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HomeMy WebLinkAboutORD222ORDINANCE NO.222 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE BY ADDING CHAPTER 14 CABLE TELEVISION,SECTION 14-1-1 THROUGH SECTION 14-1-48,REPEALING ANY CONFLICTING PROVISIONS,PROVIDING FOR SEVERABILITY AND PROVIDING PENALTIES. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AS FOLLOWS: SECTION I IN GENERAL That Code Article 14-1 CABLE TELEVISION be added to the Apache Junction City to read as follows: Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section 14-1-1 14-1-2 14-1-3 14-1-4 14-1-5 14-1-6 14-1-7 14-1-8 14-1-9 14-1-10 14-1-11 14-1-12 14-1-13 14-1-14 14-1-15 14-1-16 14-1-17 14-1-18 14-1-19 14-1-20 14-1-21 14-1-22 14-1-23 14-1-24 14-1-25 14-1-26 14-1-27 14-1-28 14-1-29 14-1-30 14-1-31 14-1-32 14-1-33 14-1-34 14-1-35 14-1-36 14-1-37 14-1-38 14-1-39 14-1-40 14-1-41 14-1-42 14-1-43 14-1-44 14-1-45 14-1-46 14-1-47 14-1-48 Ordinance NO.222 Page One of Thirteen Definitions License Required License Binding Terms of License Application Hearing Acceptance System Capability Technical Standards Access Channels Public Buildings Emergency Override Emergency Power Parental Control Devices Construction Standards Construction Notification Construction Sequencing Safety Requirements Undergrounding Construction Commencement Timeliness Liquidated Damages Construction Inspection Fees Rates License Fee Tax Schedule Periodic Reports Performance Tests Record Inspection Customer Service License Discussions License Renewal Reversion Condemnation Removal,Adjustment and Abandonment of Property of Licensee Termination Transfer of Ownership Conformity to City Codes,Policies and Procedures Modification Non -Discrimination Equal Employment Opportunity Obscenity Building Moving Tree Trimming Indemnity and Hold Harmless,Waiver of Damages Insurance Performance Bond Continuing Regulatory Jurisdiction Section 14-1-1 Definitions A."Access channels"shall mean composite channels to be used at no charge for educational purposes and by government and public agencies and their representatives. B."Applicant"means any person or entity that applies for a license. C."Basic services"means those broadcast and non -broadcast services provided by the cable operator as primary programming for one monthly charge. D."CATV"shall mean a community antenna television system as herein- after defined. E."Channel"means a single path or section of the spectrum which carries a television signal. F."City"means the City of Apache Junction,a municipal corporation of the State of Arizona. G."Community antenna television system"means a system of antenna, coaxial cables,wires,wave guides,or other conductors,equipment or facilities designed,constructed or used for the purpose of providing television or FM radio service by cable or through its facilities as herein contemplated. H."Council"means the governing body of the City. I ."FCC"shall mean the Federal Communications Commission,a regulatory agency of the United States government. J."Gross revenues"shall mean income derived from basic cable,premium channels,local origination lease charges,installation charges and all other sources. K."License"means the non-exclusive right or authority to construct, operate and maintain a cable television system by use of City owned rights -of -way,easements or other publicly owned properties. L."Licensee"means the person,firm or corporation to whom or which a license,as hereinabove defined,as granted by the Council under this ordinance and the lawful successor,transferee or assignee of said person,firm or corporation. M."Office"shall mean the CATV administrator designated by the City as being responsible for the administration of the licenses. N."Premium services"means broadcast programming over and above those provided basic services for which there is additional charge. 0."Property of licensee"shall mean all property owned,installed or used by a licensee in the conduct of a CATV business in the City under the authority of a license granted pursuant to this ordinance. P."Street"means the surface of and the space above and below any public or private street,road,highway,freeway,lane,path,alley, court,sidewalk,parkway,drive,federally patented easement or any other City right-of-way,now or hereafter existing as such within the City. Q."Subscriber"means any person or entity receiving for any purpose the CATV service of a licensee. Ordinance NO.222 Page Two of Thirteen Section 14-1-2 License Required No person shall construct,install,maintain or operate a System within,along or under any street in the City,or any other public property in the City, unless a license has first been granted by the City pursuant to the provisions of this Chapter,and unless the License is in full force and effect. Section 14-1-3 License Binding All provisions of this Chapter and any License shall be binding upon Licensee, its successors,lessees or assignees. Section 14-1-4 Terms of License Any license granted pursuant to this ordinance shall be non-exclusive and shall not preclude the City from granting other or future licenses