An ordinance to govern and control Community Antenna Television
Systems within the Village of Baroda, Berrien County, Michigan, and
to grant a non-exclusive franchise to Michiana Cablevision Corporation
to acquire, construct, maintain and operate a Community Antenna Television
System in the Village of Baroda, Berrien County, Michigan.
THE VILLAGE OF BARODA ORDAINS:
[Comp. Ords. 1995, § 12.401; Ord.
No. 104, § I, 1-3-1983]
This Ordinance shall be known and may be cited as the "Village
of Baroda Cable Television Ordinance."
[Comp. Ords. 1995, § 12.402; Ord.
No. 104, § II, 1-3-1983]
For the purpose of this Ordinance 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
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" is always mandatory and not merely directory.
(a)
VILLAGE — The Village of Baroda, a political subdivision in
Berrien County, Michigan.
(b)
VILLAGE COUNCIL — The Council of the Village of Baroda.
(c)
COMMITTEE — A committee of the Village Council consisting of
three board members, appointed by the Village Supervisor, which shall
be directly responsible for over-seeing and controlling the granting
of a franchise pursuant to this ordinance, and for over-seeing any
franchise which may be granted.
(d)
PERSON — Any person, firm, partnership, association, corporation,
company or organization of any kind.
(e)
COMMUNITY ANTENNA TELEVISION SYSTEM or CATV or CABLE TELEVISION SYSTEM
— A system employing antenna, microwave, wires, wave guides,
coaxial cables or other conductors, equipment or facilities designed,
constructed or used for the purpose of:
(1)
Collecting and amplifying local or distant broadcast television or
radio signals and distributing and transmitting same;
(2)
Transmitting original cablecast programming not received through
television broadcast signals;
(3)
Transmitting television pictures, film and video tape programs, not
received through broadcast television signals, whether or not encoded
or processed to permit reception by only selected receivers; provided,
however; that any of the services, permitted hereunder to be performed,
as described above, shall be those performed by the grantee for subscribers,
as herein defined in the operation of a cable television or CATV system
franchised by the Village and not otherwise, and provided further
that such term shall not include any such facility or system that
serves only the residents of one or more apartment dwelling or commercial
establishments under common ownership, control or management.
(f)
BASIC SERVICE — The simultaneous delivery by the grantee to
the television, radio or other appropriate communications receiver
of a subscriber of all signals of over-the-air broadcasters required
by the Federal Communications Commission or this ordinance to be carried
by the cable television system of the grantee, together with such
additional public, educational, governmental, leased or other access
channels or signals as may be likewise required by law, but not including
pay or subscription television as defined by the Federal Communications
Commission.
(g)
FRANCHISE — Includes any authorization granted hereunder in
terms of a franchise, privilege, permit, license or otherwise to construct,
operate and maintain a cable television within the Village of Baroda.
(h)
FRANCHISE AREA — All the territory within the geographical
boundaries of the Village of Baroda throughout which the grantee shall
be authorized hereunder to construct, maintain and operate its system.
(i)
GRANTEE — Any person, firm or corporation receiving the grant
of any franchise hereunder and shall include any lawful successor
to the interest of such person, firm or corporation.
(j)
SUBSCRIBER — A person or organization whose premises are physically
wired to receive any transmission from the System.
(k)
USER — A person or organization utilizing a System channel
as a producer, for purposes of production and/or transmission of material,
or as a subscriber, for purposes of receipt of material.
[Comp. Ords. 1995, § 12.403; Ord.
No. 104, § III, 1-3-1983]
A non-exclusive franchise to install, construct, operate and
maintain a cable television system on streets and public ways within
the Village of Baroda, pursuant to the terms of this ordinance and
any amendments hereto, is hereby granted to Michiana Cablevision Corporation,
for the following purposes:
(a)
Erect, install, construct, repair, replace, re-construct, maintain
and retain, in, on, over, under, across and along any public street,
alley, way or place now laid out and dedicated and all extensions
thereof, such poles, wires, cable, conductors, ducts, conduits, 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 of any franchise
of this Village.
(b)
Maintain and operate facilities and properties for the collection,
transmission, conduction, amplification, conversion and distribution
of programs and other services by use of electricity, radiation or
other energy source.
