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Show THURSDAY, NOVEMBER 10, 1977 THURSDAY, NOVEMBER 10, 1977 and feasible such as bidirectional communications, computer-aide-instruction, video disc broad-casts, multiple signal bidirec-tional usuage, etc. The grantee further agrees to work with the city to provide technical advice concerning other types of ap-plications which the city or its associated agencies can and ought to make of its broadcast capability. Section 6. CONSENT TO USE EXISTING UTILITY FACUL-TIES. The City hereby gives its con-sent to Mountain States Telephone and Telegraph Com-pany, Utah Power & Light Com-pany and any other utility or company to authorize the gran-tee to use their poles, un-derground conduits and other facilities within the city for the purposes of conducting the business of the grantee and to attach coaxial and other cables, lines, conduits, transformers, and other electrical equipment thereto. Grantee shall never-theless obtain appropriate con-sent and shall contract with such companies for approval for the use of such poles, towers, and conduits as are owned by said Mountain States Telephone and Telegraph Company. Utah Power & Light Company and other utilities and companies respec-tively pursuant to the provisions taxes except ad valorem, proper-ty taxes and special im-provement assessments lawfully levied by county or any other subdivision of the State of Utah pursuant to law. 2. Gross revenue receipts defined; The phrase "gross revenue receipts from the sales and services" shall be inter-preted to include only those revenues derived from the sup-plying of regular subscriber ser-vice; that is " gross subscriber revenues," as defined by the Commission in paragraph 95 of the Clarification, 46 FCC 2d 175 11974). 3. Monthly customer rates; The grantee shall be entitled to charge each customer not to ex-ceed $7.50 per month for the first television set, plus $1.50 for each additional set, said rate not to be increased without the approval of the city. 4. Customer installation charge: The grantee shall be entitled to charge each customer not less than $15.00 nor more than $25.00 for the installation of the cable system to the customer for the first television outlet and $7.50 for each additional outlet which may be attached at said location. 5. Charges for special services: The Company may make an ad-ditional charge for any special services provided to the city by the installation of the system are satisfied, shall commence con-struction of the system. Section 10. SUPERVISION AND INSPECTION. All construction or installation work performed subject to the provisions of this ordinance shall be subject to approval of the city engineer and to such inspection as he shall find necessary to in-sure compliance with governing ordinances. Section 11. COLOR TRANS-MISSIONS. The signals transmitted over the cable system shall be capable of distributing color television signals, and when the signals the grantee distributes are received in color, they shall be distributed in color where technically feasible. Section 12. EMERGENCY AND DISASTER USE. In case of any emergency or disaster, the grantee shall, upon the request of the city, make available its facilities to the city for emergency use during such emergency or disaster. Section 13. LOCAL AGENT. The grantee shall maintain a force of one or more local agents or employees at all times and shall have sufficient employees to provide safe, adequate, and prompt service for its facilities. Section 14. CITY RULES AND AMENDMENTS. tence, clause or any portion of this ordinance is found to be in-valid and unconstitutional by any court of competent jurisdic-tion, such portion shall be deemed a separate, distinct and independent provision and such decision shall not affect the validity of remainint portions of this franchise. Section 18. REPEAL OF CON-FLICTING ORDINANCES. All ordinances or portions of ordinances in conflict with the provision of this ordinance are hereby repealed. Section 19. THE COMPANY'S QUALIFICATIONS. The grantee's legal, character, financial, technical and other qualifications, and the adequacy and feasibility of its construction arrangements were approved by the city council as part of a full public proceeding affording due process, at the conclusion of which the subject franchise was awarded. Section 20. STATE OF EM-ERGENCY AND PUBLICA-TION. In the opinion of the city coun-cil of Pleasant Grove City, Utah, an emergency exists and that it is necessary on account of such emergency and in the interest of the conservation of the peace, health and safety of Pleasant Grove City and its inhabitants that this ordinance shall take ef- - requested, the city may then do so at the grantee's expense. 