ORDINANCE NO. 364

AN ORDINANCE OF THE CITY OF GAS, KANSAS, GRANTING A LICENSE TO GENERAL COMUNICATIONS, INC. TO OPERATE AND MAINTAIN A COMMUNITY ANTENNA TELEVISION SYSTEM IN SAID CITY, UPON PERFORMANCE AND COMPLIANCE WITH CERTAIN CONDITIONS, PROVIDING FOR THE REGULATION AND USE OF SAID SYSTEM BY THE CITY AND FOR PAYMENT TO THE CITY BASED ON THE GROSS RECEIPTS OF THE LICENSE, AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS.

BE IT ORDAINED by the City Council of the City of Gas, Kansas:

 

SECTION ONE

TITLE:      This ordinance shall be known, and may be cited as "The Community Antenna Television Ordinance of the City of Gas, Kansas."

 

SECTION TWO

DEFINITIONS:     For the purposes of this ordinance, the following terms, phrases, words, and their derivations shall have the meanings given herein. Where not inconsistent with the con­ text, words used in the present tense include the future, words used in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

(1)   "City" is the City of Gas, Kansas, a municipal corporation which, territorially, shall include all territory within the corporate limits of the City as such limits now exist or may from time to time be extended or retracted.

(2)   "City Council" of the City of Gas, Kansas.

(3)   "Company" is the grantee of the rights under the license granted by this ordinance.

(4)   "Person" is any person, firm partnership, association, etc.

(5)   "Gross Revenue" as the term is used herein includes the receipts and revenue from all installations of service facilities to the applicant's customers and all service charges made by the applicant.

(6)   "Gross Annual Basic Subscriber Revenues" shall mean any and all compensation and other consideration derived directly by the Company from subscribers for regularly furnished basic CATV service. Gross annual basic subscriber revenue shall not include revenues derived from per-program or per-channel charges, leased channel revenues, advertising revenues or any taxes on services furnished by the Company imposed directly on any subscriber or user by any city, state or other governmental unit and collected by the Company for such governmental unit.

 

SECTION THREE

GRANT OF AUTHORITY:           There is hereby granted by the City to the Company the right, privilege and license to construct, operate and maintain a community antenna television system for the reception and amplification of the signals transmitting programs broadcast by one or more television or radio stations, and the redistribution of such signals by wire or cable to subscribing members of the public for a fee, for a period of fifteen (15) years from and after the effective date hereof.

The right to construct, operate and maintain a community antenna television system and 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 right and use to any person at any time during the period of this license.

 

SECTION FOUR

CONSTRUCTION OF COMPANY FACILITIES; USE OF EXISTING FACILITIES OF OTHERS: The Company shall have, and is hereby granted, the right to place cable, booster equipment and other equipment necessary or convenient for the transmission of television signals by cable, upon the poles now or hereafter erected in street areas and public utility easements which belong to, or, are used by the Southwestern Bell Telephone Company, its successors and assigns, and the electric utility company , its successors and assigns, pursuant to the terms and conditions of agreements with said utilities, which shall be a part of this license ordinance by reference as fully and completely as if the same were set out herein in its entirety.

The construction, maintenance and use of the Company's community antenna television system shall comply with the standards of materials and engineering and all other provisions of that certain agreement entered into by and between the Company and the above named utilities and corporations, or their successors and assigns, which agreement is made a part hereof and to the provisions of the National Electric Safety Code and the National Electrical Code. In the event the Company cannot obtain the necessary poles and allied facilities pursuant to the provisions of said agreement, and only in such event, then it shall be lawful for the Company to make all needed excavations in any of the streets, alleys or public highways for the purpose of placing, laying, maintaining, repairing and removing pipes, conduits, cables and conductors needed for the maintenance or extension of the system of the Company.              This provision shall not exempt the Company from a compliance with all charter and ordinance provisions relating to such excavations or construction or from any provisions requiring payment of permit or license fees pertaining thereto, and all such work shall be performed under the supervision, and in a manner satisfactory to, the Superintendent of Southwestern Bell. The Company shall not set any poles in the public ways of the City without the prior permission of the City Council, and if said permission is requested and granted, all poles of the Company shall be erected between the curb and the sidewalk along all public streets and ways unless otherwise designated by the Superintendent of Southwestern Bell of the City and each pole shall be set, when­ ever practicable, at an extension of a lot line. The City shall have the right to require the Company to change the location of any pole, conduit, structure or facility within the street area, when, in the opinion of the Superintendent of the Southwestern Bell Telephone Company, the public convenience requires such change, and the expense thereof shall be paid by the Company. All piped, conduit, and underground facilities shall be laid down and maintained, in such manner as not to interfere with the sewers of the City or any other pipes, wires or conduits that may have been laid theretofore in the streets, alleys or highways of the City by any public utility engaged in business in the City under authority of the City, and the system of pipes, wires and conduits constructed or erected by the Company shall be of good quality and workmanship and shall be maintained in good repair and efficiency, all in accordance with the standards established and supervised by the Southwestern Bell Telephone Company, the Company agrees to cause the Company's facilities to be so constructed underground also, at the time facilities are placed underground by the City and will share in the cost of the Excavation as agreed upon by prior arrangements.

