HomeMy WebLinkAbout1989 - 1990 United Artists CableVNITED CABLE TELEVISION ►CSR
OF TREASURE VALLEY
8400 Westpork Street
Boise, Idaho 83704
(208) 375-8288
HAND DELIVED
April 19, 1989
To the City of Meridian;
The attached Financial Statements are respectively submitted
for your perusal:
o Balance Sheet
o Income Statement
o Statement of Changes in Financial Position
Financial documents are prepared as of December 31, 1988 and
are submitted in compliance in terms and conditions of our
Franchise Agreement.
If there are any questions or concerns please feel free to
contact my office. Thank you for the time and courtesies you
have afforded us.
Respectfully,
Wayne H. Watson
General Manager
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I am in receipt of the Financial Statements dated January 1,
1988 to December 31, 1988 for United Cable Television of Treasure
Valley.
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R ceived By D to
UN/TED CABLE TELEVISION MDQ
United Cable Television Corporation
Western Division
4700 South Syracuse Parkway
Denver, Colorado 80237
(303) 779-5999
April 14, 1989
To the City of Meridian:
I have prepared the balance sheet of the City of Meridian portion
of United Cable Television of Treasure Valley, a division of
United Cable Television Corporation at December 31, 1988, and the
related statements of income and changes in financial position
for the year then ended.
It is not possible to specifically identify each capital cost or
operating expense of United Cable Television of Treasure Valley
as benefitting a particular community. The allocation of capital
costs and operating expenses to the Meridian portion of United
Cable Television of Treasure Valley was performed as described in
the notes to the financial statements.
I am not independent with respect to the City of Meridian portion
of United Cable Television of Treasure Valley and the
accompanying balance sheet as of December 31, 1988, and related
statements of income and changes in financial position for the
year then ended. I therefore do not express an opinion with
regards to the balance sheet and statements of income and changes
in financial position.
Valerie Cover, CPA
Assistant Controller
CITY OF MERIDIAN PORTION OF
UNITED CABLE TELEVISION OF TREASURE VALLEY
Balance Sheet
December 31, 1988
(Unaudited)
ASSETS
Cash
Accounts receivable, less allowance for
doubtful receivables of $600
Prepaid expenses and other assets
Investment in cable television system:
Property, plant and equipment:
Distribution system
Land
Buildings
Vehicles
Other
Less accumulated depreciation
Net property, plant and equipment
Deferred permit costs, net of
accumulated amortization of $7,665
Total investment in cable television
system
Total assets
LIABILITIES AND DIVISION EQUITY
Liabilities
Accounts payable
Subscriber prepayments
Accrued liabilities
Lease payable
Total liabilities
Division Equity
Division Equity
Total liabilities and division equity
$ 1,350,503
7,998
36,146
31,359
30,245
1,456,251
( 814,452)
641,799
11,559
1,914
2,146
61,503
7,092
$ 26
19,312
10,975
653,358
$ 683,671
72,655
611,016
$ 683,671
The accompanying notes to financial statements are an integral part of
this Balance Sheet.
CITY OF MERIDIAN PORTION OF
UNITED CABLE TELEVISION OF TREASURE VALLEY
Income Statement
For the Year Ended December 31, 1988
(Unaudited)
Revenues
Operating expenses
Operating income before interest,
depreciation and amortization
Other expense (income)
Interest expense
Depreciation and Amortization
Other
Total other expense
Net income before income taxes
Income Tax Benefit
Net income
$ 69,764
88,655
( 72)
$ 465,614
268,892
196,722
158,347
38,375
( 574)
$ 38,949
The accompanying notes to financial statements are an integral part of
this statement.
CITY OF MERIDIAN PORTION OF
UNITED CABLE TELEVISION OF TREASURE VALLEY
Statement of Changes in Financial Position
For the Year Ended December 31, 1988
(Unaudited)
SOURCES OF CASH:
Operations
Net income
$ 38,949
Items not requiring cash
Depreciation and amortization
88,655
Total sources from operations
127,604
Increase in lease payable
1,791
Change in receivables, payables
accruals and other, net
63,476
Total sources
192,871
USES OF CASH:
Purchase of property, plant & equipment 108,766
Decrease in Division Equity, exclusive
of Net Income 84,104
Total uses 192,870
Increase in cash $ 1
CITY OF MERIDIAN PORTION
OF
UNITED CABLE TELEVISION OF TREASURE VALLEY
(An Operating Division of a United Cable Television Corporation Subsidiary)
Notes to Financial Statements
(Unaudited)
December 31, 1988
1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Basis of Financial Statement Presentation
United Cable Television of Treasure Valley (the "Division") is a
division of United Cable Television Corporation ("UCTC"). Separate
accounting records are maintained on a consistent and uniform basis
for each UCTC division. To the extent practicable, the records of
each operating division are based on income and expense directly
applicable to the respective operating division. Certain services
are provided for the operating divisions by UCTC because UCTC can
provide them more economically than can the individual operating
divisions. The costs of such services are allocated to the various
operating divisions on a substantially consistent basis, with all cost
savings passed to the operating divisions and UCTC realizing no net
earnings as a result of these allocations.
The Division operates franchise agreements which serve the communities
of Boise, Nampa, Caldwell, Eagle, Meridian and certain unincorporated
portions of Ada and Canyon counties. For record keeping purposes the
Division is considered as one accounting entity. For financial
statement presentation for the City of Meridian Portion of United
Cable Television of Treasure Valley, total account balances for the
Division have been allocated on the following basis:
Balance Sheet - All amounts have been allocated based on
miles of plant (within the city of Meridian) at December 31, 1988
to total plant miles for the Division.
Income Statement All amounts have been allocated based on
the number of subscribers (within the City of Meridian) at
December 31, 1988 to total subscribers for the Division.
Property, Plant and Equipment
In November, 1981, the Financial Accounting Standards Board issued a
statement entitled "Financial Reporting by Cable Television
Companies". The system has adopted the provisions of this statement.
Depreciation is determined on a composite basis using the
straight-line method over the following estimated service lives:
Buildings.................................20-25 years
Distribution System and Equipment.. 8 to 12 1/2 years
Transportation Equipment ..... ................4 years
Other property, plant and equipment .......... 10 years
Total depreciation expense for the year ended December 31, 1988 was
$87,411. Replacements, renewals and improvements are capitalized and
maintenance and repairs are charged to expenses as incurred. The cost
and accumulated depreciation related to other than routine retirements
or disposals are removed from the accounts and the resulting gain or
loss is reflected in the statement of income.
Deferred Cable Television Permit Cost
Costs incurred in obtaining cable television permits are deferred and
amortized over the lives of the permits, beginning with the dates the
system becomes operational. Amortization for the year ended December
31, 1988 was $1,244.
Income Taxes
UCTC and related subsidiaries file a combined Idaho State Tax return
using the unitary method of apportioning income. An estimate of each
Division's tax benefit has been allocated to each Division. The
Division is part of a group of corporations owned and operated by UCTC
which file a consolidated Federal Income Tax return. Deferred Federal
Income Taxes have not been allocated to the Division.
Interest Expense
The Division pays interest due on its note payable to UCTC at an
annual rate equal to UCTC's borrowing rate.
2. COMMITMENTS
The Division rents poles in its operation. Such rental agreements are
short-term, but the Division anticipates such rentals will continue to
recur.
3. DIVISION EQUITY
Division Equity is comprised of borrowings from UCTC and accumulated
deficit since the date of acquisition. The Balance Sheet line item is
comprised of the following:
Borrowings from United Cable Television
Corporation $ 982,883
Accumulated Deficit ( 371,867)
$ 611,016
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UNITED ARTISTS COMMUNICATIONS, INC. • 2930 EAST THIRD AVENUE • DENVER, COLORADO 80206-0008 50046
VENDOR
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197E CITY OF MERIDIAN 111/15/89 00050046
1175477
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UNITED ARTISTS COMMUNICATIONS, INC. • 2930 EAST THIRD AVENUE • DENVER, COLORADO 80206-0008 50046
VENDOR
NtJm8FR VF NDOR NAME r
197E CITY OF MERIDIAN 111/15/89 00050046
1175477
I T5138
11/06/89
14,928.98
14,928.98
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1/NITED CABLE TELEVISION 0.
OF TREASURE VALLEY
8400 Westpark Street
Boise, Idaho 83704
(208) 375-8288
HAND DELIVERED
November 21, 1989
City of Meridian
Meridian, Idaho 83642
Gentlemen:
Enclosed is our check in the amount of $14,928.98 in payment of the
franchise fee for the period of October 1, 1988 through September 30,
1989. This amount represents 3 percent of gross subscribers income
and was calculated as follows:
October
$ 39,557.57
November
42,482.63
December
41,562.82
January
41,056.88
February
41,084.70
March
41 740.92
April
41,256.13
May
40,901.19
June
42 132.18
July
41,611.72
August
41,783.61
September
42,461.30
$ 497,631.35
x 3%
Total Amount Due
$ 14,928.98
Please acknowledge receipt of this payment by signing and returning
the enclosed copy of this letter.
If you have any questions, please call.
Sincerely,
Wayne H. Watson
General Manager
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Received by:
Date: /.?—/—fy
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LOO AMENDED ORDINANCL NO. 180
AN ORDINANCE AMENDING ORDINANCES 180 AND 244 AND GRANTING TO UNITED CABLE TELEVISION
CORP., A FRANCHISE TO OPERATE AND MAINTAIN A COMMUNITY ANTENNA TELEVISION SYSTEM
IN THE CITY OF MERIDIAN, FOR THE PURPOSE OF INTERCEPTION, SALE AND DISTRIBUTION
OF TELEVISION AND RADIO SIGNALS TO THE INHABITANTS OF SAID CITY; IMPOSING COMPLIANCE
WITH APPLICABLE LAWS AND ORDINANCES; AUTHORIZING A GRANT OF AUTHORITY; PROVIDING
"
THAT SAID FRANCHISE SHALL BE A NON-EXCLUSIVE GRANT; SPECIFYING GRANTEE RULES AND
SAID FRANCHISE; SPECIFING CONDITIONS
SERVICE STANDARDS; PROVIDING FOR CITY RIGHTS IN
ON STREET OCCUPANCY AND USE; PROVIDING FOR THE ERECTION, REMOVAL AND COMMON USER OF 1
POLES; SPECIFYING PAYMENTS TO SAID CITY; PROVIDING FOR RATES AND FEES OF SUBSCRIBERS;
SPECIFYING ANNUAL FINANCIAL REPORT AND RATE REVIEW; PRESCRIBING THAT PREFERENTIAL
OR DISCRIMINATORY PRACTICES BE PROHIBITED; REQUIRING COMPANY LIABILITY AND INDEMNI-
FICATION; REQUIRING THAT A FAITHFUL PERFORMANCE BOND BE GIVEN; SETTING FORTH
OPERATIONAL STANDARDS; SPECIFYING CONSTRUCTION COMPLETION AND PENALTY THEREFORE;
SETTING FORTH AN EXTENSION POLICY; REQUIRING SERVICE TO SCHOOLS; SPECIFYING THE
DURATION AND CONDITIONS FOR THE ACCEPTANCE OF FRANCHISE; PROVIDING FOR LIMITATIONS
OF SAID FRANCHISE; PROVIDING FOR SEPARABILITY; SETTING FORTH MISCELLANEOUS PRO-
INCONSIS-
VISIONSr THE REQUIREMENT FOR PAYMENT OF PUBLICATION COSTS; AND REPEALING
TEN
ec ion e ini ions: or a purposes of this Ordinance, the following
.
terms, phrases, words and their derivations shall have the meaning given herein.
include
When not inconsistent with the context, words used in the present tense
in
the future tense, words in the plural include the singular and words the
The word "shall" is always mandatory and not directory.
singular include the plural.
(1) "City": The City of Meridian City a municipal corporation of the
State of Idaho, in its present incorporated form or in any other reorganized,
consolidated changed form.
(2) "Council": The present governing body of the City or any future body
constituting the legislative body of the City.
(3) "Grantee": United Cable Television Corporation to whom or to which a
franchise under this ordinance is granted by the Council, and the lawful successor
or assignee of said person, firm or corporation.
(4) "Street": The surface of, and the space above and below, any public
street, road, highway, freeway, lane, alley court, sidewalk, parkway, drive or
other public property, hereafter existing as such within the Ctty.
(5) "Community Antenna Television System": Hereinafter referred to as
"CATV System" or "System" shall mean a system of antennae, coaxial cables, wave
guides or other conductors, equipment of facilities designed, constructed or used
for the purpose of providing television, F.M. radio, or other services by cable
through its facilities as herein contemplated. CATV shall not mean or include the
transmission of any special program or event for which a separate and distinct
charge is made to the subscriber in the manner commonly known and referred to as
"pay television," by
ay t mmean and include extraordinary or extra services or
programming provided on an optional monthly basis for a fixed monthly fee.
(6) "Subscriber": Any person or entity receiving for any purpose the CATV
service of the Grantee herein.
Section 2. Grant of Authority: There is hereby granted by the City of Meridian,
State of Idaho, to United Cable Television Corporation, formerly known as General
Communications and Entertainment Company, Subsidiary of the Livingston Oil Company,
whose principal place of business is Denver, Colorado, successors and assigns here-
inafter referred to as Grantee, the right and privilege to construct, operate and
maintain a community antenna television system within the City for the distribution
of television signals, F.M. Radio, or other services by cable approved by the
Council, subject to the terms, conditions and provisions contained herein.
Section 3. Non-exclusive Grant: The right to use and occupy the streets,
alleys, public ways and places for the purposes herein set forth shall not be
exclusive, and the City reserves the right to grant a similar use of said streets,
alleys, public ways, and places, to any person, firm or corporation at any time
during the period of this franchise.
Section 4. Grantee Rules: The Grantee shall have the authority to promul-
gate such rules, regulations, terms and conditions governing the conduct of its
business as shall be reasonably necessary to enable said Grantee to exercise its
rights and perform its obligations under this franchise, and to assure uninterrupted
service to each and all of its customers. Provided however, that such rules,
regulations, terms and conditions shall not be'in conflict with the provisions
hereof, the rules of the Federal Communications Commission or the laws of the
State of Idaho..
tme: 600k
AMENDED DRDINANCE NO. 180 I
Section 5. Service Standards: The Grantee shall maintain and operate its
system and render efficient service in accordance with such rules and regulations
as are, or may be hereinafter promulgated by the Council or by the Federal
Communications Commission. Whenever it is necessary to interrupt service for
the purpose of making repairs, adjustments or installations, the Grantee shall
do so at such time as will cause the least amount of inconvenience to its
customers, and unless such interruption is unforeseen and immediately necessary,
it shall give reasonable notice thereof to its customers.
Section 6. City Rights in Franchise:
(1) City Rules. The Grantee shall at all times during the life of this
franchise, be subject a to the terms and provisions of the Meridian City Code,
(b) to the lawful exercise of the police power of the City, andc to such
reasonable regulation as the City may hereafter by resolution or ordinance provide."
I
(2) Use of System by City. The City shall have the right without cost,
to make attachments to poles owned and used by the Grantee in connection with
its fire or police signal systems or other City use, such attachments to be
installed and maintained in accordance with the requirements of the
National
Electric Safety Code and only after written notice to the Grantee; provided,
however, that the Grantee shall assume no liability or expense in connection
therewith, and provided further, that the City's use thereof shall be in such
a manner as not to interfere with the community antenna television operations
of the Grantee. In case of any emergency or disaster, the Grantee shall, upon
request of the City Council, make available its facilities to the City for
emergency use.
(a) Compliance with Grantee Rules. The City in its use and maintenance
of such wires and fixtures, shall at all times comply with the rules and
regulations of the Grantee in order that there be a minimum danger of contact
or conflict between the wires and fixtures of the Grantee and the wires and
fixtures used by the City.
(b) Lia�bilitt . The City shall be solely responsible and sav a the Grantee
harmless orf all claims and demands for damages to persons or property arising
out of the construction, maintenance, rearrangement or removal of poles,
wires, fixtures, or other facilities authorized by this section.
(c) Inspection of Property and Records. At all times during construction
and at all reasonable times thereafter, the Grantee shall permit any duly
authorized representative of the City to examine all property of the Grantee
situated within or without the City and to examine and transcribe any and all
maps and other records kept and maintained by the Grantee.
Section 7. Conditions on Street Occupancy -Use:
(1) Use. All transmission and distribution structures, lines and equip-
ment erected by the Grantee 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 or reason-
able convenience of property owners who adjoin any of the said streets, alleys
or other public ways and places, and not to interfere with existing public
utility installations. In all areas of the City where the cables, wires or
other like facilities of public utilities are placed underground, the Grantee
shall place its cables, wires or other like facilities underground to the
maximum extent existing technology reasonably permits. The Grantee shall
furnish to the file with the City, maps, plats and permanent records of the
location and character of all facilities constructed, including underground
facilities.