3. Relocation'; In the event that any time during the period of this franchise, the city shall lawfully elect to alter or change the grade of any street, alley or other public way, the grantee, upon reasonable notice by the city, shall remove and relocate its poles, wires, cables, un-derground conduits, manholes and other fixtures at its own ex-pense so as to comply with the requirements of grantor. 4. Placement of fixtures and conformance to electrical stand-ards: The grantee shall not place poles or other fixtures where the same will interfere with any gas, electric or telephone fixture, water hydrant or main, and all such poles or other fixtures placed in any street shall be placed at the outer edge of the sidewalk and inside the curbline, and those placed in alleys shall be placed close to the line of the lot abutting on said alley, and then in such a manner as not to interfere with the usual travel on said streets, alleys and public ways. Grantee agrees to conform to requirements of the Pleasant Grove City Corporation in regard to all installations and specifically that in any area where electrical utilities are in-stalled underground, that gran-tee will likewise install all equip-ment and cables underground. The grantee shall install and maintain its wires, cables, fix-tures, and other equipment in accordance with the requiremen-ts of the National Electrical Safety Code promulgated by the National Bureau of Standards and the National Electrical Code of the National Board of Fire Underwriters and in such a man-ner that it will not interfere with any uses by the city or by a public utility serving the city. 5. Use of poles and un-derground lines: It is mutually understood that the grantee may use poles or underground lines erected or owned and maintained by the city, insofar as the city's easement rights so permit, or by Utah Power & Light andor Mountain States Telephone, where separate rental agreemen-ts can be reached for the use of the same, but where the use of such poles or underground lines is not practical or mutually satisfactory, the grantee shall have the right to erect and main-tain its own poles or install cable along underground rights-of-wa- y of the city as may be necessary for the proper construction and maintenance of the television distribution system provided the grantee shall obtain prior ap-proval under the conditions previously set forth in this or-dinance from the city as to the necessity for the location of any new poles to be erected or un-derground cable to be installed. However, any poles erected by the grantee may be acquired by the city, on such terms as are equitable, and thereafter be the property of the city and subject to the rental rates as herein agreed. 6. Where underground lines are required: In any area where ser-vice is now provided, or where service may later be provided by underground power lines, the grantee's lines shall also be placed underground in accor- - ty thousand dollars ($50,000,001 as to any one claim and not less than two hundred thousand dollars ($200,000.00) aggregate in any single policy year. Copies of the policy of insurance above mentioned, the city to be named as insured, will be filed with the City Recorder of the City before work is commenced and copies of the renewal certificates shall be filed annually on the same date thereafter. 1. Local Office: Complaints. The grantee shall maintain a local business office or agent which subscribers may telephone during regular business hours each day except Saturdays, Sun-days and other holdiays proclaimed by national, state or local governmental authority without incurring added message or toll charges so that CATV maintenance service shall be promptly available. Complaints for other than regular working hours may be made to a separate telephone maintained for that purpose which shall be listed in the telephone directory, or the same telephone number may be used, at the option of the grantee. Complaints received prior to 11:00 a.m. of any working day shall be investigated within six (6) hours and those received at all other times shall be investigated within twelve (12) hours. If the problem is caused by grantee owned equipment, it shall be repaired as soon as reasonably possible, and the customer shall not have to pay for any day when service is not available for over six (6) hours. Provided, however, the grantee does not guarantee in any way the fun-ctioning of television receivers owned by the customer, it being contemplated that the in-vestigation will be made with a television receiver maintained by the grantee for the investigation of complaints as aforesaid. Should a subscriber have an unresolved complaint regarding the quality of cable television service, equipment malfunctions or similar matters, the subscriber shall be entitled to meet jointly with a representative of the city and a representative of the gran-tee within thirty (30) days to fully discuss and resolve such