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Show continued. buted by urantees. The County shall notify the Grantees' represents- tive in the County 30 days after the presentation of any - the Grantees for such pro- - and maintenance by and Telegraph Comthe County as may Grantees of the system pany and Utah Power governmental unit. C. Subscriber" be requested in writing shall be, and shall be and Light Company from time to time by deemed and construed and any other utilities shall mean any person or entity received for the Board of County in all instances and in the aforesaid under nance; provided, ny purpose the cable Commissioners; pro- respects to be, this to and nevertheless, that the television service of if the vided, however, pursuant utectwill adequately 88 The Summit County Bee Coalville, UT 84017 Friday. December 2, 1983 under the terms o? this forfeited. Upon giving ' Grantee, provided how- - facilities in place, or b. To removal all, or franchise, the manner written notice thereof ever, that no assigna or to the Grantees, this ment, conveyance, portion of such of service of which is franchise shall be void other transfer of this facilities. Such applies- - not specifically shall be valid tion shall describe the ed for, tmay be served and the rights of the Grantees hereunder unless agreed to in facilities desired to be as follows: a. Upon the County, shall cease and termi-- writing by the Board of abandoned by refer- - ence to the map or by serving. CommissionCounty ordi-with- in franchise, and not un- der or pursuant to any other right, privilege, power, authority, i in munity, or exemption whatsoever, 4. Franchise Subject claim or demand, eith- - Grantees object there- er by suit or otherwise, to, the coverage and made against the minimum limits of in County on account of surance may be fixed any negligence as a-- by arbitration in on the part of dance with the rules of the Grantees or either the American arbitra- of them. The County tion Association, SECTION V. TREE shall have the right to be represented by .TRIMMING The Grantee shall counsel, but such rep- resentatkm shall be at have the authority to the County's own ex- - trim trees upon and pense. At the request overhanging streets, and expense of Gran- - alleys, sidewalks and tees, the County shall public places of the actively cooperate and County covered by this assist Grantees to the franchise so as to fullest extent in the prevent the branches of defense of any such such trees from coming legal actions or pro- - into contact with the ceedings. In the event wires and cables of the that Grantees, after Grantees, all trimming the prior written notice, to be done underdireo-sucshall fail to defend any supervision and legal actions or tion of Summit County the and at the expense and proceedings, - liability of the addiCounty may, in tion to any other legal Grantees, provid-franchi- Grantees.. D. Basic subscriber poles of such telephcme and power companies shall be utilized by the services" or "basic Grantee hereunder service" means the se foe-Chai- man of the Board of County Commissioners nance and shall also personally, or by le with reason- - dressing a written of relaBoard the the to tice accuracy tive physical condition County Commissioners of such facilities. of Summit County, 60 2. Conditions. There- - North Main, Coalville, upon, the County shall Utah 84017, and depos-franchi- maps required by Sec- tion III of this Ordi- - practicable, simultaneous delivery Nothing contained by the Grantees to all herein should be con- - subscribers within the strued as granting to confines of the County a. At all times during Grantees any rights of (1) all signals of television the life of this fran- - whatsoever to the use plant or system to another nor transfer chise, Grantees shall of any private property broadcast required by be subject to (a) all without the consent of the FCC to be carried any rights under this e to another determine whether any iting such notice in foe lawful exercise of the the owner thereof un- - by a community without as na television is prior written abandonment or rem- - United States mail, system power by the less such permitted of the Board oval which is thereby postage prepaid, return or defined the Section to and such Utah FCC, approval by (b) County by ' reasonable regulations Code Annotated (1974), all those proposed may be receipt requested. b. Upon the Grantees effected without detri- as the County shall as amended. signals which are re- ment to the public by addressing a written SECTION XI. FRAN- - ceived by the commun-CHISinterest, or under what notice to Grantees FEE AND ity without the aid of a such pro- - dressed to: Mountain cable television system RATES abandonment or West Cable TV Inc., A. As consideration or similar appartus; posed removal may be safely P.O. Box- 566, Castle b. Nothing herein for the franchise here-- and (2) channels desig- effected, and shall then Dale, UT 84513 (or contained shall be con- - by granted, the Gran- - nated for special pur-- s trued to repeal, or to tees shal pay, and by poses by the Board of notify the Grantees of such other address as such Commissioners franfrom Grantees of this requirements in may from time to time County exempt acceptance sale, assignment or