(c)
Solicit, sell, distribute and make charge to subscribers within the
Village for connection to the CATV system of grantee.
[Comp. Ords. 1995, § 12.404; Ord.
No. 104, § IV, 1-3-1983]
(a)
Performance bond. The grantee shall concurrently with its acceptance
of this franchise, file with the Village Clerk and at all times thereafter
maintain in full force and effect for the term of this franchise or
any renewal thereof, at grantee's sole expense, a corporate surety
bond with a responsible company licensed to do business in Michigan
in an amount determined by the Council, renewable annually, and conditioned
upon the faithful performance of grantee, and upon the further condition
that in the event grantee shall fail to comply with any one or more
of the provisions of the grantee, there shall be recoverable jointly
and severally from the principal and surety of such bond any damages
or loss suffered by the Village 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,
plus a reasonable allowance for attorney's fees and costs, up to the
full amount of the bond, said condition to be continuing obligation
for the duration of the franchise and any renewal thereof and thereafter
until the grantee has liquidated all of its obligations with the Village
that may have arisen from the acceptance of this franchise or renewal
by the grantee or from its exercise of any privileges or rights herein
granted. The bond shall provide that at least 30 days' prior written
notice of intention not to renew, cancellation, or material change,
be given to the Village by filing the same with the Village Clerk.
Notwithstanding the above provisions of this subsection, the Village
Council may in its sole discretion, waive said bond or reduce the
required amount thereof after construction of the initial system.
(b)
Workers' compensation insurance. Grantee shall provide such workers'
compensation insurance as may be required by the laws of the State
of Michigan.
(c)
Comprehensive liability insurance. Upon acceptance of such franchise,
grantee shall file with the Village Clerk and shall thereafter during
the entire term of such franchise maintain in full force and effect
a comprehensive liability policy of insurance with limits of not less
than $500,000 for property damage to any one person, $500,000 for
property damage in any one accident, $500,000 for personal injury
to any one person and $1,000,000 for personal injury in any one accident,
or such higher amounts as the Village Council may fix in any amendment
hereto, and of such insuring institution, form and substance as shall
be approved by the Village Council, and which shall assure grantee,
and shall provide primary coverage for the Village, its officers,
board, committees, agents and employees against liability for loss
or damage for person injury, death, and property damage occasioned
by any activity or operation of grantee under such franchise.
(d)
Hold harmless agreement. Grantee shall indemnify and hold harmless
the Village, its officers, board, committees, agents and employees
against and from any and all claims, demands, causes of actions, actions,
suits, proceedings, damages, (including, but not limited to, damages
to Village property and damages arising out of copyright infringements,
and damages arising out of any failure by grantee to secure consents
from the owners, authorized distributors or licensees of programs
to be delivered by grantee's cable television system), costs, or liabilities
(including costs or liabilities of the Village with respect to its
employees), of every kind and nature whatsoever including, but not
limited to, damages for injury or death or damage to person or property,
and regardless of the merit of any of the same, against all liability
to others, and against any loss, cost and expense resulting or arising
out of any of the same including any attorney fees, accountant fees,
expert witness or consultant fees, court costs, per diem expense,
travelling and transportation expense or other costs or expense arising
out of or pertaining to the exercise or the enjoyment of any franchise
hereunder by grantee or the granting thereof by the Village Council.
(e)
Defense of litigation. Grantee shall at the sole risk and expense
of grantee, upon demand of the Village Council, made by and through
the Village Attorney, appear in and defend any and all suits, actions
or other legal proceedings whether judicial, quasi-judicial, administrative,
legislative or otherwise, brought or instituted or had by third persons
or duly constituted authorities, against or affecting the Village,
its officers, board, committees, agents or employees and arising out
of or pertaining to the exercise or the enjoyment of such franchise,
or the granting thereof by the Village Council.
(f)
Non-waiver. Neither the provisions of this section, nor any bonds
accepted by the Village Council pursuant hereto, nor any damage recovered
by the Village Council thereunder, shall be construed to excuse unfaithful
performance by the grantee or limit the liability of the grantee under
this ordinance or the franchise for damages, either to the full amount
of the bond, or otherwise.
