Ordinance No. 94-29 Y
CITY OF TIGARD
ORDINANCE NO. �9
.a 1-4 Z' OF TIGX%DJ RREC N REPEALING CHAPTER 5_12
AN ORDINANCE FOR Tura vii 1 yr a.ivsaau, Cia+.�....,
OF THE MUNICIPAL CODE AND ADDING A NEW CHAPTER TO PROVIDE FOR THE
ESTABLISHMENT AND GRANTING OF FRANCHISES FOR THE CONSTRUCTION,
MAINTENANCE AND OPERATION OF CABLE COMMUNICATION SYSTEMS.
The City of Tigard ordains as follows:
Section 1: The Tigard Municipal Code is hereby amended by
repealing Chapter 5.12, Cable Communications and
adding a new Chapter 5.14 to read as follows:
Section 5.14.010 Definitions.
For the purpcses of this chapter, unless the context
requires otherwise:
(1) Access means the availability fog use by
various agencies, institutions, organizations,
groups and individuals in the community,
including the City and its designees, of the
cable communications system to acquire, create,
and distribute programming not under the
Franchiseets editorial control, including, but
not limited to public, educational and
government programming.
(2) Cable Service means programming, in any
combination, provided on the cable
communicatior:a system to subscribers.
(3) t^,kLe. Communications S s� means a system of
plant, facilities;, equipment, and closed s-gnat
transmission patha, including, without
limitation, antennas, cables, amp o is iers,
towers, mi=..xowave links, studios, real and
personal prcper_t.y, and any and all other
conductors, home terminals, convexrte.:e, remote
control units, and all associated equipment or
facilities designed and constructed for the
purposes of distributing cable service to
subscribers and of producing, receiving,
amplifying, storing, processing or distributing
audio, video, voice, digital, analog or other
farms of electronic or optical signals, whe-tber
processed by or awned, rented, !eased, I.-aasc d
Ordinance No. \oq
Page 1
purchased or otherwise contrelled by or within
the responsibility of the Franchisee.
(4) Franchise means the privilege conferred upon
a person, firm or organization by the City to
operate a cable communications system under the
terms and provisions of this chapter.
(5) Franchisee means the person, firm or
organization to which a franchise is granted
to operate a cable communications system
pursuant to the authority of this chapter.
(6) Leased Access Channel means any channel or
portion of a channel commercially available for
programming for persons other than the
Franchisee for a fee or charge, or other
considerations to be paid by those persons to
the Franchisee.
(7) Prcarammina means the process of causing
television programs or other patterns of
signals in video, voice or data formats to be
transmitted on the cable: communications system,
and includes all programs or patterns of
signals transmitted or capable of being
transmitted, on the cable communications
system.
(S) Fubiic i hts-of-way means the surface of, and
the space above and below, any public street,
road, alley, highway; dedicated way, local
access road or road easement used or intended
to be used by the general public for motor
vehicles, and any utility easement within the
City, to the extent the City has the right to
allow the Franchisee to use them.
Section 5.14.020 Auitb-ority
The City Council of the City of Tigard recognizes,
declares and establishes the authority to regulate
the construction, -Operation and maintenance of cable
communications systems (hereinafter "systems") for
the area located within thi City limits and to
exercise all powers necessary for that pu=ose,
including, but not limited :o, the following:
(1) To grant by resolution nonexclusive franchises
for the development and operation of a system
or systems;
ordinance No. !q•Qq?
Page 2
(2) To impose different franchise requirements
based on reasonable classifications;
(3) To impose a franchise fee;
M . -tJiy agree Or otherwise prOV1Q6(~) Ta CoiV , V4, ..i
with other local or regional governments,
counties or special districts for the
development, operation, and/or regulation of
systems, or franchises therefor,
notwithstanding the fact that the systems
extend beyond the jurisdiction of the city;
(5) To purchase, hire, construct, own, maintain,
operate or lease a system and to acquire
property necessary for any such purpose;
(5) To regulate and supervise all facets of a
system, including but not limited to:
(a) Consumer Service, consumer protection and
privacy standards.