(2) Restoration. In case of any disturbance of pavement, sidewalk,
driveway or other surfacing, the Grantee shall, at its own expense, and in the
manner provided by the City, replace and restore all paving, sidewalk, driveway,
or other surface of any street or alley disturbed.
(3) Relocations. If at any time during the period of this franchise the
City shall lawfully elect to alter, or change the grade or location of any
street, alley or other public way, the Grantee shall upon reasonable notice by
the City, remove, relay and relocate its poles, wires, cables, underground
conduits, manholes and other fixtures at its own expense, and in each instance
comply with the requirements of the City.
(4) Placement of Fixtures. The Grantee shall not place poles, conduits
or other fixtures above or below ground where the same will interfere with any
t
ite: Book 4. / .
A:1L.rUED OR[ SCE NO. 180
gas, electric, telephone fixtures, water hydrant or other utility, and all such
poles, conduits or other fixtures placed in any street shall be so placed as to
comply with all requirements of the City.
(5) Temporary Removal of Wire and/or Fixtures for Building Moving. The
Grantee shall, on request of any person holding a moving permit issued by the
City, temporarily move its wires or fixtures to permit the moving of buildings,
the expense of such temporary removal, to be paid by the person requesting the
same, and the Grantee shall be given not less than forty-eight (48) hours
advance notice to arrange for such temporary changes.
(6) Tree Trimming. The Grantee shall have authority to trim any trees
upon and overhanging the streets, alleys, sidewalks, public places of the City
so as to prevent the branches of such trees from coming in contact with the
wires and cables of the Grantee, except that at the option of the pity, such
trimming may be done by it, or under its supervision and directions at the
expense and liability of the Grantee.
Section 8. Erection, Removal and Common User of Poles.
i
(1) No poles or other wire -holding structures shall be erected by the
Grantee without prior approval of the City with regard to location, height,
type and other pertinent aspects. However, location of any pole or wireholding
i structure of the Grantee shall not be a vested interest and such poles or
structures shall be removed or modified by the Grantee at its own expense
whenever the City determines that public convenience would be enhanced thereby.
(2) Where poles or other wire -holding structures of any public utility
company are available for use by the Grantee, the City may require the Grantee
to use such poles and structures if the permission and consent of such public
utility company may be obtained by the Grantee and if the terms of the use
available to the Grantee are just and reasonable, all to be done in conformance
with the rules, regulations and requirements of the Public Utility Commission
of the State of Idaho and the City.
(3) Where a public utility serving the City desires to make use of the
poles or other wire -holding structures of the Grantee, but agreement therefor
with the Grantee cannot be reached, the City may require the Grantee to permit
such use for such consideration and upon such terms as the Council shall deter-
mine to be just and reasonable, if the use will enhance the public convenience
and if it would not unduly interfere with the Grantee's operation.
i
(4) Where City owned utility poles are available for use of the Grantee
! the Grantee shall pay the City the same pole rental per annum as paid by the
Grantee for the use of poles owned by other public utilities.
i
Section 9. Payments to the City: The Grantee shall pay to the City
annually and within sixty 60 days after the end of each period for which
this franchise is granted, an amount equal to a percentage of gross income from
subscribers residing in the City as follows:
I
4% for the first two years of operation.
3% for the next three years of operation.
The franchise rate is to be renegotiated by the City at the expiration of
each five (5) year period during the effective term of this franchise or any
extension thereof.
Section 10. Rates and Fees of Subscribers: Grantee shall be permitted
to charge the following rates and fees for its services;
Single Residential Standard Rates and Charges
A. Installation Charges - (We United Cable Television reserve the riaht durina
(1) Residential or Commercial
(a Primary television outlet, normal installation $20.00
(bReconnection of existing primary installation $15.00
A. Installation Charges Time & Material at Cost
B. Monthly Rates Per TV outlets according to the following schedule:
(1) Up to 49 (Each
$ 5.50
$ 5.25
(2) 50 through 99 (Each)
$ 5.00
(Re: Book 2;
Ndge Jj; 4.i.b9)
4 '
AMENDED OxOINANCE N0. 180
One Connection at each department/building
Free
Premium Television Service
(c) Additional installation at same location
A. Installation Charge
1. Additional outlet installed at same time
$ 7.50
$15.00
as primary service
$ 9'95
C. Yearly Subscription to HBO Guide
2. Additional outlet installed at different
Lost or Damaged Descrambler
time than rimar service
$10.00
(d) Descrambler deposit Refunded upon safe
or
abuse by subscriber - normal wear expected.
return of descrambler
$10.00
B. The company will charge subscriber not more than $200 for
B. Monthly Rates - Single Residential
replacement of a lost or stolen descrambler device.
(1)
First TV, FM Radio or Commercial Outlet
Miscellaneous Charges and Credits
a Primary Television outlet
$ 7,95
subscriber's statement 5% of
(b) Additional TV or radio outlets (each)
$ 2.50
(2)
TV Dealer of licensed service shop - flat rate
B. Returned Check
I
for all outlets
Free
C. Yearly
Rates - Descrambler maintenance Fee
$25.00
serviceman receives payment in full of outstanding balance
Multiple
Dwelling Unit Rates - Contained within one structure
or a group
of structures located in one complex when all units are to be
served and
where all
charges are billed to one customer.
A. Installation Charges Time & Material at Cost
B. Monthly Rates Per TV outlets according to the following schedule:
(1) Up to 49 (Each
$ 5.50
$ 5.25
(2) 50 through 99 (Each)
$ 5.00
(3) 100 and over (Each)
City Government and Educational Institution Rates
One Connection at each department/building
Free
Premium Television Service
$20.00
A. Installation Charge
Installed at time of basic service connection
$15.00
B. Monthly Service
$ 9'95
C. Yearly Subscription to HBO Guide
$ 2.00
Lost or Damaged Descrambler
A. The company will charge subscribers not more than $25 for
the repair of a descrambler device damaged through the neglect
or
abuse by subscriber - normal wear expected.
B. The company will charge subscriber not more than $200 for
the
replacement of a lost or stolen descrambler device.
Miscellaneous Charges and Credits
A. Late Fee - If payment is not received by date shown on
subscriber's statement 5% of
balance
i
$ 5.00
B. Returned Check
I
C. Collection Fee - In the event the company has ordered
disconnection for non-payment of subscriber charges and
serviceman receives payment in full of outstanding balance
$10.00
prior to termination of service
D. Unwarranted Service Calls - In the event a serviceman is called
i'
to a subscriber's home and can show that complaint is not
$10.00
related to cable TV service
E. Prepayment of 1 Year's Service Charges 10%
Full Credit
$ 7.50
Move outlet -different room
$ 3.50
Change of Address Charge
104
i
i
(Re: Book 2, Page 33; 4.7.69)
AMENDED ORDINANCE NO. 180
Rates may be altered or raised by Grantee only with permission of the
Council. Any rate increase would require that Grantee give notice of its
intentions thereof to Council, and said increase would be in effect sixty
(60) days thereafter if Council does not disapprove. Should Council disapprove
the requested increase, Grantee shall be allowed a public hearing before the
Council regarding the matter, after which Council shall reconsider the increase.
Section 11. Annual Financial Report and Rate Review:
On or before April 15 of each calendar year during the term of this franchise
the Grantee shall file with the City an audited financial statement of its
operations during the preceding year. Such statement shall be prepared in
conformance with generally accepted accounting practices by any licensed
certified public accountant and shall be sufficient in detail to permit a
determination by the City that the rates and charges are fair and reasonable.
Section 12. Preferential or Discriminatory Practices Prohibited:
The Grantee shall not, as to rates, charges, service facilities, rules, regu-
lations, or in any other respect, make or grant any preference or advantage
to any person, nor subject any person to any prejudice or disadvantage, pro-
vided, that nothing in this franchise shall be deemed to prohibit the estab-
lishment of a graduated scale of charges and classified rate schedule to which
any customer coming within such classification would be entitled.
Section 13. Company Liability -Indemnification: It is expressly under-
stood and agreed by and between the Grantee and the City that the Grantee shall
save the City harmless from all loss sustained by the City by reason of any
suit, judgment, execution, claim, or demand resulting from the construction,
operation or maintenance by the Grantee of its television system in the City.
The Grantee shall, concurrently with the filing of an acceptance of award of
the franchise granted under this ordinance, file with the City Clerk and at
all times thereafter maintain in full force and effect for the term of such
franchise or renewal thereof, at Grantee's sole expense, a general compre-
hensive liability insurance policy, in protection of the City, its officers,
boards, commissions, agents and employees, in a company authorized to do
business in the State of Idaho, and in a form satisfactory to the City Attorney,
protecting the City and all persons against liability for loss or damage for
personal injury, death and property damage, occasioned by the operations of
Grantee uneer such franchise in the minimum amount of:
$250,000.00 for property damage to any one person.
$500,000.00 for propertv damage in any one occurrence.
$500,000.00 for personal injury to any one person.
$1,000,000.00 for personal injury in any one occurance.
Section 14. Faithful Performance Bond: Upon the commencement of con-
struction, the Grantee shall provide a construction performance bond that will
faithfully guarantee the payment of all labor and material costs incurred by
it or its subcontractors during construction of the system. The performance
bond will be issued by a company licensed to do business in the State of Idaho
and in a form approved by the City Attorney. In addition, the Grantee shall
nmintain throughout the term of this franchise, a corporate surety bond issued
by a company licensed to do business in the State of Idaho and in a form approved
by the City Attorney in the principal sum of $10,000.00, naming the City as an
insured. The surety bond shall guarantee performance of each term and condition
of this franchise contract and in the event of any breach of condition of the
bond, the amount thereof shall be recoverable from the principal by the City for
all damages resulting from failure of Grantee to well and faithfully perform
and observe any provision of this franchise.
Section 15. Operational Standards: The CATV System shall be installed and
maintained in accordance with the minimum standards set by the applicable rules
and regulations of the Federal Communications Commission.
i
Section 16. Time of Construction: Grantee shall continence construction
of the Cable TV System no later than thirty (30).days after it receives final
approval from the Federal Communications Commission to establish or use a
micro -wave F.,ility to bring in at least the following:
A commercial, independent TV station, at least one educational TV station,
and the local ABC, CBS, and NBC affiliated stations.
Grantee shall complete construction of the system within the City within
eighteen (18) months after construction commences. Prior to the commencement
of Vconstruction and prior to final grant of authority from the Federal
..E at 1pa :n;n'mum prograr, !iirem�nts
.0"%�
j AMENDED ORDINANCE NO. 180 105
`1 set forth above, Grantee shall conduct the necessary engineering studies so
i that construction can commence promptly upon final approval of the Federal
Communications Commission.
In the event that the Grantee does not perform according to the provisions
of this ordinance, the City shall give written notice of the particular items
wherein the Grantee has failed to perform and Grantee is hereby given a period
of sixty (60) days to correct the defaults of which the notice complains. If
no correction is made during said period the Council may, at its discretion,
assess a penalty of $25.00 per day until such default is corrected, or may
repeal this ordinance. Provided however, that the Grantee may petition the
Council for an extension of time to comply for good cause shown. The deter-
mination of what constitutues good cause shall be determined by the Council,
and the decision of said council shall be accepted as final.
Section 17. Extension Policy: The Council shall grant reasonable exten-
sions referred to in Section 16, in the event of strikes, floods, fire, acts
of God, force majeure, labor disputes, inavailability of building materials
beyond the control of the Grantee or any other cause beyond the control of
the Grantee.
Section 18. Service to Schools: The Grantee shall provide service to
state accredited public and parochial schools within the City for educational
purposes upon request by the City at no cost to it or the school. The
Grantee may, at its option, provide similar services without cost to other
private, parochial and religious schools.
Section 19. Duration and Conditions for Acceptance of Franchise:
The Franchise and all rights and privileges and authority hereby granted shall
take effect and be in force from and after final passage hereof, as provided by
law, and shall continue in force and effect for a term of 20 years, provided
that, within 30 days after the date of passage of this ordinance the Grantee
shall file with the City Clerk, in writing, duly executed by the proper
officials, the following documents:
1. Its unconditional acceptance of this franchise; and
2. Its performance bond as provided in Section 14; and
3. Its proof of insurance as provided in Section 13.
Section 20. Limitations of Franchise: This franchise 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, merger, consolidation, or otherwise,
without the consent of Council expressed by resolution.
Section 21. Separability: If any section, sentence, clause or phrase
of this ordinance or any part thereof is for any reason found to be unconsti-
tutional by a court of competent jurisdic tion, such decision shall not affect
the validity of the remaining portions of this ordinance or any part thereof.
Section 22. Miscellaneous Provisions:
(1) Time is of the essence of this franchise. The Grantee shall not be
relieved of its obligations to comply promptly with any of the provisions of
this ordinance by any failure of the City to enforce prompt compliance.
(2) The Grantee shall have no recourse against the City for any loss,
cost, expenses or damage arising out of any provisions or requirements of
this ordinance or its enforcement.
(3) The Grantee shall maintain a toll free telephone listing in the City
of Meridian in order that CATV maintenance service shall be promptly available
to all subscribers, which shall be a toll-free number.
(4) The Grantee shall not repair, maintain, sell or recor.gerd any
television or radio equipment or recommend radio and television repairmen.
Any repair work done to subscriber sets shall be performed by repairmen
other than employees, directly or indirectly, employed by the Grantee. The
Grantee is prohibited from inducing subscribers -to remove their presently
installed television antennas.
eke: Boui, " � ay. ).1, 4.; .
AMENDED ORDI E N0. 180 `
Section 23. Publication costs: The Grantee shall assume and pay all pub-
lication costs in connection wit e adoption of a CATV ordinance and the
granting of a franchise as required by Idaho Code, Section 50-329. A state-
ment for all such costs shall be prepared by the Ctiy Treasurer and presented
to the Grantee upon filing its acceptance with the City Clerk.
Section 24. Any and all previous ordinances granting to General
Communications and Entertainment Company, Incorporated, a Delaware Corporation,
a subsidiary of the Livingston Oil Company, a franchise to operate a Community
Antenna Television System, including ordinances No. 180 and 244 are superceded
by this ordinance, which intends and constitutes amendment of these previous
ordinances. Any and all sections, portions or provisions of such previous
ordinances which are inconsistent with, or in excess of, the provisions herein
are hereby repeated.
Section 25. There being an emergency, this Ordinance, or any amendment
hereto, shall be in full force and effect on the 1st day after its passage,
approval and publication, or passage, approval and publication of any amendment.
PASSED by the Council of the City of Meridian, Idaho this 25th day of
September, 1978.
APPROVED By the Mayor of the City of Meridian City, Idaho, this 25th day
of September, 1978.
Attest: /
r/
Ci Clerk
r/ZS
C.� TVA B6 -i/
645'/1
ROVED:
wl - 1�i \
i
t
YMeridian City Hall - Soecial Me.A
Special meeting called to order 7:30 P.M.
Mayor and Council present; Storey; Williams; Kingsford; Glaisyer; Bodine
Agenda
1 Carl BuTke represented United Cable (U.C.)
The ordinance was reviewed with the City's Legal Council.
Two_short changes; (1) providing for Bonds. Bonds were discussed. A Security Bond
was discussed. Section 14, Page 13.
Break of contract was outlined.
The size of the bonds were discussed -$5,000 to a higher level.ft
(2) Section 19, line 3. Indemniation Bond was outlined.
Would read "Proof of insurance" (eliminated "indemnification bond")
AIC no longer has a interest in the Cable TV. Franchise.
Page 21, Line 3: Changes to CITY OF MERIDIAN and manditory for a toll-free
number, "which shall be a toll-free number"
Mayor Storey stated Attorney Fitzgerald_pesition.
The Motion was made by Joseph Glaisyer to approve the amended Ordinance with a
$50,000.00 Bond.
IV The Motion was made by Joseph Glaisyer and seconded by Marvin Bodine to amend
motion to $10,000 Bond.
Motion passed: All yea. Bodine, yea; Glaisyer, yea; Kingsford, yea; Williams, yea
}�
Carl Ellsworth re )' Agenda ported on the Park and his meeting with Lloyd Black, BOA.. Three (3)
2 alternative plans from which the Council is to select one (1). Ellsworth explained
the plans. _-
Bodine suggest that the City pave all parking areas that they can.
Williams stated that we need lighting at the same time as pavings.`�
Ellsworth asked concerning the Councils desire to pave as'Much as possible.
The M�tion was made by Marvin Bodine and'seconded by Richard Williams to proceed with
Plan 2 with modifications in paving.
r
Motion passed: Bodine, yea; Williams, yea; Kingsford, yea; Glaisyer, yea.
t
Agenda Pat Joy read the letter from Idaho Construction.
if 3 The project was discussed.
