Ordinance No. 01-20 CITY OF TIGARD,OREGON
ORDINANCE NO,0I-,Q Q
AN ORDINANCE AMENDING CHAPTER 5.12 OF THE TIGARD MUNICIPAL CODE PERTAINING
TO REGULATION AND ADMINISTRATION OF THE CABLE SYSTEM
WHEREAS, the Tigard City Council has determined that certain sections of the Tigard Municipal Code
(TMC)are to be amended so that the TMC is internally consistent and reflects the intent of the Council;and
WHEREAS, Chapter 5.12 Cable Communications has not been reviewed or revised since its'adoption in
1979;and
WHEREAS, Chapter 5.12 needs revision to add definitions and clarify the city council's authority and
powers;and
WHEREAS, Chapter 5.12 contains unnecessary language related to the selection of franchise and
administration of the sable system ordinance and franchise;
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Tigard Municipal Code Chapter 5.12 shall be amended as shown attached as Exhibit
"Al,
SECTION 2: This ordinance shall be effective 30 days alter its passage by the Council, signature by
the Mayor,and posting by the City Recorder.
PASSED: By vote of all Council members present after being read by number and
title only,thisj3—k-day ofA.Li, uwn ham— ,2001.
Catherine Wheatley,City Recorde
APPROVED: By Tigard City Council this day of / IQL2a-v L 2001.
es E.GrARIQMM r
Approved as to form:
CW-Attorney
Date
ORDINANCE No.01,ea:0
Page l
TIGARD MUNICIPAL CODE
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Inserted Text j
Chapter 5.12 CABLE COMMUNICATIONS
SYSTEM LcJ Franchisee. Any individual,
naturalep,rson, sole groyrietorshin, 1artnership,
Sections: association, or corporation or ay other form of
enti or organization granted a franchise.
5.12.010 Short title. u PEG Access. Noncommercial use
5.12.020 Definitions. of the s stem for use 12y agencies, institutions,
5.12.030 Declaration of powers. organizations groups and individuals in the
5.12.040 Selection of franchise. community to acquire, create, receive, and
5.12.030 Administration of cable distribute services and si als including but not
communications ordinance and limited toup blit education,and government use.
franchise.
5.12.060 Violation,penalties and remedies. 5.12.030 Declaration ofop wers.
5.12.010 Short title. The city, by and through its council,
This chapter shall be known and referred recognizes, declares and establishes its authority
to as the Tigard cable s sy tem to regulate the development and operation of a
ordinance.(Ord.79-84§1,1979). cable eemmunicatiens system (hereinafter
"system") for the city and to exercise all powers
necessary for that purpose, including, but not
5.12.020 Definitions. limited to,the faregeiftg:-following:
(a) Cable System. (1) To grant by resolution
As used in this chapter, "cable ^^.... uni-ati ns nonexclusive, revocable franchises, licenses,
system" or "system" means a system of antennas, contracts or similar agreements for the
cables, amplifiers, closed transmission paths and development and operation of a system or
associated signal generation, reception, and systems;
control equipment, towers, microwave links,
cablecasting studios, and any other conductor, (2) To contract, jointly agree or
converters, equipment or facilities designed and otherwise provide with other local and regional
constructed for the purpose of producing, governments, counties or special districts for the
receiving, amplifying, storing, processing, or development, construction, operation, and
distributing audio,video,digital or other forms of regulation of a system or systems or franchises
electronic or electrical signals. It does not include therefore, notwithstanding the fact that the
a facilft that does not use public right of&a-2r system extends beyond the boundaries of the city;
public land or facilities to serve subscribers.
(3) To create local improvement districts
(b) Franchise. As used in this for the development or extension of a system,and
chapter, the term "franchise" means the non- to provide for the undergrounding of the system
exclusive revocable privilege conferred upon a as a local improvement, as that term is now or
person, firm or corporation (fFaPx44see) by the hereafter defined by Oregon Revised Statutes,
city to construct or operate a cable Chapter 223,or city ordinances;
eemmunieatiens system under the terms and
provisions of this chapter,whether in the form of (4) To purchase,hire,construct,own,
a franchise, license, or similar agreement. (Ord. maintain, and operate or lease a system and to
99-84§2,1979). acquire property necessary for any such purpose;
5-12-1 Reformatted 1994
TIGARD MUNICIPAL CODE
Deleted Tex4A
j Inserted Text 1
(a) In the event that the council finds
(5) To administer and regulate all it in the best interests of the city to grant a
supeFyise all facets of a system,including but not franchise for a system,the preeedWeq set forth in
limited to: this chapter-shall be felleived. On m_AWAn At t
eeuaeil, the city adff4M&tFa4eF manage or his
(A) Consumer complaints, designate shall be directed to prepare a request
for proposal (hereafter referred to as an "RFP"),
(B) Disputes among the city, c-entaining at least the fellewingi
franchisees,and consumers,
F1 nfermatia;
(C) Fair employment instfuetions relating to the preparation
practices, of bid peals,
(D) The dDevelopment, -(2 —ga s
management and control of a government access the develop an regulation of
channels as well as development of other access , it net limited to
channels,or contracting for this service.
