[CC 1992 §620.010; Ord. No. 193 §1, 1-17-1972]
For the purposes of this Chapter, the following terms, phrases, words, abbreviations, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number.
BOARD
Shall be used interchangeably with the term Board of Aldermen which is the present Governing Body of the City or any future board constituting the legislative body of the City.
CATV
A community antenna television system as hereinafter defined.
CITY
The City of Concordia, a municipal corporation of the State of Missouri, in its presented incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.
COMMUNITY ANTENNA TELEVISION SYSTEM
A system of antenna, coaxial cables, wires, wave guides, or other conductors, equipment or facilities designed, constructed or used for the purpose of providing wide band communications service including, but not limited, to television or FM radio service by cable or through its facilities as herein contemplated.
FRANCHISE
Any authorization granted hereunder in terms of a franchise, privilege, permit, license or otherwise to construct, operate and maintain a CATV system in the City. Any such authorization, in whatever term granted, shall not mean and include any license or permit required for the privilege of transacting and carrying on a business within the City.
GRANTEE
The person, firm or corporation to whom or which a franchise, as hereinabove defined, is granted by the Board under this Chapter and the lawful successor, transferee or assignee of said person, firm or corporation.
PROPERTY OF GRANTEE
All property owned, installed or used by a grantee in the conduct of a CATV business in the City under the authority of a franchise granted pursuant to this Chapter.
STREET
The surface of and the space above and below any public street, road, highway, freeway, lane, path, alley, court, sidewalk, parkway or drive now or hereafter existing as such within the City.
SUBSCRIBER
Any person or entity receiving for any purpose the CATV service of a grantee.
[CC 1992 §620.020; Ord. No. 193 §2, 1-17-1972]
An exclusive contract to construct, operate and maintain a CATV system within all or any portion of the City may be granted by the Board to any person, firm or corporation, whether operating under an existing franchise or not, who or which offers to furnish and provide such system under and pursuant to the terms and provisions of this Chapter.
[CC 1992 §620.030; Ord. No. 193 §3, 1-17-1972]
A. 
Any franchise granted pursuant to the provisions of this Chapter shall authorize and permit the grantee to engage in the business of operating and providing a CATV system in the City and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain and retain in, on, over, under, upon, across and along any public street such poles, wires, cable, conductors, ducts, conduit, vaults, manholes, amplifiers, appliances, attachments and other property as may be necessary and appurtenant to the CATV system; and in addition, so to use, operate and provide similar facilities or properties rented or leased from other persons, firms or corporation including, but not limited to, any public utility or other grantee franchised or permitted to do business in the City. Grantee expressly agrees to repair and return to original condition any damage to streets incurred in the construction or maintenance of the CATV system and such repairs shall be approved by the Board's Committee on Sewers, Streets and Utilities or the City Engineer as their designated representative.
B. 
The grantee may make a charge to subscribers for installation or connection to its CATV system and a fixed monthly charge as filed and approved as herein provided. No increase in the rates and charges to subscribers, as set forth in the schedule filed and approved with grantee's application, may be made without the prior approval of the Board expressed by resolution.
[CC 1992 §620.040; Ord. No. 193 §4, 1-17-1972]
A. 
No franchise granted by the Board under this Chapter shall be for a term longer than nineteen (19) years eleven (11) months following the date of acceptance of such franchise by the grantee or the renewal thereof.
B. 
Any such franchise granted hereunder may be terminated prior to its date of expiration on thirty (30) days' written notice by the City, when:
1. 
The grantee has failed to comply with any provision of this Chapter or has, by act or omission, violated any term or condition of any franchise or permit issued hereunder; or
2. 
Any provision of this Chapter shall become invalid, unenforceable or impaired because of City, State or Federal Government regulations.
[CC 1992 §620.050; Ord. No. 193 §5, 1-17-1972]
A. 
The grantee operating a CATV franchise under this Chapter shall pay to the City of Concordia, during the life of such franchise, a sum equal to two percent (2%) of the gross annual receipts after the first (1st) year of operation within the community. However, the percentage of gross annual receipts shall be subject to review and adjustment on a mutually satisfactory basis after five (5) years from the date of the franchise. "Gross annual receipts" shall mean compensation and other consideration received, by grantee, from subscriber or users in payment for television or FM radio signals or service received within the City, except installation charges, deposits or sales taxes, if any, shall be excluded from this definition.
B. 