[Comp. Ords. 1995, § 12.405; Ord.
No. 104, § V, 1-3-1983]
In consideration of the granting and exercise of a franchise
to use the streets of the franchise area for the purpose of operating
a cable television system for the use and benefit of subscribers therein,
the grantee shall pay yearly to the Village during the entire time
of any franchise granted pursuant to this ordinance, an annual franchise
fee equal to 3% of the grantee's yearly gross revenues derived from
all cable services provided by grantee within the Village, or $250,
whichever is greater.
Any franchise payments to the Village by grantee shall not be
in lieu of any occupation, income, license or property tax or similar
levy, assessment or charge which would otherwise apply to and be payable
by grantee.
[Comp. Ords. 1995, § 12.406; Ord.
No. 104, § VI, 1-3-1983]
In addition to any other franchise limitations hereunder or
as herein provided, the following limitations shall apply to any franchise
granted or renewed by the Village Council under this ordinance.
(a)
Nature of franchise. The franchise shall be nonexclusive, and neither
the granting thereof nor any of the provisions contained herein shall
limit, abridge, diminish, alter, or affect the right, privilege, power,
or authority of the Village Council; and the Village Council hereby
reserves and preserves the right to grant any identical or similar
or different franchise to any person, firm or corporation other than
grantee, either within or without or partly within or partly without
the franchise area of any grantee. No privilege or exemption shall
be granted or conferred by any franchise except those specifically
prescribed in this ordinance.
(b)
Subordination of franchise privileges. The grant of any privilege
by any franchise hereunder shall be subordinate to any prior lawful
occupancy of any street or public property or to the grant of any
privilege under any other franchise of prior date, insofar as there
shall be any conflict.
(c)
Transfer of franchise.
(1)
Any franchise granted hereunder shall be a privilege to be held in
personal trust by the original grantee. It cannot, in any event be
sold, transferred, leased, assigned, or disposed of in whole or in
part, either by forced or involuntary sale, or by voluntary sale,
merger, consolidation, or otherwise without prior written consent
of the Village Council and then only under such conditions as may
therein be prescribed. Notice and request for approval of any proposed
sale or transfer of this franchise must be given to the Village Council
not later than 90 days before the proposed sale or transfer. Any such
transfer or assignment shall be made only by an instrument in writing,
such as a bill of sale, or similar document, a duly executed copy
of which shall be filed in the office of the Village Council within
30 days after any such transfer or assignment. The said consent of
the Village Council may not be unreasonably refused; provided, however,
the proposed assignee must show financial responsibility as determined
by the Village Council and must agree to comply with all the provisions
of the franchise and of this ordinance; and provided, further, that
no such consent shall be required for a transfer in trust, mortgage
or otherwise, in whole or in part, to secure an indebtedness, except
that when such transfer shall exceed 50% of the market value of the
property used by the grantee in the conduct of the cable television
system, prior consent of the Village Council shall be required for
such a transfer. Such a consent shall not be withheld unreasonably;
(2)
Prior approval of the Village Council express by resolution, shall
be required where there is an actual change in control or where ownership
of more than 30% of the voting stock of grantee is acquired by a person
or group of persons acting in concert, none of whom already own 30%
or more of the voting stock, singly or collectively.
(d)
Term of franchise. The franchise granted by the Village Council under
this ordinance shall be for a term of 15 years, from the date of acceptance
of this franchise by grantee, unless terminated prior to its expiration
as herein provided. Any franchise renewal shall be subject to the
prior approval of the Village Council.
(e)
Review of franchise. Every five years after the effective date of
the franchise the Village Council and the grantee shall jointly review
the performance of the grantee's operation and specifically the Village
Council will inquire whether the grantee is supplying a level and
variety of services equivalent to those being generally offered at
the time in the industry, in comparable market situations. In the
event that grantee desires to change or modify its obligations under
its franchise it may negotiate with the Village Council to do so at
that time. Within 60 days of the conclusion of the review, the Village
Council and grantee shall report in public proceeding the result of
their review and their conclusions. The Village Council may then order
unilateral changes in the franchise rights and obligations of the
grantee where said changes cause no economic impact. Any changes that
cause substantial adverse economic impact shall be the subject of
negotiations with grantee. Any disputes hereunder shall be resolved
by arbitrators, one selected by each party and the third selected
by the other two whose decision shall be final. The arbitrators are
to base their decision on what is fair and equitable to all concerned.
