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Show ORDINANCE NO. 01-88 AN ORDINANCE TO GRANT A NON EXCLUSIVE FRANCHISE TO DO BUSINESS AS A COMMUNITY ANTENNA TELEVISION SYSTEM. The Board of County Commissioners Commission-ers of the County of Davis, State of Utah, ordains as follows: WHEREAS, Insight Communications Communica-tions Company, a Utah limited partnership, partner-ship, desires to conduct the business of a Community Antenna Television System, Sys-tem, including, if this is found expedient expe-dient by it, all types of services usually furnished or which can be furnished by such a system, in the unincorporated area of the County of Davis through the media of transmission through cables and-or wires commonly called a Master Antenna Cable System, or otherwise; and WHEREAS, said contemplated cable system would to a large extent be over and under the streets, sidewalks, public land, and highways of the County Coun-ty of Davis, NOW, THEREFORE, be it resolved that: Section I: There is hereby granted to the said Insight Communications Company Com-pany and its successors, hereinafter 0 called the Grantee, the right and privilege, pri-vilege, but not exclusive, for a period of thirty (30) years from the effective date of this ordinance to erect in the present and future streets, alleys, and public places outside the corporate limits of the cities and towns in the County of Davis, towers, poles, lines, cables, necessary wiring, underground conduits, con-duits, and other apparatus for the purpose pur-pose of receiving, amplifying, and distributing dis-tributing television and radio signals to said County and the inhabitants THEREOF. Section II: That poles, towers, underground under-ground conduits, and other facilities shall be so erected as not to interfere with the traffic over the streets and alleys, and the location of all poles, towers, or other obstructions and installations in-stallations shall be fixed with the prior written approval and under the supervision super-vision of the County of Davis, as to such location giving consideration to the reasonable operation of the same; providing further that such location shall not be a vested interest, and the same shall be removed by Grantee whenever, in the opinion of the Board of County Commissioners, the same 1 restricts or obstructs the operation, location or use for the benefit of the public of said streets, alleys and public places. Section til: The County hereby gives ;.. its consent to any public utility conducting con-ducting business in Davis County for the said Grantee and its assigns to attach or otherwise affix cables or wires to the pole facilities, underground under-ground conduits of such public utility, even though the same may cross over or under the streets, sidewalks, public lands, or highways of Davis County, provided the said Grantee or assigns secure the permission and consent of the said public utility companies concerned. con-cerned. Section IV; That all streets and sidewalks, side-walks, curbs or culverts or other existing ex-isting structures or improvements disturbed dis-turbed or damaged in the construction or maintenance of said cable lines and other appurtenances shall be promptly repaired by the Grantee at its expense and to the satisfaction of the County of Davis. Section V: That the Grantee, its successors suc-cessors or assigns, shall be subject to all ordinances now in force or that may hereafter be enacted relative to the use of the streets and alleys of the County of Davis. Section VI: That the Grantee, its successors suc-cessors or assigns, shall hold the County Coun-ty of Davis harmless from all claims for damages arising out of the construction, construc-tion, maintenance or operation of said cable lines or other appurtenances. Section VII: That the Grantee herein, its successors or assigns, is hereby given eighteen (18) months from the date of this ordinance in which to con- Oduct tests, make surveys, and generally ascertain the need, feasibility, and desirability de-sirability for such television cable system sys-tem in the public interest for the people of the Davis County area as contemplated contem-plated herein. The Grantee, its successors succes-sors or assigns, is given an additional eighteen (18) months in which to build, construct., and prepare for operation of the said television cable system as contemplated, con-templated, providing such construction construc-tion and operation is deemed to be feasible and desirable for the benefit of the public and the people of the Davis County area by virtue of the test, surveys, sur-veys, and findings made during the first eighteen (18) months of this franchise, provided, however, that in the event all licenses, permits, and other authority requisites for the operation of microwave micro-wave facilities and all pole line agreements agree-ments and all other necessary legal requirements re-quirements for installation of the system sys-tem are not obtained or satisfied to permit per-mit compliance