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City of Papillion, NE
Sarpy County
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Table of Contents
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A. 
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 include the plural number. The word "shall" is always mandatory and not merely directory.
B. 
As used in this ordinance, the following terms shall have the meanings indicated:
BASIC SERVICES
A minimum of 12 channels of cable television service, which shall include in addition to satellite services, all local, regional, commercial and educational stations as allowed by the Federal Communication Commission (FCC), together with such additional broadcasting as may from time to time be required by the FCC or any regulatory agency or agencies successor thereto.
CERTIFICATE
Is a certificate of franchise issued by the City of Papillion upon majority vote of the City Council which authorizes the holder of the certificate to operate and maintain a community antenna television system within the corporate limits of the city pursuant to the rules and regulations of this ordinance. The holder of the certificate may also be referred to as "franchisee" or "grantee."
CITY
The City of Papillion, Nebraska.
COMMUNITY ANTENNA TELEVISION SYSTEM (hereinafter referred to as "CATV system" or "system(s)")
A system of coaxial cables or electrical conductors and equipment used or to be used primarily to receive television or radio signals directly or indirectly off-the-air and transmit them to transcribers for a fee.
CONVERTER
An electronic device, if such be required by the system adopted, which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber, and by appropriate channel select also permits a subscriber to view all signals delivered at designated dial locations.
COUNCIL
The City Council of Papillion, Nebraska.
FRANCHISEE
The operator of a CATV system who has been granted a certificate by the city or anyone who succeeds the holder of a certificate in accordance with the provisions of this ordinance. The words franchisee and "grantee are synonymous when used in this ordinance.
PERSON
Any person, firm, partnership, association, corporation or organization of any kind.
EXPANDED TV SERVICE
The delivery over the system of video signals in intelligible form to residential subscribers for a fee or charge over and above charges for basic services on a per channel or other subscription basis.
RESIDENTIAL SUBSCRIBER
A purchaser of any service delivered over the system to an individual dwelling unit, where the service is not to be utilized in connection with a business, trade or profession.
SYSTEM
The broad band communications facility which is to be constructed, operated and maintained by the franchisee in the city franchise area.
TRI-CITY
Is LaVista, Nebraska; Papillion, Nebraska; and Ralston, Nebraska.
PREMIUM CHANNELS
A premium program service which provides uninterrupted and unedited programming which may be purchased by CATV subscribers in addition to the basic cable service.
Application for a franchise hereunder shall be in writing, shall be filed with the City Clerk and shall contain the following information:
A. 
The name and address of the applicant and a complete disclosure as to the ownership of all pecuniary interests of the applicant. If the applicant is a partnership or a joint venture, the name and address of each partner or joint venturer shall be set forth. If the applicant is a corporation, the application shall also state the names and addresses of its directors, officers and all stockholders. If applicant is owned in whole or in part by another corporation, or by a partnership, joint venturer or other entity, then a list of all stockholders, partners or associates thereof shall also be given. Persons subscribing for stock or otherwise expressing an intention to purchase an interest, but who have not yet done so, shall be disclosed in the same manner.
B. 
A general statement and description of the system proposed to be constructed, installed, maintained or operated by the applicant; the manner in which applicant proposed to construct, install, maintain and operate the same; a statement of the services and channels to be provided initially; a brief narration on the experience and qualifications of applicant in the operation of CATV; an initial distribution plan of proposed immediate service within the city; and particularly, the extent and manner in which existing or future poles or other facilities of other public utilities will be used for such system.
C. 
A statement of proposed rates and charges to subscribers for installation and services, and a copy of proposed service agreement between the applicant and its subscribers shall accompany the application.
D. 
A copy of any contract, if existing, between the applicant and any public utility providing for the use of facilities of such public utility, such as poles, lines or conduit.
E. 
A statement setting forth all agreements and understandings, whether written, oral or implied, existing between the applicant and any person, firm or corporation with respect to the proposed franchise or the proposed operation. If a franchise is granted to a person, firm or corporation posing as a front or as the representative of another person, firm or corporation, and such information is not disclosed in the original application, such franchise shall be void and of no force and effect whatsoever.
