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Show pX PUBLIC NOTICES (Jy CAUSE THE PEOPLE MUST KNOW of the location and character of all facilities constructed, including underground facilities. fa-cilities. (b) In case of any disturbance dis-turbance of pavement, sidewalk, side-walk, driveway or other surfacing, sur-facing, the Grantee shall, at its own expense, replace and restore all paving,slde-walk, paving,slde-walk, driveway or other surface sur-face of any street or alley disturbed In accordance with the standards and specifications speci-fications of the city. (c) If at any time during the period of this ordinance the city shall elect to alter or change the grade or location lo-cation of any street, alley or other public way, the Grantee shall, upon reasonable notice by the city, remove and relocate re-locate its poles, wires, cables, cab-les, conduits, manholes and other fixtures at its own expense, and in each instance comply with the standards and specifications of the city. (d) The Grantee shall not place poles, conduits or other fixtures above or below the ground where the same will interfere with any gas, electric, telephone fixtures placed there, water hydrant, or other utility and all such poles, conduits or other fixtures fix-tures placed in any street shall be so placed so as to comply with all requirements require-ments of the city. (e) The Grantee shall, on request of any person holding a moving permit issued by , the city, temporarily move its wire or fixtures to per- vestlgate all complaints within two (2) days of their receipt and shall in good faith attempt to resolve them swiftly and equitably. (d) This franchise is governed by and subject to all applicable rules and regulations ci the Federal Communications Commission. Commis-sion. Should there be any modifications of the provisions pro-visions of Section 78.31 of the Federal Communications Communica-tions Commissions Rules and Regulations which must be Incorporated Into this franchise, the city and Grantee agree that such further fur-ther action shall be accomplished accomp-lished within one (1) year of the adoption of the modifications, modifi-cations, or at the time of the next franchise renewal. Whichever occurs first. (e) Grantee shall assure that operation of its cable TV System does not cause electronic Interference with reception of translator signals sig-nals on any channels by resi- . dents of Beaver County. If such interference occurs, the City Engineer Is authorized author-ized to direct Grantee tore-move tore-move TV signals from those ' cable channels, or take what -ever other action is necessary neces-sary to eliminate such interference. in-terference. Section 18: PAYMENT TO THE CITY. In consideration con-sideration of the rights and privileges granted herein, Grantee agrees to pay city a franchise fee of three percent per-cent (3) of gross subscriber sub-scriber revenues, such fee to be payable within ninety (90) days after the completion comple-tion of Grantee's fiscal year for gross subscriber revenues rev-enues received within said fiscal year. subsection, sentence, clause or phrase or portion of this ordinance is for any reason held invalid or unconstitutional unconstitu-tional by any court of com -petent jurisdication or any federal, state or local regulatory regu-latory body or agency having jurisdiction over Grantee, such portion shall be deemed separate, distinct, and independent in-dependent and such holding shall not affect the validity of the remaining portions hereof. Section 22; Grantee agrees to collect one -twelfth of Grantor's yearly televis -ion license fee from each subscriber each month for use of the translator and forward for-ward such amounts collected to Grantor semiannually Section 23: The Grantee shall assume the cost of publication of this franchise ordinance. A bill for publication pub-lication costs shall be presented pre-sented to the Grantee by the City of Milford Recorder. Section 24: This ordinance ordi-nance shall take effect and be in force on September 8, 1981. PASSED AND ADOPTED by the City Council and approved ap-proved by the Mayor of the City of Milford this 8th day of September, 1981. ROY L. YOUNG MAYOR ATTEST: Betty Lou Bacon City Recorder Published in the Beaver County News September 17, 1981. hereinbefore set forth, shall be guilty of a misdemeanor, misdemean-or, and upon conviction shall be fined in the sum not exceeding ex-ceeding Three Hundred Dollars Dol-lars ($300,000), and each day that such violation exists shall constitute a separate offense. In all prosectuions of this section of this ordinance, proof that any of the acts herein forbidden were done or, or about the premises . owned or occupied by the defendant charged with the commission of such offense, or that the defendant unlawfully unlaw-fully received the benefit of the transmission of tele-., vision signals from system sys-tem on account of the com -mission of such acts, shall be prima facie evidence of the guilt of the defendants. Section 17: MISCELLANEOUS MISCEL-LANEOUS PROVISIONS. (c) In the event a customer custo-mer fails to pay his monthly month-ly service charge to Grantee by the tenth of the month in which said charge Is due, Grantee Is authorized to dis -connect the installation or charge a penalty of Five Dollars ($5.00) or both. Any customer so disconnected discon-nected for non-payment shall be required to pay a full installation in-stallation fee in order to have the service reconnected. re-connected. 