matters. Section 4. COMPLIANCE WITH APPLICABLE LAWS AND ORDINANCES, INCLUD-ING FEDERAL REGULA-TIONS. The grantee shall, at all times during the life of this franchise, be subject to all lawful exercise of the police power by the city, and to such reasonable regulation as the city shall hereafter by resolution or or-dinance provide, and shall fully comply with all applicable rules and regulations now in effect or hereafter adopted by the Federal Communications Commission, the State of Utah and the United States Government. Any modification resulting from any amendment of any sec-tion of the Rules and Regulations of the Federal Communications Commission which apply Franchise Stan-dards (Section 76.311 shall be in-corporated into this franchise as of the date such modifications become obligatory under FCC regulations, or in the event no obligatory date is established, within one year of adoption or at Ordinance No. 5-1- 7 thru 20 AN ORDINANCE GRANTING TO BFM CONSTRUCTORS, INCORPORATED, A COR-PORATION, ITS SUCCESS-ORS AND ASSIGNS, THE RIGHT AND PRIVILEGE TO CONSTRUCT, ERECT, OP-ERATE AND MAINTAIN OV-ER AND UNDER THE STREETS, ALLEYS AND PUBLIC WAYS OF THE CITY WIRES, CABLES AND UN-DERGROUND CONDUITS, AND TO CONDUCT AND OP-ERATE A CABLE TELEVIS-ION SYSTEM BUSINESS IN THE CITY. BE IT ORDAINED BY THE CITY COUNCIL OF PLEASANT GROVE, UTAH: Section 1. GRANT OF FRANCHISE AUTHORITY. There is hereby granted by the city of Pleasant Grove a non-exclusive franchise to BFM Con-structors, Incorporated, a cor-poration, its successors and assigns for a period beginning from and after the effective date of this ordinance and until the 4th day of October, 1992, the right and privilege to construct, erect, operate, sell this service from and maintain in, upon along, across, above, under and over the streets, alleys, and public ways and public places now or hereafter laid out or dedicated, and all extensions thereof and additions thereto in Pleasant Grove City, Utah, poles, wires coaxial and other cables, underground conduits, manholes, and such other television conductors and fix-tures as are necessary or proper for the maintenance and operation in the city of a system for the transmission of television, FM radio and elec-trical impulses and signals for all public and private use; provided, however, that such poles or other fixtures placed on any street shall be placed at the outer edge of the sidewalk and inside the curbline, and those placed in alleys shall be placed close to the line of the lot abutting said alleys and then in such a manner as not to interfere with the usual travel on said streets, alleys and public ways, and provided fur-ther that underground conduits, cables and other facilities shall be located and constructed in such a manner and placed at such depths as not to interfere with the facilities of the city or any public utility operating by virtue of any prior ordinance adopted by the city or otherwise, or with the grading and main-tenance of such streets, alleys and public ways and, before con-structing any such facilities, the city shall be furnished complete drawings of any construction pursuant to the provision of this ordinance, and that the city shall keep and maintain permanent records of the locations and' character of any underground facilities constructed and the relationship of such facilities to those of the city and public utilities operating within the city. 1. Nonexclusive grant: The right to use and occupy said streets, alleys, public ways and places for the purposes herein set forth shall not be exclusive, and the city reserves the right to grant a similar use of said streets, alleys, public ways and places, to any person at any time during the period of this franchise. 2. System construction and extension. Within one (1) year of the receipt of final orders grant-ing all necessary permits and authorizations which are required in the conduct of its business, including but not limited to any utility joint use attachment agreements, microwave carrier licenses, a cer-tificate of compliance as issued by the Federal Communications Commission, and any other per-mits, licences, and authorizations to be granted by duly con-stituted regulatory agencies having jurisdiction over the operation of cable television systems or their associated microwave tranmission facilities, shall have been received by the Grantee. The Grantee shall also have within six (6) months after commencement of construction an operable headend completed, and shall have extended energized trunk cable to at least 20 of the franchise area and the Grantee will render service to an additional 20 of the City each year thereafter until 100 of all areas included in the fran-chise area have been covered by and are accessible to energized trunk cable. However, the Gran-tee will not be held liable for the completion as hereinabove set forth when delayed by an action of the City, or when it is preven-ted from doing so by circum-stances beyond its control such as unavailability of materials, ac-ts of nature or civil strife. 