Agenda Pat Joy read AMENDED ORDINANCE NO. 317 Entitled: AN ORDINANCE ANNEXING AND ZONING CERTAIN
4 REAL PROPERTY WHICH IS DESCRIBED AS FOLLOWS: APART OF THE E 1/2 OF:THE W`1/2 OF
- SECTION 2, T/ 3N., R. 1.W., R.M.; ADA COUNTY IDAHO, TO THE CITY OF MERIDIAN, WBZCH
PROPERTY IS ADJACENT AND CONTIGUOUS TO THS CITY OE' MERIDIAN, ADA COUNTY, IDAHO.- -
f The Motion was made by Grant Kingsford and seconded by Richard Williams that the rules
and provisions of 59-902 and all rules and provisions requiring that Ordinances be read
on three different days be dispensed with and that.Amended Ordinance Number 317 as read
be passed and approved.
Motion Williams, yca; Bodine, yca; Kingsford, yea; Glaisyer, yea.
i
I�
Agenda The letter from Nu -Pacific was discussed. They are to be scheduled for the October 2nd
5 meeting.
Aeridian city Council .2. September 18, 1978
a Agenda_ACable Tv:
Bob Hammersly presented Attorney Sill Russell to also represent United Cable (U.C.) it
f He stated that the Ordinance had been presented and discussed with the City Attorney.
i
Williams stated that he received his copy Friday and had not had a chance to read it.
Russell stated that one thing that happened in the drafting process is that they
attempted to update the franchise fee provision, a substitute for Page 18(see evidence)
They did not get -it to them as soon as they had liked to. This is an amendment to
a 1969 Ordinance: He presented the background again. They are ready to go and what
they are asking for is to bring the 1969 Ordinance up to date, technical requirements
and standards for F.C.C. Standards. The Franchise rates are increased. That is the
thrust of the amendments. One other change is rather than coming to the Council
for rate changes in the future they would set up a situation to notify the Council
of proposed increases or reductions. ,If the Council did not refuse those they would
go into effect. They could review the rate increases and veto them if they thought
they are not in the advantage of the citizens of Meridian.
He realized they did not have time to go through them in detail, but there are
stringent time constraints. U.C. is getting the financing going so they can start
construction. Their finance sources will not release the money until the franchises
for the cities are passed and clear. If the Council wants more time they will agree
to that. He requested that it be passed on an emergency basis.
Storey clarified the Ordinance.
Russell 'stated that Boise should be passing it tonight.
3. Hammersly asked if there were particular questions. It was discussed with the
a City Attorney and drafted according to the discussions that were held. Would
1$ appreciate the Council passing on it.
Williams -stated that he did not have any questions because he did not have time to _,..
read'it.
Kingsford stated that it was not in his box when he checked on Friday.
Hammersly stated that they were delivered at 4:00 P.M.
i The matter was discussed.
Kingsford inquired what Crookston's comments were.
'r Crookston stated that he had some problems with it, was uninformed about discussions
with Fitzgerald. They discussed it for about 45 minutes tonight. There are some
things that need to be changed pertaining to insurance, bonding and it isn't in
a form to be acted upon tonight.
A Russell stated that these changes are changes in the initial Ordinance, not the
amendments, and outlined the U.C. position.
Mayor Storey inquired if this was the same ordinance presented to four other cities.
Russell stated that it was.
Glaisyer inquired if the fee schedule was identical
4' Russell answered that they were.
Williams asked Crookston of what changes he would make.
Crookston stated that it should be a Comprehensive amendment. Who has contol of
the road, performance bond, ect.
Hammersly stated that this is merely an amendment to the ordinance and explained
their position.
Storey stated that he was in favor of them coming in and gave the history. He
recommended that the Council approve it.
Glaisyer moved to table.
Crookston stated that they received it this morning and has not had time to study it.
The information discrimination was discussed.
Meridian C1ty Council _ __.... -... . 3 coPtombor 1A,_ 1117P
( cont' dL�
Agenda ssell stated that the problems Crookston has with it comes out of the reading of
3 the Ordinance and interpretation. The clarification he is asking for no one else
has a problem with. This puts them in a unique situation of holding up the whole
valley to clean up the ordinance for Meridian. There are things that should be
drafted the other way. There are some things we would do that would not be
advantageous to the City.
Russell stated that today you would have a problem getting a 20 year franchise fee
due to the fact that ACHD has the roads. Our position is we have an agreement and
ordinance that goes back to 1969. We aro not going to try to ro-ijenntiato the
agrecttwitt. Ho oxidalnod tl. p,-11 I"nt .cul 11-11 I:d k'l-hip with 11—
Larry
1 -
Hammersly stated that they decided it was impossible to bring cables to all the
areas. Those will receive less than Meridian and pay .05� a month more. They have
lived up to the agreement for nine years and is suprised the City wants to re-
negotiate the contract. He suggested it would be in the cities interest to pass
the ordinances.
Russell argued the point that the City should proceed.
Bodine inquired if Crookston wanted to amend the whole Ordinance.
Crookston stated that he needs time to study it before he would have an opinion.
Storey restated his support.
Kingsford inquired why,if Boise has had it for three readings, have they just
received it.
Russell stated that a court date and everything broke loose three and one-half
weeks ago. We have no way to line out the oy ordinances and people have been
lining them out, We have been doing them one by one - theie are a lot of hyphens.
This has not just been dropped in, Fitzgerald and the Mayor know what has been
going on.
Williams stated there are two points. One is U.0 s going to Clean the ordinance up
at one time or another.
Russell answered if the City would like us to do that we will.
Williams inquired from Crookston an opinion on the City not entering into a contract
but adopting an ordinance they can amend.
Crookston stated that you cannot arbitrarily change the document.
Kingsford seconded Glaisyer's motion to table.
The effects of tabling were discussed.
Motion passed: Bodine, yea; Kingsford, yea; Glaisyer, yea; Williams, nay
agenda
4 Bews Industrial Park (ANNEXATION)
Larry Sales was present representing Bews Industrial.
Glaisyer inquired where the covenants were going to come in.
Sales stated it was premature.
Storey inquired if they were asking for light industrial.
Sales stated industrial.
Classification of industrial and the process was discussed.
Williams inquired of what restrictions Planning and Zoning had placed on their
recommendations.
Sales was not sure.
Joy presented the Planning and Zoning Motion.
sales stated that they could have a "Gentlemen's Agreement" to come in and present
these proposals.
i
Lien City Council 8. Se tember 5 1978
dttld)The Meridian Comprehensive Plan
Fuller stated what worried him is theCompetition between Boise and Meridian. They
don't want a regional shopping center in Meridian, they arbitrarily picked the Kuna-
Mora Road as the North/South Boundry for Northern Ada County. What would stop them
from picking Cloverdale Road next time on some plan they draw up - it's Boise that
People are going to be drawn toward.
Collins stated that we wouldn't want to put anything in that would jeopardize the
regional shopping center location. It is a high priority in the Plan and when it
Mr. Nahas was here he indicated that he would begin a program of monitoring Air Quality
even though nothing is out there.
Williams stated what will affect Meridian is when they do transportation planning as
it related to mass transit. He would like to see the Boise Urban Stages expanded
Into a Ada County System not just Boise.
Storey suggested adding the word "Future".
Williams moved to accept the Comprehensive Plan as presented by Planning and Zoning i
incorporating changes mentioned by the Council as admendments, seconded by Bodine.
Motion passed: Williams, yea; Bodine, yea; Kingsford, yea
Williams complimented Planning and Zoning for the work on the plan.
kingsford complimented those people who gave input.
Storey thanked the committee for a fine job.
The Mayor stated that there will be 500 plans printed and they will cost $6.00 each.
4g hda koger-Welker, Fire Chief, announced that they are having the Firemen's picnic this
- Sunday (Sept. 9) at the Dairy Show Barn.
4¢eAda Mark Van Loucks, United Cable Television, was present and updated UCT progress in
.B the area. He presented a history of U.C.T. Van Loucks announced they are ready to
proceed immediately with CT in this area and presented their plan for CT in this area.
f All the.services are ready to go. There are 21 channels: r
ServiceI-Christian and religious programming; Service 2- Program information channel;
Service 3 is a 24 hour weather service; 4, 5 and 6 are ABC, NBC and CBS; 7 is
independent broadcasting station; 8, local educational channel; 9 is Public broadcast`
SYS
tem; 10 is from Atlanta for sporting events; Channel 13, sports news; Channel 14
is r`4 hour news service UPI teletype; Channel 15 preview of other Channels;
Channel 16. Public Access station; Channel 17, Consumer Advertising; Channel 18,
Consumer Shopping Guide; Channel 19, Children programming National Learning IhstitUte;
Channel 20 and 21 are optional Channels - home box office and showtime front row.
Van Loucks stated that they heed to take the current franchise with Meridian and
update it. The only change of substance is subscribers rates - other changes are
cosmetic in nature.
Storey stated that we are pressed for time if it is updated it can be passed on at
the next regular Council meeting.
Mark Van Loucks stated that they have told four (4) Cities they are ready to proceed-
Caldwell, Boise, Meridian and Garden City.
Williams inquired as to when the first subscribers will be on line.
Vah.Loucks stated that it depends on how the microwave system light out here.
It is possible Boise will not have the first system. The first subscriber will be
Served within six months. The entire system is required to be completed, with service
available within 18 months under the terms of the franchise. It is a certified
Sy,Ystem with no waiting time. They hold the permit for an Earth Station and hold
the license.
The Mayor outlined the history of the franchise.
Van Loucks pointed out their cost on litigation and stated the system is the most
technically innovative service we can get.
The Mayor instructed Mark Van Loucks to get the information over to City Hall
for.distribution to the Council.
: City Nall .3. April 17, 1978 j
The Motion was made by Richard Williams and seconded by Marvin Bodine that approval
of Sunnybrook Farms Phase I Final Plat be granted with the variances of: Block 2 it
five
length of 1,103 feet; all local and minor streets fifty (50) foot right -of -wage with
(5) foot easements on each side; that all units be single family residence and i
that the developer connect to the City sewer lines at the developers expense when
the new Treatment Plant goes on line, subject to Engineering approval and approval of
the City Departments.
Motion passed: Williame, yea; Bodine, yea; Kingsford, yea; Glaisyer, yea.
Joseph Glaisyer requested a map of Settlers Village subdivision.
Agenda
7 The Mayor read Ordinance No. 323 entitled: AN ORDINANCE PROHIBITING THE OPEN BURNING
OF ANY OUTDOOR FIRE IN THE CITY OF MERIDIAN, ADA COUNTY, IDAHO.
The Motion was made by Grant Kingsford and seconded by Joseph Glaisyer that the rules
and provisions of 50-9002 and all rules requiring that Ordinances be read on three
different days be dispensed with and that Ordinance No. 323 be passed and approved.
Motion passed: Williams, yea; Bodine, yea; Kingsford, yea; Glaisyer, yea.
Agenda
8 The Mayor inquired about the staturs of a pornography ordinance.
The City Attorney stated that this was being worked on.
Richard Williams questioned whether the Garden City Ordinance had been tested.
Agenda
9 The next item of business concerned United Cable Television.
A presentation was given by a representative from United Cable Television Corporation. •
Mr, -Yes Louck stated -that the .long-legal-iattlse were ever. goo-techaologicsl ,-- - _: -
developments will allow more services to Meridian to include Satelite Transmissions, a
Rome Box Office and others. Studies show Meridian is a good market for Cable TV.
Is the near future they will make a formal presentation.
Agenda
10 Wallace Loves, representing the Cherry Village Golf Course Committee, reported that
the Golf Committee met to consider hiring a greens keeper. They had three interview
and concluded a first, second and third choice and are requesting Council approval
to hire an individual to come OR 30 days before the Course opened, or 60 days if
Mr. Baldock will furnish one-half of the wages.
Mayor Storey thought it was premature to hire a greens -keeper until things are more
settled. There was additional discussion.
Mr. Lovan stated that the average wage rate for greens -keepers in this area is
812,000 per year.
A used mower had been viewed by Mr. Loven and Mr. Bodine at Eagle.
Mayor Storey stated, Mr. Lovan concurred, that the agreement was for the City to take
over after six mowing&.
Another matter had also come up, Mr. Lovan stated, talking as an individual, that
there was a group of people interested in forming a corporation for the purpose
of leasing the Golf Course. They propose building a Club House, Dining Hall,
Snack Bar., Locker rooms, Sauna baths, Hand Ball Courts and also propose trying to
complete the remaining Rine holes before the Leavitt Nu -Pacific Phase II in in
operation. The group is in need of a long term lease from the City. This would
be left open to the public and a 54 year lease obtained. They would have their ow
equipment and also enter into a set fee for the City plus a per cent of the profit.
Richard williams felt that the idea had merit but had some concern on green fees to
keep them in line with the rest of the area.
Mayor Storey stated that he felt that this may be a problem with commitdag the City
to a long term contract.
T✓
he Na or announced tl;
:t t;:
re a;^
L be no c i,n^e int
e �epartment
heads
and e.. loyee ositicns of
cs:c
sibilj
ty.
he motion ,:as made 'cv
':-iry
r od
,:e and seconded by
ant Kingsford
that
the piesent de-partment heaft
be
retainid.
Motior passed;Bodine Y_a•
Joe
laisv
r lea:Grant i;ir;-sf
rd Ye ail•iams
Yea.
Dalce C. Garner and Ar
en 3
C rm•s
were rresert to ex
lair. the BF,:
Cable
romru ica_tions Corporation
and
jre;er
ed a brochure of the
C','TV Story
to each
of the Council and the
I
+ie y desired to Anse
l5le'' elev
-;-;- n lr:tc t. • i;e Cit along
'th t
related
`
services involved. l"e;; wo;l-i
I
Ince
con; 'etial. For,! ,nd
e fully bon
ed to
-erfo n the cor:'r:,ct
channels l,lur
The City, -'-ould receive
int(4x111,
ch:'To'CL; t;"t.
l.�e :;ii-, '!'vir ch-uricl:;
rouldi
iclude the
---present
,could he -.flowed
the "CC.
';b of tl eLrocs subscriber rg7.1
—
nue. would
issue a
non Exclusive Franchise, wi
h a defini e c m_rleti-'r-titre--
. edu -The-Cost
of the installed services w
,uld be ;; . y;_; per .Month for the 16t
set in the
home.
plus J1.50 for ez,ct idrli.t:io
:ai set ir, qne
:er "r u: .311'.i
.vane, or 1 -remises
would be placed so
1 Cables would ue u:!
as n to a
:danger
installations.
any present
Yna
Lx;u1
do as little da.ia-e
as pcssiblel
and re-
place any and all damn ed a
eaa.
-"I
l.ould nee:-: -1-15 year
non -e clusi
a contract
in con'ormance with the FCC
—
Garner state] ti.at
he is
d rev
ewe: tt:e old Cable -
cont acta
d that
:ey d not conflict in any
way.
—e,
need ti:e ler:ri:sion cf
the City
to contact
he Ci ty e ttorney to come u
, wit':
a co.
tract t':e FCC will a
-rove as a
on-exclu- _
CA
sive- f ancnise for t ^' r
- - --_ -
concern could or#'er
PI
--
r
Py "wo,
iv rt: i::
1 1 ;L:^ ar, answer in
-
e 1 ;; tnn el l? I
eebr ry if
possible.
--
__eir
addi n Squ re Garden,
min- bn in he near
hanneT ? eut. of :;ar rancs
co,
n
r,3 .t+er: + ;at are c
uturel Their process is
use
. le sitilite
aE._Is:
-
for a i_3istribi
r erSect a ve w'
- eco;ded
'
tion.1 then his ric-
ure_ furt: er-cleaned u, c t;t
ceived.
ine to dive
I e_ motion rra `e b—�ic—'.
_
_w_a-s–
he Br C3' --Ie nu,
( -ti.or
cr .t i dr i'.e aut'r:cri i.,, to c
i
ntact the City Attorney
0prepare a .;le cortr-+c er
t,e t: to stLcv it rely
ion tb cable TV.^+'^r
rte- 2.
f
7
Meridian Citv Rall
Meeting called to or
er b' the ayor, Don M. Storey
}
Councilmen present:
Keit Elli ; W. D. Skiver; Mar
—i
Bod ne; J
hn Navarro.
_
Others resent: Rog
r We
ker; ohn Fitzgerald; Euge
a Cra ford;
enneth Van Dorn;.
Ell
n Van
Dorn Lora Arnold; R.. B.
leen; Larry
Hoffman;
Bru
a Stuart-
a Smith; Tom Davis;
Ted epper
Vernon Schoen
_
Minutes -of previous
eeti>g readand approved.
---
— -
The matter of irrigation
dines for lands involved ad
acent to th
Fran Sub
owne��y Coy ooper
as3�scuss .