the County's order, and be furnished in writing compliance with, all1 chise, agree to pay to or its designate; and (3) educational, lease, accepting the within niney (90) days by one party to foe present and future or-- the County, semi- - public, unless other and depositing terms of the franchise, thereafter, dinances of the County annually, during the medical, local govern-an- d regulations adopt- - term, of this franchise ment, local origination, tees or by any of their and agreeing to per- otherwise- provided in said notice in the lease access subscribers, form all the conditions the order, to either: United Sates mail, y SECTION VI. ed thereunder, indud- - or any renewal or and remedies which the or a channels a. and Remove 10. to a limited thereof. all, not PORARY REMOVAL Publication extension but Cost. signals; thereof, postage prepaid.) at ing might have, When the service of The Grantees shall SECTION XVII. portion of such faciliThe Grantee shall, building, plumbing and sum equal to three (3) (4) additional service as its election, defend Gran-atio- n the excavor all of on COUNTY electrical assume the cost of the request of any codes, any such notice is made RULES, ties, such suit and be gross proposed by percent build-tee- s in orit or as tee AND Abandon b. OrdiREGULATIONS revenues license from derived and of this a mail, the time of may by Granplace reimbursed by publication person holding the operation of the after provide; provid- - nance when such publi- AMENDMENT all, or a portion, or such such notice shall begin for all reasonable ing moving permit 1 . The with and run from the 5. Compliance with cable television system ed, however, that pay cation is required by right is hereby facilities. (including sued by the County, televiAbanor 3. A durPermanent date of the deposit of law. within reserved Laws. to the for bill Other the or raise subscription County County publicaattorney's foes) incurr- temporarily The Grantees shall at ing such ed by the County in this lower their wires to year sion, as defined by the tion costs shall be to adopt, in addition to donment. Any property same in the United FCC, and radio servic- - presented to Grantees the provisions herein of foe Grantees remain- - States mail. connection, and Gran- - permit the moving of all times during the period. 2. Regulatory A- B. exed supplied by the by the County Clerk contained and existing ing in place (6) months The The above the provitees shall pay all buildings. not shall Grantees or be after termination of the d of sion which ordisuch of bill shall the be Filing. Copies of costs genry and payment paid pense applicable damages said sum equal to three considered part of the within ten days after nances, such additional expiration of this fran- - all petitions, applica-chisin any such sty removal, raising or ' ' at the election of tion and communica-th- e (3) percent of all gross basic service, regulations as it shall suit receipt by Grantees. against the lowering of wires shall shall E. in shall be tions submitted by foe find in shall be revenues the be the "Quarter XII. SECTION County, necessary by paid person County. 2. The Grantees shall requesting the same, county, or municipal effect during the period mean calender quarter, LOCAL OFFICE, exercise of the policy considered permanent- - Grantees to the Federal h 5. financial Report, AND power, provided that ly abandoned. Upon Communications have no recourse what- - nd the Grantees shall agency having lawful of time in which the NOTICE, abandonThe Grantee shall COMPLAINTS Securities and mission. soever against the have the authority to jurisdiction over the application of foe rules regulations, by permanent 1. The grantees shall ordinance or otherwise, ment of the property of Exchange Commission, County. The Board of require such payment business conducted by of the Federal Com- - file with the Summit the Grantees. munications Com- - County Auditor, at the maintain a local busi- shall be reasonable, the Grantees in place, State Public Utilities County Commission- - in advance. The Gran-eror any not shall be tees SECTION IX. USE mission (FCC) prohi-- time of payment of ness office to which and shall not be in the property shall be- - Commission given any member bits the County from each such quarterly subscribers may tele- conflict with the laws of come that of the other federal or state thereof, or any officer, less than seventy two BY COUNTY phone during regular the State of Utah. County, and foe Gran- - regulatory commission The County shall charging a larger fee; fee, a financial agent, employee, or (72) hours advance to ment y the for to business hours. The Further, it shall be the tees shall submit to the or agency having notice of satisfactory of a member board however, have the right, without Arrange of the County to County an instrument diction in respect to any commission of the such temporary wire cost, to make attach- that in any such FCC County Auditor show-rul- e Grantees shall respond in writing, to be ap- - matter affecting is rescinded by the ing in detail the gross to all service call within ments to poles owned County for any loss, changes, as e defined revenues r is VII. to or FCC declared SECTION hours twenty-foudam(24) by the County terns operations in the cost, expense or and used by the d Grantees herein of malfunotherwise or LOCATION correct and be void, of out Attorney, transferring franchise area also any Grantees within the any arising to the County the shall be submitted the not to ctions or deficiencies as In the event that at ing preceding preempt for provisions of require- County County ment of this franchise any time during foe wires used by the the County from col- - quarter. It shall be foe promptly as possible. ownership of such simultaneously to the 2. Except in emerBoard of County Com- or because of its period of the operation County in connection lecting a larger fee, by duty of the Grantees to property. 