 

SECTION FIVE

COMPLIANCE WITH APPLICABLE LAWS AND ORDINANCES:              The Company shall, at all times during the life of this license, be subject to all lawful exercise of police power by the City, and to such reasonable regulation as the City has heretofore or shall hereafter by resolution or ordinance provide.

 

SECTION SIX

CONTROL OF ELECTRIC CURRENT FACILITIES:        The Company shall provide and put in use such equipment and appliances as shall control and effectually carry all electric currents and television signal impulses in· a manner ·so as to prevent injury to the wires, pipes, structures and property belonging to the City or any person, firm or corporation within said City, and the Company, at its own expense, shall so repair, renew, change and improve said facilities and appliances from time to time, as may be necessary to accomplish said purpose.

 

SECTION SEVEN

STREET VACATION OR ABANDONMENT; REMOVAL OF FACILITIES:

In the event any street, alley, public highway or utility easement or any portion thereof, used by the Company shall be vacated by the City or the use thereof be discontinued by the Company, during the term of this license, the Company shall forthwith remove its facilities therefrom unless specifically permitted to continue the same, and upon the removal thereof, restore, repair or reconstruct the street area where such removal has occurred in such condition as may be required by the City Council.

 

SECTION EIGHT

TEMPORARY REMOVAL OF FACILITIES:         In the event it is necessary to temporarily move or remove any of the Company's wires, cables, poles or other facilities placed pursuant to this license, in order lawfully to move a large object, vehicle, building or other structure over the streets, alleys or highways of the City, the Company, upon reasonable notice, shall move at the expense of the person requesting temporary removal of such of its facilities as may be required to facilitate such movements.

 

SECTION NINE

COMPANY LIABILITY; INDEMNIFICATION:    The Company shall indemnify and save the City and its agents and employees harmless from all and any claims for personal injuries or property damages or damages for copyright infringements, and any other claims and costs, including attorney fees, expenses of investigation and litigation of claims and suits thereon which may arise from the installation and-or operation of Company' s television antenna system or any equipment of the Company. In case suit shall be filed against the City, either independently or jointly with said Company, to recover for any said claim or damages, said Company, upon notice of it by said City, shall defend said City, its agents and employees, against said action, and, in the event of a final judgment being obtained against the said City, either independently or jointly with said Company, the said Company will pay said judgment and all costs and hold the City harmless therefrom. For this purpose, Company shall carry and at all times maintain on file with the City Clerk and at all times keep in force, a certificate of insurance relating to a public liability policy or policies in the name of the Company insuring Company and, the City against any and all liability arising from the installation and-or operation of said system, which policy or policies shall be approved by the City Council.

 

SECTION TEN

CHANNEL SELECTION:  The selection of channels to be made available to subscribers of the Company's service under this license shall be the responsibility of the Company.

 

SECTION ELEVEN

RATES:    The Company may charge as a maximum the following rates for single family residential subscribers.

Monthly charge initial set $6.75

Monthly charge, all additional sets $1.00

Installation charge initial set $10.00 Installation charge all other outlets with no change in the rate $10.00

Relocation of an outlet $5.00 Reconnection of an outlet $5.00

Charge for moving within cable area $5.00

 

SECTION TWELVE

SERVICE CONTRACTS:  The Company shall comply with all applicable rules and regulations of the Federal Communications Commission. The Company shall not engage directly or indirectly in the sale or service of television sets, accessories or related equipment, other than the servicing of equipment owned by the Company as a part of its transmission system.

