Ord 1784COUNCIL BILL N0. 678
ORDINANCE N0. 1784
AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO NORI'I3L~AND
COI~iUNICATIONS CORPORATION TO OPERATE AND MAINTAIN A CON~IUNITY AINTENNA
TF~EVISION SYSTEM IN THE CITY OF WOODBURN AND DECLARING AN EMERGENCY.
THE PEOPLE OF THE CITY OF WOODBURN DO ORDAIN:
Section 1. Short Title. 'T'his orclinance shall be known as the
"Cable Television Franchise Ordinance",
Section 2. Definitions. For the purpose of this ordinance,
the follaaing terms 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 include the singular and words in the
singular include the plural. The word "shall" is always mandatory and
not merely directory.
(1) "City" is the City of Woodburn, Oregon.
(2) "G~panY" is the grantee of rights under this franchise,
including its successors or assigns.
(3) "Cam~non Council" is the Common Council of the City of
Woodburn, Oregon.
(4) "Person" is any person, firm, partnership, association,
corporation, company or organization of any kind.
(5) "Technical facilities" or "facilities" shall mean all
real property, equipment and fixtures used by Company in the
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ORDINANCE N0. 1784
distribution of its services through its system, whether located in City
or out, and includes but is not limited to poles, cables, wires,
microwave transmitters, antennas, amplifiers, etc.
~6) "Television System services" or "system services" or
"services" shall mean all of the services provided by Company or
available to Company to provide through its technical facilities by the
grant of this franchise, and shall include but not be limited to the
distribution of television and radio signals.
Section 3. Grant of Authority. City grants to Northland
Con~rn~nications Corporation the right and privilege to construct, erect,
operate and maintain, in, upon, along, across, above, over and under the
streets, alleys, public ways and public places now laid out or
dedicated, and all extensions thereof, and additions thereto, in the
City, poles, wires, cables, conduits and other technical facilities
necessary for the construction, maintenance and operation in the City of
a community television system for the interception, sale and
distribution of television system services. This franchise is not
exclusive, and the City reserves the right to grant a similar use of
streets, alleys, public ways and places to any other person at any time
during the period of this franchise.
Section 4. Compliance with Laws, Rules and Regulations. At
all times during the term of this franchise Gxr~any shall comply with
all applicable laws, rules and regulations of the United States of
America, the State of Oregon and the City of Woodburn, including all
agencies and subdivisions thereof. Company shall be subject to the
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ORDINANCE N0. 1784
lawful exercise of the police pacer of City and to such reasonable
regulations as City may from time to time hereafter by resolution or
ordinance provide.
Section 5. Company Liability, Inde~ification of City and
T,n n~ ~r-~v~~~
(1) Company shall at all times conduct its operations under
this franchise, including installation, construction or maintenance of
its facilities, in a safe and workmanlike manner so as not to present a
danger to the public or City.
(2) Company shall pay, save harmless and indemnify City from
any loss or claim against City on account of or in connection with any
activity of Company in the construction, operation or maintenance of its
technical facilities and system services.
(3} This franchise shall not be effective until Company
complies with Section 8 of Ordinance No. 1766, and shall at all times be
conditioned upon Company maintaining a comprehensive liability insurance
policy which shall contain the following provisions:
(a) Combined bodily injury and property damage policy
limits of $1,000,000 for each person and $1,000,000 for each
occurrence.
(b) An endorsement for completed operations coverage.
(c) A designation of City, its officers, agents and
employees, as additional insureds for liability arising from
or in connection with this franchise.
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ORDINANCE N0. 1784
(4) Upon filing acceptance required, the grantee shall, at
his sole e;~pense, obtain, file with the City and, unless otherwise
authorized by the Common Council, thereafter maintain during the full
term of such franchise or any renewal thereof plus an additional six
months thereafter, a corporate surety bond or other adequate surety
agreement in such form and amount, not less than the penalty sum of one
hundred thousand ($100,000) dollars, as shall have been approved by the
City Attorney,
(5) A certificate evidencing insurance as described in this
ordinance shall be deposited with City.
Section 6. Minimum funding requirement. Prior to
c~nencement of construction, if the limited partnership of Company has
not reached minimum funding, an escrow account in an amount equal to the
minimum funding (of the limited partnership) shall be established under
the direction of the City Administrator.