(f)
Recourse against Village. Grantee shall have no recourse or remedy
whatsoever against the Village for any loss, cost, expense, or damage
arising out of or with respect to any franchise hereunder, or this
ordinance, or the enforcement thereof.
(g)
Village rules and regulations. Grantee shall be subject to all ordinances,
rules, regulations, and specifications of the Village heretofore or
hereafter established, including but not limited to, those pertaining
to works and activities in, on, over, under and about streets.
(h)
Prohibited activities of grantee. Grantee shall be prohibited from
directly or indirectly doing any of the following:
(1)
Engaging in the business of selling at retail, leasing, renting,
repairing or servicing of television sets or radios;
(2)
Soliciting, referring, or causing or permitting the solicitation
or referral of any subscriber to persons engaged in any business herein
prohibited to be engaged in by grantee;
(3)
Providing information concerning the viewing patterns of identifiable
individual subscribers to any person, group or organization for any
purpose, without the consent of the subscriber;
(4)
Entering or encroaching upon or interfering with or obstructing any
private property without the express consent of the owner;
(5)
Providing any repair service to its subscribers for a fee, which
repair extends beyond the connection of its service or the determination
by grantee of the quality of its signals to the recipients thereof;
(6)
Permitting its cable or other operations to interfere with television
reception of persons not served by the grantee, nor shall the system
interfere with, obstruct or hinder in any manner, the operation of
other utilities serving the residents of the Village.
[Comp. Ords. 1995, § 12.407; Ord.
No. 104, § VII, 1-3-1983]
The grantee of a franchise to construct, operate or maintain
any CATV system in the Village of Baroda shall file with the Village
Clerk, not later than the date of its acceptance of the franchise,
the following:
(a)
The name, address and telephone number of the grantee.
(b)
A detailed statement of the corporate or other business entity organization
of the applicant including, but not limited to, the following:
(1)
The names, residence addresses and business addresses of all officers,
directors and partners or business associates of the grantee.
(2)
The names, residence addresses and business addresses of all persons
and entities having an ownership interest in the grantee and the respective
ownership share of each such person or entity.
(3)
The names and addresses of any parent or subsidiary of the grantee
and of any other business entity owning or controlling in whole or
in part or owned or controlled in whole or in part by the grantee,
and a statement describing the nature of any such parent or subsidiary
business entity, including, but not limited to, all CATV or similar
systems owned or controlled by the grantee, its parent or subsidiary
and the area served thereby.
(4)
A detailed and complete financial statement of the grantee prepared
by certified public accountant, for the fiscal year next preceding
the date of the franchise hereunder, or a letter or other acceptable
evidence in writing from a responsible lending institution or funding
source, addressed to both the grantee and the Village Council, containing
a clear statement of its intent as a lending institution or funding
source to provide whatever capital shall be required by the grantee
to construct and operate the proposed system in the Village, or a
statement from a certified public accountant, certifying that the
grantee has available sufficient free, net and uncommitted cash resources
to construct and operate the proposed system in this Village.
(c)
A detailed description of the plan of operation of the grantee, which
shall include, but not be limited to, the following:
(1)
A detailed map indicating all areas purposed to be served, routes
to be taken, a diagram of the equipment which will be exposed and
a time schedule of the installation of all equipment necessary to
become operational throughout the entire area to be served.
(2)
A detailed statement describing the actual equipment and operational
standards to be used by the grantee.
(d)
A copy of the form of any agreement, undertaking or other instrument
to be entered into between the grantee and any subscriber.
(e)
Any other information pertinent to the grant of the franchise and
requested by the Village Council.
[Comp. Ords. 1995, § 12.408; Ord.