 

SECTION THIRTEEN

LICENSE FEE:      The Company shall pay to the City for the privilege of operating a Community antenna television system under this license a sum equivalent to 2 percent of the annual gross operating revenues taken in and received by it on all rental sales of its service within the City. In the event Company exceeds 600 subscribers Company shall pay 3 percent. Such payment shall be made annually during the term of the License, the first payment shall be due within thirty (30) days of the end of the calendar year, and subsequent payments shall be made at the same time in succeeding years. Concurrently with the payment of the permit or license fee each year, the Company shall file with the City Clerk a verified statement listing its total gross revenues for the preceding license year, and such statement listing its total gross revenues for the preceding license year, and such statement shall be audited by a reputable certified public accountant.

 

SECTION FOURTEEN

FORFEITURE:      In the event that the Company violates any of the provisions of this license, the City shall give notice to Company of such violation, and if such violation is not corrected within thirty         (30) days of the receipt of said notice, then the City may declare a forfeiture of this license and revoke same, and if such forfeiture is declared, the Company shall remove all facilities in the City built and operated pursuant to this license.

 

SECTION FIFTEEN

WRITTEN ACCEPTANCE:           The Company shall within ten (10) days after this ordinance becomes effective, file in the office of the Clerk of the City a written acceptance of this ordinance in form approved by the City Attorney. Failure on the part of the Company to file such written acceptance within such time shall be deemed an abandonment and rejection of the rights and privileges conferred hereby, and this ordinance shall thereupon be null and void. Said acceptance shall be unqualified and shall be construed to be an acceptance of all the terms, conditions and restrictions contained in this ordinance.

 

SECTION SIXTEEN

LOCAL OFFICE COMPLAINTS:  The Company shall maintain a local business office, or agent, which subscribers may telephone during regular business hours without incurring added message or toll charges, so that CATV maintenance service shall be promptly available. Should a subscriber have an unresolved complaint regarding the quality of cable television service, equipment malfunction, or similar matters, the subscriber shall be entitled to file his complaint with the City Clerk, who has primary responsibility for the continuing administration of the franchise and the procedures for resolving complaints, and thereafter to meet jointly with a representative of the Company within thirty (30) days to fully discuss and resolve such matters. The Company shall notify each subscriber, at the time of initial subscription to the service of the Company, of the procedures for reporting and resolving such complaints.

 

SECTION SEVENTEEN

FEDERAL REGULATION:           Any lawful modification resulting from amendment of Section 76.31 ("Franchise Standards'') of the Rules and Regulations of the Federal Communications Commission shall be incorporated 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 the time of franchise renewal, whichever occurs first.

 

SECTION EIGHTEEN

EFFECTIVE DATE:          The effective date of this license shall be as of the date of passage and approval of this ordinance.

(06-26-1981)

 

ORDINANCE NO. 365

AN ORDINANCE OF THE CITY OF GAS, KANSAS, AMENDING ORDINANCE NO. 364, WHICH GRANTED A LICENSE TO GENERAL COMMUNICATIONS, INC. TO OPERATE AND MAINTAIN A COMMUNITY ANTENNA TELEVISION SYSTEM, BY REPEALING SECTION ELEVEN OF ORDINANCE NO. 364 AND ENACTING IN LIEU THEREOF A NEW SECTION ELEVEN ESTABLISHING MAXIMUM RATES FOR SINGLE FAMILY RESIDENTIAL SUBSCRIBERS.

WHEREAS, Ordinance No. 364 was enacted on June 26, 1981 in order to grant a franchise for the operation and maintenance of a community antenna television system in the City of Gas, Kansas, pursuant to K.S.A. 12-2006 to K.S.A. 12-2014, inclusive; and

WHEREAS, Ordinance No. 364 erroneously established maximum rates for single family residential subscribers lower than rates previously set by this body in Ordinance No. 316 and Ordinance No. 331; and

WHEREAS, this body, in enacting Ordinance No. 364 did not intend to reduce the maximum rates in effect on June 26 , 1981 when Ordinance No. 364 was enacted;

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF GAS, KANSAS:

Section 1.  Section Eleven of Ordinance No. 364 is repealed and one new Section is enacted in lieu thereof, to be known as Section Eleven, to read as follows:

 

SECTION ELEVEN

RATES:  The Company may charge as a maximum the following rates for single family residential subscribers.

Monthly charge initial outlet $8.00

Monthly charge, each additional outlet, $1.50

Installation charge initial outlet $10.00 Installation charge all other outlets with no change in the rate $10.00

Relocation of an outlet $5.00

Charge for moving within cable area $5.00

Section 2.  This Ordinance shall take effect and be in force from and after passage and publication in the official City newspaper.

(07-07-1981)