Georgetown Idaho

ORDINANCE NO. 49

AN ORDINANCE, NO. 49, OF THE CITY OF GEORGETOWN, ID, GRANTING TO PREMIERE CABLE II, LTD INDEPENDENT CALBE SYSTEMS OF IDAHO, A LICENSE TO CONSTRUCT,OPERATE AND MAINTAIN A CABLE SUBSCRIBER SYSTEM FOR THE DISTRIBUTION OF TELECOMMUNICATION SIGNALS INCLUDING TELEVISION AND AUDIO SERVICES, INTERNET SERVICE THROUGHOUT THE CITY OF GEORGETOWN; AND PROVIDING FOR SUCH LICENSEE TO RUN SUCH LINES OVER, THROUGH UNDER AND ACROSS THE STREETS, ALLEYS AND SIDEWALKS, AND RIGHTS OF WAY OF THE CITY OF GEORGETOWN; AND PROVIDING FOR THE APPROVAL OF SUCH INSTALLATION BY THE CITY ENGINEER OF GEORGETOWN, AND PROVIDING FOR THE REPAIR, REPLACEMENT, AND RESTORATION OF ANY AND ALL PROPERTY DISTURBED OR REMOVED IN THE MAKING OF SUCH INSTALLATION; AND PROVIDING LIMITATIONS UPON THE RIGHTS GRANTED TO USE SAID STREETS, ALLEYS, AVENUES, THOROUGHFARES AND PUBLIC HIGHWAYS WITHIN THE CITY OF GEORGETOWN; AND PROVIDING FOR CONSIDERATION TO THE CITY; AND PROVIDING FOR LIABILITY INSURANCE, THE OBLIGATION OF WHICH IS TO HOLD THE CITY OF GEORGETOWN FREE AND HARMLESS FROM ANY DAMAGES THAT MAY BE SUSTAINED BY REASON OF THE INSTALLATION, ERECTION, MAINTENANCE OR OPERATION OF SAID SYSTEM; AND PROVIDING THE RIGHT FOR THE LICENSEE TO CHARGE AND COLLECT REASONABLE COMPENSATION FROM ALL PERSONS RECEIVING TELECOMMUNICATION SERVICE; AND PROVIDING FOR A RENEWAL OF SAID LICENSE UPON THE EXPIRATION OF SAID LICENSE HEREIN GRANTED; AND PROVIDING FOR AN EFFECTIVE DATE.

BE IT ORDAINED by the Mayor and City Council of the City of Georgetown, ID, to grant said license Premiere Cable II, Ltd. INDEPENDENT CABLE SYSTEMS OF IDAHO as follows:

Section 1: The City of Georgetown, hereinafter referred to as “CITY”, hereby grants to Premier Cable II, LID. INDEPENDENT CABLE SYSTEMS OF IDAHO, hereinafter  referred to as “LICENSEE”, under the conditions and limitations prescribed, the right, privilege and authority by license to install, lay, maintain and operate in, over, upon and under the streets, alleys and public highways (hereinafter referred to as “STREETS”) of the City of Georgetown, underground pipes, conduits, and cables, with the necessary manholes and other appliances therefor, and to erect poles, with or without cross-arms, and stretch wires and cables on all the same for the purposes of erecting and operating a cable subscription  system for telecommunication distribution, including television and audio  internet distribution, and allied or associated uses to subscribers’ homes, and to such businesses and public establishments as may also desire this service; whenever it is practicable to make use of the poles, in conformity with such arrangements as may be made with the local pole line service utilities, provided, however, that all work and construction hereby authorized shall be performed in a workmanlike manner and shall conform with the requirements of the National  Electric Safety Code, the laws of the State of Idaho, and the Ordinances of the City of Georgetown; provided, further, that before any new poles, wires, cables, antennae, or other appliances be constructed or installed under the license, the Licensee shall file with the City Clerk or other designated official of the City of Georgetown, plans showing the location of such construction, and that said plans must receive the approval of the City Engineer or other such designated official, prior to any location or construction work. Such construction or shall be done, if possible, so as not to obstruct or prevent the free use of said Streets.

Section 2: The licensee shall have the right and privilege to make all needful excavations in any of such Streets in the City for the purposes of erecting, laying and maintaining poles or other supports or conduits for said wires, or repairing, renewing or replacing same. Said work shall be done in compliance with the reasonable and necessary rules, regulations, ordinances or orders, which may, during the continuance of this license, be adopted from time to time by the City or the City Engineer.

Section 3: Whenever the Licensee shall disturb any of the Streets for the purposes aforesaid, it shall restore the same to good order and condition as soon as practicable without unnecessary delay, and failing to do so, the City shall have the right to fix a reasonable time within which such repairs and restorations of Streets shall be completed, and upon failure of such repairs being made by said Licensee, the City shall cause such repairs to be made at the expense of the Licensee.

Section 4: Nothing in this ordinance shall be construed in any way to prevent the proper authorities of the City from sewering, grading, planking, rocking, paving, repairing, altering, or improving any of the Streets within the City in or upon which the poles, wires or other conductors of said Licensee shall be placed, but all such work or improvement shall be done, if possible so as not to obstruct or prevent the free use of said poles, wires, conductors, conduits, pipes, or other apparatus. Where tree trimming is necessary on public streets or places for the operations of the lines, wires, cables and antennae or other appurtenances of the Licensee, such trimming shall be done by competent employees, agents or contractors of the Licensee after application for and granting of a written permit of the City Engineer or such other person or officer as the Mayor and City Council may from time to time designate, and it shall be done without cost or expense to the City.