F. 
A balance sheet of applicant prepared by a certified public accountant or person otherwise satisfactory to the Council, showing applicant's financial status as of a date within six months prior to the date of the application. The applicant shall also furnish evidence satisfactory to the city of financial ability to complete the construction and installation of the proposed CATV system.
G. 
The Council may at any time demand, and applicant shall provide, such supplementary, additional or other information as the Council may deem reasonably necessary to determine whether the requested franchise should be granted.
H. 
There shall be no requirement for local ownership or investment in franchise applicant and no preference shall be given to any applicant by reason of local ownership or investment in the applicant.
I. 
A copy of the contract form that applicant intends to have residential subscribers execute in connection with the extension of service to their residences.
J. 
A statement in affidavit form that no Mayor, City Councilperson, member of any committee created by city or the Tri-Cities to advise in respect to or monitor CATV franchises, or any city administrator or city attorney or any member of their immediate families of the Tri-Cities owns, directly or indirectly, any pecuniary interest in applicant or in any parent, affiliated or subsidiary corporation of applicant or in any entity having a partnership, joint venture or other proprietary relationship with applicant.
Nothing herein is to be construed to limit the number of applications which can be filed or the number of franchises which can be granted by the city.
A. 
It is hereby granted by the city to the franchisee or holder of a certificate the rights and privilege to construct, install, operate or maintain in or along the streets, alleys and public ways or elsewhere within the corporate limits of the city, poles, wires, cable, underground conduits, manholes and other television and maintenance within the corporate limits of the city of a community antenna television system and radio signal system or to provide similar facilities or properties rented or leased from other persons, firms or corporations, including but not limited to any public utility, the City of Papillion or other grantee, franchisee or holder of a certificate reception, sale and distribution of television and radio signals and energy frequency modulated radio signals and educational and visual and signals which are not otherwise prohibited, upon the terms and conditions herein contained.
B. 
The franchisee shall not originate any programming to provide a news service on any CATV channel carried on the franchisee's facilities, unless the franchisee makes available within its channel capacities the equal opportunity to news service media to carry similar originated programming on a reasonable contract basis, which shall include consideration of availability of time and rates for such service in other similar communities. The offering of a time and/or weather service shall not be deemed or considered as program origination of new service for the purpose of this ordinance.
C. 
The right to occupy and use said streets and alleys and public ways within the corporate limits of the city for the purposes herein set forth shall not be exclusive and the city reserves the right to grant a similar use of the city's alleys and public ways to any person at any time during the life of this franchise.
This franchise and the rights, privileges and authority hereby granted to a holder of a certificate of franchise shall take effect and be in force after a certificate of franchise is issued by the city, as provided by law, and shall continue in force and effect for a term of 20 years. That the acceptance of a certificate of franchise by the franchisee herein will constitute the unconditional acceptance and promise by the franchisee to comply with and abide by all of the provisions, terms and conditions of this ordinance and that the provisions, terms and conditions of this ordinance shall be by reference incorporated into the certificate of franchise as if fully set out therein. In addition the franchisee shall file with the City Clerk its acceptance of the certificate of franchise and its promise to abide by the provisions, terms and conditions of this ordinance, in writing, duly executed and sworn to by or on behalf of the franchisee before a notary public or other officer authorized by law to administer oaths. Should the franchisee fail to file said written acceptance and promise as above described it shall acquire no rights, privileges or authority under the certificate of franchise.
The franchise certificate relates to the present territorial limits of the city and any other area henceforth added thereto during the term of the certificate.
The franchisee shall not sell nor transfer its grant or system to another person, nor transfer any rights under its certificate of franchise to another person without prior approval by the City Council and no sale or transfer thereof shall be effective until the vendee, assignee or leasee files in the office of the City Clerk a statement duly executed reciting the facts of such sale, assignment or lease accepting the terms of the franchise certificate and agreeing to perform all of the conditions thereof, and said assignee shall have filed all insurance policies, bonds and other documentation required by city; provided that no such filing shall be required in connection with any mortgage or other equivalent transfer in trust by the franchisee, which has been approved by the city, until such time as there is a foreclosure thereunder.