Section 7. System Standards. For the term of this franchise,
Company shall construct, operate and maintain its technical facilities
and provide system services as follows:
(1) Company shall provide its subscribers within the City
good quality television and radio reception, station selection and other
system services within the limits of its technical facilities; and
(2) Company shall maintain and improve the technical
facilities of its system according to generally accepted practices and
standards in the cable television industry and according to the
technical requirements of providing improved system services to Woodburn
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ORDINANCE N0. 1784
(Company's obligation to improve its technical facilities shall not
extend to extraordinarily costly improven~nts developed in the industry
if the cost of such improvements would impair a reasonable return on
Ccm7pany's investment for the services Company provides); and
(3) Company shall make available to its subscribers all
signals, stations and system services available within the limits of the
system's technical facilities; and
(4) Company shall proceed with construction and rendering of
service in the manner and within the times set forth in Section 23 (b)
and (c) of Ordinance 1766, except that the references therein to
"grantee" are to "Company" herein and the reference to "franchise" is to
the Company's proposal to City.
Section 8. Company Files. Company shall have authority to
pronn~lgate such reasonable rules and regulations governing the conduct
of its business as shall be reasonably necessary to enable the Company
to exercise its rights and perform its obligations under this franchise,
and to assure uninterrupted service to its customers. Company rules and
regulations shall be subject to the provisions of this ordinance and any
other governmental regulations.
Section 9. Conditions on Street Occupancy.
(1) Use. All transmission and distribution structures, lines
and equipment erected by the Ccx~pany 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
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the rights or reasonable convenience of property owners who adjoin any
of the streets, alleys or other public ways or places.
2 Restoration. In case of any disturbance of pavement,
sidewalk, driveway or other surfacing by Gampany, the Company shall, at
its awn cost and expense and in a manner approved by the City, replace
and restore all paving, sidewalk, driveway or surface of any street or
alley disturbed, in as good a condition as before the disturbance. If
Company fails to make restoration as required, City shall cause the
repairs to be made at the expense of Company.
(3) Relocation. If at any time during the period of this
franchise City shall lawfully elect to alter, or change the grade of,
any street, alley or other public way, the Company, upon reasonable
notice by the City, shall remove and relocate its poles, wires, cables,
underground conduits, manholes and other technical facilities at its awn
e;~perise.
(4) Placement of Fixtures. The Company shall not place its
technical facilities where they will interfere with any gas, electric or
telephone fixture, sewer or water facility. All facilities placed in
the street shall be placed as the City directs.
{5) Temporary Rearrangement of Facilities. Company shall
upon receipt of seven days written notice from anyone desiring to move a
building or other object according to City ordinances regulating the
moving of buildings arrange to temporarily raise, lower or otherwise
move its facilities to permit the moving of buildings or other objects
if the person wishing to move the building or other object makes a
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ORDIrJANCE N0. 1784
reasonable arrangement to reimburse Company for its expenses in
rearranging its facilities.
(6) Tree Trimming . The Con~any may trim trees upon or
overhanging streets, alleys, sidewalks and public places of the City so
as to prevent the branches from coming in contact with the facilities of
Company, all trin~ning to be done under the supervision of the City and
at the expense of the Company.
Section 10. Discriminatory Practices Prohibited. Con~any
shall make its system services available to all citizens of City without
discrimination and shall not give any preference or advantage not
available to all persons sinularly situtated.
Section 11. Extension of System Services. Company shall
extend the services of its system to all citizens of City within the
limits of the system's technical facilities.
Section 12. Transfer of Franchise. Company shall not sell,
assign, dispose of or transfer in any manner whatsoever any interest in
this franchise or in the technical facilities used with this franchise,
nor transfer or permit transfer of controlling interest in Company
without prior written approval of the Com~on Council.
Section 13. City Rights in Franchise.
(1) Use of System by City. City shall have the right to use
Company's technical facilities without service charge for police and
fire alarm systems or any other City-awned facilities of any nature.
City use of Company facilities shall at all times conq~ly with the rules
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ORDINANCE N0. 1784
and regulations of Company, and shall not compete or interfere with
Company's use.