or permits or preclude the City from using any roads,right-of-way,streets or other public properties or affect its jurisdiction over them or any part of them, or limit the full power of the City to make all necessary changes,as the City in its sole discretion shall decide,including the dedication,establish- ment,maintenance and improvements of all new rights -of -way and thoroughfares and other public properties of any type.The license will be granted for a period of fifteen (15) years. Section 14-1-5 Application Each applicant for a license to construct,operate or maintain a cable tele- vision system within the City shall file an application form furnished by the City together with a non-refundable fee of one thousand dollars ($1,000) in the form of a certified check. Section 14-1-6 Hearing After applications have been reviewed and approved by the CATV Committee, the City Council shall conduct a public hearing to determine the following: 1.That the public will be benefited by the granting of a license to the applicant. 2.That the applicant has requisite financial and technical resources and capabilities to build,operate and maintain a cable television system in the area. 3.That the applicant has no conflicting interests,either financial or commercial,which will be contrary to the interests of the City. 4.That the applicant will comply with all terms and conditions placed upon the licensee by this ordinance. 5.That the applicant is capable of complying with all the relevant federal,state and local regulations pertaining to the construction, operation and maintenance of the facilities and systems incorporated in its application for a license. Section 14-1-7 Acceptance A.No license granted pursuant to the provisions of this ordinance shall become effective unless and until the ordinance granting same has become effective. B.Within thirty (30)days after the effective date of the ordinance awarding a license,or within such extended period of time as the Council in its discretion may authorize,the licensee shall file with the City Clerk its written acceptance,in form satisfactory to the City Attorney,of the license,together with a reimbursement for consulting service fee not to exceed twenty thousand dollars ($20,000)and the bond and insurance policies required. Ordinance NO.222 Page Three of Thirteen Section 14-1-8 System Capability Licensee shall provide the minimum of 400 mghz system capable of fifty- four (54)operational channels. Section 14-1-9 Technical Standards Licensee shall comply with FCC rules,Part 76,Subpart K,Section 76.601 through 76.610 and as amended. Section 14-1-10 Access Channels Licensee shall provide a minimum of three dedicated access channels,one for public,one for local government and one for educational use.Such channels will be made available without charge. Section 14-1-11 Public Buildings Licensee shall make available without charge one (1)outlet in each existing and future municipal,public and educational institution buildings,so designated by the City.A list of such buildings is avail- able from the City.The licensee will also provide basic cable service to these buildings at no charge. Section 14-1-12 Emergency Override Licensee shall make provision for emergency alert to override all audio signals distributed by operator.Licensee shall designate a video channel for emergency announcements.Control of these facilities shall be the authority of the City of Apache Junction. Section 14-1-13 Emergency Power Licensee shall provide a standby power system to automatically activate equipment at the headend and hubs,as applicable,in event of a primary electrical failure. Section 14-1-14 Parental Control Devices Licensee shall make available suitable devices for limiting access to cable channels. Section 14-1-15 Construction Standards A.All facilities constructed under this ordinance shall be placed and maintained at such places and positions in or upon such streets, avenues,alleys and public places so as not to interfere with the free passage of traffic and the free use of adjoining property,and shall conform to applicable City and State Codes,and other City requirements pertaining to such construction.The licensee is responsible for obtaining all easements on all private properties. B.Where construction impacts upon existing utility company's equip- ment or property,such as poles and installed piping,the concerned utility shall be contacted prior to construction.Construction in such cases shall be coordinated with the utility company and work shall be done in strict adherence to all policies,procedures,and codes of the involved utility company,in addition to City,County and State requirements. Section 14-1-16 Construction Notification The City shall establish minimum requirements for advance notification to residents adjacent to proposed construction areas. Ordinance NO.222 Page Four of Thirteen Section 14-1-17 Construction Sequencing Permits for construction shall be issued sequentially limiting construction in one quarter section at a time.As construction nears completion in one quarter section,a permit