[CC 1974 §6½-1; Ord. No. 846 §1, 11-21-1973]
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.
- A community antenna television system as hereinafter defined.
- The City of Richmond, a municipal corporation of the State of Missouri, in its present 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.
- The present Governing Body of the City or any future board constituting the legislative body of the City.
- Includes 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.
- The person, firm or corporation to whom or which a franchise, as hereinabove defined, is granted by the Council 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.
- 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.
- Any person or entity receiving for any purpose the CATV service of a grantee.
[CC 1974 §6½-2; Ord. No. 846 §2, 11-21-1973]
A non-exclusive contract to construct, operate and maintain a CATV system within all or any portion of the City may be granted by the Council 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.
No provision of this Chapter may be deemed or construed as to require the granting of a franchise when in the opinion of the Council it is in the public interest to restrict the number of grantees to one (1) or more.
[CC 1974 §6½-3; Ord. No. 846 §3, 11-21-1973; Ord. No. 998 §II, 12-6-1978]
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, cables, 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 corporations including, but not limited to, any public utility or other grantee franchised or permitted to do business in the City. Furthermore, grantee shall agree to repair and return to its original condition any damage to streets incurred in the construction or maintenance of the CATV system and such repair shall be approved by the Council's Street Committee.
The grantee may make a charge to subscribers for installation or connection to its CATV system at 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 Council expressed by resolution.
[CC 1974 §6½-4; Ord. No. 846 §4, 11-21-1973]
No franchise granted by the Council under this Chapter shall be for a term longer than fifteen (15) years following the date of acceptance of such franchise by the grantee or the renewal thereof.
Any such franchise granted hereunder may be terminated prior to its date of expiration on thirty (30) days' written notice by the City, when:
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
Any provision of this Chapter shall become invalid, unenforceable or impaired because of City, State or Federal governmental regulations.
If such franchise is revoked in the period thereof, the grantee shall have ninety (90) days from the date of notice of such revocation to remove all equipment, including wires and appurtenances from the City of Richmond or, subject to the approval of the City Council of the City of Richmond, sell such franchise to other individuals, persons, partnerships or corporations that may wish to purchase the same.
[CC 1974 §6½-5; Ord. No. 846 §5, 11-21-1973; Ord. No. 998 §III, 12-6-1978]
In consideration for the rights, privileges and franchise hereby granted, and as compensation to the City for the use of its public ways and places by the grantee, and in lieu of all occupation and license taxes, the grantee shall pay to the City, on or before the thirty-first day (31st) of January and on or before the thirty-first (31st) day of July of each year, a sum equal to three percent (3%) of the gross receipts from the sale of community and closed circuit electronic service within the then existing corporate limits of the City received by it during the last preceding six (6) month period; however, such semi-annual payments shall not become due until after the grantee has become operational as defined herein. Each such semi-annual payment shall be accompanied by a statement of gross receipts received by the grantee from operations within the City for the preceding six (6) month period. The term "gross receipts" shall mean gross subscriber service revenues per year from cable television operations exclusive of any revenues received by the grantee from special services such as home box office or similar types of supplemental or special sources of programming. The City shall have the right, but not the obligation, to audit the grantee's books and records to confirm the accuracy of such statement of gross receipts. If no such request is made within sixty (60) days following each payment date, the grantee's report of such gross receipts shall be deemed accepted by the City.
[CC 1974 §6½-6; Ord. No. 846 §6, 11-21-1973]
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 Street Committee of the City Council acting in the exercise of its reasonable discretion.
The grantee shall not install or erect any facilities or apparatus in or on other public property, places 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 utility facilities now existing without obtaining the prior written approval of the Street Committee.
[CC 1974 §6½-7; Ord. No. 846 §7, 11-21-1973; Ord. No. 998 §IV, 12-6-1978]
It is expressly understood and agreed by and between the grantee and the City that the grantee shall save 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 television transmission system in the City; and the grantee shall cause to be defended at its own expense all actions that may be commenced against the City by reason of the construction or operation of such system. The grantee shall carry public liability insurance for bodily injury or death in the sum of five hundred thousand dollars ($500,000.00) for each accident and three hundred thousand dollars ($300,000.00) for property damage, with the City named as an additional insured, said insurance to be carried with an insurance company with a recognized national rating acceptable to the City.