The franchisee agrees to abide by all the provisions of this ordinance and further agrees it will not at any future time set up as against the City Council or the city the claim that the provision that this ordinance is unreasonable, arbitrary or vague. By acceptance of the certificate of franchise the franchisee further agrees that the city shall not waive any of its rights under this ordinance or the certificate of franchise by its failure to timely assert any of those rights or its failure to timely exercise any option afforded by the city pursuant to this ordinance.
Neither the holder of a franchise certificate nor the franchisee hereunder nor any shareholder shall engage in the business of selling, repairing or installing television receivers within the City of Papillion during a term of the certificate of franchise within the franchise area and the franchisee shall not allow any of its shareholders to so engage in such business.
A. 
The right is hereby reserved to the City Council to adopt, in addition to the provisions contained herein and in existing applicable ordinances, such additional ordinances or regulations and amendments thereto as it shall find necessary and in the best interests of the city and its inhabitants.
B. 
The city shall have the right to make inspections of all construction or installation work performed subject to the provisions of this ordinance to insure compliance with the terms of this ordinance and other pertinent provisions of law.
C. 
The city shall have the right to inspect the books, records, maps, plans, income tax returns and other like materials of the franchisee or holder of the franchise certificate at any time during normal business hours.
D. 
At the expiration of the term for which this franchise certificate is granted or upon its termination or cancellation as provided for herein, the city shall have the right to require the franchisee to remove at franchisee's own expense all portions of the CATV system from all public ways within the city.
E. 
After the expiration of the term for which this franchise certificate is granted or after its termination and cancellation as provided herein, the city shall have the right to determine whether the franchisee shall continue to operate and maintain the CATV system pending the decision of the city as to the future maintenance and operation of such system.
The franchisee agrees not to oppose intervention by the city in any suit or proceeding to which the franchisee is a party.
All Federal Communications Commission regulations shall be complied with regarding the carriage of the programs and of any existing or future television broadcasting station which covers the City of Papillion in its principal broadcasting area.
A. 
The franchisee shall render efficient service, make repairs promptly and interrupt service only for good cause and for the shortest time possible. Such interruptions insofar as possible shall be proceeded by notice and shall occur during periods of minimum use of the system.
B. 
The franchisee shall maintain an office in either LaVista, Papillion or Ralston which shall be open during all usual business hours and to maintain sufficient personnel to provide remedial service within 24 hours of any service call and to make final resolution of all complaints within 48 hours, except when the city has been subjected to a disaster or emergency condition.
C. 
The franchisee shall maintain a studio within LaVista, Papillion or Ralston that shall have available equipment for local production and presentation or cable cast programs other than automated services and permit its use for production or presentation of public access programs.
D. 
The franchisee shall maintain production equipment that will be adaptable to one-half-inch video tape.
E. 
The franchisee's system shall be capable of transmitting at least 24 channels for delivery to residential subscribers as soon as the system becomes operable. System shall have the capability of two-way transmission.
F. 
The franchisee shall provide all residential subscribers with basic service with a converter (if such shall be required by the system adopted) for each outlet having a capacity of at least 24 channels.
G. 
As soon as possible, but in no event later than two years from the effective date of the certificate, the franchisee shall, as part of basic service, transmit over the system the signals of all local (Omaha Metropolitan Area) channels, both VHF and UHF, and such other channels as may be required by the FCC or successor agency.
H. 
Initial channel capacity of the system shall include one channel for educational use and one channel for public noncommercial use. Both of which shall contain two-way cable lines to locations of live telecasts.
I. 
The franchisee shall provide basic service as well as transmission capability to one outlet on each floor of city municipal buildings, court house, government sponsored community centers, public library, police and fire stations, public owned day-care centers and public schools located in the city without any charge thereof.
J. 
At those daily time segments which no signals are transmitted on a public channel, the franchisee may utilize such channels for any purpose consistent with the provisions of this ordinance.