Section 5: The Grantee shall pay to the city the sum of $100.00 per year during the life of this franchise as a franchise fee.

Section 6: Licensee shall provide no fewer than twelve (12) channels in its lowest level of service described as basic service.

Section 7: The rights, privileges and authority by the licensee herein granted shall expire on the 31st day of December of the tenth (10) year after issuance thereof.

Section 8: Licensee shall indemnify and save the City free and harmless from any and all liability, loss, cost, damage or expense from accident or damage, either to itself or to persons or property of other which may occur by reason of the exercise of the rights and privileges herein granted; and shall for the purpose of carrying out the provisions of this section, and prior to commencing construction of any kind, have in full force and effect, and file evidence thereof with the City Clerk a good and sufficient policy (or policies) covering one hundred thousand dollars ($100,000) personal injury each person, three hundred thousand dollars ($300,000) personal injury each accident, and one hundred thousand dollars ($100,000) property damage with said policy or policies to be executed by an insurance company or companies authorized and qualified to do business in the State of Idaho and conditioned to indemnify and save harmless the City from and against any and all claims, actions, suits, liability loss, cost, expense or damage of any kind or reason of the erection, construction, reconstruction, relocation, replacement, readjustment, repair, maintenance, or operation of the telecommunication system and appurtenances thereto, or by reason of anything that has been done or may be done by the Licensee hereunder which may in anywise cause liability by reason thereof.

Section 9: Said Licensee shall have the right to charge and collect reasonable compensation from all persons and corporations to whom telecommunication and internet service (including installation and connection work) shall be furnished subject to the rules and regulations of legally constituted regulatory bodies of the City, State or Federal governments.

Section 10: Provided that the Licensee herein has fully and completely complied with all of the terms and conditions of this ordinance, the rights and privileges herein granted to the Licensee shall, at the option of the City, be renewable for a ten (10) year period and subject to the same, or to revised conditions as contained in this ordinance. Renewal of said license will not be unreasonably withheld by the City.

Section 11: The rights and privileges herein granted shall not be deemed exclusive, nor shall the Licensee herein assign, transfer, mortgage or encumber said rights or privileges without the consent of the Mayor and City Council of the City given by ordinance. Transfer of said license will not be unreasonably denied.

Section 12: In further consideration of the rights, privileges and franchise hereby granted by the City to the Licensee, said Licensee gives and grants to the City free television service for one (1) television set for the use of the City within its corporate limits, such television service to be furnished by the Licensee at such location, within one hundred (100) feet of any cable installed by the Licensee, and operated hereunder, within the corporate limits of the City, as the Council may designate.

Section 13: The Licensee shall furnish, except as hindered or prevented by strikes of employees, or by damage caused by fire or other casualty, acts of God, acts of any governmental agency, acts of the public, or weather conditions, an adequate and efficient cable subscription service for television and internet service distribution to all its patrons for the full period during each day that said television and internet service  signals are reasonably available to the Licensee for such purposes at the site of the antenna. Adequate and efficient distribution and service used herein shall include reasonable complete and uniform service throughout the City; provided however, that the Licensee shall not be required to service any area which, due to location or number of inhabitants, makes the servicing thereof economically impracticable. Good and efficient service hereunder shall include good and efficient picture and sound in showing and presenting television pictures and signals hereunder, and the  providing by the Licensee of television pictures and signals and sound from all reasonable outlets therefor from all television station channels reasonably available at the headend television receive site as permitted or required by the F.C.C. or other regulatory bodies. The Licensee shall maintain a twenty-four (24) hour toll free number for the purposes of customer service including, but not limited to, ordering, billing questions, service inquiries, complaints and the ordinance thereof.

Section 14: Permission is hereby granted for the reasonable solicitation, for the purpose of seeking subscriptions to such cable TV and internet service system mentioned herein, of persons, residences, firms or businesses within the City, subject to such reasonable rules and regulations, including hours of solicitation or contact, as prescribed by the City; reserving to the City Council, in the event of its determination, after hearing, that this privilege has been in any way abused to the rules or regulations violated, the right to deny or limit such right of solicitation.

Section 15: Should the Licensee violate any of the privileges of this ordinance or fail to comply with any of the requirements hereof, the City Council may revoke the rights, privileges and franchise hereby granted after a hearing before the City Council, upon reasonable notice given to the Licensee.

Section 16: Should any section or part of section of this ordinance be held unconstitutional or invalid, by final judgment of any Court, or by decision of an Commission or other lawful body of the State of Idaho or of the United States having jurisdiction, or by final judgment of the Court upon appeal from a decision of any such commission or other body, it shall not impair or render invalid any other section or part section not so held or decided to by invalid or unconstitutional.

Section 17: This ordinance, before going into effect or being required to be published, shall be accepted by the Licensee, and the Licensee shall have forty-five (45) days from the date of its approval in which to accept the same, and this ordinance shall take effect and be in force immediately after its passage, approval, acceptance and publication.

Section 18: Any and all ordinances, ordinances, or parts of ordinances or ordinances in conflict with this ordinance are hereby repealed.

PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR THIS 5TH DAY OF March, 1996.

Joseph W. Declark Mayor
Georgetown, ID

ATTEST:
Sharon L. Wilcox, City Clerk
Georgetown, ID

The foregoing ordinance and License, and all the provisions thereof, are agreed  to, approved and fully accepted this ___ day of ________, 19__.

Premiere Cable II, LTD.

**See Ordinance #74 passed and approved 8 April 2009**