(n) The
(E) Rates regulation and renewaland transferor- assignment of the
review of finances for rate adjustments, as franeWse, neluding fareelestiFeand reeeivefsWf
allowed 12y federal and state laws and rules, prei�isiett�
(F) Construction timetables (u) a a^..^,-iptie„ of
and standards, the =ancWse territory and theextensionof
(G) Modernization of (C=) The system
technical aspects, design, including channel eapaeity, channel uses,
aeeess=pr-ogramag fadlities, speeialiaed
(H) Ensuring adherence to , twe way
federal and state regulations, , interconnection a
(I) Franchise transfer and installation Fequirements,
transfer of or change of control of ownership,
(D) Teeknical
(J) Franchise renewal performance standards,
armor€ranEhise revocation,
(9) Records and
(I) Enforcement of buy-back, reper-tin&
lease back sale or other options to purchase
previsiel3s and ins Inde .,ifieatie n
Ftee,and liability for damages,
(L) Receivership and
foreclosure procedures.(Ord.79-84§3,1979). '�` n-^•^siert of an
5.12.040 Selection of franchise. ^^^`i^^OF r^"^^of the ffan ^
5-12-2 Reformatted 1994
TIGARD MUNICIPAL CGDE
r Tlel„&o.l
j Inserted Text(3) GrAeria to be used i
j
evaluating applicant rFoposals-. The city council shall have the power(s)to
carry out any or all of the following functions:
(b) The Council,by resolution,may. 0) Employ the seFvire of a teehnieal
(1` A.,•...Avis--the RFP as
pFopesed, '
amendments thereto as it deemsr4weessafy,
(2) Authorize---
adniinistfatBF to seek bids fe (3) Aet an matters which faight
t„Lsv'LTRZ
. eenstitute grounds for r-eyeeation 9F termination
seraz v/
1e\ Tt+n n:}.. n nr,:,_rho
ser- ices of a teEhai as-�ieEe sar-y, te (4) Resolve disagFeements among
assint. the 1. rte p-:Rti e tv' he fFanehisees --' .7 r..l+l.- --.a .+te -of the
" - r~ r
te evaluation of any bid.
(b) The city ee nc4 manager or its (5` A t . hearing board fe. a
designate shall prepare an evaluation of the bids requests for-Fate slett-1--k- Ajustments,
proposals received, and shall submit the
evaluation to the council together with any (6) Coerdinate the—f neWs
recommendations. The evaluation shall be made
available to the public for inspection. educational, eommunity nd
use of the publie ehannels;
(c) The council may award a
franchise to an applicant only after a public Pokey •'clwti:�t�
hearing on the application and bid proposal, the-seFaiee pmevkled nul c- ilgeFs-and the
notice of which shall be published in a local epefatien�a.d use 4n^ n eh.nneln with„view
newspaper of general circulation in the city at to the diVeFSWY of pFogr-affts
'f
least ten days prior to the date of the hearing. All ie subscribers. The' of aeeess nh.,n
applicants shall be notified by mail of the public shall be abated-oar fast came, first served
hearing; provided,however, that no defect in the basis, subjeet to limitations en moi4opelization
notice or failure to notify shall invalidate the system tine, pFiFne time(s);
franchise awarded.
(8) Eneour-age use of aeEess channels
(4)Ld,) No franchise or award thereof ,
shall be deemed final until passage of a resolution ;
containing the terms and conditions thereof. The
franchisee shall bear the costs of all publications --( ` Submit an annual report v;
and notices given in connection with the award of raentains,ata `h `total number Of ieHFS
"
the franchise.(Ord.79-84§4,1979). `utilization of ^h. els a reviesy of
plans subinitted during the year- by a franehisee
5.12.050 Administration of cable for- development ofnewser-viees, and h ur y
eommunieations system
ordinance and franchise. The annual lude the fells.,:
5-12-3 Reformatted 1994
TIGARD MUNICIPAL CGDE
r deleted Te
j Inserted Text I
eategeFiest. necessary to ensure urovision of quality cable
services to the citizens of Tigard.
(A) heeal educational uses
5.12.060 Violation,penalties and remedies.
(g) Publie aeeess c,-... leea1 (a) Viekden and Penalties Operation
—W—eentrel, Without Franchise. Any person firm or
corporation, whether as principal, agent,
(E goverrimenss employee or otherwise, violating or causing the
(such as fire, police burglar ala.F,s _and ....7.1: violation of any provision of this chapter or
announcements} performing any of the acts and/or functions
itemized under subsection (b) of Section 5.12.020,
—(D) Channel- tie use fer which defines a cable eeamnurdeations system,
lease for-pay-television, without having been awarded a franchise to
perform said acts or functions pursuant to the
(E) —Channel time—pier terms of this chapter shall be deemed to have
lease c businessal uses, inekiding committed a class A misdemeanor. Each violation
telemetry of infer-mation,and occurring on a separate day is considered a
separate violation of this chapter.
(F) informatien retrieval and
professional eaRmnunicatien (e)Ub Injunctive Relief. Upon
authorization by the city council,the city attorney
_ (10) Aet ; intergeyernmental matters may institute a suit in equity in the Circuit Court
systems,relating to systems,eeepeFate with other of the state or other appropriate court to enjoin
a ; the continued violation of any provision of this
chapter.
/ Submit budget 1
(b)(cl Cumulative Remedies. The
funds to earry out its ; rights, remedies and penalties provided in this
section are cumulative and not mutually exclusive
k1-2)J1
Review all franchisee records and are in addition to any other rights, remedies
required by the franchise and,in the city council's and penalties available to the city under any other
discretion, require the preparation and filing of ordinance or law.(Ord.79-84§7,1979).®
additional information additienal to ihat required
by thefranel4se,�
"u Conduct evaluations of the
system at least every three years with the
franchisee, and pursuant thereto, this chapter or
the franchise agreement;
("Q Pass regulations and procedures
necessary to enforce franchises and to clarify
terms thereof.(Ord.79-84§5,1979).
kfi Take any other actions it deems
5-124 Reformatted 1994