2233ORDINANCE NO. 2233
COUNCIL MEMBER CHRISTIANSEN INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE GRANTING A NON - EXCLUSIVE FRANCHISE TO HUNTEL
CABLEVISION, INC., A CORPORATION, ITS SUCCESSORS AND ASSIGNS TO
OPERATE, AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF BLAIR,
NEBRASKA, SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF
FRANCHISE PROVIDING FOR CITY REGULATION AND USE OF THE CABLE
TELEVISION SYSTEM, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH, PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL
FORCE AND EFFECT AND PROVIDING FOR PUBLICATION OF THIS ORDINANCE IN
PAMPHLET FORM.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA:
SECTION 1. DEFINITIONS For the purpose of this ordinance, the following terms,
phrases, words, abbreviations, and their derivations shall have the meaning herein given. When
not inconsistent with the context, words used in the present tense include the future tense, words
in the plural number include the singular number, and words in the singular number include the
plural number.
(a) CITY shall mean the City of BLAIR.
(b) CITY COUNCIL shall mean the governing body of the City.
(c) COMPANY shall mean HUNTEL CABLEVISION , Inc., or its assigns.
(d) PERSON shall mean any person, firm, partnership, association, corporation,
company, or organization of any kind.
(e) FRANCHISE AREA shall mean that area within the corporate limits of the City.
(f) STREET shall mean the surface of and the space above and below any public
street, right of way, road, highway, freeway, bridge, lane, path, alley, court,
sidewalk, parkway, drive, communications or utility easement, now or hereafter
existing as such within the franchise area.
(g) PROPERTY OF COMPANY shall mean all property owned, installed or used by
the Company in the conduct of a CATV business in the City.
(h) CATV shall mean a cable television system as hereinafter defined.
wires, lines, towers, wave guides, or any other conductors, converters, equipment
or facilities, designed, constructed, or wired or the purpose of producing,
receiving, amplifying, and distributing by coaxial cable audio and /or visual radio,
television, electronics or electrical signals to and from persons, subscribers, and
locations in the franchise area.
(j) BASIC CATV SERVICE shall mean the simultaneous delivery by the Company to
television receivers of all subscribers in the Franchise Area of all signals of over
the air television broadcasters and public, educational, or governmental television
access facilities required by the FCC to be carried by a cable television system as
defined hereinabove. Basic CATV service shall also include additional television
channels including original television cablecast programming at the option of the
Company.
(k) ADDITIONAL SERVICE shall mean any communications service other than
basic service provided over its cable television system by the Company directly or
as a carrier for its subsidiaries, affiliates, or any other person engaged in
communications services including but not limited to satellite distributed
programming, burglar alarm, data, or any other electronic intelligence
transmission, facsimile reproduction, meter reading, and home shopping.
(1) PAY TELEVISION SERVICE shall mean the simultaneous delivery by the
Company to television receivers over the cable television system of audio -video
signals in intelligible form to subscribers for a fee or charge (over and above the
charge for basic CATV service) on a per program, per channel, or other
subscription basis.
(m) SUBSCRIBER shall mean any person or entity receiving basic CATV service.
(n) GROSS ANNUAL SUBSCRIBER REVENUES shall mean all compensation and
other consideration received directly by the Company from subscribers in payment
for regularly furnished basic CATV, Pay Television service, advertising, leased
channels and installations. Gross Annual Subscriber Revenue shall not include the
following, to -wit: (i) any taxes on services furnished by the Company imposed
directly on any subscriber or user by any City, state, or other governmental unit
and collected by the Company for such governmental unit, or, (ii) revenue from
additional service nor from auxiliary services which include but are not limited to
Internet, telecommunications, and all other telecommunications services not
specifically described above.
(o) NATURAL OCCURRENCE shall mean an act occasioned exclusively by violence
of nature without the interference of any human agency. It means a natural
necessity proceeding from physical causes alone, without the intervention of man.