No. 104, § VIII, 1-3-1983]
(a)
Within 30 days after acceptance of any franchise, the grantee shall
proceed with due diligence to obtain 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, and any other permits, licenses and authorizations
to be granted by duly constituted regulatory agencies having jurisdiction
over the operation of cable television systems or associated microwave
transmissions facilities. In connection therewith, copies of all petitions,
applications and communications submitted by the grantee to the Federal
Communications Commission, or any other federal or state regulatory
commission or any agency having jurisdiction in respect to any matters
affecting grantee's cable television operations, shall also be submitted
simultaneously to the committee.
(b)
Within 30 days after obtaining all necessary permits, licenses and
authorizations, including right of access to poles and conduits, grantee
shall commence construction and installation of the CATV system.
(c)
The grantee shall extend trunk cable to all sections of the franchise
area whenever the grantee shall receive a request for service by a
prospective subscriber. Grantee shall extend its system to such prospective
subscribers' premises at no cost to the subscriber for system extension
other than the usual connection fees for all subscribers.
(d)
The CATV system constructed by grantee shall conform to the information
and specifications contained in its proposal to the Village and which
formed part of the basis for granting this franchise.
(e)
Within one-year after the effective date hereof, grantee shall complete
construction of the facilities needed to permit the reception of broadcast
signals, the origination of programming within the Village, and the
distribution of signals to the franchise area. Provided, however,
the Village Council may approve exceptions to this requirement upon
a showing by grantee of undue hardship or expense.
(f)
Failure on the part of the grantee to commence and diligently pursue
each of the foregoing requirements and to complete each of the matters
set forth herein, shall be grounds for termination of such franchise.
(g)
Grantee shall utilize existing poles, conduits, and other facilities
whenever possible and shall not construct or install any new, different
or additional poles, conduits or other facilities without first securing
the written approval of the Village Council. Any poles, conduits,
or other facilities of the grantee to be installed in, under, over,
along, across or upon a public street, alley, way or place shall be
so located so as to cause minimum interference with the public use
of the streets and to cause minimum interference with the rights of
other users of the streets, alleys, ways or places of property owners
who adjoin any of the streets, alleys, ways or places. In the event
of disturbance of any public street, alley, place or way by the grantee,
it shall, at its own expense, promptly replace and restore such street
to as good a condition as before the work causing such disturbance
was performed, and to the satisfaction of the Village Council.
(h)
In all sections of the Village where all existing cables or other
like facilities of utility companies are presently or subsequently
placed underground, the grantee shall place its cables or like facilities
underground, at grantee's expense.
(i)
The Village shall have the right, free of charge, to make additional
use, for any public or municipal purpose, whether governmental or
proprietary, of any poles, conduits or other facilities erected, controlled,
or maintained exclusively by or for grantee in any street or other
public way or public place, provided such use by the Village does
not interfere with the use by grantee.
(j)
Grantee, shall at the expense of grantee, protect, support, temporarily
disconnect, or temporarily relocate any property of grantee when,
in the opinion of the Village Council, the same is required by reason
of street construction, change or establishment of street grade, installation
of sewers, drains, waterpipes, power lines, or signal lines.
(k)
In the event the use of any part of the system of grantee is discontinued
for any reason for a continuous period of 30 days without prior written
notice to and approval by the Village Council, or in the event any
part of such system has been installed in any street or other area
without complying with the requirements hereof, or in the event any
franchise shall be terminated, cancelled, or shall expire, grantee
shall, at the option of the Village, and at the expense of grantee
and at no expense to the Village, promptly remove from any street
or other area all property of grantee and grantee shall promptly restore
the street or other area from which such property has been removed
to such condition as the Village Council shall approve; provided the
Village Council may, upon written application therefore by grantee,
approve the abandonment of any such property in place by grantee and
under such terms and conditions as the Village Council may prescribe;
and upon abandonment of any such property in place, grantee shall
cause to be executed, acknowledged and delivered to the Village such
instruments as shall be approved by the Village Council, conveying
the ownership of such property to the Village.
(l)
Grantee shall, at all times, make and keep full and complete maps,
plats and records showing the exact locations of its facilities located
within the franchise area, and shall provide copies of such maps,
plats and records to the Village.