1 (b) Upon request of the city, Grantee shall provide the first connection free of charge to designated school and municipal buildings in the city. (c) Grantee shall maintain main-tain a local agent and a telephone listing for the purpose pur-pose of receiving Inquiries and complaints from its customers. cus-tomers. Grantee shall in- Sectlon 19: CONSTRUCTION CONSTRUC-TION SCHEDULE. Grantee shall file applications for all necessary permits and authorizations within ninety nine-ty (90) days of the granting grant-ing of this franchise. Grantee Gran-tee shall commence construction con-struction of the system within with-in one (1) year of the com -mencement of construction. Section 20: TRANSFER OF FRANCHISE. The Grantee Gran-tee of this franchise may not assign or transfer the same without the consent of the city, except that this franchise may be transferred transfer-red in trust, mortgage, or other hypothecation to secure se-cure an indebtedness. Nothing Noth-ing herein shall be construed constru-ed so as to give the Grantee its successors, or assigns, any exclusive rifht to the privileges herein granted. Section .21: SEPARABILITY. SEPAR-ABILITY. If any section, ORDINANCE NO. 70-81 An Ordinance granting a franchise to Delaware -Orcal (Utah) Cable, Inc., it's successors suc-cessors and assigns, to construct, con-struct, operate and maintain a cable television system In the City of Milford, Utah, setting forth conditions accompanying ac-companying the grant of franchise, and providing for city regulation and use of the cable television system . WHEREAS, it is deemed , desirable and in the best interest of the citizens of Milford, Utah, that a cable TV system exists for the use of said residents, now, therefore, BE IT RESOLVED, by the City Council of the City of Milford, Utah, that there Milford, Utah, that there is hereby created and established estab-lished a cable television franchise in the City of Milford, Mil-ford, which franchise is awarded to Delaware -Orcal (Utah) Cable, Inc. (hereinafter (hereinaf-ter referred to as "Grantee"), "Gran-tee"), said franchise and the rules governing the operation op-eration of the Grantee under said franchise being as fol- lows; Section 1: DEFINITIONS; For the purpose of this franchise, fran-chise, the following terms, phrases, words and their derivations, shall have the meaning given herein. When not Inconsistent with the context, con-text, words in the plural number include the singular number, and words in the singular number include the plural number. The Word "shall" is always mandatory manda-tory and not merely directory. direct-ory. (a) City Is 'Milford, Utah. (b) City Council is the Milford, Utah City Council. (c) Cable Television System Sys-tem hereinafter referred to as "CATV System" or 'ISystem" means a system of coaxial cables or other electrical conductors and equipment used, or to be ' used primarily to originate or receive television or radio signals directly or indirectly in-directly off the air and trans -mit them to subscribers for a fee. (d) Person is any person, firm, partnership, associ- "ation, corporation, company or organization of any kind. (e) Grantee is the Delaware Dela-ware - Orcal (Utah) Cable, Inc. or person who succeeds such company in accordance with the provisions of this franchise. (f) Gross Subscriber Revenues shall include any and all compensation or recepits derived from recurring re-curring monthly service charges, but shall not include any refunds or credits made to subscribers, any taxes Imposed on the services furnished fur-nished by grantee, any write -off s of uncollectible . accounts, and receipts from pay television. Section 2: GRANT OF NON - EXCLUSTVE AUTHORITY. AUTH-ORITY. (a) The Grantee shall have the right and privilege to construct, erect, operate and maintain in, upon, along, across, above, over and under the streets, alleys, public ways and places now laid out or dedicated and all extensions thereof, and additions ad-ditions thereto in the city; poles, wires, cables, underground under-ground conduits, manholes and other television conductors con-ductors and fixtures necessary neces-sary for the maintenance and operation in the city of a CATV System as herein before be-fore defined. (b) The right to use and occupy said streets, alleys, public ways and places for the purposes herein set forth lhall not be exclusive, and lie city reserves the right grant a similar use of said itreets, alleys, public ways ihd places to any person at ay time during the period of tils franchise. Section 3: RULES OF RANTEE: The Grantee ball have the authority to romulgate such rules, igulations. terms and con-tions