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Ordinance No. 79-84 CITY OF TIGARD, OREGON ORDINANCE NO. 79- 8 ►� AN ORDINANCE PROVIDING FOR THE DEVELOPMENT AND REGULATION OF A CABLE COMMU- NICATIONS SYSTEM FOR TIGARD, PROVIDING PROCEDURES FOR GRANTING FRANCHISES, AND ENFORCEMENT PROVISIONS. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1. Short Title. This ordinance shall be known and referred to as the Tigard Cable Communications Ordinance. SECTION 2. Definitions. A. Cable Communications System. As used herein, "Cable Communications System" or "System" means a system of antennas, cables, amplifiers, towers, microwave links, cablecasting studios, and any other conductor, converters, equipment or facilities designed and constructed for the purpose of producing, receiving, amplifying, storing, processing, or distributing audio, video, digital or other forms of electronic or clectrical signals. B. Franchise. Ps used herein, the term "Franchise" means the privilege con erred upon a person, firm or corporation (franchisee) by the City of Tigard to operate a cable communications system under the terms and provisions of this ordinance. SECTION 3 : Declaration of Powers. -he city, by and through its council, recognizes, declares and establishes its authority to regulate the development and operation of a cable communications system (hereinafter "System") for the City of Tigard and to exercise all powers necessary for that purpose, including, but not limited to, the foregoing: A. To grant by resolution non-exclusive franchises for the development and operation of a System or Systems; B. To contract, jointly agree or otherwise provide with other local or regional governments, counties or special districts for the development, operation, and regulation of a System or Systems or franchises therefore, notwithstanding the fact that the System extends beyond the boundaries of the city; C. To create local improvement districts for the development or extension_ of a System, and to provide for the undergrounding of the System as a local improvement, as that term is now or hereafter defined by Oregon Revised Statutes, Chapter 223, or city ordinances; D. To purchase, hire, construct, own, maintain, and operate or lease a System and to acquire property ;necessary for any such purpose; E. To regulate and supervise all facets of a System, including but not limited to: (1) Consumer complaints; (2) Disputes among the city, franchisees, and consumers; (3) Fair employment practices; (4) The development, management and control of a government access channel as well as development of other access channels; (5) Rates and review of finances for rate adjustments; (6) Construction timetables and standards; (7) Modernization of technical aspects; (8) Ensuring adherence to federal and state regulations; (9) Franchise transfer and transfer of control of ownership; (10) Franchise renewal and/or franchise revocation; (11) Enforcement of buy-back, lease back or option to purchase Provisions; and (12) Receivership and foreclosure procedures. SECTION 4: Selection of Franchise. A. In the event that the council finds it in the best interests of the city to grant a franchise for a System, the procedures set forth herein shall be followed. On motion of the council, the city administrator or his designate shall be directed to prepare a request -LGr proposal (hereafter referred to as an "RFP") containing at least the following: _ (1) Information and instructions relating to the preparation and filing of bid proposals; Ordinance No. 79-84 Page 2 (2) Requirements regarding the development, operation and regulation of a System, including f but not limited to the following: a) the length, renewal and transfer or assignment of the franchise, including foreclosure and receivership provisions, b) a description of the franchise territory and the extension of service, C) the system design, including channel capacity, channel uses, access programming facilities, specialized services, point to point service, two-way pro- visions, subscriber privacy, interconnection of systems, and underground and above ground installation requirements, d) Technical performance standards, e) records and reporting, r- f) indemnification, insurance, and liability for damages; and g) provision of an option for the city to acquire the System upon revocation or expiration of the franchise; (3) Criteria to be used in evaluating applicant proposals. B. The Council, by resolution, may: (1) Approve the RFP as proposed, or modify or otherwise make amendments thereto as it deems necessary. (2) Authorize the city administrator to seek bids for a System pursuant to the RrP. C. The city council may ,employ the services of a technical consultant, as necessary, to assist in the analysis of any matter relative to the RFP and to the evaluation of any bid. D. The city council or its designate shall prepare an evaluation of the bids received, and