3. No person, firm or cor-poration in the Grantee's service area shall be arbitrarily refused service. However, in recognition of the capital costs involved, for unusual circumstances, Such as requirements for underground cable, or more than 150 feet of distance from distribution cable to connection of service to sub-scribers, or a density of less than ten subscribers per 1,320 feet of cable system, in order to prevent inequitable burdens on potential cable subscribers in more densely populated areas, service may be made available on the basis of cost of materials, labor and easements. 4. In the event additional ad-jacent territory is incorporated within the city's limits, by an-nexation or otherwise, grantee's rights and duties under this Or-dinance shall be deemed to in-clude such additional territory. SECTION 2. CONDITIONS ON STREET OCCUPANCY. 1. Use: All transmission and distribution structures, lines and equipment erected by the gran-tee within the city shall be so located as to cause minimum in-terference with the proper use of streets, alleys and other public ways and places and to cause minimum interference with the rights or reasonable conven-ience of property owners who ad-join any of the said streets, alleys, or other public ways and places. 2. Restoration: In case of any disturbance of pavement, side-walk, driveway or other sur-facing, the grantee shall, at its own cost and expense, and in a manner approved by the city engineer and consistent with other city ordinances on the sub-ject of excavation in public streets, replace and restore all paving, sidewalk, driveway or surface of any street or alley disturbed to its original con-dition of safety and utility. Grantee shall obtain and pay for all permits required by ordinance for and shall be subject to all or-dinances relating to excavations or obstructions made by grantee in streets or alleys. Such restoration work will be guaran-teed by the grantee for a period of one year to be free from struc-tural defects and in the event there is any problem with such restoration work shall, upon notice given, repair the same within fifteen (15) days after said notice. If the grantee fails to complete such repairs as of such ordinance. Ihe rights granted to the grantee pursuant to the provisions of Section 1 of this ordinance shall be sup-plemental and additional to those granted to the Mountain States Telephone and Telegraph, Utah Power and Light Company and other utilities and companies who have been granted franchise; provided, nevertheless, that the poles of such telephone and power companies shall be utilized by the grantee hereunder wherever practicable. Section 7 PAYMENT TO CITY AND RATES. 1. As a consideration for this grant the grantee agrees to pay to the treasurer for the city a sum equal to three (3) per cent of the gross revenue receipts per annum, derived by the grantee from monthly service charges received by the grantee from sub-scribers to its services within the city. Within sixty (60) days after the first days of January and July of each calendar year thereafter during the term of this ordinance, the grantee shall file with the treasurer of the city a report of such revenue as described in this section for the proceeding six (61 month period, which report shall include a com-putation of the tax due. The amount of the tax so earned and calculated shall determine the accuracy of the tax computation and if he finds any errors shall report the same to the grantee for correction. The records of the grantee reflecting the infor-mation relevant in determining revenues described in this paragraph shall be available for inspection by the City Council of Pleasant Grove City or their duly authorized representative at all reasonable hours and upon reasonable notice. The payments described in this section shall be in lieu of any and all other fran-chise, occupation, privilege, license, pole, wire, instrument, excise, revenue or any other the grantee such as closed circuit surveillance systems. Authority to use said channels to be pur-suant to any Federal Com-munications Commissions regulations. 