(m)
Upon the failure, refusal or neglect of grantee to cause any work
or other act required by law or by this ordinance to be completed
in, on, over, or under any street within any time prescribed therefore,
or upon notice given, where notice is prescribed, the Village Council
may cause such work or other act to be completed in whole or in part,
and upon so doing shall submit to grantee an itemized statement of
the costs thereof, and the grantee shall, within 30 days after receipt
of such statement, pay unto the Village the entire amount thereof.
[Comp. Ords. 1995, § 12.409; Ord.
No. 104, § IX, 1-3-1983]
(a)
General rules. The CATV system of grantee shall:
(1)
Be capable of relaying to subscriber terminals televisions and radio
broadcast signals;
(2)
Be constructed with the capability of two-way digital signal transmission;
(3)
Distribute color television signals which it receives;
(4)
Be constructed and operated so as not to interfere with the television
reception of persons not served by the grantee and so as not to interfere
with, obstruct or hinder in any manner the operation of any utility
serving the Village;
(5)
Be initially constructed to provide a channel capacity of 35 channels
and be easily constructed to provide a channel capacity of 54 channels;
(6)
Be equipped with an emergency alert override enabling emergency interruption
of all programs for the delivery of signals, necessitated by the occurrence
of an emergency;
(7)
Provide at least one channel, without charge, for exclusive use of
the Village and other governmental agencies;
(8)
Provide at least one channel, without charge, for use by any public
or private school system located within the franchise area;
(9)
Provide at least one channel as a public access channel for use by
civic groups and interested citizens; provided, however, the Village
Council may waive this requirement at the time a franchise is granted
if the franchise so granted provides for the addition of said channel
by the grantee at the request of the Village Council after the Village
Council has determined there is a demand for said channel.
(b)
Additional services. The cable television system may also engage
in the business of:
(1)
Transmitting original cablecast programming not received through
television broadcast signals;
(2)
Transmitting television pictures, film and videotape programs, not
received through broadcast television signals, whether or not encoded
or processed permit reception by only selected receivers or subscribers;
(3)
Transmitting and receiving all other signals: digital, voice and
audio-visual.
(c)
Refusal of service. No person, firm or corporation within the service
area of the grantee, and where trunk lines are in place, shall be
refused service; provided, however, that the grantee shall not be
required to provide service to any subscriber who does not pay the
applicable connection fee or service charges.
(d)
Service standards. The grantee shall:
(1)
Correct malfunctions promptly but in no event later than 24 hours
after occurrence; in the event it should be impossible or impractical
to correct any malfunctions within 24 hours, then each subscriber
whose reception is so disrupted shall receive a rebate from the grantee
in the amount of 1/30th of such subscriber's monthly charge for every
additional twenty-four-hour period that said subscriber's television
reception is so disrupted, unless said disruption in service was entirely
beyond the control of grantee;
(2)
Answer all complaints by subscribers;
(3)
Notify subscribers, insofar as possible, 24 hours in advance of planned
interruptions of service, which planned interruptions of service shall
occur during periods of minimum use of the system.
(4)
Maintain an office in the Village, which office shall be open during
the usual business hours, with a local telephone number listed in
directories of the telephone company serving the Village, which office
shall be so operated that complaints and requests for repairs or adjustments
may be received at any time, 24 hours a day, seven days a week, provided,
however, that the Village Council may waive the requirement of maintaining
an office in the Village, if the grantee shall maintain an office
in the area, subject to the same standards as if in the Village, and
provide an agent in the Village to receive payments and accept complaints;
(5)
Provide notice of such office, or area office and local agent, and
the grantee's complaint procedure to each subscriber at the time of
initial subscription to the system.
(e)
Complaint procedures. Subscriber complaints regarding the quality
of service, equipment malfunction, or similar matters, which have
not been resolved by grantee, shall be submitted to the Village Clerk.
The Clerk may demand that a representative of grantee meet with a
representative of the Village to discuss and resolve such complaint,
such meeting to be held within 30 days after demand therefore. The
grantee shall notify each subscriber, at the time of initial subscription
to the service of the grantee, of the procedures for reporting and
resolving such complaints. The Village may, from time to time, establish
such other procedures for resolving subscriber complaints in addition
to the procedures outlined herein.
