[Ord. No. 1805, 8-25-1981]
For the purposes of LOC §§ 20.14.900 to 20.14.925 the following terms shall be defined as follows:
Those channels required to be kept available for partial
or total dedication to public access, educational access, local government
access or leased access.
A system of antennas, cables, amplifiers, towers, microwave
links, cablecasting studios, and any other conductor, converters,
equipment or facilities designed and constructed for the purpose of
producing, receiving, amplifying, storing, processing or distributing
audio, video, digital or other forms of electronic or electrical signals.
The privilege conferred upon a person, firm, or corporation (franchisee) by the City of Lake Oswego to operate a cable communications system under the terms and provisions of LOC §§ 20.14.900 to 20.14.925.
[Ord. No. 1805, 8-25-1981]
The City of Lake Oswego, by and through its City Council, has
the authority to regulate the development and operation of a cable
communication system for the City of Lake Oswego and to exercise all
powers necessary to carry out that purpose, including but not limited
to the following:
1.
To
grant by resolution an exclusive or one or more non-exclusive franchises
for the development and operation of a system or systems;
2.
To
contract, jointly agree or otherwise provide with other local or regional
governments, counties, special districts or commissions for the development,
operation and regulation of a system or franchise, notwithstanding
the fact that the system extends beyond the boundaries of the City;
3.
To create local improvement districts for the development or extension of a system and/or to provide for the undergrounding of the system as a local improvement as that term is now or hereafter defined by LOC § 40.02.010;
4.
To
purchase, hire, construct, own, maintain and operate or lease a system
and to acquire property necessary for any such purposes;
5.
To
regulate and supervise all facets of a system, including but not limited
to:
a.
Consumer
complaints
b.
Disputes
among the City, franchisees, and consumers
c.
Fair
employment practices
d.
The
development, management and control of public access channels
e.
Rates
and review of franchises for rate adjustments
f.
Construction
timetables and standards
g.
Modification
of technical aspects
h.
Insuring
adherence to federal and state regulations
i.
Franchise
transfer and transfer of control of ownership
j.
Franchise
renewal or franchise revocation
k.
Enforcement
of buy-back, leaseback or option to purchase provisions, and
l.
Receivership
and foreclosure procedures.
[Ord. No. 1805, 8-25-1981]
In the event that the Council finds it in the best interest
of the City to grant a franchise for a system, the following procedures
may be employed.
1.
The
Council shall direct that a request for a proposal (RFP) be prepared
containing at least the following:
a.
Information
and instructions relating to the preparation and filing of bid proposals;
b.
Requirements
regarding the development, operation and regulation of a system, including
but not limited to the following:
i.
The length, renewal and transfer or assignment of the franchise,
including foreclosure and receivership provisions;
ii.
A description of the franchise territory and the extension of service;
iii.
The system design, including channel capacity, channel uses, access
programming facilities, specialized services, and point interconnection
of systems;
iv.
Technical performance standards;
v.
Records and reporting;
vi.
Indemnification, insurance and liability for damage;
vii.
Provision for the City to acquire the system upon revocation or expiration
of the franchise;
3.
The
City may employ any services necessary to assist in the analysis of
any matter relative to the RFP and the evaluation of any bids. An
evaluation of the bids received shall be prepared and submitted to
the Council, together with any recommendations.
4.
The
Council may award a franchise to an applicant only after a public
hearing on the application and bid. Notice of this hearing shall be
published in a local newspaper of general circulation in the City
at least ten (10) days prior to the date of the hearing. All applicants
shall be notified by mail of the public hearing; provided, however,
that no defect in the notice or failure to notify shall invalidate
the franchise award.
5.
No
franchise or award of a franchise shall be final until the Council
adopts a resolution containing the terms and conditions thereof. The
franchisee shall bear the cost of all publications and notices given
in connection with the award of the franchise.
[Ord. No. 1805, 8-25-1981]
The provisions of LOC §§ 20.14.900 - 20.14.925 are not intended and shall not be construed to amend or alter in any manner the franchise for cable communication services held by Liberty Communications, Inc. pursuant to Ordinance No. 1334 as amended by Ordinances 1463, 1700 and 1789. However, the City and Liberty Communications, Inc. may mutually agree to subject the operation of the franchise to any or all of those Code provisions. Any request for renewal or extension of the franchise beyond its present July 11, 1984 expiration date shall be considered a request for the Council to consider the selection of a franchise pursuant to LOC § 20.14.910.
[Ord. No. 1805, 8-25-1981]
1.
Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing the violation of 20.14.915, or performing any of the acts and/or functions identified under LOC § 20.14.900, without having been awarded a franchise to perform said acts or functions pursuant to the terms of these provisions, shall be deemed to have committed a violation of the City Code. Each violation occurring in a separate day shall be considered a separate violation of this Code.
2.
The
rights, remedies and penalties provided in this section are cumulative
and not mutually exclusive and are in addition to any other rights,
remedies and penalties available to the City under any other ordinance
or law.
[Repealed by Ord. No. 1917, 5-21-1985]
