[HISTORY: Adopted by the City Council of the City of Bridgman 1-17-1983 by Ord. No. 85 (Ch. 702.000 of the 1999 Compiled Ordinances). Amendments noted
where applicable.]
This chapter shall be known and may be cited as the "City of
Bridgman Cable Television Ordinance."
For the purpose of this chapter, 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.
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 chapter 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.
The City of Bridgman, a political subdivision in Berrien
County, Michigan.
The Council of the City of Bridgman.
Shall consist of two Council members and two citizens, appointed
by the Mayor, which shall be directly responsible for overseeing and
controlling the granting of a franchise pursuant to this chapter,
and for overseeing any franchise which may be granted.
A system employing antenna, microwave, wires, wave guides,
coaxial cables or other conductors, equipment or facilities designed,
constructed or used for the purpose of:
Collecting and amplifying local or distant broadcast television
or radio signals and distributing and transmitting same;
Transmitting original cablecast programming not received through
television broadcast signals;
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 City 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.
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 City of Bridgman.
All the territory within the geographical boundaries of the
City of Bridgman throughout which the grantee shall be authorized
hereunder to construct, maintain and operate its system.
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.
Any person, firm, partnership, association, corporation,
company, or organization of any kind.
A person or organization whose premises are physically wired
to receive any transmission from the system.
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.
A nonexclusive franchise to install, construct, operate and
maintain a cable television system on streets and public ways within
the City of Bridgman, pursuant to the terms of this chapter and any
amendments hereto, is hereby granted to Michiana Cablevision Corporation,
for the following purposes:
A.
Erect, install, construct, repair, replace, reconstruct, 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 City.
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
City for connection to the CATV system of grantee.
A.
Franchise bond. The grantee shall, concurrently with its acceptance
of this franchise, file with the City 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 the grantee, and upon the further
condition that in the event the grantee shall fail to comply with
any one or more of the provisions of the franchise, 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, plus a reasonable allowance for attorneys' 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 City 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 City by filing the same with the City Clerk.
Notwithstanding the above provisions of this subsection, the City
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, the
grantee shall file with the City 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 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 City Council may fix in any amendment
hereto, and of such insuring institution, form and substance as shall
be approved by the Council, and which shall assure grantee, and shall
provide primary coverage for the City, its officers, Council, committees,
agents and employees against liability for loss or damage for personal
injury, death, and property damage occasioned by any activity or operation
of the grantee under such franchise.
D.
Hold harmless agreement. The grantee shall indemnify and hold harmless
the City, its officers, Council, committees, agents and employees
against and from my and all claims, demands, causes of actions, actions,
suits, proceedings, damages (including, but not limited to, damages
to 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 City 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,
traveling and transportation expense or other costs or expenses arising
out of or pertaining to the exercise or the enjoyment of any franchise
hereunder by grantee or the granting thereof by the City.
E.
Defense of litigation. The grantee shall at the sole risk and expense
of grantee, upon demand of the City made by and through the City 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 City, its officers, Council,
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 City.
F.
Non-waiver. Neither the provisions of this section, nor any bonds
accepted by the City pursuant hereto, nor any damage recovered by
the City thereunder, shall be construed to excuse unfaithful performance
by the grantee or limit the liability of the grantee under this chapter
or the franchise for damages, either to the full amount of the bond,
or otherwise.
A.
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 City, during the entire time of
any franchise granted pursuant to this chapter, an annual franchise
fee equal to 5% of the grantee's yearly gross revenues derived
from all cable services provided by the grantee within the City, or
$250, whichever is greater. Any franchise payments to the City by
the 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.
[Amended 1-11-1999 by Ord. No. 137]
B.
The City shall have the right to inspect the books and records of
the grantee during regular business hours at the office of the grantee
for the purpose of determining the amount of franchise payments as
well as for the purpose of determining the proper amounts to be paid
by the grantee by way of taxes to any governmental entity.
C.
Franchise payments hereunder shall be made quarterly to the City
beginning on the first business day of January, April, July and October
of each year.
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 City Council under this chapter.
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 City Council, and the City Council herein 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 these specifically prescribed in
this chapter.