It is an act, event, happening, inevitable accident, or disaster; a natural and
inevitable occurrence which implies entire exclusion of all human agency which
operates without interference from man and which results from natural causes and
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is in no sense attributable to human agency. It is an accident which could not have
been occasioned by human agency, but proceeded from physicals causes alone.
(p) DROP shall mean a wire or cable that connects each building to the main (trunk)
cable.
(q) TELECOMMUNICATIONS ACT shall mean the Telecommunications Act of
1996, as amended from time to time and located in Title 47, Chapter I, Part 76 of
the Code of Federal Regulations
(r) Utility shall mean the City of Blair's water system, sewer system, storm water
system, and any City cables for data or communication.
SECTION 2. GRANT OF AUTHORITY Whereas, the City has approved the legal,
character, financial, technical, and other qualifications of the Company and the adequacy and
feasibility of the Company's construction arrangements as part of a full public proceeding
affording due process, there is hereby granted by the City to the Company the nonexclusive right
and privilege to engage in the business of operating and providing a cable television system in the
Franchise Area, and for that purpose to erect, install, construct, repair, replace, reconstruct,
maintain and retain in, on, over, under, upon, across and along any public way and public place,
now laid out or dedicated and all extensions thereof and additions thereto in the franchise area
such poles, wires, cable, conductors, ducts, conduit, vaults, manholes, amplifiers, appliances,
attachments, and other property as may be necessary and appurtenant to the cable television
system; and in addition, so to use, operate, and provide similar facilities or properties rented or
leased from other persons, firms, or corporations including but not limited to any public utility or
other grantee franchised or permitted to do business in the City.
SECTION 3. TERM OF FRANCHISE
(a) The franchise and rights herein granted shall continue in force and effect for a term
of ten (10) years after the effective date of this franchise. The franchise may be renewed for an
additional ten (10) year period following a public proceeding affording due process. The
franchise shall be renewed at the request of Company, if the Company's performance has been
satisfactory. Such approval shall not be unreasonably withheld.
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SECTION 4. CONDITIONS OF STREET OCCUPANCY
(a) All transmission and distribution structures, lines, and equipment erected by the
Company within the franchise area shall be so located as to cause minimum interference with the
rights and reasonable convenience of property owners who adjoin any of the said street or other
public ways and places. The cable television system shall be constructed, repaired, and operated
in compliance with all current City, State, and National construction and electrical codes. The
Company shall install and maintain its wires, cables, fixtures, and other equipment in such
manner that they will minimize any interference with any installations of the City or of a public
utility serving the City.
(b) The Company shall not open or disturb the surface of any alley, street, sidewalk,
driveway, or public place for any purpose without first having obtained a permit to do so in a
manner provided by City ordinance. Company shall not unnecessarily interfere with the use of
any alley, street, sidewalk, driveway or public place and, where the paving or surface of any alley,
street, sidewalk, driveway or public place is disturbed, Company, at its own expense and in a
manner satisfactory to the authorized representatives of the City, shall replace such paving or
surface in as good condition as before such work was commenced.
(c) The Company shall, at its expense, protect, support, temporarily disconnect, relocated
in the same street or other public place, or remove from the street or other public place, any
property of the Company when required by the City by reason of traffic conditions, public safety,
street vacation, street construction, change of establishment of street grade, installation of sewer,
drains, water pipes, City owned power or signal lights or any other type of structure or
improvement by public agency.
(d) All wires, conduits, cables and other property and facilities of the Company shall be so
located, constructed, installed and maintained as not to endanger or unnecessarily interfere with
the usual and customary trade, traffic and travel upon the alleys, streets or public places of the
City. The Company shall keep accurate maps and records of all its facilities and furnish copies of
such maps and records as requested by the City. The Company shall not place poles or other
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equipment where they will interfere with the rights or reasonable convenience of adjoining
property owners, or with any gas, electric, or telephone fixtures, or with any water hydrants or
mains.