(f)
Failure to provide service. Any grantee of any franchise hereunder
who shall, within one-year after the payment of any installation charge
to such subscriber, fail to operate its system or make its system
available to such subscriber, on a regular and continuous basis, shall
refund the installation charge to such subscriber, together with interest
thereon at not less than 5% per year.
(g)
[Public, educational and governmental access.] Grantee shall provide,
without charge, one cable television outlet on each floor of all existing
or future police stations, fire stations, public schools or private
schools located in the franchise area. Grantee shall provide, without
charge, basic service to each of the above-mentioned cable television
outlets. In addition, Grantee shall, without charge, provide "C-Span"
to each outlet in each public or private school. Grantee shall provide,
without charge, one cable television outlet to the Baroda Village
Hall and any other Village buildings which may be designated by the
Village.
[Comp. Ords. 1995, § 12.410; Ord.
No. 104, § X, 1-3-1983]
(a)
Grantee shall at all reasonable times, and to the extent necessary
to carry out the provisions of this ordinance, permit any duly authorized
agent or representative of the Village to examine all franchise property
of grantee, together with any appurtenant property of grantee situated
within or without the Village, and to examine and transcribe any and
all maps and other records kept or maintained by grantee or under
the control or direction or at the request of grantee which appertain
to the franchise operations, affairs, transactions or property of
grantee.
(b)
Grantee shall prepare and furnish to the committee, at such times
and in such form as prescribed by the Village, references, and materials
with respect to the operations, affairs, transactions, or property
of grantee as may be reasonably necessary or appropriate to the performance
of any of the duties of the Village.
(c)
Grantee shall prepare and furnish to the Village a copy of an independent
certified audited financial statement not less than annually.
[Comp. Ords. 1995, § 12.411; Ord.
No. 104, § XI, 1-3-1983]
At the start of providing CATV service to the Village, grantee
shall provide and distribute through the CATV system at least those
channels and services shown in Exhibit A, which is attached hereto
and incorporated herein by this reference. The initial rates and charges
allowable to grantee shall not be greater than the rates and charges
shown in the above mentioned Exhibit A attached hereto. Grantee shall
not request an increase in the above-referred to rates during its
first year of providing CATV service to the Village, unless said increase,
if granted, would not become effective until the completion of the
first year of service to the Village.
The rates and charges provided for in this Section shall not
be changed at any time after the granting of the franchise, except
by authority of the Village Council, and upon written request by the
grantee, provided that prior to authorizing the change of any rates
or charges of grantee to subscribers, at any time after granting of
the franchise, the Village Council shall first pass its resolution
of intention to do so, describing and stating any rates or charges
to be changed, the reasons of the Village Council therefore, fixing
a day, hour, and place certain when and where any persons having an
interest therein may appear before the Village Council and be heard
and directing the Village Clerk to publish notice of such hearing
at least once. The Village Clerk shall cause such notice to be published
in a newspaper of general circulation with the Village, and the same
shall be published and a copy thereof shall be mailed to grantee hereunder
at least 10 days prior to the date specified for hearing thereon.
At the time set for such hearing, or at any adjournment thereof, the
Village Council shall proceed to hear and pass on all presentations
made before it, and the decision of the Village Council thereon shall
be final and conclusive. If the Village Council shall find that a
change of rates or charges is justified by a change in cost of operation,
the Village Council shall approve the changes in rates.
[Comp. Ords. 1995, § 12.412; Ord.
No. 104, § XII, 1-3-1983]
It shall be the policy of the Village to liberally amend this
franchise, upon application of the grantee, when necessary to enable
the grantee to take advantage of any developments in the field of
transmission of data communication television and radio signals which
will afford it an opportunity to more effectively, efficiently or
economically serve its subscribers. This section shall not, however,
be construed to require the Village to make any amendment nor to prohibit
it from unilaterally changing its policy stated herein. Grantee shall
use its best efforts to upgrade its facilities, equipment and services
so that its system is as advanced as the current state of technology
will allow.
[Comp. Ords. 1995, § 12.413; Ord.
No. 104, § XIII, 1-3-1983]
This franchise is granted by the Village Council of the Village
of Baroda, to the grantee purely for the purpose of using easements,
streets and highways of the Village to erect and construct the grantee's
system and is not intended to convey any copyright or patent privileges
whatsoever.
