Chapter 15 - Cable Communications
ARTICLE 15-1 GENERAL PROVISIONS
Section 15-1-1 Definitions
In this chapter, unless the context otherwise requires:
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"Grantee" means Post-Newsweek Cable, Inc., a Delaware corporation.
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"Property" means all rights and contracts of whatsoever kind, and all poles, wires, cables, apparatus and other appliances, appurtenances and fixtures owned by the licensee and located within the corporate limits of the town.
Section 15-1-2 Grant of License
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There is hereby granted to the grantee the right, privilege and authority to construct, lay, maintain and operate and remove a system of poles, wires, conduits and other fixtures in, upon, across, along and under and over the streets, alleys, parkways, easements, public grounds and other places in the town for the purpose of constructing, maintaining and operating a cable television system in the town.
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This non-exclusive license hereby granted shall be effective from the 19th day of October, 1987, and shall remain in full force and effect for a period of fifteen years, with an option to renew said license for another period of fifteen years upon the same terms and conditions herein set forth.
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The non-exclusive license herein shall not be construed and it is not the intention of the town that the rights herein granted shall be exclusive. Any and all other licenses, if any, for cable television service shall be granted on the same or similar terms.
ARTICLE 15-2 LICENSE TERMS
Section 15-2-1 Liability; Indemnification
The grantee shall defend the town against all lawful claims for injury to any person or property caused by the negligence of the grantee in the construction or operation of its property; and in the event of a determination of liability, shall indemnify the town. More particularly the grantee herein, its successors and assigns, does hereby agree to indemnify and hold harmless the town from any and all liability, claim, demand or judgment growing out of any injury to any person or property as a result of the violation or failure on the part of the grantee, its successors or assigns, to observe their proper duty or because of negligence in whole or in part arising out of construction, repair, extension, maintenance or operation of its distributing lines, amplifiers or equipment of any kind or character used in connection with this authorization.
Section 15-2-2 Installations
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The grantee shall at all times make and keep full and complete plats, maps and records showing the exact location of all poles, wires, guy poles, guy wires, amplifiers and all construction upon the streets, parkways and other public places in the town.
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All of such installations shall be of a permanent nature, durable and of sufficient height not to interfere in any manner with the rights of the public or individual property owners and shall not interfere with the travel and use of public places by the public nor during the construction, repair and removal shall not obstruct nor impede traffic unduly. The town reserves the right of reasonable regulation of the erection and construction of any work by the grantee and to reasonably designate where such works and construction shall be placed. The grantee agrees that when requested by the town to make minor changes in its distribution system, in wires, poles or apparatus to conform to the reasonably necessary requirements of small localized areas, such changes will be effected when so requested within a reasonable time.
Section 15-2-3 Use of Streets
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The grantee shall have the non-exclusive right to furnish and distribute television signals during the existence of this permit to all public and private customers and shall have the right to extend its lines upon the streets, alleys, easements and public grounds of any addition hereafter made in the town's corporate limits and to use the streets, alleys, easements and public grounds to continue such television signals to points beyond the corporate limits of the town.
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Grantee shall restore any street or alley which might be excavated or damaged to any extent by its operations to the condition in which such street or alley existed prior to such excavation or damage as soon as is practicable thereafter. In the event that at any time during the period of this non-exclusive license the town shall lawfully elect to alter or change the grade of any street, alley or other public way, the grantee shall upon reasonable notice by the town remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense.
Section 15-2-4 Assignment
The grantee shall have the right to assign this authorization upon delivery of a copy of said assignment to the mayor of the town.
Section 15-2-5 Insurance Required
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The grantee shall, at all times during the existence of this license, carry and require its contractors to carry insurance as follows:
1. Worker's compensation insurance in accordance with the laws of the State of Arizona, and amendments thereto;
2. Bodily injury liability insurance with limits of $500,000, each person, and $300,000, each occurrence; and
3. Property damage liability insurance with limits of $100,000 each accident and $200,000 aggregate.
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The insurance described in paragraphs 2 and 3 of subsection A of this section shall also provide contractual liability coverage satisfactory to the town with respect to all liabilities assumed by grantee under the provisions of this agreement. The town shall notify the grantee's representative in the town within thirty days after the presentation of any claim or demand, either by suit or otherwise, made against the town on account of any negligence as aforesaid on the part of the grantee.
Section 15-2-6 Rules and Regulations
The grantee shall have the authority to promulgate such rules, regulations, terms and conditions of its business as shall be reasonably necessary to enable the grantee to exercise its rights and perform its services under this non-exclusive license and to assure an uninterrupted service to each and all its customers.
Section 15-2-7 Television Receivers; Prohibition
Grantee, its agents, employees and assigns shall not engage in the rental, repair or sale of television receivers either directly or indirectly.
Section 15-2-8 Fee to Town
In consideration for the rights, privileges and non-exclusive license hereby granted and as compensation to the town for the use of its public ways and places by the grantee and in lieu of all occupation and license or other taxes, the grantee shall on or before the first day of January and the last day of July each year in which this non-exclusive license is effective pay to the town a sum equal to two percent of the receipts derived from the collection of monthly service fees paid by subscribers residing within the town. The fee shall be levied as a tax upon grantee in lieu of all other license or permit fees. Grantee shall render a sworn statement of such receipts received under this non-exclusive license and deliver the same to the town clerk simultaneously with its payments. The town shall have the authority to audit the books and records of the grantee's operation within the town under this non-exclusive license upon request and prior notice during normal business hours.
Section 15-2-9 Compliance with License Terms
Failure or refusal to observe the terms and provisions of this non-exclusive license by the grantee, its successors or assigns shall entitle the town to forfeit and terminate this non-exclusive license and all rights thereunder, and the town may exercise such rights ninety days after service of notice upon grantee of failure to observe the terms thereof and upon refusal during said ninety day period to perform or act or commence to perform or act as required by said non-exclusive license, after such failure or violation of the terms and provisions hereof.
Section 15-2-10 Effect of License
All provisions of law provided and prescribed for the granting of this non-exclusive license shall be binding upon the grantee and all successors and assigns of the grantee, whether expressly stated herein or not, and all rights, authorities, powers, grants and privileges secured by this non-exclusive license to the grantee shall be held to insure to the benefit of the grantee and all successors and assigns of the grantee.