(b) Disputes among the City, Franchisees, and
subscribers.
(c) Franchisee fair employment practices.
(d) The development, management and control
of accesa channels.
(e) Programming, channel capacity and system
interconnections.
(f) hates and review of finances for rate
adjustments.
(g) Construction timetables, standards, and
service extension policies.
(h) Modernization and upgrade of technical
aspects.
(i) Leased access channels.
(j) Ensuring adherence to federal, state and
local regulations.
(k) Franchise transfer and transfer of control
of ownership.
Ordinance Ho.cl(A. Z9
Page 3
(1) Franchise renewal.
(m) Franchise revocation.
(n) Enforcement of buy-back, lease-back or
option-to-purchase provisions.
(o) Receivership and foreclosure procedures.
(p) Compliance with City standards for public
rights-of-way.
(q) Regulate telecommunications utilities
which operate a cable communications
system.
(7) Reserve the power to exercise this grant of
authority to the fullest extent allowed by law,
and in a manner that is consistent with
superior law.
Section 5.14,030 Grant of Franchise. Renews
in the event that the Council finds it in the best
interests of the City to consider granting a
franchise for a system, one of the following
AMA
procedures shall be used:
(1) By resolution of the Council, the City
Administrator shall be directed to prepare a
request for proposal (hereafter referred to as
an "RFP") containing at least the followings
(a) Information and instructions relating to
the preparation and filing of bid
proposals;
(b) Requiremerts regarding the development,
operation and regulation of a system,
including but not limited to the
followings
(A) The length, renewal. and transfer or
assignment of the franchise,
including foreclosure and
receivership provisions,
(B) A descrxiation of the franchise
territory and the extension of
�yj � service,
Ordinance No. `7"7•aI�
Page 4
(C) Access requirements,
(p) The system design,
(B) Technical performance standards,
(F) Fees, records and reporting,
(G) Indemnification, insurance, and
liability for damages, and
(H) provision of an option for thea City
to acquire the system upon revo-ation
or expiration of the franchise;
(c) Criteria to be used in evaluating
applicant proposals.
(2) When a person is operating an existing system
without a franchise, by resolution of the
Council, the City Administrator shall be
directed to prepare a proposed franchise,
containing at least the requirements listed in
(1) (b) above, for presentation to the operator.
(3) The Council may award a franchise agreed upon
through negotiation with a franchise applicant:,
upon finding that the following special
circumstances exist:
(a) The granting of the franchise by
negotiation is in the public interest to
assure an orderly transition or
continuation of cable services for City
residents.
(b) The granting of the franchise by
negotiation does not provide the
Franchisee with a significant advantage,
as to franchise terms and conditions, over
RFP Franchisees.
(c) The granting of the franchise by
negotiation does not encourage favoritism.
(d) The granting of the franchise by
negotiation will result in service to
subscribers comparable to subscribers of
RFP franchises.
Ask Ordinance No.O' �
Page 5
1
(e) The use of an RFP, in lieu of a negotiated
franchise, would not result in a
recognizable advantage to the City or its
citizens.
The proposed franchise shall contain at least
the requirements listed in (1) (b) above.
(4) The Council, by resolution, may:
(a) Approve the RFP, proposed franchise for
existing systems, or proposed negotiated
franchise, as proposed, or modify or
otherwise make amendments thereto as it
deems necessary:
(b) Authorize the City Administrator to seek
bids for a system pursuant to the RFP,
enter discussions with a current operator
on the award of a franchisee, or negotiate
a franchise.
(5) The Council may award a franchise only after
a public hearing on the proposed franchise,
notice of which shall be published in a local
newspaper of general circulation in. the City
at least ten days prior to the date of the
hearing. The potential Franchisee shall be
notified by mail of the public hearing;
provided, however, that no defect in the notice
or failure to notify shall invalidate the
franchise awarded. The Council may award the
franchise, modify the proposed franchise and
award or take no action.