for the next quarter section will be issued. Section 14-1-18 Safety Requirements A.The licensee shall,at all times,employ professional care and shall install and maintain and use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage,injuries,or nuisances to the public. B.All structures,lines,equipment and connection in,over,under,and upon the streets,sidewalks,alleys,and public ways or places of the license area,wherever situated or located,shall at all times be kept and maintained in a safe,suitable condition,and in good order and repair. C.The City reserves the right to see that the system of the licensee is constructed and maintained in a safe condition and if an unsafe condition is found to exist,to order the licensee to make necessary repairs and alterations.The City may make them or have them made, and collect all cost and expense thereof from the licensee. Section 14-1-19 Undergrounding A.In those areas and portions of the City where the transmission or distribution facilities of the public utility providing telephone service and those of the utility providing electric service are underground or hereafter may be placed underground,then the licensee shall likewise construct,operate and maintain all of its transmission and distribution facilities underground.Amplifiers in licensee's transmission and distribution lines may be in appropriate housing upon the surface of the ground as approved by the City.At no time shall the licensee erect any poles for the use of attaching CATV lines without the express permission of the City of Apache Junction. B.The licensee is responsible to furnish the exact location of its underground wires and/or conduit upon the request of the City of Apache Junction or any other utilities. Section 14-1-20 Construction Commencement Upon granting of the license,licensee shall immediately pursue the obtaining of all other necessary permits and licenses.No later than ninety (90)days subsequently to obtaining such licenses and permits, licensee shall begin construction.The City may at its discretion issue sequential permits for construction of sections by the licensee. Section 14-1-21 Timeliness Licensee will agree that the complete proposed system will be installed within two (2)years of awarding of the franchise.Exceptions can only be granted by the City.The City shall have the right to monitor and enforce pro rata construction schedules leading to this end as submitted by the licensee.Areas subsequently annexed by the City will be completed within a time period established by the licensee and the City,but not to exceed six (6)months without the express permission of the City of Apache Junction,provided there are at least twenty (20)such dwelling units per street mile or one such unit within three hundred (300)feet as measured from existing system. Ordinance NO.222 Page Five of Thirteen Section 14-1-22 Liquidated Damages A licensee shall be assessed the sum of five hundred dollars ($500)per day as compensatory liquidated damages for each day the installation is not fully completed after the expiration of the two (2)year period following the awarding of the license. Section 14-1-23 Construction Inspection Fees The City shall have the right to charge the licensee for time spent by City Inspectors in inspecting and verifying construction standards of the licensee. Section 14-1-24 Rates No licensee shall impose upon the Subscribers rates or charges for Basic Services,or increases in such rates or charges,until i t has been deter- mined by the City that such rates are not in excess of a reasonable amount. 1.Any applicant for a new license or for the renewal or extension of a license and any licensee proposing any increases in rates and charges for the installation of cable or Basic Services shall first file with the City a schedule of the proposed rates and charges or the proposed increased rates and charges together with an affidavit certifying compliance with this section.The schedule shall include among other things,the following: a.Installation of Basic Service. b.Periodic charges for Basic Service. c.Installation for premium service. d.Periodic charges for premium service. e.Installation of FM service. f .Periodic charges for FM service (including rates for FM service as a primary service). g.Charges for relocating and reconnection. h.Converter charges. i .Charges for parental control keys. j .Installation charges for bulk/commercial service. k.Periodic charges for bulk/commercial service. 1.Installation charges for additional outlet service. m.Periodic charges for additional outlet service. n.Discounts for multiple premium services,etc. o.Interactive service charges. p.Extended drop installation charges. q.Teletext type service and equipment charges. r .All other charges proposed. 2.The City shall examine and investigate the schedule submitted by the applicant or licensee,and make recommendations to the City Council.The City will use the following criteria for determining the reasonableness of the rates:the fees charged to Subscribers by CATV providers to persons in the surrounding communities;the cost and expense to the licensee of the services provided;the extent of capital investment in the City by the licensee;the State -of- the -Art and the technological status of the system in the City of the licensee;and,a fair rate of return on investment by the licensee. 