with said time requirements, require-ments, through no fault of the Grantee, its successors or assigns, then Grantee shall begin construction of the system within sixty (60) days after all licenses, permits, and other authority requisites for the operation of microwave facilities facili-ties are obtained and pole line agreements and all other necessary legal requirements for installation of the sy stem s-tem are satisfied. The County Commission Commis-sion of the County of Davis, State of Utah, shall have the right, upon finding that such service has not been reasonably reason-ably furnished after the above time limits, upon hearing, after notice (in person or by publication for one time in some newspaper published in Davis County, said notice to be given at least ten (10) days before the date of such hearing) to the Grantee, its successors or assigns, to cancel and terminate this franchise. Section VIII: That this franchise is granted upon the condition that said Grantee, its successors or assigns, will pay to the County of Davis, State of Utah, annually, commencing six (6) months after the commencement of operation of the cable system, a fee of three percent (3) per annum of the gross revenue for the Community Antenna System within the County of Davis in the area lying outside the corporate cor-porate limits of the cities and towns, the construction and operation of which is contemplated herein. The payments pay-ments described in this Section shall be in lieu of any and all other franchise, occupation, privilege, license, pole, wire, instrument and excise taxes, excepting ex-cepting property taxes levied by the County on an ad valorem basis or by the State Tax Commission as against the Grantee as a utility and other special spe-cial improvement district assessments lawfully levied by the County or any other political subdivision of the State of Utah pursuant to law. The 3 tax shall be payable on all gross revenue from the beginning of the operation and shall be payable on the 1 st day s of January Janu-ary and July of each year for the previous pre-vious 6 month period. The Grantee agrees to file with the County Auditor a report of such revenue for the preceding preced-ing 6 month period, and which report shall include a computation of the tax due. The records of the Grantee reflecting reflect-ing the information relevant in determining deter-mining revenues described in this paragraph para-graph shall be available for inspection by the Board of County Commissioners Commission-ers or its duly authorized representatives. representa-tives. Section IX: That the rights, privileges, pri-vileges, and franchise herein granted may be assigned and transferred to a new company or corporation formed or to be formed by the Grantee herein. Section X: Nothing in this ordinance shall be deemed to prohibit or require the preapproval of (a) the mortgage or pledge of the Network or any part thereof, or (b) a leasing by the Grantee from another person of all or part of said Network, for financing purposes or otherwise. However, any such mortgage, mort-gage, pledge or lease shall be subject to the rights of the County under this ordinance ordi-nance as to any operator of the Network other than Grantee and other applicable ap-plicable laws. For purposes of said provision, pro-vision, the term "Network" shall mean this ordinance and the franchise granted thereunder, and all of the component com-ponent physical, operational and technical tech-nical elements of any cables, optical fibers, electrical or electronic equipment equip-ment or facilities used for the purpose of transmission of electrical impulses of television, radio and other intelli-" intelli-" ' gence, either analog or digital, fot sale ' to or use by the inhabitants-of the County. Section XI: If any section, subsection, subsec-tion, sentence, clause, or any portion of this ordinance is found to be invalid and unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such design shall not affect the validity of the remaining portions of this ordinance. Section XII: This ordinance shall be deposited in the office of the Davis County Clerk and shall be published once in a newspaper of general circulation circula-tion in Davis County, and shall be in full force and effect 15 days from the date of passage of this ordinance and publication, and upon the filing by the Grantee with the Board of County Commissioners of an unconditional acceptance thereof in writing, which acceptance shall be filed within thirty (30) days after the passage and approval approv-al of this ordinance. Adopted and passed by the Board of County Commissioners of Davis County, Coun-ty, State of Utah, this 6th day of January, Janu-ary, A. D. 1988, Commissioners Harold J. Tippetts, Glen E. Saunders and William L. Peters all voting aye. HAROLD J. TIPPETTS Chairman Approved as to form: Attest: Nancy Burningham Gerald E. Hess Office of the Davis County Attorney Published in the Davis County Clipper on Jan. 13, 1988 Issue No. 50 C-713 |