(e) All wires, cables, amplifiers and other property shall be constructed and installed in an
orderly and workmanlike manner. All cables and wires shall be installed parallel with existing
telephone and electric wires whenever possible. Multiple cable configurations shall be arranged
in parallel and bundled, with due respect for engineering and safety consideration. All
installations shall be underground except in those areas where hard surface alleys interfere with
the installation of the facilities.
(f) The City shall give the Company reasonable notice of plans for improvements to any
City utility and /or street improvement. The notice shall give the Company sufficient time to make
any additions, alterations, or repairs to its facilities as it deems necessary in advance of the actual
commencement of the work, so as to permit the Company to maintain continuity. Company shall
make every effort to have any alterations complete in a timely manner as to not interfere with the
construction of the City improvements. Annually by November 1, the Company shall provide the
City with the name and contact information for the individual whom shall be notified for
planning and coordination of any pending City project improvements.
(g) In case of disturbance of any street, public way, or paved area, the Company shall, at
its own cost and expense and in a manner approved by the City, replace and restore such street,
public way or paved area in as good a condition as before the work involving such disturbance
was done.
(h) Any poles or other fixtures placed in any public way by the Company shall be placed
in such manner as not to interfere with the usual travel on such public way.
(i) The City shall have the right to make additional use, for any public or municipal
purpose, of any conduits controlled or maintained exclusively by or for Company in any street or
alley, provided such use by City does not interfere with the use by Company and City agrees to
pay commercially reasonable compensation for such usage. The City shall indemnify and hold
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harmless Company against and from any and all claims, demands, causes of actions, actions,
suits, proceedings, damages, and costs of liabilities of every kind and nature whatsoever arising
out of such use of Company's poles or conduits.
SECTION 5. SAFETY REQUIREMENTS
(a) The Company shall at all times employ ordinary care and shall install and maintain in
use commonly accepted methods and devices for preventing failures and accidents
which are likely to cause damage, injuries, or nuisances to the public. The City
reserves the right to temporarily shut down any work by Company or its contractors
on City right of way or property that it deems is necessary for public safety.
(b) The Company agrees that when working in any area that may affect the traffic on any
street or Highway, that it will provide traffic control in compliance with the Manual
on Uniform Traffic Control Devices for Streets and Highways.
(c) All structures and all lines, equipment and connection in, over, under, and upon the
streets, sidewalks, alleys, and public ways or places of the franchise area, wherever situated or
located shall at all times be kept and maintained in a safe, suitable condition, and in good order
and repair.
SECTION 6. PUBLIC BUILDING CONNECTION /LOCAL ORIGINATION
PROGRAMMING
(a) The Company shall provide one free drop at the following public buildings:
(1) City Hall;
(2) Fire Hall on Lincoln Street;
(3) Fire Hall on Nebraska Street;
(4) Police Department Building; and
(5) Public Library Building
as long as a trunk cable is within 150 feet of the building and accessible via public right of
way.
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(b) No monthly charges shall be made to City for providing basic CATV service to the
buildings listed above.
(c) In addition, Company will activate, at its cost, a Basic CATV service channel to be
available for one governmental and one educational local origination programming.
Company will provide a character generator connection at City Hall (all other local
origination equipment to be provided by City, at its expense).
SECTION 7. SYSTEM CONSTRUCTION AND EXTENSION
(a) Company, whenever it shall receive a request for service from at least ten (10)
subscribers within 1,000 feet of its trunk cable, shall extend its system to such subscribers at no
cost to the subscribers for system extension other than the usual connection fees for all
subscribers, provided that such extension is technically and physically feasible. The 1,000 feet
shall be measured in extension length of Company's cable required for service located within the
public way and shall not include length of necessary service drop to the subscriber's home or
premises.
(b) No person, firm, or corporation in the Company's service area shall be arbitrarily
refused service. However, in recognition of the capital costs involved for unusual circumstances
such as requirement for underground cable, more than 150 feet of distance from distribution cable
to connection of service to a subscribers, or a density of less than ten (10) subscribers per 1,000
feet of cable system, in order to prevent inequitable burdens on potential cable subscribers in
more densely populated area, service may be made available on the basis of cost of materials,
labor, and easements.
