HomeMy WebLinkAbout01 28 1985 Ord. 262PROOF OF PUBLICA'dON
STATE OF IDAHO
ss.
County of Bannock
CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 262
AN ORDINANCE OF THE CITY OF
CHUBBUCK, REPEALING FORMER
CABLE T.V. NOS. 76, 84 AND 158 AND
RE-ENACTING A NEW CABLE T.V.
FRANCHISE ORDINANCE.
The principal provisions of the ordinance
are summarized as follows:
/The ordinance grants a non-exclusive
franchise for the operation of a cable
Communications system in the City of
Chubbuck to Group W Cable, Inc.; adopts
definitions; establishes a Chubbuck area
cable commission and its authority; au-
thorizes the City Council to jointly estab-
lish an area cable commission to supplant
the Chubbuck area cable commission;
Provides for channel Capacity, basic serv-
e ice and service to -institutions; provides
that the City of Chubbuck reserves limit-
ed rate regulation authority; establishes.
areas of rate regulation and procedure;
Prohibits discriminatory and preferential
practices; provides for disconnection for
failure to pay and procedures to be
filiowed prior to disconnection; and pro-
vides for advertising promotions.
The ordinance further provides for the
extension of service; requires and pro-
vides for service availability, service to
individual subscribers from existing sys-
tems, additional extensions of service,
underground extension of systems, aerial
extension of systems, and extension of
service by agreement.
The ordianance provides for compliance
With construction and technical standard;
Provides for performance evaluation ses-
sions, including frequency, topics and
notice; provides for use of public ways
and establishes procedures for street
opening or obstructions, undergrounding
and police use, restoration and repair of
streets, the City's use of streets, tree -
trimming, the City's use of poles, equip-
ment maintenance, temporary removal of
facilities, maps and records, emergency
removal of facilities, and alternatate
routing of facilities.
The ordinance provides for payment to
the City in the form of a franctlise fee
totaling 3% of the franchisee's gross
annual revenues; establishes a payment
schedule; provides for late penalty, veri-
fication of amount due, and payment to
the -City of a fee for the support of
community access channels; and pro-
vides that all compensation paid to the
City shall not be ragarded as a credit
against any taxes or other fees.
The ordinance provides for public liabili-
ty insurance, reimbursement of cost,
notice of cancellation or reduction in
coverage, evidence of insurance to be
filed with the City, no waiver of letter of
credit, and the franchisee's right to de-
fend.
The ordinance also provides for the fran-
chisee's responsibility to the public relat
ing to repair, removal of facilities upon
request, complaint procedures and inqui-
ries, maintenance. of service, monitoring
cable tapping prevention, prohibiting sale
of subscriber lists, grant the franchisee's
rules and regulations, equal employment
compliance, prohibiting censorship, and
Fr prohibiting sale service or repair of
television receivers by the franchisee.
The ordinance provides for franchisee to
submit reports and records annually,
establishes the number of copies and the
cost and documentation of reports.
The ordinance provides for City-wide
solicitation by the franchisee; provides
for the time of duration and renewal of
the franchise; provides for forfeiture and
termination of the franchise; provides for -
a change of ownership relating to trans-
fers and assignments; imposes mandato-
Sandra K. F.era1d
being first duly sworn on oath deposes and says: That
she
was at all times herein mentioned a citizen of the United States of Ameri-
ca, more than 21 years of age, and the Principal Clerk of THE IDAHO
STATE JOURNAL, a daily newspaper, printed and published at Pocatello,
Bannock County, Idaho, and having a general circulation therein.
That the document or notice, a true copy of which is attached, was
published in the said IDAHO STATE JOURNAL, on the following dates,
to -wit:
JanuaryT 28
19_
19
19
19_
WD)♦
, 19
_ 19
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19
That said paper has been continuously and uninterruptedly published
in said County for a period of seventy-eight weeks prior to the publication
of said notice or advertisement and is a newspaper within the meaning
of the laws of Idaho.
Subscribed and sworn to before me this 31 st
day of Ja nua ry , 19 _s5_5
Notary Public, State of Idaho
Residence: Pocatello, Idaho