Historical Newspapers of South Carolina

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PAGE 6—The Newberry Sun, Newberry, S. C., Thursday, May 4, 1967 PROPOSED ORDINANCE STATE OF SOUTH CAROLINA, COUNTY OF NEWBERRY, CITY OF NEWBERRY. AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF NEWBERRY, SOUTH CAROLINA, BY ADDING AN ORDINANCE PRO VIDING FOR GRANTING OF NON EXCLUSIVE FRANCHISES TO ER ECT, MAINTAIN AND OPERATE IN, UNDER, OVER, ALONG, AC ROSS, AND UPON THE STREETS, LANES, AVENUES, SIDEWALKS, ALLEYS, AND HIGHWAYS AND OTHER PUBLIC PLACES IN THE CITY OF NEWBERRY, SOUTH CAROLINA, AND SUBSEQUENT ADDITIONS THERETO, TOWERS, POLES, LINES, CABLES, NECES SARY WIRING AND OTHER APPA RATUS, FOR THE PURPOSE OF TRANSMISSION AND DISTRIBU TION BY CABLE OF TELEVISION. SIGNALS TO ENABLE SALE OF COMMUNITY TELEVISION AN TENNA SERVICE TO THE INHAB ITANTS OF SAID CITY, AND OTH ER PURPOSES, AND PROVIDING FOR COMPENSATION TO THE CITY. BE IT ORDAINED BY the Mayor and City Council of the City of Newberry, South Carolina, in Council duly assemb led: Section 1. In consideration of the faithful performance and observance of the conditions and reservations which are hereinafter specified, the non-exclu sive right is hereby granted hereinafter referred to as Grantee, and to said Grantee’s successors, assigns or designees, to erect, maintain and oper ate towers, poles, lines, cables, neces sary wiring, and other apparatus and additions thereto, in, under, over, along, across and upon the present and future streets, lanes, avenues, sidewalks, alleys, and other public places in the City of Newberry, South Carolina, and subse quent additions thereto, for the purpose of transmission and distribution of au dio, visual, electronic and electrical im pulses and television energy, through cables and/or wires, commonly called a Community Antenna Television Sys tem, in accordance with the laws and regulations of the United States of America, and the State of South Caro lina, and the Ordinances and regulations of the City of Newberry, South Caro lina, commencing from and after the adoption of said Ordinance. Section 2. Grantee shall install an “all-ban” community antenna television system capable of distributing up to twelve (12) television channels or their equivalent, said system to he installed and maintained in accordance with the best accented standards of the com munity antenna television industry. Section 3. Before Grantee shall be allowed to proceed with the installation of its community antenna television sys tem hereunder, it shall first file with the City Clerk of the City of Newberry, South Carolina, a Performance Bond in the amount of Five •Thousand and No/100 ($5,000.00) Dollars, with suf ficient sureties, in favor of the City of Newberry, South Carolina, conditioned on said Grantee’s faithful execution of the obligations under this Ordinance. Section 4. Grantee shall maintain an office in the City of Newberry, South Carolina, so that maintenance service shall be promptly available to subscrib ers upon request therefor, said office shall be maintained immediately upon commencement of service, and all main tenance requests shall be promptly dealt with and accomplished in a workman like manner. Section 5. Wherever used in this Ordinance, the word “television” shall mean a system of transmission of audio signals and/or visual images by means of electrical impulses and/or cable, wire or any other appropriate means. Section 6. Further rights of Grantee. There is hereby granted the further non exclusive right, privilege, and authority to Grantee, as defined herein, to enter into a separate pole attachment agree ment with all other holders of public licenses and franchisements, including the Department of Utilities of the City of New'berry, South Carolina. Grantee shall provide and keep cur rent a map of the City of Newberry, South Carolina, showing the exact type, style and location of any and all lines, poljl and other fixtures of Grantee’s witron the city limits of the City of Newberry, South Carolina. Grantee shall have the right to erect and maintain its own poles, as may be necessary for the proper construction and maintenance of the television dis tribution system, provided written prior approval is obtained in such instances from the City Manager of the City of Newberry, South Carolina. Section 7. Neither Grantee, their subsidiaries, nor their employees, shall engage in the business of selling, rent ing or leasing television sets or other receivers which make use of signals transmitted by their system, nor shall Grantee, their subsidiaries or their em ployees, engage in servicing of televis ion sets or receivers owned or leased by their subscribers, or the sale of parts fer the same. Grantee shall not delete the com- merical advertising portion of a signal which they are carrying from a Federal Communications Commission licensed television station and substitute there for other commercial advertising over such signal. The authority hereby granted to Grantee shall not include