(c) In the event additional adjacent territory is incorporated within the City's limits by
annexation or otherwise, Company's rights and duties under this Ordinance shall be deemed to
include such additional territory.
(d) Company shall maintain a minimum capability of this CATV system of not less than
thirty -seven (37) channels.
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SECTION 8. OPERATIONAL STANDARDS
(a) The Company shall operate and maintain its cable television system in full compliance
with the standards set forth by the Federal Communications Commission.
(b) At any time that Company (in furtherance of its right to construct, operate and
maintain the cable television system) disturbs a yard, residence or other real or personal property,
such Company shall insure that the yard, residence or other personal property is returned,
replaced and /or restored to a condition that is sufficiently comparable to the condition that existed
prior to the commencement of the work. The cost associated with both the disturbance and the
return, replacement and /or restoration shall be borne by the Company. The requirements imposed
upon Company extend to any subcontractor or independent contractor the Company might
employ to perform the tasks set forth hereinabove.
(c) The Company shall abide by any and all applicable subscriber privacy rules and
regulations of the federal and state governments.
SECTION 9. LOCAL OFFICE; COMPLAINTS
(a) The Company shall maintain a business office or agent which subscribers may
telephone twenty -four (24) hours per day, seven days per week, without incurring added message
or toll charges.
(b) Company shall respond within twenty -four (24) hours after receipt of a complaint.
Should a subscriber have an unresolved complaint regarding the quality of cable television
service, equipment malfunctions, or similar matters, the subscriber shall be entitled to meet jointly
with an appropriate representative of the City and a representative of the Company within thirty
(30) days to fully discuss and resolve such matters.
(c) Company shall maintain written logs or electronic data listing the day and time of
subscriber complaints, identifying the subscriber, and describing the nature of the complaint and
when and what action was taken by Company. Company shall provide City with the subscriber
complaint information on a monthly basis. This information shall be maintained for three (3)
years.
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(d) Company shall provide a subscriber with credit or a rebate for service outage or
interruption exceeding twenty -four (24) hours in duration, to be calculated on a pro rata basis. No
credit or rebate shall required where the outage was due to natural occurrences beyond the direct
control of the Company, so long as Company shall use reasonable diligence in making all repairs
or replacements in a timely and workmanlike manner.
SECTION 10. RATES The Company has on file with the City a schedule of tariffs
which shall include all fees, charges, and rates to be charged to subscribers. If any of said fees,
charges, or rates are changed, the Company shall notify the City of said changes in writing at least
thirty (30) days before said changes take effect.
At the time of the adoption of this ordinance, the City chooses not to become involved in
the rate making process, believing that supply and demand will be effective rate control.
However, the City reserves the right to become involved in the rate making process and to
approve or disapprove proposed rates subject to the terms and provisions of the
Telecommunications Act, as amended.
SECTION 11. PREFERENTIAL OR DISCRIMINATION PRACTICES PROHIBITED.
The Company shall not, as to rates, charges, service facilities, rules, regulations, or in any other
respect, make or grant any preference or advantage to any person nor subject any person to any
prejudice or disadvantage, provided that nothing in this franchise shall be deemed to prohibit 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 Company.
SECTION 12. FRANCHISE PAYMENTS
(a) The Company shall pay to City a five percent (5 %) franchise fee based on the gross
annual subscriber revenue received for cable television system in the franchise area. The fee shall
be paid on a semi - annual basis with payments to be made on or before August 30 and on or before
February 28 of each calendar year. No other fee, charge or consideration shall be imposed. Sales
tax or other taxes levied directly on a per subscription basis and collected by the Company shall
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be deducted from the gross service revenues before computation of sums due the City is made.
The Company shall provide a semi annual summary report showing gross revenues received
during the six months preceding the due date of each semi annual franchise fee payment.