Mrs. Ellen Van Dorn
nd Mrs. Lo a Arnold were presen
to c mplai
that the
on of the
an div sion has interferred
it h heir
riga ion
S
FTheMayorsuggested
hat these eople involved shoul
cont ct th
subdivider
�
e..
The. question was raiIsed
as to >jhether this subdivision
ha beeniaccepted.
Mr. Skiver stated th&t
th a r.4+4 could hold up final
appro al if
the
development is not a
complishedaccording to the eng'neere
pla
._
Mrs. Van Dorn comvla
ns that sh feels that the deve
o er ad no�_performed
according to the plans
as;prese�ted.
I
i
Larry Hoffman is the iEngineer
that the City has oni£ile;
wino drew the p ans.
Thee drawings show one
exam ne
1) bol: befo
ar3—arings
a their
property but none on
was to do because thL
theiY propgrty. Th—e r�awing o
lan� involved is not a part of
s no s ow
this ubdi
r, oo
'sion.
The Mayor stated tha
the City as an opportunity to
revie the
roject before
—
ina accep ance o
to them by the devel
e p.Toposal at a later a e,
per Are not known by the City.
at verbal p
Th Mayor
omises
agreed to
mee ori em at
im a on with r, ooper o
em p o so
ve h�----
-
problem. I
L
111
Resolution Number 54i
A RESOLUTION C
was head by the Mayor entitled:
NCERNING SEWER ARID WATER
0' THE
I OF MERIDIAN
7 SY.TEM
The Motion was made �q
W. D. Slaver
and seconded by
ohn varro
that all
s
rule�Ain d-pr-ovisions,
of
I50-902 and all rulesn
dispensed with an
thatl Resol
at ordinances
tion #54
be read on three digeren, dayslbe
---f-a-s
read be pa sed andaRpioved.
l _
+,
Motion passed: I Skiver, ye;
Ellis, yeBodine
a;
yea; Nava
o, yea.
-
--
—i
—�-
The Mayor stated that it �ppearEd as though cable TV
is near re
ity for the
—
-
res -T— o �izis-� ty, as we as a ci ies
+
; n n e
I i
ea ure--
- +—
T e Mayor rea Ordiance *2-44 entitled:
AN ORDINANCE:RAtENDING SEC ION 11 OF ORDINANCE
0. 1�0 OF
ORDINANCES OF OHE C TY OF MERIDIAT7, ADA COUNTY
DA
_ REVISION REPEALS THS EXISTING SECTION 11 AND S
BSTI TFS
NEW
RATE SCHEDULE THE; AKEND D ORDINANCE REPEALS 1
1
ECTION
ENTIRETY.
Meridian City Hall .2. November 5, 1973
The Motion was made Dy W. D. Skiver and seconded by Meruin Bodini that the
rules and provisions of s ction 50-902 and all rulesequ' ing ordinances --
be read on three dif eren days be dispensed with an that Ordi nce number #244
as read be passed and app owed.
Motion passed: Skiver, ye ;Ellis, yea; Bodine, yea; Navarro, yea.
fthe_fensim,- __
Final Census count h$s be4n officially filed with the f State
The matter of the Ci y Sever us by the school was discuss d by he Mayor
rea ing a e er fromthe eritr s ric ea e a , --
with these minutes, refering t land at Linder and Fine A enue hich states
that,they were in er or - In o ming a coo s i
place their own sept c to s an drain fields when t it opert is within
500 feet o a sewer ns a a o e r proper y s -
ments to hook to the Nort4 Gate Subdivision lift station w en th y build.
Sumner Johnson, Consiltir
4 Engineer, reported that h woull suggest that
the City approve the Nort Gate proposal for we er aid se r ins a a ons
as complying with th pla s and specifications as enEineerad.
The Mayor stated thab the a has been problems of fai3ure yDege�loper8 to
properly provide for irri ation,across their an s.
He stated that all pans shouldishow water irrigatio , sever and drainways
for surface storm drain; With d finite arrangem-e--nTs--i6-p—rov-ide--fYr-tne
I deHrery continuance tnd outfall in all programs.
It was suggested tha the Plann ng and Zoning Commis ion could h 1p in
notifying the Subdi er 1 impor an inc usion
The Sewer and Water 'nsta latio s for the North Gate Sub, s discussed.
e
Work's Sup't, ins *cted t�ieinstaIiat ons an a ems that he
found deficient have been corre ted.
I
The Motion was made y W. D. Skiver and seconded by arvi Bodinethat the
Timor a e u iv si n appro a or ns a s on we er an w s
specified by engine ed pans and drawings
- Motion passed: ISkiv�r, yea; Ellis, yea; Bodine yea; Navarro, yea,
The Mayor stated that thel'City fs in need of some type of jformainspection
t andaapprova or complete; SuDa1visions.
Mr. Johnson suggested tha, the aily inspections. sho Id b perf ed by
City Personnelll wholwould;beav$%ilable an on regu a pa o ,
He stated further that the engi�heer that has perform d th desi ns for the
Subdivision could then come in and perform the tests nece'sary or na
approval. The Engineer and dev Loper do not desire 1his but if equired by
ordinance they woul ha�velto pe form.
_ This would cost the dl evelpper; but if ordained in legal form he would have
to comply as a requ#emen for inal approval.
I
The City Attorney i$ to search Out an ordinance for IIaterlprese tation for
Page 33, Book 2, 4.x.69) �
AMENDED ORDINA�NO. 180 CO
'AN ORDINANCE AMENDING ORDINANCES 180 ANc -44 AND GRANTING TO UNITED CABLE TELEVISION
CORP., A FRANCHISE TO OPERATE AND MAINTAIN A COMMUNITY ANTENNA TELEVISION SYSTEM
IN THE CITY OF MERIDIAN, FOR THE PURPOSE OF INTERCEPTION, SALE AND DISTRIBUTION
OF TELEVISION AND RADIO SIGNALS TO THE INHABITANTS OF SAID CITY; IMPOSING COMPLIANCE
WITH APPLICABLE LAWS AND ORDINANCES; AUTHORIZING A GRANT OF AUTHORITY; PROVIDING
THAT SAID FRANCHISE SHALL BE A NON-EXCLUSIVE GRANT; SPECIFYING GRANTEE RULES'AND
SERVICE STANDARDS; PROVIDING FOR CITY RIGHTS IN SAID FRANCHISE; SPECIFING CONDITIONS
ON STREET OCCUPANCY AND USE; PROVIDING FOR THE ERECTION, REMOVAL AND COMMON USER OF
POLES; SPECIFYING PAYMENTS TO SAID CITY; PROVIDING FOR RATES AND FEES OF SUBSCRIBERS;
SPECIFYING ANNUAL FINANCIAL REPORT AND RATE REVIEW; PRESCRIBING THAT PREFERENTIAL
OR DISCRIMINATORY PRACTICES BE PROHIBITED; REQUIRING COMPANY LIABILITY AND.INDEMNI-
FICATION; REQUIRING THAT A FAITHFUL PERFORMANCE BOND BE GIVEN; SETTING FORTH
OPERATIONAL STANDARDS; SPECIFYING CONSTRUCTION COMPLfiTION AND PENALTY THEREFORE;
SETTING FORTH AN EXTENSION POLICY; REQUIRING SERVICE TO SCHOOLS; SPECIFYING THE
DURATION AND CONDITIONS FOR THE ACCEPTANCE OF FRANCHISE; PROVIDING FOR LIMITATIONS
OF SAID FRANCHISE; PROVIDING FOR SEPARABILITY; SETTING FORTH MISCELLANEOUS PRO-
VISIONS;- THE REQUIREMENT FOR PAYMENT OF PUBLICATION COSTS; AND REPEALING INCONSIS-
TEN AND 444.
ec ion a im ions: or a purp ses of this Ordinance, 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 tense, words in the plural include the singular and words in the
singular include the plural. The word "shall" is always mandatory and not directory.
(1) "City": The City of Meridian City a municipal corporation of the
State of Idaho, in its present incorporated form or in any other reorganized,
consolidated changed form.
(2) "Council": The present governing body of the City or any future body
constituting the legislative body of the City.
(3) "Grantee": United Cable Television Corporation to whom or to which a
franchise under this ordinance is granted by the Counci , and the lawful successor
or assignee of said person, firm or corporation.
(4) "Street": The surface of, and the space"at*ve and below, any public
street, road, highway, freeway, lane, alley court, sidewalk, parkway, drive or
other public property, hereafter existing as such within the Cttiy.
i
(5) "Community Antenna Television System": Hereinafter referred to as
"CATV System" or "System" shall mean a,system of antennae, coaxial cables, wave
guides or other conductors, equipment of facilities designed, constructed or used
for the purpose of providing television, F.M. radio, or other services by cable
through its facilities as herein contemplated. CATV shall not mean or include thea
transmission of any special program or event for which a separate and distinct
charge is made to the subscriber in the manner commonly known and referred to as
"pay television," but may mean and include extraordinary or extra services or
programming provided on an optional monthly basis for a fixed monthly fee.
(6) "Subscriber": Any person or entity receiving for any purpose the CATV
service of the Grantee herein. a;
Section 2. Grant of Authority There is hereby granted by the City of Meridian,
State of Idaho; to United Cable Television Corporation, formerly known as General'
Communications and Entertainment Company, Subsidiar of the Livingston Oil Comppaan,
whose principal place of business is Denier, Colorado, successors and assigns herey-
inafter referred to as Grantee, the right and privilege to construct, operate and
maintain a community antenna television system within the City for the distribution
of television signals, F.M. Radio, or other services by cable approved by the
Council, subject to the terms, conditions and provisions contained herein. n
Si
Section 3. Non-exclusive Grant: The right to use and occupy the streets,
alleys, public ways and places for the purposes herein set forth shall not be
exclusive, and the City reserves the right to grant a similar use of said streets,
alleys, public ways, and places, to any person, firm or corporation at any time
during the period of this franchise.
Section 4. Grantee Rules: The Grantee shall have the authority to promul-
gate such rules, regulations, terms and conditions governing the conduct of -its—
business as shall be reasonably necessary to enable said Grantee to exercise. its..'--.
rights and perform its obligations under this franchise, and to assure uninterruptecT
service to each and all of its customers. Provided however, that such rules,' -
regulations, terms and conditions shall not be in conflict with the provisions
hereof, the rules of the Federal Communications Commission or the laws -of -the
State of idahn..
(Re: Book 2, Page 33; 4.7.69) I
' AMENDED ORDINANCE NO. 180 101
Section 5. Service Standards: The Grantee shall maintain and operate its .
system and render efficient service in accordance with such rules and regulations
as are, or may be hereinafter promulgated by the Council or by the Federal
Communications Commission. Whenever it is necessary to interrupt service for t
the purpose of making repairs, adjustments or installations, the Grantee shall
do so at such time as will cause the least amount of inconvenience to its
customers, and unless such interruption is unforeseen and immediately necessary,
it shall give reasonable notice thereof to its customers.
Section 6. City Rights in Franchise:
(1) City Rules. The Grantee shall at all times during the life of this
franchise, be subjecta to the terms and Provisions of the Meridian Cit Code.
(b) to the lawful exercise of the police power of the City, and c to such
reasonable regulation as the City may hereafter by resolution or ordinance provide.
(2) Use of System by City. The City shall have the right without cost.
to make attachments to poles owned and used by the Grantee in connection with
F its fire or police signal systems or other City use, such attachments to be
installed and maintained in accordance with the requirements of the National
Electric Safety Code and only after written notice to the Grantee; provided,
however, that the Grantee shall assume no liability or expense in connection
therewith, and provided further, that the City's use thereof shall be in such
a manner as not to interfere with the community antenna television operations
of the Grantee. In case of any emergency or disaster, the Grantee shall, upon
request of the City Council, make available its facilities to the City for
emergency use.
(a) Compliance with Grantee Rules. The City in its use and maintenance
of such wires and fixtures, shall at all times comply with the rules and
regulations of the Grantee in order that there be a minimum danger of contact
or conflict between the wires and fixtures of the Grantee and the wires and
fixtures used by the City.
(b) Liability. The City shall be solely responsible and sav a the Grantee
harmless fo—r-a-IT c aims and demands for damages to persons or property arising
out of the construction, maintenance, rearrangement or removal of poles,
wires, fixtures, or other facilities authorized by this section.
(c) Inspection of Property and Records. At all times during construction
and at all reasonable times thereafter, the Grantee shall permit any duly
authorized representative of the City to examine all property of the Grantee
situated within or without the City and to examine and transcribe ,any and all
maps and other records kept and maintained by the Grantee.
Section 7. Conditions on Street Occupancy -Use:
(1) Use. All transmission and distribution structures, lines and equip-
ment erected by the Grantee 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 or reason-
able convenience of property owners who adjoin any of the said streets, alleys
or other public ways and places, and not to interfere with existing public
un lit inctallatinn: to ill ir-q- nF tha City whPrp the rahles: wires tar
.` other like facilities of public utilities are placed underground, the Grantee
shall place its cables, wires or othei, like facilities underground to the
maximum extent existing technology reasonably permits. The Grantee shall
furnish to the file with the City, maps, plats and permanent records of the
location and character of all facilities constructed, including underground
facilities.
(2) Restoration. In case of any disturbance of pavement, sidewalk,
driveway or other surfacing, the Grantee shall, at its own expense, and in the
manner provided by the City, replace and restore all paving, sidewalk, driveway,
urn ut.her ;unlace Of any ',Lreel, ur alley disl.urhed.
(3) Relocations. If at any time during the period of this franchise the
City shall lawfully elect to alter, or change the grade or location of any
street, alley or other public way, the Grantee shall upon reasonable notice by
the City, remove, relay and relocate its poles, wires, cables, underground
conduits, manholes and other fixtures at its own expense, and in each instance
comply with the requirements of the City.
(4) Placement of Fixtures. The Grantee shall not place poles, conduits
or other fixtures above or below ground where the same will interfere with any
(Re: Book 2, Page 33; 4.7.69)
�•` lEl2 AMTNDED ORDINANCE NO. 180 '
gas, electric, telephone fixtures, water hydrant or other utility, and all such
poles, conduits or other fixtures placed in any street. shall be so placed as to
comply with all requirements of the City.
(5) Temporary Removal of Wire and/or Fixtures for Building Moving. The
Grantee shall, on request of any person holding a moving permit issued by the
City, temporarily move its wires or fixtures to permit the moving of buildings,
the expense of such temporary removal, to be paid by the person requesting the
same, and the Grantee shall be given not less than forty-eight (48) hours
"s advance notice to arrange for such temporary changes.
`i (6) Tree Trimming. The Grantee shall have authority to trdm any trees
upon and overhanging the streets, alleys, sidewalks, public places of the City
Y so as to prevent the branches of such trees from coming in contact with the
wires and cables of the Grantee, except that at the option of theity, such
trimming may be done by it, or under its supervision and direction at the
expense and liability of the Grantee.
Section 8. Erection, Removal and Common User of Poles.
(1) No poles or other wire -holding structures shall be erected by the
Grantee without prior approval of the City with regard to location, height,
type and other pertinent aspects. However, location of any pole or wireholding
structure of the Grantee shall not be a vested interest and such poles or
structures shall be removed or modified by the Grantee at its own expense
whenever the City determines that public convenience would be enhanced thereby.
(2) Where poles or other wire -holding structures of any public utility
company are available for use by the Grantee, the City may require the Grantee
to use such poles and structures if the permission and consent of such public
utility company may be obtained by the Grantee and if the terms of the use
available to the Grantee are just and reasonable, all to be done in conformance
with the rules, regulations and requirements of the Public Utility Commission
of the State of Idaho and the City.
(3) Where a public utility serving the City desires to make use of the
poles or other wire -holding structures of the Grantee, but agreement therefor
with the Grantee cannot be reached, the City may require the Grantee to permit
such use for such consideration and upon such terms as the Council shall deter-
mine to be just and reasonable, if the use will enhance the public convenience
and if it would not unduly interfere with the Grantee's operation.
(4) Where City owned utility poles are available for use of the Grantee
the Grantee shall pay the City the same pole rental per annum as paid by the
Grantee for the use of poles owned by other public utilities.
Section 9. Pa nents to the City: The Grantee shall pay to the City
annually and within sixty 60 days after the end of each period for which
this franchise is granted, an amount equal to a percentage of gross income from
subscribers residing in the City as follows:
4% for the first two years of operation.
3% for the next three years of operation.
The franchise rate is to be renegotiated by the City at the expiration of
each five (5) ypar period during the effective term of this franchise or any
c,lcna luu Ihccuf.