The City shall have the right to inspect the grantee's records showing the gross annual receipts from which its franchise payments are computed and the right of audit and recomputation of any and all amounts paid under this Chapter.
[CC 1992 §620.060; Ord. No. 193 §6, 1-17-1972]
A. 
Any poles, wires, cable lines, conduits or other properties of the grantee to be constructed or installed in streets shall be so constructed or installed only at such locations and in such manner as shall be approved by the Board's Committee on Sewers, Streets and Utilities or the City Engineer as their designated representative acting in the exercise of reasonable discretion.
B. 
The grantee shall not install or erect any facilities or apparatus in or on other public property, place or rights-of-way or within any privately owned area within the City which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision map approved by the City, except those installed or erected upon public utility facilities now existing, without obtaining the prior written approval of the Board's Committee on Sewers, Streets and Utilities or the City Engineer as their designated representative.
[CC 1992 §620.070; Ord. No. 193 §7, 1-17-1972]
A. 
The grantee shall, concurrently with the filing of an acceptance of award of any franchise granted under this Chapter, furnish to the City and file with the City Clerk and at all times during the existence of any franchise granted hereunder, maintain in full force and effect, at its own cost and expense, a liability insurance policy in the amount of one hundred thousand dollars ($100,000.00) in a company approved by the Board indemnifying and saving harmless the City, its officers and employees from and against any and all claims, demands, actions, suits and proceedings by others, against all liability to others including, but not limited to, any liability for damages by reason of or arising out of any failure by the grantee to secure consents from the owners, authorized distributors or licensees of programs to be delivered by the grantee's CATV system, and against any loss, cost, expense and damages resulting therefrom, including reasonable attorney's fees, arising out of the exercise or enjoyment of its franchise, irrespective of the amount of the comprehensive liability insurance policy required hereunder.
B. 
The policies mentioned in Subsection (A) shall name the City, its officers, boards, commissions, agents and employees as additional insured and shall contain a provision that a written notice of cancellation or reduction in coverage of said policy shall be delivered to the City ten (10) days in advance of the effective date thereof; if such insurance is provided by a policy which also covers grantee or any other entity or person other than those above named, then such policy shall contain the standard cross-liability endorsement.
[CC 1992 §620.080; Ord. No. 193 §8, 1-17-1972]
The CATV system shall be installed and maintained in accordance with the highest and best accepted standards of the industry to the effect that subscribers shall receive the highest possible service.
[CC 1992 §620.100; Ord. No. 193 §10, 1-17-1972]
Any franchise granted under this Chapter is renewable in the same manner and upon conditions as required herein for obtaining the original franchise.
[CC 1992 §620.110; Ord. No. 193 §11, 1-17-1972]
A. 
The grantee has proposed to obtain franchise and build a CATV network serving Carrollton, Lexington, Odessa and Richmond and grantee agrees to diligently seek to obtain the franchise within these particular communities. Upon obtaining the last of these four (4) franchises, the grantee agrees to file an application with the FCC within ninety (90) days of the date; however, if any of these communities subsequently award the franchise to a party other than the grantee, the grantee may within thirty (30) days after the award of that franchise, notify the Board of Aldermen of its intention to pursue the other franchises even though one (1) or more of the franchises cannot be included in the proposed network. In any event, the Board shall have the right to declare any franchise granted under this Chapter to be null and void if grantee has not filed an application with the FCC within two (2) years of the date of the franchise or if the system is not operational within the period of five (5) years of the date of the franchise.
B. 
Grantee further agrees to begin construction of the system within six (6) months of approval by the FCC and other governmental agencies.
[CC 1992 §620.120; Ord. No. 193 §12, 1-17-1972]
If any town mentioned in Section 620.110 granted unto the grantee a franchise which requires payment of a franchise fee in excess of two percent (2%) granted in Section 620.020 of this Chapter, the franchise fee due under this Chapter shall automatically escalate to the amount contained in that franchise.
[CC 1992 §620.130; Ord. No. 193 §13, 1-17-1972]
The Board of Aldermen must approve the terms and assignees or transferees if the original grantee desires to assign or transfer any franchise granted under this Chapter. Furthermore, the Board of Aldermen may condition the approval of the transfer upon the assignee or transferee's agreement to bring any contemplated change in the franchise agreement to the Board prior to approval. In the event no change is contemplated at the time of the approval, the assignee or transferee may not, without permission from the Board of Aldermen, bring any request for a change in said franchise for a period of three (3) years after the date of the said approval.