6. Increases in rates: In-creases in rates charged to sub-scribers shall not be made except as authorized by the city council after an appropriate public proceeding affording due process. From time to time, the grantee may seek approval of the council a rate increase, however, rates approved shall remain in effect for not less than twelve (12) calendar months after effec-tive date. The city council ap-proval of subscriber rates shall not be unreasonably withheld. Section 8. APPROVAL OF TRANSFER. The grantee shall not sell or transfer its plant or system to another nor transfer any rights under this franchise to another without prior written approval of the Pleasant Grove City Council and provided, that no sale or transfer shall be effective until the vendee, assignee or lessee has filed in the office of the city recorder an instrument, duly executed, reciting the fact of such sale, assignment or lease, accepting the terms of the fran-chise, and agreeing to perform all the conditions thereof. Section 9. COMMENCEMENT OF CONSTRUCTION. The grantee will proceed to submit the system for approval by the Federal Communications Commission-.withi- thirty (30) days after the approval by the city of the system lay-o- plans, and within ninety (90) days after receipt of a Certificate of Com-pliance from the Federal Com-munications Commissions and after all licenses, permits and other authority requisite for the operation of microwave facilities is obtained and pole line agreements and all other necessary legal requirements for The right is hereby reserved to the city to adopt, in addition to the provisions herein contained and existing applicable ordinan-ces, such additional regulations as it shall find necessary in the exercise of the police power, provided that such regulations, by ordinance or otherwise, shall be reasonable, and not in conflict with the rights herein granted, and shall not be in conflict with the laws of the State of Utah. Further, it shall be the policy of the city to liberally amend this franchise, upon application of the grantee, when necessary to enable the grantee to take ad-vantage of any developments in the field of transmission of television and radio signals or other electronic impulses for communications or other elec-tronic services which will afford it an opportunity to more effec-tively, efficiently, or economically serve its sub-scribers. However, this shall not in any way be construed to require the city to make any such amendment. Section 15. FORFEITURE. Any violation by the grantee, its vendee, lessee or successor, of the provisions of this franchise, or any material portions thereof, or the failure to promptly per-form any of the provisions thereof, shall be cause for for-feiture of this franchise and all rights hereunder to the city, af-ter written notice to the grantee and continuation of such violation, failure or default, sixty 460) days after such notice.. Upon termination, grantee to remove its installation at its expense. Section 16. BINDING ON ASSIGNS. The right granted by this fran-chise ordinance shall be binding upon and inure to the benefit of the heirs, assigns, grantees and successors in interest of the par-ties. Section 17. SEVERABILITY. If any section, subsection, sen- - fect on its passage and publication. This ordinance, immediately upon its passage shall be ap-proved and authenticated by the city mayor, attested by the city recorder, under the corporate seal of the city, and the same shall be published in one issue of the Pleasant GroVe Review, a newspaper published within Pleasant Grove City, and shall be recorded in the ordinance book of Pleasant Grove City, together with the proof of publication thereof. Passed by the City Council of Pleasant Grove City, this 4th day of October, 1977. W. CORNELL HAYNIE, ATTEST: Mayor MARK H. JOHNSON, City Recorder STATE OF UTAH ) County of Utah ) ss. 1, Mark Johnson, City Recor-der of Pleasant Grove City, Utah County, Utah, do hereby certify that the above and foregoing is a full, true and correct copy of an ordinance passed by the City Council of Pleasant Grove City, Utah County, Utah, on the 4th day of October, 1977, entitled: "An ordinance granting to BFM Constructors, Incorporated, a corporation, its successors and assigns, the right and privilege to construct, erect, operate and maintain over and under the streets, alleys and public ways of the city, wires, cables and un-derground conduits, and to con-duct and "operate"a cable television system business in the city." In witness whereof, I have hereunto set my hand and af-fixed the corporate seal of Pleasant Grove City, Utah Coun-ty, Utah, this 4th day of Oc-tober, 1977. MARK JOHNSON, (SEAL) City Recorder Published in the Pleasant Grove Review November 10, 1977. dance with local subdivision regulations. 7. Temporary removal of wire for building moving: The grantee shall, on the request of any per-son holding a building moving permit issued by the city, tem-porarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the grantee shall have the authority to require such payment in advance. The grantee shall be given not less than seventy-tw- o (72) hours advance to arrange for such temporary wire changes. 