(b) Company shall keep complete and accurate books of accounts and records of the
business and operations under and in connection with the cable television system. The duly
authorized representative of the City Council shall have the right to review all records pertaining
to gross annual subscriber revenues. Non - revenue financial records will only be requested in the
aggregate on a summary prepared by the cable operator. City acknowledges the sensitivity of
these records and will request this information only on an "as needed" basis and will treat this
information as confidential and proprietary to the fullest extent as allowed by law.
The City Council shall have the right to hire, at its own expense, an independent certified
public accountant or other business or financial expert to review the books and records of
Company. If after a financial audit it is determined that the Company provider has underpaid
amounts owed to the City by more than two percent (2 %) annually, then Company shall
reimburse City for the actual cost of the audit. A false entry into the books and /or records of
Company made by Company of a material and substantial fact shall constitute a material violation
of this Ordinance. Erroneous entries shall not constitute a material violation if made in good
faith.
SECTION 13. INDEMNIFICATION OF CITY
(a) The Company shall at all times protect and hold harmless the City from all claims,
actions, suits, liability, loss, expense, or damages of every kind and description, including
investigation costs, court costs, and attorney's fees, which may accrue to or be suffered or claims
by any person or persons arising out of the negligence of the Company in the ownership,
construction, repair, replacement, maintenance, and operation of said cable television system and
by reason of any license, copyright, property right or patent of any article or system used in the
construction or use of said system provided further that City shall give Company prompt notice of
such claim and Company reserves the right to defend and settle such claim.
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(b) The Company shall secure and maintain, for so long as it owns and operates a cable
television system within the City, public liability, property damage insurance and umbrella
coverage in at least the following amounts:
1. Public liability and property damage insurance in the amount of Two Million
Dollars ($2,000,000.00) per event /per occurrence.
2. Umbrella liability shall be in the amount of Two Million Dollars with no more
than a Fifty Thousand Dollar ($50,000.00) deductible and /or base insurance.
Company's provider of public and personal liability and property damage
insurance shall specifically include the City, the Mayor, the City Council, their
officials, agents, employees or representatives as additional named insured.
Furthermore, the public and personal liability and property damage insurance
policy shall be issued by an agent or representative of an insurance company
licensed to do business in the State of Nebraska and which has one of the three
highest and best ratings from the AM Best Company and which is reasonably
acceptable to City. The public liability and property damage insurance policy shall
contain an endorsement obligating the insurance company to furnish the City
Administrator for City with at least thirty (30) days written notice in advance of
cancellation of the insurance. Renewal or replacement policies or certificates shall
be delivered to the City Administrator for City at least fifteen (15) days before the
expiration of the insurance which such policies are to renew or replace. Company
shall provide City with a certificate of insurance on an annual basis evidencing that
all of the insurance requirements set forth above have been complied with.
SECTION 14. SYSTEM REVIEW In recognition of the fact that a great many technical,
financial, marketing, and legal uncertainties are associated with all aspects of cable
communications at the present time, it is the intent of the City to provide for a maximum feasible
degree of flexibility in this franchise throughout its term to achieve and advance a modern system
for the City. The principal means for accomplishing this flexibility will be the annual scheduled
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review session provided for in this franchise. It is intended that such review session will serve as
a means of cooperatively working out solutions to problems that develop. The City Council and
the Company will hold, at the option of City, scheduled review sessions each calendar year during
the term of this franchise.
SECTION 15. REPORTS BY COMPANY No later than ninety days after the close of
Company's fiscal year, the Company shall submit a written report to the City or the City's
representative, including: (a) a summary of the previous year's activities and development of the
system, including, but not limited to, services initiated or terminated, subscriber's gain or loss,
beginning number and ending number of subscriber's to system; (b) financial statements and
information as set forth in Section 12; (c) a summary of complaints, identifying the number and
nature of complaints and their disposition; (d) a list of officers and members of the board of
directors of the company and parent corporation; (e) a list containing the names and addresses of
all stockholders holding 5% or more of the voting stock of the company and the parent
corporation; (f) a report on such other topics as may be requested by the City at least ninety days
in advance. The City shall have the right to inspect the company's books and records pertaining
to any issues subject to this franchise at all reasonable times upon reasonable notice to Company.