4. Failure to Remove missioners. enforcement, unless of this system the with its fire alarm, any court having juris- - pay to foe County with gency situations the 3. Entry on Private said 1ms, damage or County shall lawfully police signal, or traffic diction thereover at any such statement the sum Grantees shall notify field of transmission of Facilities. In the event hereinabove Grantees term the of the shall fail television time and radio or in alter subscribers advance to elect prescribed arises during Property. The Grantees change signal coordination syssolely expense this franchise or any or any unpaid balance if interrupted service is signals or other elect--, to remove all facilities shall not enter or from the arbitrary and the grade of any street, tems, such attachwhich it is obligated to encroach upon or capricious conduct of alley or other public ments fo be installed renewal or extension thereof for' the quarter necessitated for repair-- , ronic impulses state covered in accordance fere with or obstruct or or relocate franor other the then said the County. install, acin thereof, and maintained way, ing upgrading cable system. electronic services with such applicable any private property 3. The Grantees or extend any storm cordance with the re- chise fee may be ment 6. Inspection' of 3. If a subscriber or which will afford it an requirements within except as provided by agre to maintain and drain, or otherwise use quirements of foe Na- increased by the Board Records. or in full and force Commissionother said of street, alley tional Electrical Safety person or etity opportunity to more such time as may be law and after notice to keep County The Conty shall have making use of foe cable effectively, efficiently, prescribed by the the owner of such effect at all times public way for some Code pertaining to such ers at a regularly the proposed action by during the term of this other public purpose, construction and only scheduled meeting to the right to inspect the system should have an or economically serve County, then franchise ordinance the Grantees, upon after written notice to an amount not to Grantees records show- unresolved complaint its subscribers. County may remove Grantees. The author-suc- h sufficient liability in-- reasonable notice by the Grantees, provid-- exceed five (5 ) percent ing the gross revenues facilities at the ity and permission quality of ever, this shall not in from which its fran- service, equipment any way be construed surance coverage to the County, shall expense and en by this franchise ed, however, that foe of gross revenues. y and 2. Cooperation in chise payments are malfunctions, access to to require the County to the Grantees shall pay shall not be construed the County .ove, Granteees shall assume ' to the County the to grant or imply any computed and foe right or programming of make any such amend any such locate their poles, no liability nor be put to Waiver Application. under-mentto Grantor audit and ment further actual cost thereof plus permission or license to or Grantee shall The verify claims, suits, judg- wires, cables, any additional channels, public expense any executions or ground conduits, in connection there- cooperate, and by ac- - and all amounts paid other matters pertain- - reserves the right to the. current rate of trespass upon private in a sum of holes and other with, and provided ceptance of this fran- - under this franchise, ing to the cable system, amend or revoke this overhead being charg- - property, less than one tures at Grantees' own further that the chise, agree to cooper- - No acceptances of any That party shall have ordinance as, in its ed by foe County for 4. Lockout Boxes, ll the right to file a judgment, the public reimbursable work. hundred thousand expense, The Grantees .. shall Countys use thereof ate in good faith with payment shall be strued as a or release 5. Failure to Aban- - provide to all subscrib-do- n in dollars (S100.000.00) SECTION VIII. an be in such manner the County complaint before the good may demand. 