the authority to transmit or assist in the transmission of television programs which customers would pay for dependent upon the num ber of programs received in contrast to full time cable service as proposed herein. Section 8. Limitations of rights granted. Grantee’s transmission and distribution system poles, wires and appurtenances shall be located, erected and maintained so as not to endanger or interfere with the lives of persons, or to interfere with new improvements the City of Newberry may deem proper to make, or to hinder unnecessarily or obstruct the free use of the streets, alleys, bridges, or other public property; removal of poles to avoid such interfer ence shall be done promptly upon re ceiving written request to do so from the City of Newberry or its designated official, and will be at the Grantee’s expense. Construction and maintenance of the transmission distribution system shall be in accordance with the provisions of the National Electrical Safety Code, prepared by the National Bureau of Standards, the National Electrical Code of the American Insurance Association, and such applicable Ordinances and reg ulations of the City of Newberry af fecting electrical installations, which may be presently in effect, or changed by future Ordinances. All installations of equipment shall be of permanent nature, durable and in stalled in accordance with good engi neering practices, and of sufficient height to comply with all existing City regulations, Ordinances, and State Laws, so as not to interefere in any manner with the right of the public or individual property owner, and shall not interfere with the travel and use of public places by the public and during the construc tion, repair, or removal thereof, shall not obstruct or impede traffic. Further, said construction shall be subject to inspection by an dapproval by the City Manager of the City of Newberry, or his representative. No poles are to be erected upon the public streets, alleys, avenues and pub lic grounds, and no excavation of any type shall be done or caused to be done unless permission in writing is first obtained from the City Manager of the City of Newberry, or his representative. Grantee agrees that if any of their cables or wires are installed on existing above ground systems which are placed underground at any future date, the Grantee will likewise place their cables or wires underground. In the event that a change is made in the grade, width or location of public streets, alleys, avenues, and grounds by authority of the City, which shall necessitate relocation of any poles, wires, transmission and distribution lines to conform to the change of grade, Grantee shall make the necessary changes in their lines, at their own ex pense, upon due notice from the City of Newberry, South Carolina. In the maintenance and operation of their television transmission and distri bution system in the streets, alleys, and other public places, and in the course of any new construction or addition to their facilities, Grantee shall proceed so as to cause the least possible incon venience to the general public; any opening or obstruction in the streets or other public places made by Grantee in the course of its operations shall be made only after having obtained prior written permission from the City to do so, and shall be guarded and protected at all times by the placement of ade quate barriers, fences, or boardings, the bounds of which, during periods of dusk and darkness, shall be clearly designat ed by red warning lights. All work in any way necessitated by the business of Grantee which may in volve the opening, breaking up or tear ing up of a portion of a street, sidewalk or other part of any City owned or City controlled property, shall be done and repaired in a manner approved by the City and shall, at the option of the City, be done by the City at the expense of Grantee. Grantee shall save the City harmless against all loss or damage to any person or property caused by the construction, laying, maintenance or operation of any of its lines or other undertakings under the authority of the Ordinance. Nothing herein shall be construed as a requirement that the City of Newberry conduct an excavation or repair on behalf of or as agents for Grantee. Grantee shall, at its expense, protect, support, temporarily disconnect, re locate on the same street, alley or pub lic place, or remove from the street, alley or public place, any property of grantee when required by the City by reason of traffic conditions, public safety, street vacation, freeway and bridge construction, change or estab lishments of street grade, installation of sewers, drains, waterpipes, power lines, signal lines, and tracks or any other type of structures or improve ments by governmental agencies when acting in a governmental or proprietary capacity, or other structures of public improvement; provided, however, that Grantee shall in all such cases have the privileges and be subject to the obliga tions to abandon any property of Gran tee