Section 10. Rates and Fees of Subscribers: Grantee shall be permitted
to charge the following rates and fees for its services;
Single Residential Standard Rates and Charges
A. Installation Charqes - (We United Cable Television reserve the richt durina
(1) Residential or Commercial
r�fa Primary television outlet, normal installation $20.00
b Reconnection of existin primary installation $15.00
(Re: Book 2; Page 33; 4.7.69) ^
AMENDED ORDIf = NO. 180
'10.3
(c) Additional installation at same location
1. Additionaloutlet installed at same time
$ 7.50
as primary ery ce
2. Additional outlet installed at different
time than prlmar. service
$10.00
(d) Descrambler deposit efunded upon safe
return of descrambler)
$10.00
B. Monthly Rates - Single Residential
(1) First TV, FM Radio or Commercial Outlet
Ta-)— Primary Television outlet
$ 7.95
(b) Additional TV or radio outlets (each)
$ 2.50
(2) TV Dealer of licensed service shop - flat rate
for all outlets
Free
'
t
C. Yearly Rates - Descrambler maintenance Fee
$25.00
Multiple Dwelling Unit Rates - Contained within one structure
or a group
of structures ocate� din one complex when all units are to be
served and
}
where all charges are billed to one customer.
A. Installation Charges Time 8 Material at Cost
?
B. Monthly Rates - Per TV outlets according to the following
schedule:
(1) Up to 49 (Each
$ 5.50
(2) 50 through 99 (Each)
$ 5.25
(3) 100 and over (Each)
$ 5.00
City Government and Educational Institution Rates
One Connection at each department/building
Free
Premium Television Service
A. Installation Charge
$20.00
Installed at time of basic service connection
$15.00
B. Monthly Service
$ 9.95
C. Yearly Subscription to HBO Guide
$ 2.00.
Lost or Damaged Descrambler
A. The company will charge subscribers not more than $25 for
the repair of a descrambler device damaged through the neglect
or
abuse by subscriber - normal wear expected.
B. The company will charge subscriber not more than $200 for
the
replacement of a lost or stolen descrambler device.
Miscellaneous Charges and Credits
A. Late Fee - If payment is not received by date shown on
subscriber's statement 5% of balance
B. Returned Check
$ 5.00
C. Collection Fee - In the event the company has ordered
disconnection for non-payment p yment of subscriber charges and
serviceman receives payment in full of outstanding balance
prior to termination of service
$10.00
D. Ihiwarrijil vd_ %ervirr cgil,: - in 111j.evens a serviceman is called
to a subscriber's home and can show that complaint is not
related to cable TV service
$10.00
E. Prepayment of 1 Year's Service Charges 10% Full Credit
Move outlet -different room
$ 7.50
Change of Address Charge
$ 3.50
'10.3
(Re: Book 2, Page 33; 4.7.69)
AMENDED ORDINAK i0. 180
Rates may be altered or raised by Grantee only with permission of the
Council. Any rate increase would require that Grantee give notice of its
intentions thereof to Council, and said increase would be in effect sixty
(60) days thereafter if Council does not disapprove. Should Council disapprove
the requested increase, Grantee shall be allowed a public hearing before the
Council regarding the matter, after which Council shall reconsider the increase.
Section 11. Annual Financial Report and Rate Review:
On or before April 15 of each calendar year during the term of this franchise
the Grantee shall file with the City an audited financial statement of its
operations during the preceding year. Such statement shall be prepared in
conformance with generally accepted accounting practices by any licensed
certified public accountant and shall be sufficient in detail to permit a
determination by the City that the rates and charges are fair and reasonable.
Section 12. Preferential or DiscriminatoryPractices Prohibited•
The Grantee shall not, as to rates, charges, service facilities, rules, re'
u-
'' lations, or in any other respect, make or grant any preference or advantage
_ to any person, nor subject any person to any prejudice or disadvantage, pro-
vided, that nothing in this franchise shall be deemed to prohibit the estab-
lishment of a graduated scale of charges and classified rate schedule to which
any customer coming within such classification would be entitled.
Section 13. Com an Liabilit -Indemnification: It is expressly under-
stood and agreed by and between the Grantee an the City that the Grantee shall
save the City harmless from all loss sustained by the City by reason of any
suit, judgment, execution, claim, or demand resulting from the construction,
operation or maintenance by the Grantee of its television system in the City. ..•
The Grantee shall, concurrently with the filing of an acceptance of award of
the franchise granted under this ordinance, file with the City Clerk and at
all times thereafter maintain in ful.l force and effect for the term of such
franchise or renewal thereof, at Grantee's sole expense, a general compre-
hensive liability insurance policy, in protection of the City, its officers,
boards, commissions, agents and employees, in a company authorized to do
business in the State of Idaho, and in a form satisfactory to the City Attorney,
protecting the City and all persons against liability for loss or damage for
personal injury, death and property damage, occasioned by the operations of
Grantee uneer such franchise in the minimum amount of:
$250,000.00 for property damage to any one person. !
$500,000.00 for propertv damage in.any one occurrence.
$500,000.00 for personal injury to any one person
$1,000,000.00 for personal injury in any one occurance.
Section 14. Faithful Performance Bond: Upon the commencement of con-
struction, the Grantee shall provide a construction performance bond that will
faithfully guarantee the payment of all labor and material costs incurred by
it or its subcontractors during construction of the system. The performance
bond will be issued by a company licensed to do business in the State of Idaho
and in a form approved by the City Attorney. In addition, the Grantee shall
maintain throughout the term of this franchise, a corporate surety bond issued
by a company licensed to do business in the State of Idaho and in a form approved t
by the City Attorney in the principal sum of $10,000.00, naming the City as an
insured. The surety bond shall guarantee performance of each term and condition
of this franchise contract and in the event of any breach of condition of the
bond, the amount thereof shall be recoverable from the principal by the City for
all damages resulting from failure of Grrntee to well, and faithfully perform
and observe any provision of this franchise.
01 ral 14111.11l:n'�1.: lhr (:AIV %y -Ji -lm <Jjall by irmtalled and
maintained in accordance with the minimum) standards set by the applicable rules
and regulations of the Federal Communications Commission.
i;
Section 16. Time of Construction: Grantee shall commence construction
of the Cable TV System no later than thirty (30) days after it receives final
approval from the Federal Communications Commission to establish or use a
micro -wave facility to bring in at least the following:
A commercial, independent TV station, at least one educational TV station,
and the local ABC, CBS, and NBC affiliated stations.
Grantee shall complete construction of the system within the City within
eighteen (18) months after construction commences. Prior to the commencement
of the construction and prior to final grant of authority from the Federal
Communication Commission to establish at least the minimum program requirements
(Re: Book 2; Page 33; 4.7.69) y
AMENDED ORDINANCE NO. 180 105
set forth above, Grantee shall conduct the necessary engineering studies so
that construction can commence promptly upon final approval of the Federal
Communications Commission.
In the event that the Grantee does not perform according to the provisions
of this ordinance, the City shall give written notice of the particular items
v wherein the Grantee has failed to perform and Grantee is hereby given a period
of sixty (60) days to correct the defaults of which the notice complains, If
no correction is made during said period the Council may, at its discretion,
assess a penalty of $25.00 per day until such default is corrected, or may
repeal this ordinance. Provided however, that the Grantee may petition the
Council for an extension of time to comply for good cause shown. The deter-
mination of what constitutues good cause shall be determined by the Council,
and the decision of said council shall be accepted as final.
Section 17. Extension Policy: The Council shall grant reasonable exten-
sions referred to in Section 16, in the event of strikes, floods, fire, acts
of God, force majeure, labor disputes, inavailability of building materials
beyond the control of the Grantee or any other cause beyond the control of
the Grantee.
' Section 18. Service to Schools: The Grantee shall provide service to
state accredited public and parochial schools within the City for educational
purposes upon request by the City at no cost to it or the school. The
£' Grantee may, at its option, provide similar services without cost to other
private, parochial and religious schools. -
Section 19. Duration and Conditions for Acceptance of Franchise:
The Franchise and all rights and privileges and authority hereby granted shall.;
take effect and be in force from and after final passage hereof, as provided by:,, 1
law, and shall continue in force and effect for a term of 20 years, provided"
that, within 30 days after the date of passage of this ordinance the Grantae - j
shall file with the City Clerk, in writing, duly executed by the proper
officials, the following documents: I
1. Its unconditional acceptance of this franchise; and
2. Its performance bond as provided in Section 14; and
3. Its proof of insurance as provided in Section 13.
Section 20. Limitations of Franchise: This franchise shall be a privilege
to be held in personal trust by the original Grantee. It cannot in any event a `
be sold, transferred, leased, assigned or disposed of, in whole or in part.
either by forced or involuntary sale, merger, consolidation, or otherwise,
without the consent of Council expressed by resolution:
Section 21. Separability: If any section, sentence, clause or phrase
of this ordinance or any part thereof is for any reason found to be unconsti-
tutional by a court of competent jurisdic tion, such decision shall not affect
the validity of the remaining portions of this ordinance or any part thereof.
Section 22. Miscellaneous Provisions:
x'
(1) Time is of the essence of this franchise. The Grantee shall not be
relieved of its obligations to comply promptly with any of the provisions of
this ordinanre Uy any failure, of thv F.ity to enforce prompt compliance.
i
(2) The Grantee shall have no 'recourse against the City for any loss, j
cost, expenses or damage arising out of any provisions or requirements of
this ordinance or its enforcement.
(3) The Grantee shall maintain a toll free telephone listing in the City
;. of Meridian in order that CATV maintenance service shall be promptly available
to all subscribers, which shall be a toll-free number.
(4) The Grantee shall not repair, maintain, sell or recoiorerd any
tclovi:fim nr iarii„ F1nilnnani or rp—m-nd radin and talAvision rppairmpn,
Any reNah wurk clone to subscriber sets shall be performed by repairmen
other than employees, directly or indirectly, employed by the Grantee. The
Grantee is prohibited from inducing subscribers to remove their presently
installed television antennas.
D
s (Re: Book 2, Page 33, 4.7.69)
AMENDED ORD1,wNCE NO. 180
Section 23. Publication costs: The Grantee sha 1 assume and pay all pub-
lication costs in w e adoption of a C>TV ordinance and the
granting of a franchise as required by Idaho Code, Section 50-329. A state-
ment for all such costs shall be prepared by the Ctiy Treasurer and presented
to the Grantee upon filing its acceptance with the City Clerk.
Section 24. Any and all previous ordinances granting to General
Communications and Entertainment Company, Incorporated, a Delaware Corporation,
a subsidiary of the Livingston Oil Company, a franchise to operate a Community
Antenna Television System, including ordinances No. 180 and 244 are superceded
by this ordinance, which intends and constitutes amendment of these previous
ordinances. Any and all sections, portions or provisions of such previous
ordinances which are inconsistent with, or in excess of, the provisions herein
are hereby repealed.
Section 25.There being an emer ency, this Ordinance, _o -r any amendment
hereto, shall be in full force an of ect on the 1st day after its passage,
approval and publication, or passage, approval and publication of any amendment.
PASSED by the Council of the City of Meridian, Idaho this 25th day of
September, 1978.
APPROVED By the Mayor of the City of Meridian City, Idaho, this 25th day
of September, 1978.
ROVED:
AAttest:
8
W-1
/-N,
1. ....amu ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCES 180 AND 244 AND GRANTING TO
UNITED CABLE TELEVISION CORP., BERERAh-eeRRuNi eATi8 5-ANB
fNTEi2TAiENMENT-eeMPANY ;-iNeeRPORATBB ;-A-BEbAWARE-e6RPi3RATi8N ,
A-SUBSIBIARY-eF-THE-LIVINGSTSN-elh-eeMPANY, A FRANCHISE TO
OPERATE AND MAINTAIN A COM14UNITY ANTENNA TELEVISION SYSTEM
IN THE CITY OF MERIDIAN, FOR THE PURPOSE OF INTERCEPTION,
SALE AND DISTRIBUTION OF TELEVISION AND RADIO SIGNALS TO THE
INHABITANTS OF SAID CITY; IMPOSING COMPLIANCE WITH APPLICABLE
LAWS AND ORDINANCES; AUTHORIZING A GRANT OF AUTHORITY;,
PROVIDING THAT SAID FRANCHISE SHALL BE A NON-EXCLUSIVE
GRANT; EREATI-NG-THE-TREASURE-VAbE)EY-eATV-eeMMI-TTEE; SPECI-
FYING GRANTEE RULES AND SERVICE STANDARDS; PROVIDING YOR
CITY RIGHTS IN SAID FRANCHISE; SPECIFYING CONDITIONS ON
STREET OCCUPANCY AND USE; PROVIDING FOR THE ERECTION, REMOVAL
AND COMMON USER OF POLES; SPECIFYING PAYMENTS TO SAID CITY;
PROVIDING FOR RATES AND FEES OF SUBSCRIBERS; SPECIFYING
ANNUAL FINANCIAL REPORT AND RATE REVIEW; PRESCRIBING THAT
PREFERENTIAL OR DISCRIMINATORY PRACTICES BE PROHIBITED;
REQUIRING COMPANY LIABILITY AND INDE14NIFICATION; REQUIRING
THAT A FAITHFUL PERFORMANCE BOND BE GIVEN; SETTING F(KTH
OPERATIONAL STANDARDS; SPECIFYING CONSTRUCTION COMPT, ON
AND PENALTY THEREFORE; SETTING FORTH AN EXTENSION POLICY;
REQUIRING SERVICE TO SCHOOLS; SPECIFYING THE DURATION AND
CONDITIONS FOR THE ACCEPTANCE OF FRANCHISE; PROVIDING FOR
LIMITATIONS OF SAID FRANCHISE; PROVIDING FOR SEPARABILITY;
SETTING FORTH MISCELLANEOUS PROVISIONS; ANB THE REQUINEMENT
FOR PAYMENT OF PUBLICATION COSTS; AND REPEALING INCONSISTENT
PORTIONS OF ORDINANCES 180 AND 244.
Section 1. Definitions: For the purposes of this
Ordinance, 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 tense, words in the plural include
the singular and words in the singular include the plaral.
The word "shall" is always mandatory and not directorg.
(1) "City": The City of Meridian City abode -meed,
a municipal corporation of the State of Idaho, in its
present incorporated form or in any other reorganized.
consolidated changed form.
(2) "Council": The present governing body of the City
or any future body constituting the legislative body of the
City.
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(3) "Grantee": United Cable Tel,_.ision Corporation
Tke-perseny-firm-er-eerper
an to whom or to which a
franchise under this ordinance is granted by the Council,
and the lawful successor or assignee of said person, firm or
corporation.
(4) "Street": The surface of-, and the space above and
below, any public street, road, highway, freeway, lane,
alley court, sidewalk, parkway, drive or other public
property, hereafter existing as such within the City.
(5) "Community Antenna Television System": Herein-
after referred to as "CATV System" or "System" shall mean a
system of antennae, coaxial cables, wave guides or other
conductors, equipment of facilities designed, constructed or
used for the purpose of providing television, F.M. radio, or
other services by cable through its facilities as herein
contemplated. CATV shall not mean or include the trans-
mission of any special program or event for which a separate
and distinct charge is made to the subscriber in the manner
commonly known and referred to as "pay television," but may
mean and include extraordinary or extra services or program-
ming provided on an optional monthly basis for a fixed
monthly fee.
(6) "Subscriber": Any person or entity receiving for
any purpose the CATV service of the Grantee herein.
(7) ueemmittee"---Phe-Treasure-va+4ey-eATv-eemmittee
as-provided-herein-by-Seetien-4.
Section 2. Grant of Authority: There is hereby granted
by the City of Meridian, State of Idaho, to United Cable
Television Corporation, formerly known as General Communica-
tions and Entertainment Company, Subsidiary of the Livingston
Oil Company, threagh-its-General-eonuaanieatiens-an@-Hntertain-
went-eompany-Bivisien, whose principal place of business is
Denver, Colorado, Tulsa, Gkl ahema, successors and assigns
hereinafter referred to as Grantee, the right and privilege
to construct, operate and maintain a community antenna
television system within the City for the distribution of
-2-
r
television signals, F.M. Radio, or other services by cable
approved fer-reeemmendatien the Council, eammittee,
subject to the terms, conditions and provisions contained
herein.
Section 3. Non-exclusive Grant: The right to use and
occupy the streets, alleys, public ways, and places for the
purposes herein set forth shall not be exclusive, and the
City reserves the right to grant a similar use of said
streets, alleys, public ways, and places, to any person,
firm or corporation at any time during the period of this
franchise.
Seetier�-f---�Preesnre-iTniiey-E-i�-'P-iI--Eommittee -
�nthers$atien---iteeegn#tion-ef-the-'PbT-E�i�;d-Eommittee
peMrens-nnd-respensii�i�3ty;-te-negetiete-and-reeemmead;-nom
set-€ert3�-sus-ti�at-eertein-agreement-erenting-snid-Eemmittee-
and-te-rrh#eh-the-Eity-ef-Meridian;-and-the-Grantee-are
sigxatery-is-herebg-ae#ne`riedged-and-the-dniy-appointed
representatives-ef-the-Eity-ef-Meridian;-ere-antherixed-te
aet-ter-and-ea-3�ehnif-ef-the-Eity-pnrsnnat-te-the-terms,
pre�ais3ens-and-eenditiens-e£-said-agreement.