[Comp. Ords. 1995, § 12.414; Ord.
No. 104, § XIV, 1-3-1983]
Failure, refusal, or neglect by the grantee to comply with any
requirement herein, or any term or condition of a franchise issued
hereunder shall be sufficient cause for termination of any franchise
by the Village as follows:
(a)
Upon the continuing of any such failure, refusal or neglect for a
period of 10 days, next following written demand by the Village Council
that the grantee do or comply with any such requirement, limitation,
term or condition, the Village may cause to be placed on the agenda
of a regular session of the Village Council its request for termination
of such franchise, and in such case, the Village shall cause to be
served upon such grantee, at least 15 days prior to the date of such
session of the Village Council, a written notice of its intent to
request such termination at the time and place of such session.
(b)
At such session of the Village Council, or any adjournment thereof,
the Village Council shall consider the request of the Village and
shall hear any persons desiring to be heard, and shall determine whether
or not such failure, refusal or neglect by grantee was with just cause.
(c)
If the Village Council shall determine such failure, refusal or neglect
by grantee was without just cause, then the Village Council may pass
its resolution declaring that the franchise of such grantee shall
be terminated and forfeited unless there be compliance by grantee
within 15 days, and such resolution shall operate to declare such
franchise terminated and forfeited on the 15th day next following
the passage thereof, and without further notice to grantee, unless
grantee shall so comply within such fifteen-day period, such termination
and forfeiture to become effective for all purposes 180 days thereafter.
(d)
Within 180 days after such declaration of termination and forfeiture,
grantee may sell, remove, or transfer the entire system of grantee,
subject to the provisions of Section VI, c. [12.406] of this ordinance,
and upon any such sale or transfer in addition to any other rights
hereunder or otherwise, the Village shall have a lien (next in order
of preference to any lines or encumbrances existing of record on the
date of such termination and forfeiture) against any and all proceeds
thereof in the full amount of any loss, cost, expense or their financial
detriment incurred by the Village in the exercise of any right hereunder,
or by reason of such termination and forfeiture.
(e)
If grantee shall fail to or refuse to sell, remove or transfer the
entire system of grantee, as hereinabove provided, and regardless
of the exercise of any other right of the Village hereunder, then
the Village may institute appropriate court action to enforce requirements
of this section.
[Comp. Ords. 1995, § 12.415; Ord.
No. 104, § XV, 1-3-1983]
If any section, subsection, sentence, clause, phrase or portion
of this ordinance is for any reason held to be invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision and such holding shall
not affect the validity of the remaining portions hereof.
[Comp. Ords. 1995, § 12.416; Ord.
No. 104, § XVI, 1-3-1983]
(a)
The franchise herein granted shall not become effective for any purpose
unless and until a written acceptance thereof shall have been filed
with the Village Clerk, and such written acceptance shall operate
as an acceptance of each and every term and condition and limitation
contained in this ordinance.
(b)
Such written acceptance shall be filed by grantee with the Village
Clerk not later than 30 days after grant of the franchise as provided
above, and in default of such written acceptance as herein required,
grantee shall be deemed to have rejected the same and the franchise
herein granted shall be null and void.
[Comp. Ords. 1995, § 12.417; Ord.
No. 104, § XVII, 1-3-1983]
If the grantee accepts the franchise herein granted, then grantee
shall assume the cost of publication of this ordinance as such publication
is required by law. Upon the grantee's acceptance of the franchise
as provided herein, the Village Clerk shall present the bill for publication
to the grantee which the grantee shall pay at the time. In addition,
grantee shall pay the cost of publication of any notice which is required
to be published pursuant to this ordinance.
[Comp. Ords. 1995, § 12.418; Ord.
No. 104, § XVIII, 1-3-1983]
This ordinance was adopted by the Village of Baroda on the 3rd
day of January, 1983. This ordinance shall be published in full in
the Herald Palladium on the 17th day of January, 1983, which is less
than 30 days after its passage.
This ordinance shall take effect the day following the date
of publication.
Effective: January 18, 1983
