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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 r Pelee-ed Temt l 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