in place as provided in Section 16 hereof. Section 9. Grantee shall, on the request of any person holding a build ing moving permit issued by the City, temporarily raise or lower its wires to permit the moving of buildings. Grantee may require not less than four days advance notice of such request. Section 10. Trimming of Trees. The Grantee shall have authority to trim trees within the streets, alleys or high ways of the City so as to prevent the branches of such trees from coming in contact with its wires and cables; pro vided however, such trimming shall be done under the written approval of the City at Grantees expense. The Grantee is prohibited from cutting or trimming trees on private property without first obtaining permission of the owner of the property upon which such trees are located. Section 11. Reciprocal Pole Use. Grantee shall grant to the City, free of expense, joint use of any and all poles owned by it for any proper municipal purpose, insofar as it may be done, without interferring with the free use and enjoyment of Grantee’s own wires and fixtures. Proper regard shall be given to all existing safety rules cover ing construction and maintenance in effect at the time of construction. If, in accommodating the City’s joint use of its poles, Grantee is required to change or replace poles or install new poles, the City shall compensate the Grantee for such additional expense. Section 12. Rate Schedule. The Gran tee shall have the right to charge sub scribers for the furnishing of the ser vice of the community antenna televis ion system not more than the following rates: Residential Charges Connection Charge None Service Charges: For Initial Outlet Per Month $5.00 First Partial Month 20 Per Day For Each Additional Outlet Per Month $ 1.00 First Partial Month 05 Multiple Family Dwelling (Hotels, Motels, Apartments, Trailers, Trailer Parks, etc.) Connection Charge None Service Charge: For Initial Outlet Per Month $5.00 First Partial Month .20 Per Day For Each Additional Outlet Per Month $1.00 First Partial Month 05 COMMERCIAL Connection Charge — Determined by actual cost of time and material Service Charges: For Initial Outlet Per Month $5.00 First Partial Month .20 Per Day For Each Additional Outlet Per Month $1.00 First Partial Month .05 No increase in the rates or charges to subscribers as hereinabove set forth may be made without the prior approval of the Council expressed by resolution. Section 13. Compensation to The City. The Grantee shall pay to the City as compensation for the right and con sent hereby granted to conduct a com munity antenna television system a sum of money computed as follows on the gross income or receipts derived either directly or indirectly from Gran tee’s operation of said system: percent of first $100,000.00 percent of next $100,000.00 percent of next $100,000.00 percent all over $300,000.00 Provided, however, the minimum com pensation payable by the Grantee to the City shall be Eight Hundred and no/100 ($800.00) Dollars per year, which shall be prorated accordingly for the first calendar year. The compensation payable to the City as hereinabove set forth shall be paid by the Grantee on or before July 31 of each calendar year on gross income or receipts derived from the operation of said system during the twelve (12) months immediately preceding July 1. Payment of compensation made by the Grantee to the City pursuant to this Or dinance shall not be considered in any manner to be in the nature of a tax, but shall be in addition to all taxes of whatsoever kind or description which are now or which may hereafter be re quired to be paid by any Ordinance or local law of the City or any law of the State of South Carolina and of the Un ited States of America. The Grantee shall maintain an office in the State of South Carolina, where it shall, at all times, keep complete and accurate books of account and records of its business and operation under and in connection with its community an tenna television system authorized here in in conformity with general accepted accounting principles and procedures. The City shall have the right to inspect the Grantee’s records showing the gross receipts from which its compen sation payments are computed and the right of audit and recomputation of said records and all accounts payable under this Ordinance. The audit and re computation of said records shall be made by a licensed certified public ac countant selected by the City at Gran tee’s expense. No acceptance of any payment shall be construed as the re lease or as an accord and satisfaction of any claim that the City may have for further or additional sums payable under this Ordinance or for the per formance of any other obligations here under. Section 14. Indemnification of City. Grantee shall, at all times, keep in effect the following types of insurance cover age: (a) Workmen’s Compensation upon their employees engaged in any manner in the management, operation, installa tion or servicing of their plant and equipment within the City