K. 
In the event of an emergency situation, as determined by the Mayor, the city may interrupt signals otherwise being distributed by the franchisee for the delivery of signals necessitated by such emergency.
The grantee shall:
A. 
Produce a picture, whether in black and white or in color, that is undistorted, free from ghost images and accompanied with proper sound on typical standard production television sets in good repair and as good as the state of the art allows.
B. 
Transmit signals of adequate strength to produce good pictures with good sound at all outlets without causing cross-modulation in the cables or interfering with other electrical or electronic systems.
C. 
Demonstrate by instruments or otherwise to subscribers that a signal of adequate strength and quality is being delivered.
D. 
Provide, at a price no greater than the cost to the franchisee to each subscriber who desires one, a suitable switch which can be installed in the system in such manner that the subscriber can switch to his own antenna whenever he so desires.
E. 
The facilities used by the franchisee shall be capable of distributing color television signals, and when the signals the franchisee distributes are received in color they shall be distributed in color where technically feasible.
A. 
The rates and charges for television and radio signals distributed hereunder shall be fair and reasonable and no higher than necessary to meet all costs of service, assuming efficient and economical management, including a fair return on the original cost, less depreciation of the properties devoted to such service (without regard to any subsequent sale or transfer or prices for said property). No increase for rates and charges shall exceed the then-current rates and charges by an amount greater than the National Yearly Cost-of-Living Index figure increase as of December 31 of the year immediately prior to the request for an increase in rates and charges as published by the Bureau of Labor Statistics of the United States Department of Labor.
B. 
The franchisee's charges for services to its subscribers shall be in accordance with the schedule of rates approved by the city as set forth in the franchise certificate. The franchisee shall be prohibited from imposing or extracting any charge or charges in excess of those approved by the city. No termination charges shall be permitted. Rates may be altered or raised by the franchisee after the issuance of a franchise certificate only with the approval of the majority of the City Council. Any application for a proposed rate increase by the franchisee shall be filed, in writing, with the City Clerk, together with a statement of the reasons therefor and all data establishing the necessity of such increase. A public hearing shall be held by the City Council within 60 days of the filing of the application for increase in rates. Notice of the public hearing must be given by publication in a newspaper of general circulation in the city at least one time, 10 days prior to the date of the hearing. All notices required herein shall be given by franchisee to the subscribers of record as of the date of the application 10 days prior to the date of the public hearing. Notification shall be by mail and an affidavit of mailing shall be filed with the City Clerk. Any approval or denial of an application for increase in rates shall be by resolution of the City Council; provided that any increase approved by the City Council shall not take effect for a period of 30 days after the signing of the resolution. The resolution shall be published in a newspaper of general circulation in the city within 15 days of date of passage. Franchisee shall reimburse city for all reasonable costs and expenses, including publications costs, accounting and legal fees, incurred by city in connection with any application for a modification or increase in rates.
C. 
All rates, charges and terms and conditions relating thereto shall be nondiscriminatory.
D. 
In the operation of its system the franchisee shall have the right to negotiate with the owners of apartments and other multidwelling units and/or occupants thereof for the purpose of providing both types of services. No contract, however, shall be made which denies an inhabitant of a multiunit dwelling any existing rights he may have to utilize an individual antenna or a master antenna. In no case shall the cost of cable service on a per dwelling basis exceed the service charges as are approved for users residing in single-family dwellings.
E. 
Cable television advisory board. Within 90 days after passage and publication according to law of this ordinance, each City Council of the Tri-Cities shall appoint two citizens of their respective city to serve on an advisory board, not employed or otherwise affiliated with the franchisee, to establish a set of rules for the public access channels and mediate disputes between the franchise and any individual group over program content or conflicts of scheduling, available time, within the limitations of the then applicable Federal Communications Commission regulations or as directed by the Tri-Cities. The duties of the cable television advisory board shall apply to the public access channels as designated above only.