[CC 1974 §6½-8; Ord. No. 998 §V, 12-6-1978]
Generally. 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 in all areas of the City which are economically feasible.
Signal Quality Requirements. The grantee shall:
Comply with all technical standards established by the Federal Communications Commission for cable television systems.
Limit failures to a minimum by locating and trying to correct malfunctions within forty-eight (48) hours from receipt of notice of same; and, if impossible to correct such malfunctions within such time, the grantee shall cause service charges to customers affected by such malfunctions to be abated on a pro rata basis until the malfunctions are corrected.
Demonstrate by instruments or otherwise to subscribers upon request that a signal of adequate strength and quality is being delivered.
Render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time practical.
Have a listed telephone and be so operated that complaints and requests for repairs and adjustments may be received at any time during office hours of the grantee. The grantee will provide a local representative to receive said requests and complaints.
Construct, maintain and use the grantee's CATV system in compliance with the material and engineering standards of all joint pole use agreements and with the provisions of the National Electrical Code and any applicable ordinances of the City.
Change the location, at the grantee's expense, of any poles, conduits, structures or facilities within the street areas or public ways when in the opinion of the City, for good cause, the public convenience requires some change.
On the request of any person holding a building moving permit (or equivalent) issued by the City, temporarily raise or lower its wires to permit the moving of buildings or other structures. The expense of such temporary moving, raising or lowering of wires shall be paid by the person requesting the same; and the grantee shall have the authority to require such payments in advance. The grantee shall be given not less than seventy-two (72) hours' advance notice to arrange such temporary wire changes.
Provide the services to every area of the City which shall have a density of forty (40) houses per mile. If, at any time in the future, any area which at the present time does not have forty (40) houses per mile shall develop to the extent that it shall constitute forty (40) houses per mile for such area, then each grantee shall provide service to such area within ninety (90) days after written notice that such area shall have reached forty (40) houses per mile. Failure of the grantee to perform the duties under this Section shall be sufficient grounds for the City to revoke the franchise granted hereunder.
[CC 1974 §6½-9; Ord. No. 846 §9, 11-21-1973; Ord. No. 998 §VI, 12-6-1978]
The grantee shall maintain a local business office or agent and a toll-free telephone for the purpose of investigation or resolution of complaints relative to the quality of service, equipment non-functions and similar matters.
[CC 1974 6½-10; Ord. No. 846 §10, 11-21-1973]
Any franchise granted under this Chapter may be renewable at the application of the grantee in the same manner and upon the same terms and conditions as required herein for obtaining the original franchise, except those which are by their terms expressly inapplicable; provided however, that the Council may, at its option, waive compliance with any or all of the initial application requirements and further provided that such application shall be approved or denied in the same manner that any new application may be approved or denied.
[CC 1974 §6½-11; Ord. No. 846 §11, 11-21-1973]
Grantee shall agree to file an application with the FCC within sixty (60) days of the granting of the franchise and, furthermore, grantee agrees to begin construction of the system within six (6) months of approval by the FCC and other governmental agencies.
[CC 1974 §6½-12; Ord. No. 846 §12, 11-21-1973; Ord. No. 998 §VII, 12-6-1978]
The grantee shall, within thirty (30) days of approval by the FCC of the franchise granted under this Chapter, file with the City Clerk, at grantee's sole expense, a corporate surety bond in a company and in a form approved by the City Attorney in the amount of twenty thousand dollars ($20,000.00) and conditioned upon the faithful performance of grantee to construct a CATV system and provide service to the community within one (1) year of the date on which FCC awards grantee certificate of compliance to serve the City; and in the event of default hereunder, there shall be recoverable jointly and severally from the principal and surety of such bond any damages or loss suffered by the City as a result thereof, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the grantee as prescribed hereby which may be in default plus a reasonable allowance for attorney's fees and costs, up to the full amount of bond. In lieu of the filing of a corporate surety bond, the grantee may file, in a form approved by the City Counselor, a personal surety bond meeting all the requirements as provided herein.