2. County specif in accordiance with ers who so request, at a per person in any one COMPLIANCE WITH as not to interfere with application for and as an ' accord and Board of County Com- claim for personal in- - LAWS AND RESER-jur- v the Grantees use of processing of a waiver satisfaction of any missioners. reasonable cost lockout cally reserves the right conditions. to any one person VATION OR RIGHTS of the FCC rule prohi- claim the County may If any facilities to be boxes which will enable SECTION XIII. to amend the ordinance the same. 1 . No Rights by to modify the definition abandoned in place the subscriber to deny and not less than three SECTION X. CON- biting foe County from have for further or ADVISORY BOARD The Board of County of Gross Revenues hundred thousand Implication, SENT FOR POLE charging a cable fran- - additional sums subject to prescribed the use of selected No right, privilege, ATTACHMENT dollars (S300.000.00) as more than three able under this fran-(3- ) Commissioners may in Section XI, para- conditions shall not be channels by means of a to all claims arising power, authority, establish by seperate graph 4A, to include (a) abandoned in accor- - key or other decoding AGREEMENTS percent of its gross chise or for foe as a franchise mance of any other ordinance a Commun- - any fees or income dance with all such device, The County hereby any one accident, munity, or exemption The amounts for pro- - shall be deemed to be gives its consent to fee, but permitting a obligation hereunder. ity Antenna Television received by Grantees conditions, then the SECTION XXI. Late 7. shall or be conferred five to a Board which for carrying advertising County may take addi- - SAVINGS CLAUSE TeleSales Payment. Mountain petty damage Advisory County charge granted not less than fifty except those spedfical- - phone and Telegraph (5) percent fee .under ' In the event that any may, among other or commercial tional appropriate If any section, subbe charg- - sages over the system orders, including, if it section, thousand dollars ly prescribed herein. Company and any other certain circumstances. payment required of sentence, 3. Time of Payment. the Grantees by this ed with reviewing this facilities and (b) any deems desirable, an clause or any portion of (S50.000.00) as to any Nothing shall press utility to authorize the one claim and not less hereby unless it be Grantees to use the The franchise fee for Section XI is late, franchise ordinance in fees or income received order that the Grantees this ordinance is found than two hundred granted in plain and poles, underground any quarter shall be Grantees shall pay the the context of the from any other person shall remove all such to be invalid and thousand dollars unambiguous terms. conduits and other fac- due and payable on the County a late fee of one system as it becomes for utilization of or facilities in accordance unconstitutional by any 2. Enumerated ilities for the purpose of thirtieth (30th) day of and (1V5) per-th- e operative in the County connection to the pre(S200.000.00) aggre- with applicable re- - court of competent .month next sue- - cent of the amount fer the purpose of petty of the Grantees to quirements. gate in any single Rights Not Exclusive conducting the busin- jurisdiction, such por- The enumeration. of the Grantees and ceeding such quarter owed per month or part recommending amend- - the extent that a policy year. Copies of 6. Bond for Removal, tion shall be deemed a the policy of insurance herein of specific rights to attach coaxial and and shall be delinquent thereof. If Grantees fail ments if the same be franchise payment may A. Unless otherwise seperate, distinct and above mentioned, reserved by the County other cables, lines, fifteen (15) days there- - to deliver the financial deemed advisable or be legally imposed on exempted by the independent provision the County as shall not be construed duits, transformers and after. report and payment necessary for the public account thereof, Commission, and such decision shall County within thirty (30) days good. an insured, will be filed as exclusive, or as other electrical equip-wit- h 4. Definitions. SECTION XVIII. on or before one (1) not affect the aridity of the County Clerk limited the general ment thereto. And the A. "Gross Reve- - of notice' from the SECTION XIV. MODIFICATION OF year prior to the date of the remaining portions before work is com- - reservation herein County hereby gives its nues shall mean any County that the same is EFFECTIVE DATE FRANCHISE the termination of this of this ordinance, made or as limiting consent to the use by and all compensation overdue, the late fee AND ACCEPTANCE menced. STANDARDS franchise or any re- SECTION XXII. This ordinance shall 4. In addition to foe such rights as the the Grantees of the and other consideration shall be a minimum of Any modifications of newal or. extension REPEALER above obligations of County may now or poles, All ordinances or underground in any form whatso-- - fifty 1dollars ($50.00) be deposited in the the provisions of the thereof, the Grantees law. in hereafter have k conduits and other ever and any contribu- - plus per month office of the County federal franchise shall file or cause to be portion of ordinances in Grantees, Grantees 3. Supersedure of structures, towers and ting grant or subsidy or part thereof, of Summit dards resulting from filed with the County, a conflict with foe provi-bon- d agree to indemnify and 8. Default ' defend the County, its Prior Rights. facilities constructed by received directly or County and shall be amendment of the executed by the sions of this ordinance This franchise shall Utah Power and Light indirectly by the Gran- Notwithstanding the published in a news- - standards by the officers, boards, and by a are hereby