Franchisee shall file with the City Clerk not later than 30 days after the end of each quarterly period a summary report showing the gross revenues received by the franchisee from its operations within the city during the preceding quarter. The city shall have the right to inspect the franchisee's records showing gross receipts from which its occupation tax payments are to be computed and the right of audit and recomputation of any and all amounts paid under this ordinance. No acceptance of any payment shall be construed as a release or as an accord in satisfaction of any claim the city may have for additional sums payable hereunder.
A. 
The franchisee shall file with the City Clerk true and accurate maps and plats of all existing and proposed installations.
B. 
The franchisee shall file annually with the City Clerk, no later than 60 days after the end of the franchisee's fiscal year, a copy of its report to its stockholders, an income statement applicable to its operations during the preceding twelve-month period, a balance sheet and a statement of its properties devoted to CATV operation by categories, giving its investment in such properties on the basis of original cost, less applicable depreciation. These reports shall be prepared or approved by a certified public accountant and there shall be submitted along with them such other reasonable information as the City Council shall request with respect to the franchisee's property and expenses related to its CATV operation within the city.
C. 
The franchisee shall in connection with the filing of its annual report also file with the city a list of its current shareholders and bondholders in the same manner as required by § A210-14A, in respect to the original application and a current affidavit as to lack of conflict of interest which is prohibited by § A210-47 hereof.
It shall be the policy of the city liberally to amend this ordinance, upon application of the franchise, when necessary to enable the franchisee to take advantage of any developments in the field of transmission of television and radio signals which will afford it an opportunity to effectively, efficiently or economically service customers; provided, however, that this section shall not be construed to require the city to make any amendment or to prohibit it from unilaterally changing its policy stated herein.
No pole, wire, cable, underground conduit, manhole or other television conductor or fixture shall be located, erected or placed within the city without first having been approved by the Building Inspector or other person designated by the Council, the application for which shall be in writing showing in detail the location of the same and such other information as may be required.
A. 
All transmissions and distribution structures, lines and equipment erected by the franchisee within the city shall be so located as to cause minimum interference with the proper use of streets, alleys and other public ways and places and to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of said streets, alleys or other public ways and places.
B. 
If at any time during the period of the certificate of franchise the city shall lawfully elect to alter or change the grade of any street, or vacate any street, sidewalk, alley or other public way and, in the event that the city or a gas, water, electric or telephone utility using the street right-of-way deem it necessary, the franchisee, upon reasonable notice by the city, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense.
C. 
Any pole or other fixtures placed in a public way by the franchisee shall be placed in such manner as not to interfere with the usual travel on such public way.
D. 
The franchisee shall, upon request of any person holding a building moving permit issued by the city, temporarily raise or lower its wires to permit the moving of buildings, the expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same, and the franchisee shall have the authority to require such payment in advance. The franchisee shall be given not less than 48 hours advance notice to arrange for such temporary wire changes.
E. 
In all sections of the city where cables, wires or other like facilities of public utilities are placed underground, the franchisee shall place its cables, wires or other like facilities underground to the maximum extent that existing technology reasonably permits the grantee to do so.
F. 
The grantee shall install and maintain its wires, cables, fixtures and other equipment in accordance with the requirements with the National Electrical Code[1] in such manner they will not interfere with any installations of the city or of a public utility serving the city.
[1]
Editor's Note: See Ch. 92, Building Construction and other Construction Codes.
G. 
All structures and all lines, equipment and connections in, over, under and upon the streets, sidewalks, alleys, public ways or places of the city, wherever situated or located, shall at all times be kept and maintained in a safe, suitable, substantial condition and in good order and repair.
H. 
Franchisee shall have available 24 hours per day an on-call person or persons to provide cable locations along with routine and emergency services as necessary.
I. 
Franchisee shall prior to obtaining permits to lay cable obtain from the appropriate utility company their utility locations in order to avoid unnecessary disruptions of any utility service due to damages. In the event that an underground utility is struck during excavation or installation, the franchisee shall immediately notify the affected utility company or companies.