of Newberry. (b) Personal Injury Liability Insur ance to the extent of One hundred thousand ($1000,000.00) Dollars as to any one person and Three hundred thousand ($300,000.00) Dollars as to any one accident, and Property Damage Liability Insurance to the extent of One hundred thousand ($100,000.00) Dollars as to any one accident. Grantee shall indemnify, protect and save harmless the City from and against losses and physical damage to property, and bodily injury or death to persons, including payments made under any Workmen’s Compensation Law which may arise out of or be caused by the erection, maintenance, presence, use or removal of said attachments or pole or poles within the City, or by any act of Grantee, their agent or employees. Grantee shall also pay for the cost to the City of defending in any court any action brought against the City arising out of the operations of the Grantee hereunder. Grantee shall carry insur ance in the above-described amounts to protect the parties hereto from and against all claims, demands, actions, judgments, costs, expenses and liabili ties which may arise or result directly or indirectly, from or by reason of such loss, injury or damage. Grantee shall also carry such insurance as they deem necessary to protect them from all claims under the Workmen’s Compen sation laws in effect that may be ap plicable to Grantee. All insurance re quired shall be written with a company or campanies approved by the City of Newberry and shall remain in full force and effect for the entire life of the rights granted hereunder. Said policy or policies of insurance, or a certified copy thereof, shall be approved by the City of Newberry, and then deposited with and kept on file by the City of Newberry, South Carolina. Section 15. Time of Pe rformance. Grantee shall proceed as soon as pos sible from the date of this Ordinance with due diligence to obtain all neces sary permits and authorizations which may be required in the conduct of its business, including utilities, joint use attachment agreements and microwave carrier licenses to be granted by duly constituted regulatory agencies. Fur ther, Grantee shall commence the in stallation of said system with due dil igence and within a reasonable time subsequent to the obtaining of all the aforementioned necessary permits and authorizations, and shall proceed with all due diligence to render services to subscribers following the commencement of installation of the system. Upon Grantee’s acceptance of the terms and conditions of this Ordinance and complying with all applicable pro visions in connection therewith, Grantee shall, within three (3) months from the effective date of this Ordinance, com mence construction of the CATV sys tem and shall within twelve (12) months of said date commence regular service. Section 16. No privilege, right or exemption shall be granted or conferred under this Ordinance except those spe cifically prescribed herein. Section 17. The rights hereunder granted to Grantee shall not be assigned or transferred for a period of twenty- four (24) months from the date of the adoption of this Ordinance except to a company, corporation or partnership controlled by Grantee. Thereafter any sale, assignment or transfer of the rights hereunder shall be made only with the prior consent of the City of Newberry expressed by resolution. The said consent of the City may not be arbitrarily refused provided however, that the proposed transferree or assig nee must show financial responsibility to the satisfaction of the City and must agree to comply with all the provisions of this Ordinance; and provided, further, that no such consent shall be required for a transfer by trust deed, deed to secure debt, or other hypothecation as a whole, to secure an indebtedness. Section 18. Grantee is subject to all requirements of the City Ordinances, rules, regulations and specifications of the City, including but not limited to, those concerning street work, street excavation, use, removal and relocation of property within a street and other street work. Section 19. Operational Standards.— The CATV system shall be installed and maintained by Grantee in accordance with the highest and best accepted standards of the CATV industry to the effect that subscribers shall receive the highest quality service possible which shall include, but not limited to: (a) That the system and all equip ment for said transmission system shall be designed and rated for 24-hour per day continuous operation. (b) That the system shall be capable of passing standard color television signals without introduction of mater ial, degradation on color fidelity and intelligence. (c) That the system shall produce pictures that are not distorted and free from ghost images on typical standard production television sets in good repair. (d) That the system shall transmit signals of adequate strength to produce good pictures at all outlets without causing cross-modulation in the cables or interferring with other electrical or electronic systems.