3.I f a request for a rate increase has not been acted upon within one hundred and twenty (120)days of the date of submission by the licensee to the City,the licensee may increase Subscriber rates in the interim, subject to final action by the City. Section 14-1-25 License Fee The licensee shall pay the City quarterly,on or before the tenth (10th) day of each January,April,July and October,a sum equal to five (5%) percent of the Gross Subscriber revenues charged by the licensee.The Ordinance NO.222 Page Six of Thirteen The City shall have the right,and reasonable time,to inspect the books and records of the licensee for the purpose of ascertaining the actual Subscriber charges and licensee shall furnish promptly with each payment a statement out- lining Subscriber charges upon which payment was based.This license fee shall be in addition to the City Business License fee as set forth in Chapter 8, Section 8-5-4 of this Code and in addition to sales tax payments in accordance with Section 14-1-26 of this Chapter.The City expressly reserves the right to cause the license fee percentage stated in this section to be subject to negotiation in the event i t is determined that the F.C.C.lacks jurisdiction to impose percentage limitations on license fees,i f the percentage limitation is revised by the F.C.C.,or any other event occurs to permit negotiation or renegotiation. Section 14-1-26 Tax Schedule An amount equal to the current or prevailing percentage of the gross proceeds of sale or gross income from the business shall be payable to the City of Apache Junction through the Arizona Department of Revenue in accordance with Chapter 8, Section 8-3-3 of this Code. Section 14-1-27 Periodic Reports The licensee shall furnish to the City within sixty (60)days of the conclusion of its fiscal year,a report of its activities,including,but not limited to the following: A.Annual Report. B.A copy of the 10-K Report,i f required by the F.C.C.,otherwise,an independently audited financial report. C.Listings of the number of Subscribers with the City. D.The number of homes passed. E.The number of Subscribers with Basic Services. F.The number of Subscribers with Premium Services. G.The number of Subscribers using two-way services. H.The number of hook-ups in period. I .The number of disconnects in period. J.The number of miles of cable laid in period. K.Total number of miles of cable in City. L.Comments on citizen relations,such as number of complaints received and how those complaints were resolved. M.Plans for future technical upgrading. N.Plans for future programming and/or changes. O.Maps indicating existing location of headend equipment,trunk and distribution lines and projected routes with construction completion estimate by month or quarter. P.General comments. Section 14-1-28 Performance Tests On an annual basis,or as may be required by the City,the licensee shall furnish test results to determine that such system is adhering to technical standards as required by this document. Section 14-1-29 Record Inspection The City reserves the right to inspect the records of the licensee at any appointed time during normal business hours.Such documents will include,but not be limited to such information as financial records,tax returns,customer complaints,and plans.Such data shall not be withheld by the licensee by reasons of being labeled as "confidential"or "proprietary". Ordinance NO.222 Page Seven of Thirteen Section 14-1-30 Customer Service The licensee shall provide a local business office which subscribers may telephone without incurring added message or toll charges.Licensee shall provide an adequate number of telephone lines,telephone instruments and trained personnel to insure against undue delay in answering consumer requests.In addition,telephone answering recording devices shall be activated after normal business hours so that all such inquiries and/or complaints may be monitored and prompt response made by the licensee.The efficiency of such telephone response will be judged by the City by citizen's complaints and spot checks by City officials and upon notification of de- ficiency,licensee will then take immediate corrective action.A company log of all such complaints and time of corrective action shall be maintained for future inspection by the City. Section 14-1-31 License Discussions A meeting between the licensee and the City shall be held annually on or about the anniversary date of the granting of the license;however,such meetings may •be called at other such times as may be deemed necessary by either the City or the licensee.The subjects of the meeting will cover, but not be limited to,consumer complaints,construction progress,pro- gramming,State -of -the Art improvements and other matters. Section 14-1-32 License Renewal The licensee may apply for renewal