shall submit the eval.uatiOn to the council together with any recommendations. The evaluation shall be made mailable tothe public for inspection, 4 r Ordinance No. 79-84 E. The council may award a franchise to an applicant only after a public hearing on the application and bid, notice of which shall be published in a local newspaper of general circulation in the city at least ter. (10) days prior to the date of the hearing. All applicants 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. F. No franchise or award thereof shall be dee«ed final until passage 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. SECTION 5: Administration of Tigard Cable Communications Ordinance and Franchise. Tigard City Council shall have the power(s) to carry out any or all of the following functions: (1) Employ the service of a technical consultant, to assist in the analysis of any matter relative to any franchise under this ordinance; (Z) Act on applications for franchises; (3) Act on matters which might constitute grounds for revocation or termination of a franchise pursuant to its terms; (9) Resolve disagreements among franchisees and public and private users of the System; (5) Act as hearing board for all requests for rate settings or adjustments; (6) Coordinate the franchisee's consultant services to facilitate government, educational, community group and individual use of the public channels; (7) Determine general policy relating to ' the service provided subscribers and the operation and use of access channels, with a view to maximizing the diversity of programs and services to subscribers. The use of access channels shall be allocated on a first came, first served basis, subject to limitations on monopolization of System time, or prime time(s); (8) Encourage use, of access channels among the widest range of institutions, groups and individualswithin the city; ordinance No. 79-54 'age 4 (9) Submit an annual report which contains, at a minimum, the total number of hours of utilization of access channels, a review of any plans submitted during the year by a franchisee for development of new services, and hourly subtotals for various programming categories. The annum report shall include the following programming categories: a) local educational uses including library, public and private schools, b) public access for local programming under public control, c) local government access (such as fire, police, burglar alarms, and public announcements) , d) channel time use for lease for pay television, e) channel time use for leave for business or municipal uses, including telemetry of information, and f) information retrieval and professional communication; (10) Act in intergovernmental matters relating to Systems, cooperate with other Systems, and supervise interconnection of Systems; (11) Submit budget request(s) to the Budget Committee for requested appropriation of funds to carry out its functions; (12) Review all franchisee records required by the franchise and, in the city council's discretion, require the preparation and filing of information additional to that required by the franchise; (13) Conduct evaluations of the System at least every three (3) years with the franchisee, and pursuant thereto, this ordinance or the franchise agreement; (14) Pass regulations and procedures necessary to enforce franchises and to clarify" terms thereof. Ordinance No. 79-84 'age 5 .�....., 3ECTION 1. Severability. The provisions of this ordinance are severable. If any section or part of this ordinance is for any reason held eo be invalid, superceded or otherwise determined to be of no force and affect, such decision shall not affect the validity or enforceability of the remainder of this ordinance. SECTION 7: Violation, Penalties and Remedies. A. Violation and Penalties. Any person, firm or corporation, whether as principal, agent, employee or other- wise, violating or causing the violation of any provision of this ordinance or performing any of the acts and/or functions itemized under Section 2A of this ordinance, which defines a cable communications system, without having been awarded a franchise to perform said acts or functions pursuant to the terms of this ordinance shall be deemed to have committed a Class A misdemeanor. Each violation occurring on a separate day is considered a separate violation of this ordinance. B. 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 ordinance or law. C. IRelief. Upon authorization by the city council, the city attorney may institute a suit in equity in the Circuit Court of the State of Oregon or other appropriate court to enjoin the continued violation of any provision of this ordinance. PASSED: By ���i.�a(nimoc�S vote of all council members present thisday of 1979, after being read two times by number and title only. r RECO DER, CITY F T RD APPROVED: By the mayor this 9H` day of w p ► 1979. Y R, CITY D P- f T ` t Ordinance No. 79-84 a Page 6