con-tions governing the conduct ' Its business as shall be asonably necessary to en-ile en-ile said Grantee to exer-se exer-se it's rights and perform i obligations under this rmit and to assure Interrupted service to :h and all of its customers; vlded that such rules, filiations, terms and con-ons con-ons shall not be in con-t con-t with the provisions Bto, the rules of the Fed -I Communications Com-Blon, Com-Blon, the laws of the State Uh, the City or any other body having lawful jurisdiction juris-diction thereof. Section 4: COMPLIANCE WITH APPLICABLE LAWS, RESOLUTIONS, AND ORDINANCES. OR-DINANCES. The Grantee shall, at all times during the life of this franchise be subject to all lawful exercises exer-cises of the police power by the city and to such reasonable reas-onable regulation as the city shall herinafter provide. Section 5: TERRITORIAL TERRITORI-AL AREA INVOLVED .This franchise relates to the present territorial limits of the city, and to any area henceforth added thereto during the term of this franchise. fran-chise. Section 6: LIABILITY AND INDEMNIFICATION. The Grantee shall hold the city harmless against any and all damages that may be caused by reason of the construction con-struction andor operation of Grantee's CATV System In the territorial area involved to any and every person or persons, and grantee shall cause to be defended at its own expense, all actions that may be commenced against again-st the city for damages by reason of the construction andor operation of such system in the territorial area involved. The Grantee shall carry public liability and property damage insurance insur-ance in the sum of not less than Three Hundred Thous- and Dollars ($300,000.00) for each individual, Five Hundred Hun-dred Thousand Dollars dred Thousand Dollars ($500,000.00) for each accident, ac-cident, and ' One Hundred Thousand Dollars ($100,-000.00) ($100,-000.00) for property dam age, with the city named as an additional insured, Said Insurance In-surance to be carried with an Insurance company with a recognized national reputation repu-tation acceptable to the city. Section 7: OPERATION AND MAINTENANCE OF THE SYSTEM. The Grantee shall render effective service, serv-ice, make repairs promptly, prompt-ly, and interrupt service only for good cause and for the shortest time possible. Such interruptions, as far as possible, pos-sible, shall be preceded by notice and shall occur during periods of mmim'un use of the system. Section 8: EMERGENCY USE OF FACILITIES. In the case of any emergency or disaster, the grantee shall upon request of the City Council, make available its facilities to the city for emergency use during an emergency or disaster period. , Section 9: SAFETY REQUIREMENTS. RE-QUIREMENTS. (a) The Grantee shall at all times employ ordinary care and shall Install and maintain in use commonly accepted methods and devices de-vices for preventing failures and accidents which are like -ly to cause damage, injuries or nuisances to the public. (b) The Grantee shall install in-stall and maintain its wires, cables, fixtures and other equipment In accordance with the requirements of the National Electric Safety Code, and State of Utah, and in such manner that they will not Interfere with any Installations In-stallations of the city or of any public utility serving the city. (c) All structures and all lines, equipment and connections con-nections in, over, under and upon the streets, sidewalks, alleys and public ways and places of the city, wherever situated or located, shall at all times be kept and maintained. main-tained. Section 10: CONDITIONS ON STREET USE. (a) All transmission and distribution structures, lines and equipment erected by the Grantee within the city, shall be located so as not to obstruct or Interfere with the proper use of streets, alleys and other public ways and places, and to cause a minimum interference inter-ference with the rights of property owners who abut any of said streets, alleys and other public ways and places, and not to interfere inter-fere with the existing public utillity installations. In the event existing conditions require re-quire such action, as determined deter-mined solely by the city of Milford Grantee shall place its transmission and distribution distri-bution lines underground. When property owners pay all or a portion of such un-dergroundlng un-dergroundlng costs, by the local improvement district method or otherwise, Grantee Gran-tee shall furnish to and file with theCity Engineer.maps, plats and permanent records mit the moving of buildings with the" expense of such tem -porary removal to be paid in advance by the person requesting the same, and the Grantee shall be given not less than forty eight (48) hours advance notice to arrange for such temporary tem-porary changes. (f) The Grantee shall have the authority to trim any trees upon and overhanging over-hanging the streets, alleys, sidewalks or public easements ease-ments of the city so as to prevent the branches of such trees from coming In contact with the wires and cables of the