SECTION 16. CITY COUNCIL POLICY WITH RESPECT TO SAFETY
REQUIREMENTS
(a) Company shall construct, operate and maintain the cable television system in a safe
manner and shall comply with all applicable building codes, electrical codes and, at a minimum,
all of the safety and other regulations set forth in the Telecommunications Act.
(b) In order that subscribers may be alerted in the event of an impending, imminent or
actual, natural or manmade emergency, Company shall insure that the cable television system is
designed so as to permit and authorize official of the City to override or cause to be overridden
the audio portion of all channels by touch tone telephone (or functional equivalent) from any
location. Company shall provide, at a minimum, the emergency alert system which is required
under the Telecommunications Act. Furthermore, Company shall provide the necessary training
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and education to representatives of City, including administrative staff and emergency personnel,
in regard to the activation and usage of the emergency alert system, including but not limited to
the process by which City can override or cause to be overridden the audio portion of all channels
by touch tone telephone (or its functional equivalent). The Company's obligation to train and
education City personnel shall be done at all such times as is reasonably requested by City.
"(c) As one method of providing continuity of multi - channel services in the event of a
natural or manmade emergency, Company shall have a sufficient number of portable electric
generators available to be activated within a reasonable period of time to serve as standby power
for all power supplies on all trunk and feeder cables, and all headends, hubs and receive sites
associated with the distribution of the cable service to and throughout the City.
(d) It shall be the duty of Company to devise and implement a periodic preventative
maintenance program for the cable television system in order to insure that there is no material
degradation of the cable television system that would affect the citizens' health, safety and
welfare or negatively affect the quality of the cable television system being provided. Although
not exhaustive, the following areas should be included in a preventative maintenance program and
subsequent report to be made to the Council detailing the results of the test conducted if such
individual reports are requested by City:
1. Inspection repair, if needed at the headend;
2. Inspection repair, if needed of the antenna tower;
3. Requiring weatherproofing and protection of the antenna, lead connectors and any
other exposed fittings;
4. Requiring the conducting of signal leakage tests that are in accord with the FCC
requirements;
5. Requiring the periodic servicing, testing and calibration of the Company's
equipment including equipment on service vehicles and field test equipment;
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6. Company shall, in a timely manner, comply with all proof of performance testing
as required by the Telecommunications Act and the industry standards for
comparably sized cable television systems.
7. Testing of the emergency alert system to ensure that it will function properly
during emergency situations; and
SECTION 17. ASSIGNMENT OR TRANSFER OF FRANCHISE
(a) City reserves all rights granted to it pursuant to the Telecommunications Act to
approve or disapprove the assignment or transfer in whole or in part, the Company's franchise.
At least 60 days before a proposed assignment or transfer of the cable television franchise granted
hereunder, Company shall request in writing with the City Council's written consent for such a
proposed assignment or transfer. The City Council will not unreasonably withhold its consent to
such an assignment or transfer. However, in making such a determination, the City Council may
consider the following:
1. Experience of proposed assignee or transferee (including conducting investigation
of proposed assignee or transferee service record in other communities);
2. Qualifications of proposed assignee or transferee;
3. Legal integrity of proposed assignee or transferee;
4. Financial ability and stability of the proposed assignee and transferee;
5. If requested by City Council, submittals from the proposed assignee or transferee
on what, if any, changes it intends to make in the operation and maintenance of the
present cable television system;
6. The economic viability or nonviability of the cable television system in the future
based upon certain factors including the impact of the purchase price on the City,
and /or the proposed assignee or transferee; and
7. Any other legitimate aspect of the proposed assignee's or transferee's background
which could affect the health, safety and welfare of the citizenry of the City as it
relates to the operation of the cable television system.