of the license upon its expiration sub- ject to conditions then established by the City and applicable FCC reg- ulations. The City may also seek additional applicants to operate,and i f required, expand and up -grade the system. The City shall also have the right to acquire the system at fair market price at the time of purchase and in accordance with all Federal and State rules and regulations.Such market value will be determined by accepted accounting methods except that no value will adhere to the system by right of having the license. Section 14-1-33 Reversion The City reserves the unconditional right to purchase the entire or any portion of a licensee's system at a fair market price at the time of pur- chase and in accordance with all Federal and State rules and regulations in the even -L(0f non compliance with any provisions of this ordinance.In determining fair market price,no consideration of value will be made for right or privilege granted to licensee.This provision is in addition to all the other rights and remedies available to the City under this ordinance or any other statutory or common law and shall not require an exclusive election of such remedies. Section 14-1-34 Condemnation I f during the term of a license or an extension thereof,the City shall acquire by purchase or condemnation any of a licensee's property or assets maintained or used under the franchise,the City shall pay only the fair market value at that time for the property and/or physical assets at time of purchase. Section 14-1-35 Removal,Adjustment and Abandonment of Property of Licensee The City may direct the licensee to temporarily disconnect,bypass or adjust any equipment of the licensee in order to complete street construction or modification,install or remove underground utilities,or for other reasons of public safety improvement and efficient operation of the City.Such re- moval,relocation,adjustment or other requirement shall be at the sole ex- pense of the licensee. Ordinance NO.222 Page Eight of Thirteen In the event that the use of any part of the CATV system is discontinued for any reason for a continuous period of twelve (12)months,or in the event such system or property has been installed in any street or public place without complying with the requirements of licensee's license or this ordinance,or the license has been terminated,cancelled or has ex- pired,the licensee shall promptly,upon being given ten (10)days notice remove from the streets or public places all such property and poles of such system other than any which the Department of Public Works may permit to be abandoned in place.In the event of such removal,the licensee shall promptly restore the street or other area from which such property has been removed to a condition satisfactory to the Department of Public Works. Any property of the licensee remaining in place sixty (60)days after the termination or expiration of the license shall be considered permanently abandoned. Any property of the licensee to be abandoned in place shall be abandoned in such manner as the Department of Public Works shall prescribe.Upon perma- nent abandonment of the property of the licensee in place,the property shall become that of the City,and the licensee shall submit to the Department of Public Works an instrument in writing,to be approved by the City Attorney, transferring to the City the ownership of such property. Section 14-1-36 Termination A.Any license granted by the City may be terminated during the period of such license for any of the following reasons: 1.Failure by the licensee to comply with material provisions of this ordinance. 2.Failure of the licensee to comply with FCC regulations. 3.Failure by the licensee to comply with other lawfully issued rules issued by the City pursuant to this ordinance. 4.Petition by the licensee i f approved by the City. B.The procedure to be followed resulting in termination for any of the above reasons,save licensee's request,will be: 1.City will direct in writing licensee to correct such deficiencies or comply with such regulations within a specified period of time. 2.Failure to do so will cause the matter of termination to be brought before a public meeting of the City. 3.At such hearings,the licensee and other interested parties may offer evidence explaining or mitigating such non-compliance.The City will make the determination as to whether such non-compliance was with just cause.In the event the City shall find such non- compliance was without just cause,the City may fix an additional time period to cure such deficiency(ies).I f this has not been effected at the expiration of this additional extended period,the City may pass a resolution declaring the license to be terminated and forfeited. Section 14-1-37 Transfer of Ownership A.Any license awarded by the City shall be based upon an evaluation by the City of the application,the qualifications,and other criteria as such pertains to each particular applicant.No license can be sold,trans- ferred,leased,assigned or disposed of in whole or in part either by sale,voluntary or