(2) City Supervision and Inspection. The City shall have the
right to supervise all construction or installation of Company
facilities subject to the provisions of this ordinance and to make such
inspections as it shall find necessary to insure compliance with
governing laws, rules and regulations.
(3) Termination or Abandonment of Franchise. Upon any
termination of this franchise, whether before the expiration of the
franchise or upon expiration, or by any abandonment of the franchise by
Company, all technical facilities installed or used by Con~any shall be
removed by Company at Carnpany's expense and the property upon which the
technical facilities were used restored by GampanY to the condition it
was in before installation or use by C~npany, except that City or its
designee shall have the following options after termination:
(a) City or its designee may elect to acquire all of
Company's technical facilities, including Company's microwave
and other facilities outside City, for their then fair market
value, or
(b) City or its designee may elect to acquire G~pany's
technical facilities within the City, and those technical
facilities immediately outside the City which are used to
receive the microwave or other signals, but excluding the
microwave transmission facilities, for their then fair market
value.
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(c) "Fair market value" shall be determined in
accordance with Section 4 (c) of Ordinance No, 1766.
Section 14. Franchise Fee.
(1) As compensation for the franchise granted by this
ordinance, Company shall pay to City an amount equal to three percent of
the gross receipts collected by Company for its system services to
customers served by this franchise. Gross receipts shall include all
amounts collected by Company from customers served under this franchise,
including but not limited to system's service charges and charges for
installation or connections for customer service.
(2) The fee required by this section shall be due and payable
on or before the 15th day of each month for the preceeding month.
(3) With each payment Company shall furnish the City
Recorder-Treasurer with a written statement under oath, executed by an
officer of Company, verifying the amount of gross receipts of Company
within the City for the period covered by payment computed on the basis
set out in subsection (1) of this section.
(4) City's acceptance of any payments due under this section
shall not be considered a waiver by City of any breach of this
franchise.
(5) Company shall pay City four percent of the gross receipts
collected by Ccxt~pany for microwave relay services and other services to
other CATV systems or any other person who distributes services like
Company to ultimate subscribers. If G~any does not charge such other
CATV system or person for Company microwave relay or other services, or
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ORDINANCE N0. 1784
if Con~any i-urnished these services to a corporation or other person
wholly or partly armed by Company, then City shall receive four percent
of the fair market value of these services. The services described in
this subsection as subject to this four percent charge do not include
services to subscribers or other such ultimate users of the services.
Section 15. Rate Schedule.
~1) The follaving rates will be charged:
Basic Service Installation I~nthly
Basic primary outlet
Additional outlet
Reconnection or Relocation
FM outlet
Premium Service
Premium primary outlet
Additional outlet
Reconnection or Relocation
FM outlet
Pav Television Service
~o
Movie Channel
Galavision
Additional Outlet
Parental lock-out device
$25.00 2/
10.00 1/
15.00
10.00 1/
Installation
$25.00 2/
10.00 1/
15.00
10.00 1/
T~r~..,,, .,~.;,,r3/
$2o.ao
20.00
20.00
20.00
Available at cost,
refundable upon
return of device.
$7.75
2.75
N/A
2.75
l~nthly
$8.95
2.75
N/A
2.75
Monthly
$8.50
8.50
8.50
2.75
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ORDINANCE N0. 1784
1/ No charge if done at the same time as regular
installation.
2/ Installation charges will be significantly discounted for
all potential subscribers for 90 days from the time
service is first available to that potential subscriber.
3/ No charge to the customer if installation of one or more
of these services is done at the same time as basic or
premium service.
(2) City and Company agree that the rates provided in
subsection (1) of this section are reasonable compensation to Company
for the services rendered and that the term "reasonable compensation"
may be hereafter defined at the discretion of the City after a study and
consideration of the national figures for similar services as affected
by local conditions.
(3) City, either upon its own motion or upon request of
Company, may at any time during the period of this franchise by
ordinance change the rate structure if changes are necessary in the best
interests of the City and Corr~any's subscribers, and are fair and
reasonable compensation to G~mpany for the services being rendered.
Section 16. Company Records and Reports. Company shall keep
accurate books of accounts at an office within the State of Oregon
throughout the term of this franchise. C~any shall produce its books
of account for inspection by City at any time during normal business
hours and City may audit Company's books from time to time. City may
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require periodic reports from Company relating to its operation and
revenue within the City.