The franchisee at its own cost and expense and in the manner approved by the city shall replace and restore all paving, sidewalks, driveways or surface of any street or alley disturbed, in as good a condition as before the work was commenced and shall maintain the restoration in an approved condition for a period of one year from the date of making the same. Failure of the franchisee to replace or restore such paving, sidewalk, driveway or surface of any such street or alley within 48 hours after completion of the franchisee's work shall authorize the city to cause the proper restoration to be made and the expense thereof to be charged to the franchisee which shall be paid by the franchisee upon demand by the city.
The franchisee shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks and public places of the city so as to prevent the branches of such trees from coming in contact with the wires and cable and other television conductors and fixtures of the franchisee, all trimming to be done under the supervision and direction of the city and the expense of the franchisee.
Should it become necessary to shut off or interrupt service for the purpose of making repairs, adjustments or installations, the franchisee shall do so at such time and in such way as will cause the least amount of inconvenience to as few of its customers as possible, and unless such interruption is unforeseen and immediately necessary, it shall give reasonable notice thereof to its customers.
Upon termination of any service to any subscriber, the franchisee shall promptly remove or abandon all its facilities and equipment from the premises of such subscriber upon subscriber's request.
A. 
The city shall not and does not by reason of this ordinance or the granting of a franchise or certificate of franchise assume liability of the franchisee whatsoever for injury or loss to person or property.
B. 
The franchisee shall pay and by its acceptance of the certificate of franchise specifically agrees it will pay all damages, losses and penalties which the city may legally be required to as a result of granting a franchise certificate. Those damages, losses or penalties shall include, but shall not be limited to, damages arising out of copyright infringements and all other damages arising out of the installation, operation or maintenance of the CATV system authorized herein, and all broadcasting or other transmission thereover or through, whether any act or commission complained of is authorized, allowed or prohibited by this franchise.
Within 30 days after effective date of this franchise the grantee shall post a performance bond in favor of the city of Papillion, Nebraska, in the amount of $50,000 as security for the faithful performance by it of all provisions of this ordinance, in compliance with all orders, permits and directors of any agency of the City of Papillion which arise by reason of the construction, operation or maintenance of the system.
A. 
The bond shall be in the form of such surety as may be approved by the City Attorney.
B. 
The performance bond posted shall become the property of the city in the event that the franchise is canceled by reason of default of the grantee. Upon application to and affirmative finding by the City Council, the grantee shall be entitled to the return of the performance bond upon the grantee's compliance with all requirement, rules and regulations in the construction and installation of the system.
C. 
In addition, the franchisee shall maintain and by its acceptance of the certificate specifically agree that it will maintain throughout the term of this franchise a faithful performance bond with the city, approved by the city in the penal sum of $50,000 with the condition that the franchise shall well and faithfully observe and fulfill and perform each term and condition of this franchise and that in case of any breach of condition of the bond, the amount thereof shall be recoverable from the principal and sureties thereof by the city for all loss or damages resulting from the failure of the franchise to well and faithfully observe and/or perform any provision of this ordinance.
Except for any liability which may accrue to the city with regards to its own programming on any city channel, the franchisee shall indemnify and hold the city, its agents and employees harmless from all liability, loss, damage, cost or expense, including reasonable attorney fees, arising from claims for injury or loss to person or loss or damage to property occasioned by reason of any conduct undertaken by reason of this ordinance irrespective of any negligence or fault of the city, its agents or employees.
Within 30 days after the effective date of the granting of a certificate, the franchisee shall file with the City Council and maintain on file throughout the term of franchise a general comprehensive liability insurance policy issued by a company duly authorized to do business in this state and acceptable to the city, insuring the city and franchisee with respect to the installation, operation and maintenance of the system.
A. 
Bodily injury including death and property damage liability in the minimum amount of $500,000 per person and $1,000,000 per occurrence. In addition the franchisee must provide appropriate worker's compensation insurance as provided by applicable state statutes. All insurance required hereunder shall be kept in force by the franchisee for the entire life of this franchise, and the franchisee shall submit to the city certificates of such insurance with provision that there be no cancellation or change in any policy of insurance except after 30 days' written notice to the city.