involuntary,merger,consolidation or otherwise,un- less approval is granted by the City under the same procedures,terms and conditions as an original application. B.An assignment of a license shall be deemed to occur if there is an actual change in control or where ownership of more than fifty (50%)percent of the beneficial interest in licensee is acquired by a person or group of persons acting in concert,none of which already own fifty (50%)percent or more of the beneficial interests,singly or collectively. Ordinance NO.222 Page Nine of Thirteen C.Any transfer or assignment approved by the City shall be evidenced by a written instrument,a duly executed copy of which shall be filed with the City within ninety (90)days after the approval of the transfer or assignment by the City.By said instrument,the assignee shall agree to comply with all terms of this ordinance,the assignor's application and any additional terms required by the City. Section 14-1-38 Conformity to City Codes,Policies and Procedures Licensee will be required to conform with all local policies,procedures, rules,codes and regulations as required by the City of Apache Junction. Section 14-1-39 Modification If any portion of this ordinance should be inconsistent with any rule or regulation now or hereinafter adopted by the FCC,then to the extent of the inconsistency,the rule or regulation of the FCC shall control for so long,but only for so long,as such rule or regulation shall remain in effect,but the remaining provisions of this ordinance shall not here- by be effected. Section 14-1-40 Non -Discrimination The licensee shall not as to rates,charges,service facilities,rules, regulations or in any other respect make or grant any preferences 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 pro- hibit the establishment of a graduated scale of charges and classified rate schedules to which any customer coming within such classification would be entitled,and provided further that connection and service charges may be waived or modified during promotional campaigns of licensee. Installation and housedrop hardware shall be uniform throughout the City, except that the licensee shall be free to change its hardware and install- ation procedure as the art progresses. Section 14-1-41 Equal Employment Opportunity The licensee shall be required to show compliance with all federal,state, and local policies concerning equal employment opportunities. Section 14-1-42 Obscenity No licensee may exercise any control over program content on the public access channel except to the extent necessary to prevent the presentation of program material prohibited by federal,city or state codes.The licensee will adhere to FCC Rule 76.215 as now in force and as may be amended. Section 14-1-43 Building Moving Whenever any person shall have obtained permission from the City to use any street for the purpose of moving any building,a licensee,upon seven (7) days written notice from the Department of Public Works shall raise or re- move at the expense of that person desiring to move the building,any of its or their wires which may obstruct the removal of such building;provided that the moving of such building shall be done in accordance with regulations and general ordinances of the City,County,or State. Section 14-1-44 Tree Trimming With City approval,the licensee shall have the authority to trim trees upon and overhanging streets and public ways and places of the license area so as to prevent the branches of such trees from coming in contact with the wires and cables of the licensee and shall be responsible for debris removal from such activities.At the option of the City,such trimming may be done by i t or under its supervision and direction at the expense and liability of the licensee. Ordinance NO.222 Page Ten of Thirteen Section 14-1-45 Indemnity and Hold Harmless,Waiver of Damages Each licensee shall be required to indemnify and hold harmless the City from any and all liabilities,fees,costs and damages,whether to person or property, or expense or any type or nature which may occur to the City by reason of the construction,operation,maintenance,repair and alterations of licensee's facilities.In any case in which suit or action is instituted against the City by reason of damage or injury caused by licensee,the City shall cause written notice thereof to be given to the licensee,and licensee thereupon shall have the duty to appear and defend in any such suit or action,without cost or expense to the City. Licensee shall have no recourse whatever against the City for any loss,cost, expense or damage arising out of any provision or requirement of any ordinance or license or the enforcement thereof. No privilege or exemption shall be granted or conferred upon Licensee by any license except those specifically prescribed therein,and any use of any street shall be subordinate to any prior lawful occupancy of the street or any subse- quent improvement or installation therein. Section 14-1-46 Insurance The licensee shall,concurrently with the filing of an acceptance of award of any license granted hereunder,furnish