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 my other franchise of prior date, insofar as there
shall be my 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 City 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 City 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 City Council within 30 days
after any such transfer or assignment. The proposed assignee must
show financial responsibility as determined by the City Council and
must agree to comply with all the provisions of the franchise and
of this chapter; 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
City Council shall be required for such a transfer. Such a consent
shall not be withheld unreasonably.
(2)
Prior approval of the City Council, expressed 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 City Council under
this chapter shall be for a term of three years from and after January
1, 1999, unless terminated prior to expiration as herein provided.
Any further franchise renewals shall be subject to the prior approval
of the City Council pursuant to the terms of this chapter.
[Amended 1-11-1999 by Ord. No. 137]
E.
Review of franchise. Every five years after the effective date of
the franchise, the Council and the grantee shall jointly review the
performance of the grantee's operation and specifically the City
Council will inquire whether the grantee is supplying a level and
variety of services equivalent to those being generally offered 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 City Council to do so at that time. Within
60 days of the conclusion of the review, the City Council and grantee
shall report in public preceding the result of their review and their
conclusions. The City 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 what is
fair and equitable to all concerned.
F.
Recourse against City. The grantee shall have no recourse or remedy
whatsoever against the City for any loss, cost, expense, or damage
arising out of or with respect to any franchise hereunder, or this
chapter, or the enforcement thereof.
G.
Rules and regulations. The grantee shall be subject to all ordinances,
rules, regulations, and specifications of the 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. The 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 the 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 owner;
(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 the 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 City.
The grantee of a franchise to construct, operate or maintain
any CATV system in the City of Bridgman shall file with the City 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 City 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 City, 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 City.
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 proposed to be served, routes
to be taken, a diagram of the equipment which will be exposed and
a time schedule for 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 City Council.
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, the
grantee shall commence construction and installation of the CATV system.
C.
The grantee shall extend trunk cable to all sections of City limits.
Where unusual circumstances do exist, the grantee shall make provisions
to provide for service at a future date with City Council approval.
D.
The CATV system constructed by the grantee shall conform to the information
and specifications contained in its proposal to the City and which
formed part of the basis for granting this franchise.
E.
Within one year after the effective date hereof, the grantee shall
complete construction of the facilities needed to permit the reception
of broadcast signals, the organization of programming within the City,
and the distribution of signals to the franchise area; provided, however,
the City Council may approve exceptions to this requirement upon a
showing by the 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.
The 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 City 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 City Council.
H.
In all sections of the City 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 the grantee's expense.
I.
The City 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 the grantee in any street or other
public way or public place, provided such use by them does not interfere
with the use by the grantee.
J.
The grantee shall, at the expense of grantee, protect, support, temporarily
disconnect, or temporarily relocate any property of grantee when,
in the opinion, of the City Council, the same is required by reason
of street construction, change or establishment of street grade, installation
of sewers, drains, water pipes, power lines, or signal lines.
K.
In the event the use of any part of the system of the grantee is
discontinued for any reason for a period of 30 days without prior
written notice to and approval by the City 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, canceled, or shall expire, grantee
shall, at the option of the City, and at the expense of the grantee
and at no expense to the City, promptly remove from any street or
other area all property of the grantee, and the grantee shall promptly
restore the street or other area from which such property has been
removed to such condition as the City shall approve, provided the
City Council may, upon written application therefore by grantee, approve
the abandonment of any such property in place by the grantee and under
such terms and conditions as the City Council may prescribe, and upon
abandonment of any such property in place, the grantee shall cause
to be executed, acknowledged and delivered to the City such instruments
as shall be approved by the City Council, conveying the ownership
of such property to the City.
L.
The 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 City.
M.
Upon the failure, refusal or neglect of grantee to cause any work
or other act required by law or by this chapter to be completed in,
on, over, or under any street within any time prescribed therefore,
or upon notice given, where notice is prescribed, the City Council
may cause such work or other act to be completed in whole or in part,
and upon so doing shall submit to the grantee an itemized statement
of the costs thereof, and the grantee shall, within 30 days after
receipt of such statement, pay unto the entire amount thereof.
A.
General rules. The CATV system of the 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 City.