Section 4. S. Grantee Rules: The Grantee shall have
the authority to promulgate such rules, regulations, terms
and conditions governing the conduct of its business as
shall be reasonably necessary to enable said Grantee to
exercise its rights and perform its obligations under this
franchise, and to assure uninterrupted service to each and
all of its customers. Provided however, that such rules,
regulations, terms and conditions shall not be in conflict
with the provisions hereof, the rules of the Federal Commun-
ications Commission or the laws of the State of Idaho.
Section 5. 6. Service Standards: The Grantee shall
maintain and operate its system and render efficient service
in accordance with such rules and regulations as are, or may
be hereinafter promulgated by the Council or by the Federal
-3-
Communications Commission Ihenever it is necessary to
interrupt service for the purpose of making repairs, ad-
justments or installations, the Grantee shall do so at such
time as will cause the least amount of inconvenience to its
customers, and unless such interruption is unforeseen and
immediately necessary, it shall give reasonable notice
thereof to its customers.
Section 6. g. City Rights in Franchise:
(1) City Rules. The Grantee shall at all times during
the life of this franchise, be subject (a) to the terms and
provisions of the Meridian City Code, (b) to the lawful
exercise of the police power of the City, and (c) to such
reasonable regulation as the City may hereafter by resolution
or ordinance provide.
(2) Use of System by City. The City shall have the
right without cost, to make attachments to poles owned and
used by the Grantee in connection with its fire or police
signal systems or other city use, such attachments to be
installed and maintained in accordance with the requirements
of the National Electric Safety Code and only after written
notice to the Grantee; provided, however, that the Grantee
shall assume no liability or expense in connection therewith,
and provided further, that the City's use thereof shall be
in such a manner as not to interfere with the community
antenna television operations of the Grantee. In case of
any emergency or disaster, the Grantee shall, upon request
of the City Council, make available its facilities to the
City for emergency use.
(a) Compliance with Grantee Rules. The City in its
use and maintenance of such wires and fixtures, shall at all
times comply with the rules and regulations of the Grantee
in order that there be a minimum danger of contact or conflict
QS
between the wires and fixtures of the Grantee and the wires
and fixtures used by the City.
(b) Liability. The City shall be solely responsible
and save the Grantee harmless for all claims and demands for
damages to persons or property arising out of the construction,
maintenance, rearrangement or removal of poles, wires,
fixtures, or other facilities authorized by this section.
(c) Inspection of Property and Records. At all times
during construction and at all reasonable tunes thereafter,
the Grantee shall permit any duly authorized representative
of the ecmmittee;-endfer-the City to examine all property of
the Grantee situated within or without the City and to
examine and transcribe any and all maps and other records
kept and maintained by the Grantee.
Section 7. S. Conditions on Street Occupancy -Use:
(1) Use. All transmission and distribution structures,
lines and equipment erected by the Grantee 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 or
reasonable convenience of property owners who adjoin any of,
the said streets, alleys or other public ways and places,
and not to interfere with existing public utility instal-
lations. In all areas of the City where the cables, wires
or other like facilities of public utilities are placed
underground, the Grantee shall place its cables, wires or
other like facilities underground to the maximum extent
existing technology reasonably permits. The Grantee shall
furnish to and file with the City, maps, plats and permanent
records of the location and character of all facilities
constructed, including underground facilities.
-5-
(2) Restoration. In case of any disturbance of
pavement, sidewalk, driveway or other surfacing, the Grantee
shall, at its own expense, and in the manner provided by the
City, replace and restore all paving, sidewalk, driveway, or
other surface of any street or alley disturbed.
(3) Relocations. If at any time during the period of
this franchise the City shall lawfully elect to alter, or
change the grade or location of any street, alley or other
public way, the Grantee shall upon reasonable notice by the
City, remove, relay and relocate its poles, wires, ca&les,
underground conduits, manholes and other fixtures at its own
expense, and in each instance comply with the requirements
of the City.
(4) Placement of Fixtures. The Grantee shall sot
place poles, conduits or other fixtures above or bel(w
ground where the same will interfere with any gas, electric,
telephone fixtures, water hydrant or other utility, asd all
such poles, conduits or other fixtures placed in any street
shall be so placed as to comply with all requirements of the
City.
(5) Temporary Removal of Wire and/or Fixtures for
Building Moving. The Grantee shall, on request of any
person holding a moving permit issued by the City, tenpo-
rarily move its wires or fixtures to permit the moving of
buildings, the expense of such temporary removal, to &e paid
by the person requesting the same, and the Grantee shall be
given not less than forty-eight (48) hours advance notice to
arrange for such temporary changes.
-6-
/ *_1 A* -N I
�1
(6) Tree Trimming. The Grantee shall have authority
to trim any trees upon and overhanging the streets, alleys,
sidewalks, public places of the City so as to prevent the
branches of such trees from coming in contact with the wires
and cables of the Grantee, except that at the option of the
City, such trimming may be done by it, or under its super-
vision and direction, at the expense and liability of the
Grantee.
Section 8. 9. Erection, Removal and Common User of Poles.
(1) No poles or other wire -holding structures shall be
erected by the Grantee without prior approval of the City
with regard to location, height, type and other pertinent
aspects. However, location of any pole or wireholding
structure of the Grantee shall not be a vested interest and
such poles or structures shall be removed or modified by the
Grantee at its own expense whenever the City determines that
public convenience would be enhanced thereby.
(2) Where poles or other wire -holding structures of
any public utility company are available for use by the
Grantee, the City may require the Grantee to use such poles
and structures if the permission and consent of such public
utility company may be obtained by the Grantee and if the
terms of the use available to the Grantee are just and
reasonable, all to be done in conformance with the rules,
regulations and requirements of the Public Utility Commission
of the State of Idaho and the City.
(3) Where a public utility serving the City desires to
make use of the poles or other wire -holding structures of
the Grantee, but agreement therefor with the Grantee cannot
be reached, the City may require the Grantee to permit such
-7-
use for such consideratiorllll�3 upon such terms as the Council
shall determine to be just and reasonable, if the use will
enhance the public convenience and if it would not unduly
interfere with the Grantee's operation.
(4) Where City owned utility poles are available for
use of the Grantee, the Grantee shall pay the City the same
pole rental per annum as paid by the Grantee for the use of
poles owned by other public utilities.
Section 9. le. Payments to the City: The Grantee
shall pay to the City annually and within sixty (60) days
after the end of each period for which this franchise is
granted, an amount equal to a percentage of gross income
from subscribers residing in the City as follows:
48 for the first two years of operation;
38 for the next three years of operation.
The franchise rate is to be renegotiated by the City at
the expiration of each five (5) year period during the
effective term of this franchise or any extension thereof.
end-tke-Eity-ska��-eons}der-tke-reeemmencletiens-of-tke
eemmittee.
Section 10. 11. Rates and Fees of Subscribers: Grantee
shall be permitted to charge the following rates and fees
for its services;
iet-6atiet-snstaitatien-ekarge $9.-95
Monthly-Serviee-ekarge 4-58
Eaek-ed8itienai-eutiet-insteiiatren-ekarge x:68
Mentkiy-sert�iee-ekarge-{eaek-a@e2itiena�
set} .68
PM-insta��atien-ekarge 5.-48
iteeenaeet-ekarge 3.-58
%eve-eat�et-same-ream 3.-58
-8-
-9-
Forane r e �a �
�sE-Axtiet-�neta��a63en-ekarge
S -9x95
Menthly-serv}ee-ekarge
$-4-58
Baek-additienai-set-insta��atien At-granteeas-eests
Baek-add}tienal-set-mentk�y-ekarge
{apartments}
Baek-additienai-set-mentkly-ekarge
{motels}
* Free-insta��etien-and-one-mentk-free
serviee-to-be ef£eredvte-eastomere-whe
sabseribe-daring-the-eenstraetion
period.
* When-neeeesarY7-$--;5-per-Meath-additienai
te-be-ekarged-antic-tke-test-e£-tke
eenverter-has-been-aaertiaed7-eenverter
then-beeemes-the-property-e€-the
sabseriber.
Single Residential Standard Rates and Charges
A. Installation Charges - (We United Cable Television
reserves the ra t during the construction period to offer a
free connection to any resident in the service area.
(1) Residential or Commercial
a Primary television—outlet, normal
$20.00
insta anon
(b) Reconnection of existing primary
$15.00
installation
(c) Additional nstallation at same
location
T—.--Adaitional outlet installed
at same time as primary
service
$ 7.50
2. A a3d'tional outlet installed
at different time than
primary service
$10.00
(d) Descryler de sit (Refunded upon
safe return of descr ler)
$10.00
B. Monthly Rates - Single Residential
(1) First TV, FM Radio or Commercial Outlet
aPrimary Television outlet
$ 7.95
Additional TV or radio outlets (each)
T -2—.5U
(2) TV Dealer of licensedservice shop -
at rate for all outlets
Free
C. Yearly Rates - Descrambler maintenance Fee
$25.00
Multiple Dwelling Unit Rates - Contained within one
structure
or a group of structures located in one complex when
all
units are to be served and where all charges are a
ed to
one customer.
-9-
A. Installation Charges Time & Material
at Cost
B. Monthly Rates -_Per TV outlets according to the following
schedule.
(1) Up to 49 (Each) $ 5.50
(2) 50 through 99 (Each) $ 5.25
(3) 100 and over (Each) $ 5.00
City Government and Educational Institution Rates
One Connection at each department/building Free
Premium Television Service
A. Installation Charge $20.00
Installed at time of basic service connection $15.00
B. Monthly Service $ 9.95
C. Yearly Subscription to HBO Guide $ 2.00
Lost or Damaged Descrambler
wear expected.
B. The company will charge subscriber not more than
$200 for the replacement of a lost or stolen
descrambler device.
Miscellaneous Charges and Credits
A. Late Fee - If payment is not received by date shy
on subscriber's statement
B. Returned Check
C. Collection Fee
$ 5.00
D. Unwarranted Service Calls - In the event a serviceman
a subscriber's home and can sho
not related to cable TV service
E. Prepayment of 1 Year's Service Charges
Move outlet -different room
Change of Address Charge
-10-
108 Full
Credit
$ 7.50
$ 3.50
n
Rates may be altered or raised by Grantee only with
1
t
permission of the Council. Any rate increase would re-
quire that Grantee give notice of its intentions thereof
to Council, and said increase would be in effect sixty (60)
days thereafter if Council does not disapprove. Sbould
Council disapprove the requested increase, Grantee shall _
be allowed a public hearing before the Council re srdin
the matter, after which Council shall reconsider the in-
crease.
'Phe-nbeve-rnte-and-fee-9ehedu}e-Sha}}-be-maintained-nt
the -same -rete -and -fee -set -forth -herein -until -mere -Minn -four
�4}-eat9ideT-independent-Signa}9-nre-antherized-b7-lhe
gedera}-Eemmunieatiens Eemmissien---When-the-Federal-Eemmnni-
ant#ens-Eemmissien-nntherize9-ether-independent-9i,9eenls-fer
tran9missien-b7-Grantee=-in-exees9-ef-fear-�9}T-Grantee-hea
the-eptiea-te-increase-its-rete-in-the-month}Y-serriee-charge
on}y-in-residentie}-end-eommerein}-eategerie9-of-1x868-fer
each-independent-station-authorized;-ap-te-a-Letal�eeximnm
ef-six-�6}-new=-independent-9tatiens-
Section 11. 12. Annual Financial Report and Ikte Review:
On or before April 15 of each calendar year during the term
of this franchise the Grantee shall file with the Qty an
audited financial statement of its operations during the
preceding year. Such statement shall be prepared is
conformance with generally accepted accounting practices
by a any licensed certified public accountant of -the -State -of
Edahe, and shall be sufficient in detail to permit a
determination by the City committee that the rates and charges
-11-
are fair and reasonable. e-committee-wiII-recommend I
� inerea9ee-or-rednetiona-in-the-6ranteela-retes-end
eherges-a£ter-exeminntion-of-the-£irat-gnintennie�
finaneie�-statement-and-ennnal�p-theree£ter-
Section 12. I3. Preferential or Discriminatory Practices
Prohibited: The Grantee shall not, as to rates, charges,
service facilities, rules, regulations, or in any other
respect, make or grant any preference or advantage to any
person, nor subject any person to any prejudice or dis-
advantage, provided, that nothing in this franchise shall be
deemed to prohibit the establishment of a graduated scale
of charges and classified.rate schedule to which any customer
coming within such classification would be entitled.
Section 13. 14. Company Liability -Indemnification: It
is expressly understood and agreed by and between the Grantee
and the City that the Grantee shall save the City harmless
from all loss sustained by the City by reason of any suit,
judgment, execution, claim, or demand resulting from the
construction, operation or maintenance by the Grantee of its
television system in the City. The Grantee shall, concurrently
with the filing of an acceptance of award of the franchise
granted under this ordinance, file with the City Clerk and
at all times thereafter maintain in full force and affect
for the term of such franchise or renewal thereof, at
Grantee's sole expense, a general comprehensive liability
insurance policy, in protection of the City, its officers,
boards, commissions, agents and employees, in a company
authorized to do business in the State of Idaho, and in a
form satisfactory to the City Attorney, protecting the City
and all persons against liability for loss or damage for
personal injury, death and property damage, occasioned by
the -operations of Grantee under such franchise in the minimum
amount of:
-12-
$250,000.00 for property_ damage to _ay one person.
$500,000.00 for proper,\damage in any one occusence.
$500,000.00 for personal injury to any one person.
$1,000,000.00 for personal injury in any one occurrence.
Section 14. }5. Faithful Performance Bond: Upon the
commencement of construction, the Grantee shall provide a
construction performance bond that will faithfully guarantee
the payment of all labor and material costs incurred By it
or its subcontractors during construction of the system.
The performance bond will be issued by a company licensed to
do business in the State of Idaho and in a form approved by
the City Attorney. In addition, the Grantee shall maintain
throughout the term of this franchise, a corporate surety
bond issued by a company licensed to do business in the
State of Idaho and in a form approved by the City Attorney
in the principal sum of $O,boo.00, naming the City -as. an
insured. The surety bond shall guarantee performance of
each term and condition of this franchise contract and in
the event of any breach of condition of the bond, the amount
thereof shall be recoverable from the principal by the City
for all damages resulting from failure of Grantee to well
and faithfully perform and observe any provision of this
franchise.
Section 15. 16. Operational Standards: The CATV
System shall be installed and maintained in accordance with
the minimum standards set by the applicable rules and regulations
Of the Federal Communications Commission. highest-asd-best
standards -of -the-industry-te-the-end-that-snbser3berrsha}}
reeeive-the-best-service-poesiblec--fn-determining-the
sat}s€aetery-extent-e£-seteh-standards-the-feitewsng-�1nai3-be
eensidered.
is}--The-system;-am -instatfed;-shaff-be-eapab}e_Of
Passing- the -entire -EHP-and-PM-spectrum;-and-it-sha}}wave
the- further-capability-ef-converting-HHP-for-distribmtian-te
subscribers -on -the -VHF bend;-and-the-eapabi}itp-ef Carrying_
all-sabehanne}s.
-13-
{},}--the-system,--ed-�; s}}edT-skasr-�,e-eapabie-e€
gassing-standard-eeier-4V-s#gnnis-withent-the-ixtrednetien
of -ma teria l -deg radation -a€-ee€er-€idelity-and-inteiii9enee.
{e}--'Phe-system-shaii-provide-a-signal-level-a€-869
mierevelts-measured-aeress-�5-ohms-et-the-input-terinineis-e£
eaeh-TV-reeeiver-outlet.
{d}--the-system-signal-te-Heise-ratio-shaii-net-be-less
then -4b -decibels.
{e}--Hum-medulatiea-ef-the-picture-signal-eheii-be-less
than -38.
{f}--Phe-system-shaii-use-eempenents-having-a-Y6Wii-e£
174-er-less.
E9HHFHi€�$-�iti'PEPiH�!-Y�$iaEiTf 6 €92i-6i�6�FH-6PHE�F�F.A'P�6N6
*---GBNBRAb
'Phe-speei£ieatians-as-defined-herein-shaii-eever-the
eleetrenie-equipment;-patter-supplies=-eentrelsp-€fittings,
splitters-and-direetianal-eanplers-as-map-be-required-to-eem-
plete-the-system-with-respeet-te-the-eleetrenies-end-passive
deviee9-raga}red.-
�.11-eleetrenie-equipment-and-passive-deviee9-ntii3aed
is-t3�e-system-shad-be-anpplied-frith-eemplete-eperatfing
instruetiea9-and-circuit-diagraies.