B. 
Except for any liability which may accrue to the city with regard to its programming on any city channels, the franchisee shall indemnify and hold the city harmless from all liability, loss, damage, cost or expense, including reasonable attorneys' fees, arising from any claim against the city which it may be legally required to pay as a result of granting of a CATV franchise or certificate of franchise or from the operation conducted by the franchisee. The damages and penalties shall include, but shall not be limited to, copyright infringements and all other damages arising out of the installation, operation or maintenance of the system authorized whether or not such act or omission complained of is allowed or prohibited by this ordinance.
C. 
The franchisee's professional liability insurance (broadcaster's liability) shall include as additional insured the City of Papillion, Nebraska.
A. 
The franchisee shall maintain an operative system and render efficient service as good as the state of the art allows. Failure of the franchisee, its successors or assigns to comply with the conditions herein set forth or in the event the franchisee, its successors or assigns is, or shall hereafter become, subject to the jurisdiction of the Federal Communications Commission or similar regulatory body, and the franchisee, its successors or assigns, shall fail to comply with the rules and regulations, orders or conditions of any such regulatory body having jurisdiction of the franchisee, its successors or assigns as aforesaid, and said rules, regulations, orders or conditions are unappealed from, or are appealed from and become final, then the city shall have the right to terminate the franchise certificate after written notice to the franchisee and continuance of such violation, failure or default for a period of more than 90 days after receipt by the franchisee of such notice; provided, however, that before the certificate may be terminated and canceled the franchisee must be provided with an opportunity to be heard before the City Council.
B. 
In addition to all the rights and powers pertaining to the city by virtue of this ordinance or otherwise, the city reserves the right to terminate and cancel the certificate and all rights and privileges of the franchisee hereunder in the event franchisee:
(1) 
Violates any provision of this ordinance or any rule, order or determination by the City Council made pursuant to this ordinance except where such violation other than Subsection B(2) below is through no fault of the franchisee.
(2) 
Becomes insolvent, unable or unwilling to pay its debt or is adjudged bankrupt or makes an assignment for the benefit of creditors or is placed in the hands of a receiver.
(3) 
Attempts to evade any of the provisions of this ordinance or practices any fraud or deceit upon the city.
(4) 
Fails to apply to the Federal Communications Commission for a certificate of compliance within 90 days from the effective date of granting the certificate of franchise.
(5) 
Fails within nine months of the granting of a certificate of franchise to file with the City Clerk a plan of its distribution system including a complete drawing of proposed routes together with duly executed underground utility or pole attachments agreements with the other appropriate utility companies.
(6) 
Fails to within one year following Federal Communication Certification to timely construct or otherwise provide a permanent studio as required by § A210-24C of this ordinance as well as its cable casting facility.
(7) 
Fails to, within one year following the granting of a certificate of franchise, extend energized trunk cable to at least 20% of the City of Papillion as it corporate limits exists as of the date of the granting of the certificate of franchise.
(8) 
Fails to within 24 months after the granting of a certificate of franchise to fully complete the installation of a CATV system serving the entire City of Papillion and in accordance with all of the terms and provisions of this ordinance and with the certificate of franchise.
(9) 
Fails within 12 months of the date of annexation of another area to the City of Papillion the franchisee shall have completed construction and installation of an energized trunk cable to that area defined by the annexation ordinance.
(10) 
Makes any misstatement of a material fact in its application to city or in any subsequent report or other filing by applicant with city.
(11) 
Shall lose through revocation or otherwise the CATV franchise issued to it by either of the other Tri-Cities.