[CC 1974 §6½-13; Ord. No. 846 §13, 11-21-1973]
Prior to the granting of any franchise hereunder, an applicant must appear before the Council and any other parties of interest in a duly called public hearing as advertised in the newspaper of greatest circulation within the City. Full disclosures regarding the construction details, amount and type of service to be rendered, plans for public service, provisions for system maintenance, provisions for administration of the system, financial capability and qualifications of the grantee and any and all other matters being applicable by the Council shall be subject to review at the aforementioned hearing.
[CC 1974 §6½-14; Ord. No. 846 §14, 11-21-1973]
Each grantee shall provide the services to every area of the City of Richmond which shall have a density of forty (40) houses per mile. At any time in the future if any area which at the present time does not have forty (40) houses per mile shall develop to the extent that it shall constitute forty (40) houses per mile for such area, then each grantee shall provide service to such area within ninety (90) days after written notice that such area shall have reached forty (40) houses per mile. Failure of the grantee to perform the duties under this Section shall be sufficient for the City of Richmond to revoke the franchise granted hereunder.
[CC 1974 §6½-15; Ord. No. 846 §15, 11-21-1973; Ord. No. 998 §VIII, 12-6-1978]
In the case of any emergency or disaster, the grantee shall, upon the request of the Chairman of the City Council, make available its facilities to the City for emergency use during the emergency or disaster period.
[CC 1974 §6½-17; Ord. No. 846 §17, 11-21-1973]
Any and all grantees granted franchise under this Chapter shall provide to the City of Richmond, within thirty (30) days after completion of the construction of the CATV system, a complete map showing the location of all lines, poles, guy wires and other such items used by such system along the public byways and streets of the City of Richmond, Missouri.
[CC 1974 §6½-18; Ord. No. 846 §18, 11-21-1973; Ord. No. 998 §X, 12-6-1978]
The franchise as granted hereunder may be assigned by the grantee upon giving ninety (90) days' notice to the City Council before the date of such assignment. Such notice of assignment shall contain the name of the purchaser of the franchise and other such pertinent information as shall be reasonably necessary for the City Council to determine that the assignee is a reputable, reliable business entity and that the City has probable cause to believe that such assignment will not be detrimental to the existence of the community television service provided in this Chapter. After the effective date of such assignment, if the City Council shall determine that the quality of service is not reasonably similar to that offered before the date of such assignment, the City Council shall notify the assignee of the specific objections to the service then offered; and if such is not corrected in a period within sixty (60) days from the date of such notice, the City shall then have the right to terminate the franchise of the assignee. Nothing herein shall be construed to limit any other ability of the City Council to terminate the franchise as specified in other Sections of this Chapter.
[CC 1974 §6½-19; Ord. No. 1218 §§2 — 4, 7-11-1984]
Definitions. For the purposes of this Section, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense shall include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" shall be construed as mandatory and not simply directive.
- Community Antenna Television.
- CATV COMPANY
- Any company or companies franchised by the City of Richmond to provide CATV service within the City of Richmond.
- Includes individuals, partnerships, corporations and other associations.
Tampering With Or Destroying Lines Or Equipment, Etc., Prohibited — Unauthorized Connection, Etc. It shall be unlawful for any person, without authority of the CATV company, to intentionally obstruct, injure, break, tamper with or destroy or in any manner interfere with or interrupt any CATV service, line, cable or other CATV equipment or in any manner divert, use or receive any television, radio, audio or video signal by any unauthorized connection with any line or cable of the CATV company or to take, carry away, injure or destroy any of the converters, posts, cables, wires, insulators, fixtures, equipment, installations or other things belonging to the CATV company or used in connection with the furnishing of CATV services.
The presence at any time on or about the wires, cables or other CATV equipment of the CATV company of any device, wire or connection of any type or any other modification not authorized by the CATV company resulting in the diversion of television, radio, audio or video signals shall constitute prima facie evidence of knowledge and intent to divert, use or receive on the part of the person having custody or control of the room or place where such signals are diverted and shall constitute prima facie evidence of the intention on the part of such person to defraud and shall bring such person prima facie within the scope and meaning of this Section.
Penalty For Violation. Violation of this Section shall be deemed a misdemeanor and punishable pursuant to the Richmond Code of Ordinances.