Phe-traa9mis9ien-and-di9tr3butien-System-is-te-be-se-
engineered-as-te-provide-far-the-distribntien-ef-ell-teievisier.
signals-en-very-high-€regnancy-en-channels-B-tisreugh-id-and
else-has-the-abilitp-te-distribute-BM-redia-signals-in-the
frequency-range-e£-88-te-lee-megeeyeles-
ll ---6'f 6�BH-E��iB�bl�lB6
'Phe-system-sha}}-be-eapabie-e£-delivering-ail-N�P6E-eeier
nnd-menoehrame-signnis-te-standard-B£�,-televisiea-receivers
beth-meneehreme-nnd-eeier-and-FH-receivers-rrithent-medi€i-
eatiens-er-ether-nttaehments.
-14-
The- system-shftaa-te-moigned- end- sated-fez-eeetinnens
`'a� j �,-?secsr-daily-epezat3en-Hades-ter..5eratnre-tango-eneentstered
in -the -sten.
1
A�}-eentpenents-shall-issue-an-impcdanee-ef-�3-ohms=and
this-sisa}l-include-al}-eenxin}-cab}e-eonnceters:
+file-a}eetzenie-equipment-in-the-tranic-Sine-shall-utilize
thezmatie-equalizers-in-eessjnnctiea-rrit3s-tis3s-egnipsnesst : --Suds
equalizers-are-te-pzevide-compensation-for-tile-effects-of
ten►peratare-variatier►-ef-fisc=eenx3a}-ent}es:--The-recommended
specifications-for-the-distance-ef-thermotic-ege:n}iters-assn}}
be-npprexssnate}y-every-3�4-dire€-trsus3C-dine-systems
�,atematie-leve}-centre}-eirenitry-shall-be-provided-ia-
tiro-trun#-isue-electronic-system.--�i�,E6-leeatiens-eppreximately
every-third-amplifier-}eentien:}
Ali-eenxin}-cable-connecters-shall-be-of-fisc-se}deriess
type-with-a-ssem3nni-is++pedanee-ef-�8-eisms---�}}-eessneeters-te
be-rased-*a-itil-n}e3mintsm-sisentised-eni�}es-sisa3}-ire-desigssed-te
pzeuent-eerresien-eaased-by-mating-ef-dissimilar-metals.
�}}-llB-i�AE-power-locations-shall-be-protected-by
lightening-protectors-which-are-se}f-healing-and-circuit
breaisers-€er-protection-ef-the-equipment-from-damage-dao-te
everieads--Eaeis-}l8-i�AE-power-location-shall-be-equipped-�rith
a-suitable-itp-power-line-€iltez.
posing -e€ -the -equipment -sisal} -net -be -dependent -en
€uses-a€-a-gi.uen-type-issuing-ether-than-average-eharaeteristies
€er-the-type---poses-shell-be-easily-replaceable-and-shall-be
mounted-in-a-eenuen3ent-leeatien-te-insure-e-minimum-service
requirement.
All-e3eetren}e-egrsspment-shall-be-pretested-against-tile
west#set-i3y-a-weatiser-pzee€-housing-suitab}e-far-messenger-ez
e rose-arra-metantsrtg t
i;ash-housing-shall-be-eesistrueted-e€-aluminum-ar-ef-ether
suitable-eerresien-resistant-materialT
-15-
�Zhe-system-design-and-t -signal-te-noi9e-retie-oi
the-individna}-trun3e-line- amplifiers-shall-be-saeh-that-the
Signa}-te-ne3se-retie-as-measured-between-any-trra-points-in
the-systen+-en-the-trun3e-lane-utilizing-e-model-384-B-�ie3d
6trength-Hater-shall-be-net-legs-than-46-db.
4he-hezn-medn}atien-e€-the-picture-s€gnat-observed-at
any-pesnt-threugheut-the-system-shall-be-less-than-3$.
Eress-ehanne}-inter-medu}atien-eempenenta-shat}-be-such
that-ne-vas€bl.e-eempenents-shat}-appear-en-a-b}nss�e-rkite
screen-en-any-ehsnne}-e€-the-system-with-al}-eti�er-eisnnne}a
operating-with-medu}ntien-e€-their-rated-}ode}s:
jrhe-eehe-er-ghest-eentent-in-the-reeeived-pietnre
ever-the-transpertntien-system-shat}-be-ne-mere-nnaeying-tisnn
e-sing}e-we}}-disp}seed-vides-eche-38-db-down---Rhe-eche
response-e€-the-feeder-lines-she}}-be-2A-db-minimme-w=theat
any -tape -en -the -line:
ghe-pea3e-te-valley-response-a€-any-indieidnn}-trnss�c-line
nmp}i€ier-she}}-net-be-mere-than-plus-er-minus-lf4-lb:-per
unit:--gh3s-speei€ieatien-app}ies-aeress-any-6-me-segment-e€
the-Ti7-band .
ghe-€requeney-response-e€-the-everal}-trnn3e-�e-shnl}-net
vary-xiere-than-plus-er-minus-}:b-db-3n-any-6-megneYe}e-segment
e€-the-giT-ehanne}s-�-te-6-and-�-to-}3.
�q-tn3n3A►um-}eve}-a€-�b-db3-shell-be-maintained-nt-the-end
e€-a}}-€ceder-}}nes:--Phis-level-is-te-be-eemputed-using-nn
attenuation-€aeter-a€-1-6-db-per-l98t-a€-eeble-nt-ebanne�-l3
with-amb-lent-temperature-a€-�A-degrees-p:--'?his-dee4bel-}eve}
aha}}__measured-withext-any-taps-en-the-line?--B-dbj-is-equal
to-17998-M'erevelt8.
The-astematie-gain-eentrel-circuitry-she}}-be-capable-e€
keldang-the-eutpnt-}eve}-a€-an- amp}iffier-within-}-db-r►ith-n
b-db--ekange-en-the-input.
-16-
l}-eearial-cables-used-in- the-system-sheal- babe-a-
nem-road-ebaraeteristie-impedance-e€-�5 ohms-ewer-the-entire
fregaeney-range-te-be-atidised-in-the-system:--The-impedance
shall-net-vary-mere-than-plea-er-minas-5$-Prem-�3-ohms.
The-attenaatienf€regaeney-character#stye-shat}-be-each
that-the-attenaatien-shat}-net-vary-mere-than-plea-er-minas
l-db-in-33-db-�measared-at-dl6-mos-}--£teat-the-design-fre-
qaeney-response-eharaeteristies-of-the-cable.
Trtusic-and-feeder-cables-shall-have-solid-copper-center
eendaeters.
ill-trtsn3s-end-feed-eab}es-shat}-be-ef-the-seamless
alamintrn-sheath-type-
8ieleett<ie-mater3nls-shell-be-ef-e-eallalnr-er-feamed-
pelyetbylene-materia}.
Add-materials-aced-in-the-manafactare-ef-the-coaxial
cable-sba}}-be-ef-a-virgin-Hetero-and-na-repreeessed-er
tee}aimed-materials-she}}_be-lssed-
iTi---dNSjP��T�AN-hidB-EANST�tiiHTl6N
pole-line-censtraetien-abed}-be-in-aeeerdanee-with-the
standard-atilities-practices-and-the-Natienn}-$leetrieal
Ga€ety-Fede.
per-pele-spans-ap-to-lb8-feet-tile-minimnm-brea�eing-
strength-shall-be-4,X38-poands---Sse-}y�4n-�iigh-Btrengtb
grader-seven-��}-r+ire-with-galvanised-rine-casting-�.-
tasbing-r+€re-shall-be-:843-inch-diameterrstninless
ateelT--The-rate-e€-spiral-shall-average-17888-€set-e€-Wire-ts
1888 -€set -e€ -messenger:
i
� p,}}_strand_sh�dd-be-installed-an-the-field-site-ef-the
i
pe}e=-except-taben-the-telephone-£aei}hies-are-n}ready-in- i
1
eta}}ed-ex-the-street-side-e€-the-pole;-the-television-attach-
i
meat-aha}}-else-be-en-the-street-side.---�Pbe-television-strand- ,I
she}}_nlaays-be-attached-en-the-side-o£-the-pole-te-trbieh-the
telephone-strand-has-been-nttaehedT-be-it-field-er-street-aide.
-17-
10-N VII. HF? -HARE
5f?u-r..ne int-�^o�ta-ffor-auapen9ion-c}ar..p-nttne?u+cnts}.
5f 6"-mnchine-boite-for-equipment-location-nttnchmente}.
5f 8L-thimb}epe-beta-�£or-dend-endue-nnd-gny�}.
Three- (3}-bolt-toe-anapeaaien-eiampa-(Hubbard-NOT-8963}-er-equal.
g'himbieye-gnp-bend-clump--fHabbard-9868-eeriee-er-egnni}.
Strnad-grennd-e�nmp-•{Hubbard-8956-er-egnn�};
5f6u-by-51-copper-clad-ateei-or-copper-ground-rodr.--if+ln
perfern+ed-dead-cad-��f4-6pB-or-egnn3}.
if9u-antentntie- (iteiin3�ie-bit-5188-or-egnai},
lie:-6-seiidT-eeft-drnvn-eepper-mire;-bonding-nnd-grenr�ding}.
3-ifs"-x-4-if3II-x-519u-Meeden-eroarnrass-�for-n►enating-nnd-
�npperting-equipment-cab=nets},
Ne--i8-tvre-�3}-wire-eertliee-entrnnee-Neatherpreef-eni�ie-�frem
sersr3ee-tread-te-fn�ed-entent-enbinet}.
Straps-nnd-epneere---bashing-vrire-einmpe.
6nnrd-arn►s7-3II-x-4n-x-�Bn.
6nard-arm-braeenT-fiat-4g1.
pole-gnina-
Enrr3age-beite;-3f 8n-x-4-if�u-
bag-be}te;-if4u-x-4".
Section 16. 19. Time of Construction: Grantee shall
commence construction of the Cable TV System no later than
thirty (30) days after it receives final approval from the
Federal Communications Commission to establish or use a
micro -wave facility to bring in at least the following:
A 'Phe -nearest commercial, independent TV station, at
least one educational TV station, and the local ABC, CBS
and NBC affiliated stations. and-ABe;-EBS-end-NeH-affi+inted-
statiena-ether-then-KBef-and-KTW.
Grantee shall complete construction of the system
within the City within eighteen (18) months after construction
commences. Prior to the commencement of the construction and
prior to final grant of authority from the Federal Communication
-18-
Commission to establish a program
at/"*Nast the minimum
requirements set forth above, Grantee shall conduct the
necessary engineering studies so that construction can
commence promptly upon final approval of the Federal
Communications Commission.
In the event that the Grantee does not perform according
to the provisions of this ordinance, the City shall give
written notice of the particular items wherein the Grantee
has failed to perform and Grantee is hereby given a period
of sixty (60) days to correct the defaults of which the notice
complains. If no correction is made during said period the
Council may, at its discretion, assess a penalty of $25.00
per day until such default is corrected, or may repeal this
ordinance. Provided however, that the Grantee may petition
the Council for an extension of time to comply for good
cause shown. The determination of what constitutues good
cause shall be first determined by the eommittee,-reeemmended
to-tire-interested-eity Councils, and the decision of said
councils shall be accepted as final.
Section 17. 18. Extension Policy: The council shall
grant reasonable extensions referred to in Section 16, 19,
in the event of strikes, floods, fire, acts of God, force
majeure, labor disputes, inavailability of building materials
beyond the control of the Grantee or any other cause beyond
the control of the Grantee.
Section 18. 19. Service to Schools: The Grantee shall
provide service to state accredited public and parochial
schools within the City for educational purposes upon request
by the City at no cost to it or the school. The Grantee may,
at its option, provide similar services without cost to
other private, parochial and religious schools.
` -19-
/O�
Section 19. 20. Duration and Conditions for Acceptance
of Franchise: The Franchise and all rights and privileges
and authority hereby granted shall take effect and be in
force from and after final passage hereof, as provided by
law, and shall continue in force and effect for a term of 20
years, provided that, within 30 days after the date of
passage of this ordinance the Grantee shall file with the
City Clerk, in writing, duly executed by the proper officials,
the following documents:
1. Its unconditional acceptance of this franchise; and
2. Its performance bond as provided in Section 14; +5; and
P'Y"f 0+1�hsuramat
3. Its as provided in Section 13. +4.
Section 20, al. Limitations of Franchise: This franchise
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, merger, consolidation, or otherwise, without
the consent of Council expressed by resolution. which -resolution
a3�aii-ire-predicated-open-the-reeeaunen@etiea-ef-the-8emmittee.
Section 21, a2. Separability: If any section, sentence,
clause or phrase of this ordinance or any part thereof is for
any reason found to be unconstitutional by a court of competent
jurisdication, such decision shall not affect the validity of
the remaining portions of this ordinance or any part thereof.
Section 22, 23. Miscellaneous Provisions:
(1) Time is of the essence of this franchise. The Grantee
shall not be relieved of its obligations to comply promptly
with any of the provisions of this ordinance by any failure
of the City to enforce prompt compliance.
(2) The Grantee shall have no recourse against the-
City
he-City for any loss, cost, expenses or damage arising out of any
provisions or requirements of this ordinance or its enforcement.
-20-
(3) The Grantee sha' Maintain a toll free telephone
listing in the City of Meridian each -city in order that CATV
maintenance service shall be promptly available to all
Shwll be �'
subscribers, whichatoll-free number
(4) The Grantee shall not repair, maintain, sell or
recommend any television or radio equipment or recommend
radio and television repairmen. Any repair work done to
subscriber sets shall be performed by repairmen other than
employees, directly or indirectly, employed by the Grantee.
The Grantee is prohibited from inducing subscribers to
remove their presently installed television antennas.
_ -_ --_---Pe�€oi---B�caa-oomP3 atioa-of
izrsrarra rioir -rhe--9psiew,--tire r- -�hsrr gtr
to -rhe Y ___ vf- aTr-autherime!& represenhahiue-ef-rhe
eouT=rr,--iris -crf- -T- rr - ►
brat i he _=,=I+
Sw -a-outriner�ex�iar�Phe
pIrfUZIIL these -bests. ---t:e3+8-silaIbb&-perfeeme&
atlast-anotia-ysar,-and of tezz+er-if directed -bre -eTc-=1,
tvassrre-ovmisria
w±t:!. this the
Yeah*-L7peTf ZMaaee•-sham- be- ftled with -t m ei ty
G�lerie�rrior-tvifarch IS HI i -eetch -year.
Pr.r - -System-ftequem-Y Response --*-with-ba..d -&igrr&I-
sweep
�-zrr-beertea �t
the isrp-o-€the the_= = _ ==t -unser -—The
oe-�t- IexteI--e3€-the -gesere✓ ern--sihatt-Ix�-est3at-t&-tkc-seeesr
Ci�ereT'E'sRe#3sgi23� �eel�-o3�tai�eci- €rom-tih-f�•stezhee�ai�rts.
-signal-si�atl -he-_===rtec�-c�i:err set-ap mor
rzo-�at�pefati�g-eo�i�ioj�sr-sixi•�-ire• ism-sc�riee�t-s�ideo--ate
atx�io-sig a� r-a�b ot+re.--c4taftrA-ls.
Rihere-trtl-t-also-be-���_� tr-eacI�-eeiepti-€ser iyr=______
-21-
n-S-db-ettennatar---phis-acastor;-for-test-parposes-on}y7
'� may -be -removed -after proe£-o£-performance.---No-signi£ieant
}eves- changes- she'd}d-be-apparent-after-removal-of-test
attenaaters-
�,-test-get-sha}}-be-connected-nt-the-extremity-e£-nhy
trance-}ine-end-the fregaehey-respehse;-as-seen-eh-nn-os-
ei}}escape;-she}}-net-very-mere-then-p}as-or-mines-}-'S-db-ever
the-entire-ehenne}-r►idth-
5:---System-S3gnai-te-Noise-itatia---ih-order-te-provide
teievisien-sigma}9-having-the-highest-order-ef-broadcast-qna}ity,
it-is-necessary-that-the-System-maintain-n-signal-te-noise-ratio
ih-excess-a€-��-db---4he-6ighn}-te-noise-retie-eah-be-measured
by-preceeding-as-fe}}errs-
{}}--ihsert-a-2W-test-Signa}-at-the-ihpat-te-the-distri-
bntien-system;-end-ndjast-the-Signa}-te-norma}-system-input
}eve}-eh-each-video-end-andie-carrier-ef-each-ehanhe}-to-be
axed-eh-the-system.---Snring-this-test-norma}-video-nhd-andie
signals-Shea}d-be-eh-n}}-ether-ehnnhe}s-
{�}--int-the-extremities-ef-any-trnh�e-in-the-Systems-feed
the-te9t-Signe}-late-a-fie}d-strength-meter-tared-te-fisc-video
nhd-nndie-carriers-ef-the-ehahne}s-ander-test.---Note-the
rending -obtained -eh -the -meter.