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(b) Before an assignment or transfer is approved by the City Council, the proposed
assignee or transferee shall execute an agreement acknowledging that it has read, understood and
intends to abide by both this ordinance and the applicable franchise agreement.
(c) An assignment or transfer shall not relieve the former franchise holder of its
liabilities under the franchise agreement until the assignment actually takes place or unless
specifically relieved by federal or state law, or unless specifically relieved by the City Council at
the time an assignment or transfer is approved.
SECTION 18. TERMINATION
(a) The City may cancel the franchise conferred by this ordinance at any time prior to its
expiration date upon a finding, made after thirty (30) days written notice to Company of the
proposed cancellation and public hearing, that the Company has failed to cure one or more of the
following defects, which shall be specifically set forth in such written notice, during a sixty (60)
day period following written notice by the City Council to the Company of such a defect:
1 Material breach, whether by act or omission, of any terms or conditions of this
franchise ordinance;
2. Material misrepresentation of fact in the application for or negotiation of the
franchise; or,
3. Failure to provide subscribers or users with reasonably satisfactory service.
(b) After proper notice, the City Council shall schedule a public hearing in a manner
consistent with either state law or in a manner approved by the City Council. At the time of the
hearing, the Company may present information on the current status of all of the alleged breach of
the franchise terms. If the situation has been resolved or steps are being taken to resolve the
situation, then the Company should present the information at the hearing. If the Company fails
to attend the public hearing and has not requested a continuance of the hearing, which
continuance will not be unreasonably withheld, then Company shall be deemed to have waived its
right to further continuation of the matter and may be declared in default of the franchise. After
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the public hearing, the City Council may determine the Company to be in compliance and dismiss
the matter or may determine that Company has cured any non - compliance and thereby dismiss the
matter. However, the City Council may determine that an ordinance violation exists and remains
uncured. Consequently upon a finding that the Company violated an integral ordinance provision
or failed to cure an outstanding ordinance violation, the City Council may direct the Company to
take corrective action within a specified period of time or may declare such Company in default
of the franchise and thereby may revoke, terminate or cancel the franchise unless Company
presents sufficient mitigating circumstances. If the City Council directs corrective action to take
place within a specified time or declares such Company in default of the franchise, then that
declaration shall be reduced to writing and the notice of corrective action or default shall be
mailed to Company within 15 days of the City Council's action. If, within 45 days after notice is
delivered to Company, Company does not take significant action to rectify the breach or submit a
plan detailing how Company will eliminate the breach, then Council shall have the option to
revoke the franchise and shall notify the Company forthwith unless there are mitigating
circumstances.
SECTION 17. SEPARABILITY If any section, subsection, sentence, clause, phrase, or
portion of this franchise shall for any reason be held invalid or unconstitutional by any court of
competent jurisdiction or by any regulating authority with competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and such holding shall not affect
the validity of the remaining portions hereof; provided, however, that the rates as set forth herein
are dependent upon each other and, in the event that any of such rates are determined by a court of
competent jurisdiction to be invalid, then all rates established hereunder shall be subject to
renegotiations.
SECTION 18. All ordinances or portions of ordinances in conflict with the provisions of
this ordinance are hereby repealed.
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SECTION 19. That this Ordinance shall be published in pamphlet form as provided by
the Statutes of the State of Nebraska and shall be in full force and effect from and after its
passage, approval and publication as provided by law.
PASSED AND APPROVED THIS 13TH DAY OF NOVEMBER, 2012.
CITY OF BLAIR, NEBRASKA
By `
2 44,AL4 K-,
JA ES REALPH, Mayor
ATTEST:
BRENDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNT )
BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified, acting Clerk of
the City of Blair, Nebraska, and that the above and foregoing Ordinance was duly passed and
approved at a regular meeting of the Mayor and City Council of the City of Blair, Nebraska, held
on the 13 day of November, 2012.
BRENDA R. WHEELER, CITY CLERK.
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