8. Tree Trimming: The grantee shall have the authority to trim trees upon and overhanging over streets, alleys, sidewalks and public places of the city so as to prevent the branches of such trees from coming in contact with the wires and cables of the grantee, all trimming to be done under the supervision and direc-tion of the city and at the expen-se and liability of the grantee. Section 3. INDEMNITY AND LIABILITY COVERAGE It is expressly understood and agreed by and between the gran-tee and the city that the grantee shall hold the city harmless from all loss sustained by the city on account of any suit, judgment, execution, claim or demand whatsoever, resulting from negligence on the part of the grantee in the construction, operation or maintenance of its system in the city. The city shall notify the grantee's represen-tative in the city within thirty (30) days after the presentation of any claim or demand, either by suit or otherwise, made against the city on account of any negligence as aforesaid on the part of the grantee. The grantee agrees to maintain and keep in full force and effect at all times during the term of this franchise ordinance sufficient liability insurance coverage to protect the city against any claims, suits, judgments, executions or demands in a sum not less than one hundred thousand dollars ($100,000,001 per person in any one claim for personal injury to any one per-son and not less than three hun-dred thousand dollars ($300,000.00) as to all claims arising from any one accident. The amounts for property damage shall be not less than fif- - the time of franchise renewal, whichever occurs first. If there are any conflicts between the provisions of this Ordinance and the provisions of any other or-dinances of Pleasant Grove City, provisions of this Ordinance shall prevail. Section 5. USE OF SYSTEM BY CITY. The City shall have the right, without cost during the life of this franchise to make, install and maintain attachments to poles owned andor used by the grantee, subject to approval of the ' appropriate utility com-panies, and also to use the cables of the grantee within the city for city wires used by the city in Connection with its fire alarm or police signal and surveillance systems, such attachments to be installed and maintained in ac-cordance with the requirements of the National Electrical Safety Code pertaining to such con-struction, and only after written notice to the grantee; provided, however, that the grantee shall assume no liability nor be put to any additional expense in con-nection therewith, and provided further that the city's use there-of shall be in such manner as not to interfere with the grantee's use of the same, and for a reasonable fee to be agreed upon in advance of such use of utilities. In further consideration of the franchise, the grantee will furnish without installation charge or monthly service fee, connections to all public schools in the corporate limits of the city, to the Pleasant Grove City Building, and such other public and quasi-publi- c facilities as may from time to time be mutually agreed upon by the city and grantee. In addition, the city shall have right to the use of one dedicated channel for its municipal and civic purposes and may join with the public school system, univer-sities, other municipalities or public entities, and other agen-cies to produce and broadcast appropriate program materials. All costs for acquisition and maintenance of equipment required to conduct such programming and broadcasting shall be the responsibility of agencies other than the grantee. The City may also add to its broadcasting capability without cost to the grantee such other innovative technological advan-cements as may become practical t Utaj; , asm. What j I; to you? Good neighbors make go. toiirists. Mountainland is a particularly popular region for vacation travel by Utah residents. Our forests, lakes, mountains, fishing areas, and other attractions appeal greatly to fellow Utahns. In 1975, those Utah travelers spent $11 million in our own region. So, it pays to encourage friends in neighboring areas of the state to visit Mountainland. In turn, try to visit another part of the state when you vacation or tour. There really is much to do and see right here in Utah. This year, tell the visitors you meet about everything Utah has to offer. Invite them to stay an extra day. It'll pay! Statistical sojrea inmtute Cor th Study or Outdoor RacrsaUon and Tourism Utari Siata Umwuty (A public service message of this newspaper and the Utah Travel CoundU ft d 7, s w o a sGiiopSiffiSeir? g Unthinkable, isn't it? Yet studies m show that even the best children can LJ rTl be pressured or taunted by their ITl "friends" into an act that, at the LJ time, just doesn't seem so bad. What can you do about it? You can teach pji your children the principles of LJ pi honesty at home. You can help them HI ZZ choose the right kinds of friends. ZZ j And you can tell them the sober LJ truth that shoplifting doesn't pay... you do. LJ on |