{d}--Nor+-tone-the-fie}d-strength-meter-te-mid-ehnhhe}
e€-each-videe-and-nadie-ehanne}-ander-test.---fn-the-nissenee
e€-signal;-bete-the-reading-obtained---�,-high3y-se}eetive-field
strersgt�s-meter-i9-necessary-te-measare-a-signal-to-he3se-ratio
e€-44-db-end-far-the-proper-seperetieh-ef-carriers.
{4}--the-di€€erehee-betr+een-the-tyre-readings-r+i}}-give
the-9y9tem-9igna�-te-ne'29G-rfltie:--�hi9-dS€fGrCflCC-9hen}d-bC-het
}ass-than-44-db---�Phese-measaremehts-Sha}}-be-repeated-en-video
ehenne}s-�-t3srengh-i3-
-22-
0 0
E:---System-Hum-madulatiea-
{}}--Insert-Sate-tke-Transmission-System-a-Gw-s3gaa}-for
the-pieture-earn}er-a€-any-ekaane}-to-be-used-ea-tte-System -
the-1eve}-e€-the-signal-}alerted-sheuld-be-approximately
equal- to-the-mean-value-a€-the-signals-Whish-wi3}-be-reeeived-
€rem-the-System-€sed-point---At-the-extremities-e€-the-trunk
line-e€-the-SystemT-insert-a-deteeter-and-examine-tht-resultant
signal-en-an-eseilleseepe.
{2}--3ieasure-the-average-leve}-e€-the-db-signal_
{3}--Heasuee-tie-peak-te-pear-ae-bum-va:3atien.
{4}--Phe-ratio-ia-pereeat-e£-the-peak-te-peak-ae
variation-ke-the-average-de-is-the-pereeat-system-hsa
modulation-and-shaetld-be-net-mere-than-38-
OT --- System-lntermedulatien-
{}}--Es}ibrate-the-£allowing-test-setups-si4nal-generator
with-prevision-£er-eentrelled-madelatien1-£field-strength-meter-
with-built-in-deteeter�-eseil}eseepeT-te-read--5t-modulation
e€-an-r€-Barrier-€er-a-seleeted-de€leetienT
{�}--Insert-an-nnmednlated-EW-sigma}�-nti}isia�-above
sigma}-generates-en-sae-ehannel-and-insert-a-normal-TiT-signal
input-en-eaeh-e€-the-ether-ehannels-to-be-used-in-tSe-System.
�,}}-signals-ia-the-System-Shen}d-be-set-at-r�eraal-eperatsag
levels.
{3}--Eenneet-the-€field-strength-meter-te-the-extremity
e€-the-trunkline-e€-the-System-and-tone-ke-the-anmedulated-EW-
earrier.
{4}--Eenneet-enol}leseepe-te-the-detester-e£-the-£field
skrength-meter-and-read-meds}at3er►---Medn}atien-skee}d-set
exeeed-de£leetien-as-set-wader-S-l---gepeat-this-test-ea-eaeh
videe-ehannel-H-th�engh-l3.
{3}--The-blank-sereen-teat-may-be-subs tit uted-€or-the
abeve-test-preeedure-Tke-eye
should-de*eet-ne-visible-iatermedulation-e4feets.
£----iTe}cage-�iegu}atien
{}}--Iia-Means-a€-an-antetrans=`armer7-er-nim}lar-device,
vary-tke-ae-iapn'�-e€-severs}-gyp}3€}ars-s}Mn}taneens}gi-€€rst
dar+n-te-}83-ve}ts-and-tten-np-te-}85-ve}ts:--The-System-should
eentiane-te-meet-a}}-prey€ens-per€ermanee-tests-Hader-i�et�i-c€
t�tese-sets-e€-line-ve}tage-esnditiens-
�A}--W�sile-varying-t}ie-ae-input-ve}tage-3�etween-leA-and
138-volts-at-several-amp}}€iers-measure-tkse-B-p}us7-B-Minus
end-filament-voltage:--ate-variation-in-voltage-skauld-aet-
exceed-8�.
g;---'Pest-€et-idiniMnm-6utser3ber-Farrier-Level-at-3A8-etM
eanneet3en-terMina�---'P}sese-tests-sins}}-be-perterMed-using-s
field-strengtis-Meter-wis3e3s-is-accurate-w} t}sin-5$-a€-tine-trse
peak-e€-t}Le-€'EE-star►dard-ker3sentel-sync-pulse:--'eke-indicating
reale-s�iall-}se-ealii9rated-te-read-e: �8�-times-tine-tree-peak
r€-voltage---�.11-ekaisrsels-en-tile-system-sisal}-be-nerMally
energised -and -tine- £field-suer►gtk-meter-eenneeted-te-tine-3 A8-e�ue
entput---S49nals-en-Eisanne}s-8-threngis-6-shau}d-reed-at-least
}T $-Millivelts�-and-Eisannels-�-tisreugis-l3-sisenld-read-at-}east
l-BSA-lnil}welts---�kese-tests-sisenld-be-perterMed-en-warieus
sni9serii9er-eenneetiens-near-the-extremities-e€-tine-system.
---'Pest-f er-HiniMesM-Subaeriker-�M-Farrier-�aevels--�
r€-signal-generates-siseuld-fine-eenneeted-te-tine-distribut3en-
systeM-input-and-ad3usted-te-tine-nerMal-input-level:--ill
speei£ied-v3dee-eisannels-siseuld-ire-Harms}}y-energ3xed:--�.-
£field-strengti+-Meter-siLall-be-eenneeted-aeress-ear3ens
subseriiser-388-eisM-cutlets-near-tine extremities -e£ -tine -system.
�}►e-r€-signal-geaerater-€reeineney-s}sall-He-varied-tree►-88-te
}A8-megaeye}es7-aisile-earr3er-ve}tage-3s-Measured-nt-tine-sub-
resited-cutlets---rise-Man}Mum-Measured-earr3er-siseu}d-read-
at-least-A:}8b-R+illive}ts-€rem-88-te-}A8-Megaeye}es.
-24-
/"*N
H----Mean}atea-PM-station-signs}s-fes-into-t�►e-Spstem
et-ne�ina}-ingnt-}eve}-shs}}-net-sense-netieeab}e-interaetiens
en-anp-'PiT-ehanne } .
Section 23, Z5. Publication costs: The Grantee shall
assume and pay all publication costs in connection with the
adoption of a CATV ordinance and the granting of a franchise
as required by Idaho Code, Section 50-329. A statement for
all such costs shall be prepared by the City Treasurer and
presented to the Grantee upon filing its acceptance with the
City Clerk.
Section 24. Any and all previous ordinances granting
to General Communications and Entertainment Company, Incor-
porated, a Delaware Corporation, a subsidiary of the Living-
ston Oil Company, a franchise to operate a Community Antenna
Television System, including ordinances No 180 and 244 are
superceded by this ordinance, which intends and constitutes
amendment of these previous ordinances Any and all sections,
portions or provisions of such previous ordinances which are
inconsistent with, or in excess of, the provisions herein
are hereby repealed.
Section 25, 26. There being an emergency, this Ordinance,
or any amendment hereto, shall be in full force and effect
on the lst day after its passage, approval and publication,
> or passage, approval and publication of any amendment.
PASSED by the Council of the City of Meridian, Idaho
this .2-5t4 day of Se e*n6tr, %8
APPROVED By the Mayor of the City/ of Meridian City,
Idaho, this day of �'B��ezn g ty , 1978 .
ZDMA
:
YO
RR
ATTEST:
ty Clerk
1 -25-
AMBRCSE, �I
F TZGERALD G
LONGETEIG
ATTO FNEYS AND
COINSELOXS
III EA6T FIRSTm
•s;AN, ID ANO
83642
NE 888-4461
ORDINANCE -No..
AN ORDINANCE AMENDING SECTION A OF ORDINANCE NO. 180 OF
THE ORDINANCES OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO.
SAID REVISION REPEALS THE EXISTING SECTION 11 AND SUBSTITUTES
A NEW RATE SCHEDULE. THE AMENDED ORDINANCE REPEALS SECTION
11 IN ITS ENTIRETY.
AMENDED SECTION 11
REVISED RATE SCHEDULE
To be effective at commencement of service
Revised
Original
Rate
Proposed Rate
BASIC RATES:
Single Residential T.V. or F.M.
Service (Monthly)
$ 5.95
$ 4.50
Extra T.V. or F.M. Outlets, each
(Monthly)
.75
.60
Installation
7.50
9.95
During construction period, a free
connection and 30 days free service
shall be offered to any resident in
the service area.
Additional Outlet Installation
7.50
7.60
Reconnect
5.00
3.50
Transfer Connection
5.00
3.50
Move Outlet
5.00
3.50
MISCELLANEOUS RATES:
Apartments - 100% paid by one billing -
each unit (2)
4.75
2.50
Motel, Commercial, 1st outlet
5.95
4.50
Additional Outlets
.95
.75
CONVERTER DEPOSIT, each (1)
10.00
This Ordinance shall be in full force and effect from
and after its passage, approval and publication as required
by law.
Passed by the City Council and approved by the Mayor of the
City of Meridian, Ada County, Idaho, this 5th day of November,
1973.
ROVED:
Ma r
ATTEST:
Cit Clerk j/
"'"M CANCELLATION NOTICE
LIFE & CASUALTY
Office atAETNA CASUA T' 2 W RETY Co-
p 0.
DENVER, CO 80224
THE /ETNA CASUALTY AND SURETY COMPANY
THE STANDARD FIRE INSURANCE COMPANY
Hartford, Connecticut 06115
Date May 23,
19 89
CERTIFIED RETUU R -Y v "RECEIPT REQUESTED
RE: UNIILD CABLE TELEVISION OF
tREASURE VALLEY— $10,000.00
City of Meridian FRANCHISE BOND CONS`i'RU02ION, OPrERWfION
728 Meridian Street AND MAINTENANCE OF A CABLE `ilff ISION
Meridian, Idaho 83642 SYSTEM REPLACED BY HANOVER INSURANCE
�— J BOND 14UMBER BLz 1669253
EFFEC<LIVE 6-1-88
You are hereby notified that this Company elects to cancel: _
❑ a) Individual Bond No.
covering
(Name & Address)
b) Bond or Pol icy No.��4 BCk
❑ c) Coverage under Bond or Policy No.
insofar as the acts of
❑ d) Insuring Agreement(s) of Policy No.
This cancellation is to take effect on the 25th
in accordance with the terms of said Bond or Policy.
cc: United Cable Televisions Corp.
Fred S. James of Colo (4204)
File
day of June
are concerned.
19 89,
7�:THE /ETNA CASUALTY AND SURETY COMPANY
❑ TH A D RD FIR URA COMPANY
By
Ellen G. Potter Attorney -in -Fact
CAT. 415634
•1293'76 INSURED'$ COPY PRINTED IN U.S.A.
UNITED CABLE TELEVISION
MARCH, 1990
CITY OF MERIDIAN
TODAY'S
- UNITED CABLE
TELEVISION rZa
_
]Nril f� MAliNG9196
Ten Years of
Growth & Service
1979
1990
Number of Households
Served
19000
469000
Number of Basic Channels
19
33
Miles of Cable Installed
15
19190
Number of Employees
50
94
Cost per Basic Channel
52.3 cents
57.4 cents
Cost per 1 st Premium
Channel
$9.95
$10.95
Local Annual Economic
Impact
$299009000
$7,5009000
United Cable is Committed
to Community Service.
Economic Impact
$7 Million in 1989
Annual PSA Value - $ 100,000
Channel27
Window to Community
Industry Support of Centennial
Cable in the Classroom
$85,000 Over Four Years
Supported Over 75
Treasure Valley Events
United Cable's Cost of Doing
Business Has Increased
Substantially Since 1986.
%Increase %Increase
Expense Item 89 over 86 FY 88-89
Compensation
38%
& Benefits
Programming Costs
19%
Franchise Fees &
Taxes
79%
Utilities &
Misc. Expenses
27%
Total Operating
Expenses
31%
9.1%
21.5%
32.8%
61.5%
13.5%
Since 1988, United Cable is Increasing
Full -Time Staff to Meet Customer
Service Needs
JAN 1988 DEC 1988 DEC 1989 DEC 1990 DEC 1991
Years
United Cable
is Dedicated to Providing
the Best Customer Service
1989 Feb. 1990
* Telephone Service
Response Rate 91% 96%
* Technical Assistance
Calls Completed
Within 24 Hours 98.5% 99.6%
* Average Response Time
to Technical
Assistance Call 3 Hours 3.8 Hours
* Average Time From
Order Receipt to
Installation Appointment 5.6 Days 2.0 Days
* Average Completion of
Installation Appointments 86% 85.9%
* Reliability of
Cable Service
98.3% 97.3%
Subscribers Have a High
Level of Satisfaction With
United Cable's Service
Customer Survey -March 1989
% of Subscribers
Rating Service
Service Good to Excellent
Overall Performance 90%
Satisfaction with Service 80%
Picture and Sound Quality 90%
First -Time Technical Service
Satisfaction 80%
United Cable's Image 70%
Professionalism of Customer
Service 80%
United Cable Listens to Customers
July 1989 Customer Survey
80% Asked for Additional Basic Services
40% Asked for More Movies
24% Asked for More Comedy
13% Asked for More Consumer News
United Cable
Responds To Customer
Programming Preferences
Second Pay -per -View
Channel Added (Dec. '89)
Five New Basic Programming
Services Added
QVC - America's Quality
Cable Shopping
CNBC - Consumer News and Business
Univision - Spanish International
Programming
The Travel Channel
TBN - Inspirational Programming
The Playboy Channel Dropped (Dec. '89)
39 Programming
Alternatives on United Cable
- r u«
H
uu�t ��-
United's "Full House" Service
Expands Cable
Value and Entertainment.
33 Programming Services
Free Additional Viewing Outlets
Free FM Stereo Service
24 -Hour Customer
Response Center
Free Technical Service Calls
United Cable Television
Rate Structure
Effective May 1,1990
RESIDENTIAL
Basic Service $18.95
First Premium Channel $10.95
Second Premium Channel $7.95
Third Premium Channel $7.95
The Works (4 Premium $29.95
Channels & Remote Control)
COMMERCIAL
Basic Service $18.95
Additional Outlets $4.75 each
E-1151
Subscribers To United's
Four Premium Channels Pay Less
Today Than Last Year.
Basic Service:
First Premium Ch:
Second Premium Ch:
Third Premium Ch:
Fourth Premium Ch:
Remote Control:
$10.95
7.95
7.95
7.95
$15.95
34.80
$50.75
3.50
1$54.251
Basic Service: $18.95
First Premium Ch: $10.95
Second Premium Ch: 7.95
Third Premium Ch: 7.95
Four Premium Chs: 29.95
"The Works" $48.90
Remote Control: FREE
E$74
Four -premium channel package costs less than in 1984.
(Today's cost is the same as it was in 1983)
% CPI Increase: 1979
11.3%
1985
3.6%
1980
13.5%
1986
1.9%
1981
10.3%
1987
3.6%
1982
6.2%
1988
4.1%
1983
3.2%
1989
5.0% (est.)
1984
4.3%
1990
5.0% (est.)
YEAR
NO. OF
CHANNELS
COST PER
MONTH
YEAR
NO. OF
CHANNELS
COST PER
MONTH
1979
1980
19
$9.95
1985
32
$11.75
1981
24
25
$9.95
$9.95
1986
1987
29
29
$12.25
$13.50
1982
1983
25
25
$9.95
1988
29
$15.95
1984
31
$10.60
$10.95
1989
1990
30
33
$15.95
$18.95
Compared to Cable Service
in Other Idaho Communities,
United Cable Provides
More Value at Less Cost.
Plus, United Cable Provides
FM Stereo at no Additional Cost.
Basic
Additional
Charge
Programming
Outlets
Per
Services
Month
UNITED CABLE 33
2
$18.95
Pocatello
29
1
$23.66
Coeur d'Alene
29
1
$24.75
Sun Valley
23
1
$25.89
Lewiston
24
1
$23.76
Idaho Falls
25
1
$20.81
Twin Falls
27
1
$20.27
Plus, United Cable Provides
FM Stereo at no Additional Cost.
United Cable Plans to Expand
Its Service Area in 1990.
TOTAL SYSTEM
Projects-' 108
Miles - 70.3
MERIDIAN
Projects - 6
Miles - 2.0
.r.
Issues Related to United Cable
TELCO Competition
A/B Switch
Syndex
Re -regulation
Name Change for United Cable
Property Tax Issue
Current Rate Adjustment
Unrelated to Tax Issue