to the City and file with the City Clerk and at all times during the existence of any license granted hereunder, maintain in full force and effect,at its own cost and expense,a general comprehensive liability insurance policy,in protection of the City,its officers,boards,commission,agents and employees 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 licensee under such license,with minimum liability limits of one million dollars for both personal injury and/or property damage. The policies mentioned in the foregoing paragraph shall name the City,its officers,boards,commissions,agents and employees,as additional insured and shall contain a provision that a written notice of cancellation or reduc- tion in coverage of said policy shall be delivered to the City thirty (30) days in advance of the effective date thereof;i f such insurance is provided by a policy which also covers licensee or any other entity or person other than those above named,then such policy shall contain the standard cross- liability endorsement. Section 14-1-47 Performance Bond Each licensee shall promptly repair or cause to be repaired,any damage to City property of every type caused by the licensee,or any agent or firm acting on behalf of the licensee,during the life of the license.Licensee shall comply with all present and future ordinances and regulations of the City regarding excavation or construction and,whenever deemed necessary by the City,shall be required to post a performance bond in an amount of one hundred thousand dollars ($100,000)in favor of the City warranting,among other things,that all restoration work shall be done promptly and in a workmanlike manner. Section 14-1-48 Continuing Regulatory Jurisdiction 1.The Mayor and Council shall have continuing regulatory jurisdiction and supervision over the operation of any license granted pursuant to this Chapter.However,i t is recognized that the daily administrative super- visory and enforcement responsibilities of the provisions of this Chapter and the License Agreement shall be delegated and entrusted to the City Manager as hereafter provided.The City Manager,in the performance of his functions,may request advice from the Cable Communications Advisory Commission on any matters the City Manager deems appropriate. Ordinance NO.222 Page Eleven of Thirteen 2.The City Manager shall have the following responsibilities and authority: a.Interpret,administer and enforce the provisions of this Chapter and the License Agreement. b.Convene a meeting of the Cable Communications Advisory Commission at any time that he/she deems necessary or desirable. c.Represent the City in all matters pertaining to the implementation of the provisions of this Chapter and the License Agreement. d.Resolve disputes or disagreements between subscribers,users, potential subscribers and users,and Licensee,but only in the event that such parties are unable first to resolve their dispute. e.Review and audit reports and other documents submitted to the City as required by this Chapter or other law,so as to insure that the necessary reports are completed and fulfilled pursuant to the terms of this Chapter. f .Assure that all records,rules,and charges pertinent to the System are made available for inspection at reasonable hours upon reasonable notice. g•Administer sanctions as authorized by Mayor and Council. h.Advise Mayor and Council on matters which may constitute grounds for termination of the License Agreement. i .Promulgate regulations regarding the construction,reconstruction, operation,maintenance,dismantling,testing or use of the System as necessary. j .Coordinate the activities of the Commission and assist i t in its deliberations. k.Perform any other duties assigned under the provisions of this Chapter or other legislation which may hereafter be enacted or directed by Mayor and Council. 3.The Mayor and Council shall appoint a Cable CommuniOtions Advisory Commission in accordance with Chapter 2,Article 2-14 of this Code which shall act solely as an advisory body to the City Manager and City Council. SECTION I I REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. •SECTION III PROVIDING FOR SEVERABILITY I f any section,subsection,sentence,clause,phrase or portion of this ordinance or any part of the code adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. Ordinance NO.222 Page Twelve of Thirteen SECTION IV PROVIDING PENALTIES Any person found guilty of violating any provision of this Code shall be guilty of a misdemeanor and,upon conviction thereof,shall be punished by a fine not to exceed one thousand dollars ($1,000)or by imprisonment for a period not to exceed six (6)months,or by both such fine and imprisonment. Each day that a violation continues shall be a separate offense punishable as herein above described. PASSED AND ADOPTED BY THE MAJOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 1ST DAY OF NOVEMBER ,19 83. ATTEST: 2 6Q!Lip KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: r( AVkD F.ALEXANDER City\Attorney Ordinance NO.222 Page Thirteen of Thirteen (4g a r WEN ELL J.CLAP MAYOR