Grantee. Section 11: ERECTION, REMOVAL AND JOINT USE OF POLES. (a) No poles, conduits, " or other wire -holding structures struc-tures shall be erected or installed by the Grantee without prior approval of the City Engineer with regard to location, height, type and other pertinent aspects. The location of any pole, conduit, or wire -holding structure of the Grantee shall not be a vested right and such poles, conduits or structures shall be removed or modified by the Grantee at its own expense ex-pense upon order of the city. (b) Where poles, conduits, or other wire -holding structures struc-tures of any public utility company are available for use by Grantee, the city may require the Grantee to use such poles, conduits and structures if the permission and consent of such public utility company may be obtained ob-tained by the Grantee and if the terms of the use available avail-able to the Grantee are just and reasonable'. (c) For purposes of this franchise the city owned municipal utilities system shall be considered the same as any other public utility, and Grantee shall obtain any required consents and agreements directly with said municipal utility, which consents and agreements shall be the subject of a document separate from this franchise. Section 12: PREFERENTIAL PREFEREN-TIAL OR DISCRIMINATORY PRACTICE PROHIBITED. The Grantee shall not, as to rates, charges, services, facilities, rules, regulations or in any other respect, make or grant any undue preference pref-erence or advantage to any person, nor subject anyper-son anyper-son of any prejudice or disadvantage. dis-advantage. Section 13: DURATION OF FRANCHISE. This franchise fran-chise and the rights, privileges privi-leges afid authority hereby granted shall take effect and be in force and after August 3, 1981, and shall continue in full force and effect for a term of fifteen (15) years. Section 14: OPERATION -At STANDARDS. The CATV System shall be Installed and maintained in accordance accord-ance with the highest and best standards of the industry in-dustry and theFederalCom-municatlons" theFederalCom-municatlons" Commission Regulations to the -end that subscribers shall receive the best service possible. . Section 15: SYSTEM CONSTRUCTION CON-STRUCTION AND EXTENSION, EX-TENSION, (a) Grantee, whenever it shall receive a request for service from at least ten (10) subscribers within 1320 cable feet of its trunk cable, shall extend its system to such subscribers at no cost to the subscribers subscrib-ers for system extension other than the usual connection con-nection fees for all subscribers, subscrib-ers, provided that such extension ex-tension is technically and physically feasible. The 1320 feet shall be measured in extension length of Grantee's cable required for service located within the public way or easement and shall not include length of necessary service drop to , subscriber's home or premises. (b) No person In Grantee's service area shall be arbitrarily arbi-trarily refused service. However, in recognition of the capital costs Involved for unusual circumstances such as requirement for underground un-derground cable, or more than 150 feet of distance from distribution cable to connection of service to subscribers, sub-scribers, or a density of less than ten (10) subscribers sub-scribers per 1320 feet of cable system, in order to prevent inequitable burdens bur-dens on potential cable subscribers sub-scribers in more densely populated areas, service may be made available on the basis of cost of materials, materi-als, labor and easements. Section 16. UNAUTHORIZED UNAUTHOR-IZED USE AND ATTACHMENT. ATTACH-MENT. Whoever, without the consent of the Grantee, willfully destroys, damages or in any way injures any ' CATV System within the city, or its poles, cables, wires, fixtures, antennae, emplifi-ers emplifi-ers or other apparatus, equipment or appliances, or who willfully obstructs, impedes or impairs the service of any system therein, there-in, or any of its lines, or the transmission of television tele-vision and radio signals thereover; or whoever.with-out whoever.with-out such consent, attaches within city any device or equipment to such system, or any lines, antennae, poles, cable, wire fixture, amplifier ampli-fier or other apparatus, instrument, in-strument, equipment or appliance ap-pliance thereof; or who taps or connects directly or indirectly, in-directly, any wire or any other means whatsoever, to or with any system line so as to hear, or see, or be in a position to hear or see, for any use or purpose whatsoever, any signal going over said system line, or who makes said tapping or connection for the purpose of receiving "or enabling any other person to receive any service over said line or lines; or whoever uses or attempts at-tempts to use, in any manner man-ner or for any purpose, any information so obtained, or communicates the same in any way or for any purpose, or attempts to so com -municate the same; or whoever who-ever aids, agrees with, em -ploys, or conspires with, any person to do or cause to be done any of .the acts |