Section 17. System Data. Company shall maintain at an office
located in the Woodburn Urban Growth Area all current maps and other
operational data relating to its system operations in the City of
Woodburn. The City may inspect these maps and data at any time during
normal business hours.
Section 18. Permit and Inspection Fees. Nothing in this
ordinance shall be construed to limit the right of City to require
G~mpany to pay reasonable costs incurred by City in connection with the
issuance of a permit, making an inspection, or performing any other
service for or in connection with Company or its facilities, whether
pursuant to this ordinance or any other ordinance or regulation now in
effect or hereafter adopted by the City.
Section 19. Termination of Franchise. Upon the failure of
Company, after sixty days notice and demand in writing, to perform
promptly and fully each and every term, condition or obligation imposed
upon it according to this ordinance, the Com~non Council may, at its
option and in its sole discretion, which discretion shall be reasonably
applied, by ordinance or resolution, terminate this franchise in
accordance with Section 4, Ordinance No. 1766.
Section 20. Remedies not Exclusive; waiver. All remedies
under this ordinance, including termination of franchise are cumulative,
and recovery or enforcement of one is not a bar to the recovery or
enforcement of any other remedy. Remedies contained in this ordinance,
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including termination of the franchise, are not exclusive and the City
reserves the right to enforce penal provision of any ordinance and also
use any remedy available at law or in equity. Failure to enforce any
provision of this ordinance shall not be construed as a waiver or a
breach of any other term, condition or obligation of this ordinance.
Section 21. Franchise Term. This franchise is granted for a
term of 10 years. C~any shall have an option to renew this franchise
ordinance for another 10 years upon the following terms and conditions:
Company shall not be in default in its performance of any of the terms
or conditions of this franchise, and shall be providing good system
services as determined by the system review standards.
Section 22. Emergency Use of Facilities. City may use
Company's facilities during local emergencies for purposes of advising
City's citizens in connection with the emergency.
Section 23. Acceptance of Franchise, within thirty days from
the effective date of this ordinance, Company shall file with the City
Recorder/Treasurer a written unconditional acceptance of this franchise
and all of its terms and conditions, and if they fail to do so this
ordinance shall be void and of no effect.
Section 24. Constitutionality. If any section, subsection,
sentence, clause or portion of this ordinance is for any reason held
invalid or rendered 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
constitutionality of the remaining portion hereof. It for any reason
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the franchise fee is invalidated or amended by the act of any court or
governmental agency then the highest reasonable franchise fee allowed by
such court or other governmental agency shall be the franchise fee
charged by this ordinance.
Section 25. Emergency Clause. This ordinance being necessary
for the immediate preservation of the public peace, health and safety
because of the limited construction season for the improvement of
Company's facilities, an emergency is declared to exist and this
ordinance shall take effect upon its passage and approval by the Mayor.
APPROVID AS TO FORM: ,,~ ~ ,, ~ ----, , ~~, ~~ ~ ~ ~ ~~ ~~
qty A'~t ey ~ dat~'e
-~ ,~
~.~-
APPROVED: ~ ~ ~~
E. WAL LAWSON,
MAYOR
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
July 19, 1982
July 20, 1982
July 20, 1982
July 20, 1982
Attest: ~, ~ ~ ~t~
e 0, i Rec r
o der
Ci y of Woodburn, Oregon
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ORDINANCE N0.1784
I, BARNEY 0. BURRIS, Recorder of the City of Woodburn, Oregon, do
hereby certify that I caused to be posted three copies of
Ordinance No. 1784, one of which said copies posted in City Hall
on the bulletin board adjacent to the Recorder's Office, in full
view of the traveling public; a second one of said copies posted
on the bulletin board in the Woodburn Public Library, 280 Garfield
Street, in full view of the traveling public; a third one of
said copies posted on the bulletin board at the Woodburn Community
Center, 491 N. Third St., in full view of the traveling public;
that all of said places are public places within the corporate
limits of the City of Woodburn and all of said copies were posted
on the 20th day of July 1982.
~,
arney 0 8u ris, Recorder
City of Woodburn, Oregon