(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 City 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 City
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 City Council after the City 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 basic 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
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 City, which office shall be open during
the usual business hours, with a local telephone number listed in
directories of the telephone company serving the City, which office
shall so 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 City Council may waive the requirement
of maintaining an office in the City if the grantee shall maintain
an office in the area, subject to the same standards as if in the
City, and provide an agent in the City 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 City Clerk
by the grantee and advise the City Clerk as to the disposition that
was made of the complaint. The Clerk may demand that a representative
of the grantee meet with a representative of the City 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 City 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.
The 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. The
grantee shall provide, without charge, basic service to each of the
above-mentioned cable television outlets. In addition, the grantee
shall, without charge, provide "C-Span" to each outlet in each public
or private school. The grantee shall provide, without charge, one
cable television outlet to the Bridgman City Hall and any other City
buildings which may be designated by the City Council.
A.
The grantee shall at all reasonable times, and to the extent necessary
to carry out the provision of this chapter, permit any duly authorized
agent or representative of the City to examine all franchise property
of the grantee, together with any appurtenant property of grantee
situated within or without the City and to examine and transcribe
any and all maps and other records kept or maintained by the grantee
or under the control or direction or at the request of the grantee
which appertain to the franchise operations, affairs, transactions
or property of the grantee.
B.
The grantee shall prepare and furnish to the committee, at such times
and such form as prescribed by the City Council, 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 City.
C.
The grantee shall prepare and furnish to the City a copy of independently
certified audited financial statement not less than annually.
A.
At the start of providing CATV service to the City, the 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.[1] 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. The grantee shall not request an increase
in the above-referred-to rates during its first year of providing
CATV service to the City, unless said increase, if granted, would
not become effective until the completion of the first year of service
to the City.
[1]
Editor's Note: Exhibit A is on file in the City offices.
B.
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 City Council, and upon written request by the grantee, provided
that, prior to authorizing the change of any rates or charges of the
grantee to subscribers, at any time after granting of the franchise,
the City 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 City Council therefor, fixing a day, hour, and place
certain when and where any persons having an interest therein may
appear before the City Council and be heard and directing the City
Clerk to publish notice of such hearing at least once. The City Clerk
shall cause such notice to be published in a newspaper of general
circulation with the City, 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 City Council shall proceed
to hear and pass on all presentations made before it, and the decision
of the City Council thereon shall be final and conclusive. If the
City Council shall find that a change of rates or charges is justified
by a change in cost of operation, the City Council shall approve the
changes in rates.
It shall be the policy of the City 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 City to make any amendment nor to prohibit it from
unilaterally changing its policy stated herein. The 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.
This franchise is granted by the Bridgman City Council to the
grantee purely for the purpose of using easements, streets and highways
of the City to erect and construct the grantee's system and is
not intended to convey any copyright or patent privileges whatsoever.
Failure, refusal, or neglect by the grantee to comply with any
of the requirements herein, or any term or condition of a franchise
issued hereunder shall be sufficient cause for termination of any
franchise by the City as follows: The City shall notify the grantee
of its intention to terminate the franchise and give the reasons therefor.
Said notice shall provide that the grantee may cure its default within
30 days and advise the grantee that failure to do so will be cause
for revocation of the franchise granted hereunder.
If any section, subsection, sentence, clause, phrase or portion
of this chapter 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 thereof.
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 City Clerk, and such written acceptance shall operate as
an acceptance of each and every term and condition and limitation
contained in this chapter.
B.
Such written acceptance shall be filed by grantee with the City Clerk
not later than 30 days after grant of the franchise as provided above,
and in default of such written acceptance as herein required, the
grantee shall be deemed to have rejected the same and the franchise
herein granted shall be null and void.
If the grantee accepts the franchise herein granted, then the
grantee shall assume the cost of publication of this chapter, as such
publication is required by law. Upon the grantee's acceptance
of the franchise as provided herein, the City 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 chapter.
This chapter was adopted at a regular meeting of the Bridgman
City Council on the 17th day of January 1983, and shall become effective
in 20 days and is ordered to be given publication in the manner prescribed
by the City Charter. Effective: February 6, 1983.