(6) No franchise or award thereof shall be deemed
final until adoption of a resolution containing
the terms and conditions thereof. The
Franchisee shall bear the costs of all
publications and notices given in connection
with the award of the franchise, and the costs
incurred by the City in evaluating the proposed
franchise.
(7) A request for renewal of a franchise will be
considered and processed in conformance with
-- Federal Law, The Council may, by resolution,
adopt procedures to be followed in the
consideration of a renewal re4uest.
Ordinance etc. jq.Q
Page 6
Sec ion 5.14.040 &dzinjgtratign of Cable
CgMnications MaRter and FrAnghise�
The Council shall have the power to carry out any
or all of the fc1lowing functions
(1) Employ the service of a technical consultant,
to assist in the analysis of any matter related
to any RFP or proposed franchise under this
chapter;
(2) Act on applications for franchises;
(3) Act on matters which might constitute grounds
for revocation or termination of a franchise
pursuant to its terms;
(4) Resolve disagreements among Franchisees and
public and private users of the system;
(5) Consider requests for rate settings or
adjustments;
(6) Coordinate and facilitate the use of access
channels;
(7) Act in intergovernmental matters relating to
systems, cooperate with regulators and
operators of other systems, and supervise
interconnection of systems;
(8) Review all Franchisee records required by the
franchise and, in the Council's discretion,
require the preparation and filing of
information additional to that required by the
franchise;
(9) Conduct evaluations of the system and the
Franchisee's compliance with franchise
requirements at least every threeyears;
(10) Adopt and amend regulations and procedures
necessary to enforce franchises and to clarify
terms thereof;
(11) Appoint an ad✓isory committee to assist the
Council in. exercising its authority pursuant
•to this Chapter;
(12) Any other actions the Council deems necessary
to carry out the purpose of this chapter.
Ordinance No.
Page 7
r
Segtion 5 14 059 Intergovernmental Agreements
The Council may enter into intergovernmental
agreements as authorized by Oregon law, with any
other jurisdiction to provide for the cooperative
regulation and control of any aspect of a cable
communications system. Such agreements may provide
for the delegation of any and all powers of the
Council to an entity provided for in the
intergovernmental agreement, except for the powers
to enter into or revoke a franchise agreement.
Section 5 14 060 Violation, Penalties and Remedies.
(1) Violation and Penalties.
(a) Any person, firm or corporation, other
than the City, whether an principal,
agent, employee or otherwise, violating
or causing the violation of any provision
of this chapter or, performing any of the
acts or functions itemized under Section
2(3) of this chapter, which defines a
cable communications system, w?.thout
having been awarded a franchise to perform
said acts or functions pursuant to the
terms of this chapter shall be deemed to
have committed a Class 1 infraction.
(b) Violation by a Franchisee of any provision
of a franchie granted pursuant to this
chapter is a 'Cl.aes 1 infraction.
(c) Each violation occurring on a separate day
is considered a separate violation of this
chapter.
(2) Cumulative Remedies. The rights,remedies and
penalties- provided in this section are
cumulative and not mutually exclusive and are
in addition to any other rights, remedies and
penalties available to the City under any other
chapter or law.
(3) Injunctive Relief. Upon authorization by the
Council, the City Attorney may commence.an
action in the Circuit Court or other
appropriate court to enjoin the continued
violation of any provision of this chapter.
Ordinance No. 6 Ll
Page 8
pection 5.14.070 Sfverability.
Invalidity of a section or part of this chapter
shall not affect the validity of the remaining
sections or parts of sections.
Section 2; Savings Clause.
(1) All terms and conditions, existing in the
Columbia Cable Franchise agreement, are not
amended by this chapter.
PASSED: By jAe%aA i"V-)LLS vote of all Council members
present after being mead by number and title only,
this day of D¢C2vve. -V , 1994.
Catherine Wheatley, City Recorder
APPROVED: This ' day of .�,. 4 ) '.994. ,
Jo Schwartz, Mayor
Approved as to form:
CKY- ttorney
Date
mc\ach\90024\cabletv.or3(12/9/94)
Ordinance No. Q Lilaq
Page 9