Upon failure of the franchisee to well and faithfully observe and/or perform all the provisions of this ordinance or franchise, the City Council, after notice and hearing as provided, may declare the franchise forfeited and thereupon the franchisee shall have no further right or authority thereunder. If the City Council shall have caused to be served upon the franchisee a notice of violation of any provision of this ordinance or franchise agreement or of Neb. R.R.S. §§ 18-2201 through 18-2205, with directions to correct such violation within 90 days or show cause at a public hearing held at a meeting of the City Council, why such violation should not be corrected, and the franchisee shall neither have corrected the violation within 90 days nor shall have shown cause why the violation should not be corrected, then the City Council may set for hearing a proposal to forfeit the franchise because of such violation. Written notice of such hearing, wherein the ground for such proposed forfeiture shall be stated, shall be served by the City Clerk, or his appointee, by delivery to the franchise or mailing to the franchisee by certified mail addressed to the last known business address, a copy of such notice not less than 30 days prior to the hearing. If, after such a hearing, the City Council shall declare this franchise forfeited, the rights of the franchisee and the city, respectively, with respect to the removal and ownership of the franchisee's plant, structures and equipment shall be the same as if the franchise had expired by lapse of time as provided in § A210-43.
Upon expiration of the franchise the franchisee shall continue to maintain and operate the CATV system and provide service to the customers thereof for a period of 180 days after expiration of the franchise with the same rights, duties and liabilities as if the franchise had been extended for such period, unless the City Council shall have granted to a third party a franchise to maintain and operate its CATV system as provided in this section, the franchisee, may within six months thereafter, enter upon the public ways and public places of the city for the purpose of removing therefrom any or all of the franchisee's plant, structures and equipment. In so removing such plants, structures and equipment the franchisee shall refill, at its own expense, any excavation that shall be made by it and shall leave such public ways and places in as good condition as that prevailing prior to the franchisee's removal of its plants, structures and equipment without affecting, altering or disturbing in any way the utilities distribution system or telephone cables, wires or attachments on any pole. The City Engineer, or his appointee, shall inspect and approve the condition of such public ways and public places and cables, wires, attachments and poles after removal. Liability insurance and indemnity provided in § A210-40 hereof shall continue in full force and effect during the entire period of removal. Any property of the franchisee which the franchisee shall not have removed within the time limited in this section shall become, without expense to the city, the property of the city.
A. 
Upon the revocation of the certificate of franchise by the city or at the end of the term of this franchise, the city shall have the right to determine whether the franchise shall continue to operate and maintain its distribution system pending the decision of the city as to the future maintenance and operation of such system and to fix the terms and conditions thereof.
B. 
No certificate of franchise granted pursuant to this ordinance shall contain a provision which, directly or indirectly, would give the city any reversionary interest in the ownership and/or operation of the system unless authorized by a majority of the voters of the city voting upon the question except for the voluntary exercision of the following option herein provided for.
It is the very essence of any certificate of authority issued to a franchisee and the contract created by its acceptance thereof that the requirement herein that franchisee shall have timely and fully completed several stages of construction and/or acquisition of facilities and energized cable within the time frame specified in § A210-41B of this ordinance. Damages occasioned to the city by franchisee's failure to complete the construction/acquisition and energizing of the system within the time specified are difficult to measure and are expensive and time consuming to prove. Therefore, if the franchisee fails to timely and fully complete any of the stages of construction and/or acquisition of facilities and/or the energizing of the cable within the several time frames specified in § A210-41B of this ordinance then the franchisee shall pay to the city the sum of $50,000 as agreed upon liquidated damages and not as a penalty. The performance bond posted by the franchisee shall stand as security for payment of said liquidated damages. In addition to the foregoing liquidated damages for delay in performance, city reserves all rights and remedies it may have against franchisee for breach of contract.
City's failure or delay in the exercise of any of its rights or remedies upon a default of the franchisee shall not be construed to be a waiver of the city's rights or remedies in respect to said default or respect to any subsequent default.
A. 
No Mayor, City Councilperson, member of any committee created by the city or the Tri-Cities to advise in respect to or monitor CATV franchises, City Administrator, or City Attorney or any member of their immediate families of the Tri-Cities shall own, directly or indirectly, any ownership interest in a franchisee or in any parent, affiliated or subsidiary corporation or franchisee with the franchisee.
B. 
This provision shall not be construed to prevent franchisee's employee who has no ownership interest in such franchisee from serving as an elected official of the city or of either of the other Tri-Cities.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held 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.