repealed, Grantees in lieu of any and all Company and any other tees from subscribers provisions of Section 7 of general circul- - eral Communications surety authorized to do agents and PASSED AND employees from any other rights, privileges, utility pursuant to ordi- or users in payment for above, in the event that ation throughout the Commission must be business in the State of ADOPTED BY THE authorities, nance adopted by the television or FM radio the Grantees shall and all claims by any County and shall be in incorporated into this Utah as surety guaran- - BOARD OF COUNTY flowers, and exempomit or to refuse or fullfbree and effect 16 franchise within the teeing the removal of COMMISSIONERS OF led, whosoever for Grantees shall, reception County. persons ' state-th- e file the tions financial within service received owned, to possessobtain days from the date of time required by the the facilities of the SUMMIT COUNTY, nevertheless, personal damages ment or exerto consent pay the publication and upon FCC. County, whether property or for copy ed, controlled or appropriate Grantees upon such UTAH, on this 1st day SECTION XIX. date of termination. of November,. 1983. right infringement in cisable by Grantees and approval to the use said signals, reception percentage of gross the filing by foe Gran- AND B. The term of the BOARD OF COUNTY any amounts whatso- - pertaining to foe con- - of such poles, powers or service is included revenues in full or to tees with the Board of REMOVAL within the term basic make the reimburse-subscribever arising out of or structfon, operation or and conduits as are County Commissioners ABANDONMENT OF bond shall commence COMMISSIONERS OF service or ment payments at the of an unconditional FACILITIES, to maintenance of arisen have any owned by the said on or before such date SUMMIT COUNTY: alleged out of the granting of system in the unincor-foi- s Mountain States Tele- if an additional or time and in the manner acceptance thereof in 1. Application. At of termination and shall By Gerald Young, franchise or foe porated areas of the phone and Telegraph permium charge ' is hereinbefore provided, writing, which accep- - foe time of termination remain in effect until Chairman tance shall be filed or revocation of this the removal of such ATTEST: operation of Grantees County. The accep- Company and Utah collected for said sig- - which neglect, omis-naltance of this franchise Power and Light Comthereunder. reception or ser-- sion or refusal shall within 30 days after the franchise or of the facilities to the reason- - REED D. PACE 5. The type of insur- shall operate, as bet- pany and other utlities, vices, including instal- - continue for more than passage and approval permanent discontin-o- f able satisfaction of the Summit County Gerk this ordinance. ance and minimum ween Grantees and foe respectively, pursuant lation and line exten- - sixty (60) days follow-sio- n uance of the use of its County. Voting by Commission- SECTION XV. BIND- - cable television limits of insurance re- County, as an abandon- to the provisions of ing the sending c? charges. c. The bond amount ers: system B. "Gross Reven- - written notice thereof ING QN ASSIGNEE or any portion thereof, shall not exceed One Commissioner Young quired herein may be- ment of any and all of such ordinances. The The rights granted the Grantees shall, Hundred Thousand voted: yea come inadequate for such rights, privileges, rights granted to the ues" shall not include to the Grantees by the such purposes during powers, authorities, Grantees pursuant to any taxes on services County, unless an ex- - by this limited fran- - within thirty (30) days Dollars ($100,000). Commissioner the term of this fran- - immunities and exempt the provisions of Sec- furnished by the Gran- - tension of time is chise ordinance shall thereafter, make a writ-tee-s XX. quist voted: absent within the tion I of this ordinance chise. The Grantees tions imposed directly granted therefore in be binding upon and ten application to the NOTICE AND MIS- - Commissioner Perry shall add such insur- - County. As between shall be supplemental on any subscriber or writing by the County, inure to the benefit of County for authority CELLANEOUS voted: yea and the and additional to those user by any city, state foe Bq&nl of County the heirs, assigns, either: ance coverage and in- - Grantees PROVISIONS Published in foe Sum- of other governmental Commissioners crease such minimum County, any and all granted to the Mounmay Grantees and succes- a. To abandon all, or 1. Service of Notice, mit County Bee Dec. 2, limits by such amounts construction operation tain States Telephone unit and collected by diiare this franchise son in interest of the a portion, of such Any notice to be given 1983. accor-forcsa- id whenever be no-ab- . over-the-a- ir ' se anten-polic- 54-4-- over-the-a- ir E - h TEM-count- , here-dinance- s. one-ha- lf tempor-awarde- e, Corn-suc- s. state-provide- d, juris-polic- sys-prov- ed RE-ag- dur-fbun- foiucom-muniiati- inter-remov- e- ns by-suc- How-concerni- es rem-prote- ct re-la- s, man-deman- ds fix-n- ot - con-sha- . i- pay-chis- im-fro- m perfor-revenu- ee es - -- ts, one-ha- lf . con-nami- stan-Cler- Fed-pap- com-misshn- is, neg-signal- er s, er s, Blon-SECTIO- . N |