General Ordinances - City of New Buffalo

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CITY OF NEW BUFFALO CODE OF ORDINANCES E. In the event of an emergency situation, the City may interrupt signals otherwise being distributed by the company for the delivery of signals necessitated by such emergency. F. No person, firm, or corporation in the company's franchise area shall be arbitrarily refused service. For unusual circumstances, such as weather conditions affecting requirements for the underground cable construction of service to subscribers, service may be made available on the basis of an installation payment by the prospective subscribers to the company, to reimburse the company for its costs. This Section is in the interest of not unfairly burdening existing subscribers with higher than normal incidental costs of said installation. Section 20-17. Liability insurance and indemnification. A. The company shall maintain throughout the term of its franchise liability insurance insuring the City and the company with regard to all damages for which the City and/or the company may be liable, including, but not limited to, damages arising from the installation, operation, maintenance, or removal of the company's C.A.T.V. system, whether or not any act or omission complained of is authorized, allowed, or prohibited by the franchise. B. The company, by its acceptance of this franchise, agrees to indemnify the City and hold the City harmless from all claims, demands, penalties, and expenses (including reasonable attorney fees) which the City may be required to pay as a result of the company's acts or negligence in the installation, operation, or maintenance of the C.A.T.V. system authorized herein. Further, following the receipt of notice of the City of the filing or assertion of any such claim or demand against the City and/or company, the company will promptly assume responsibility and prosecute to a conclusion the adjustment and settlement of any such claim or demand and the defense of any legal action filed incident thereto. Within fifteen (15) days after the presentation to or the filing with the City of any such claim or demand, whether by legal action or otherwise, the City shall notify the company's representative thereof. The company shall carry and pay the cost of the following liability insurance in support of its undertaking to hold the City harmless from loss sustained by either on account of the acts or negligence of the company, in at least the amounts indicated below, for injury to or death of persons and injury to or destruction of property. C. The liability insurance referred to in this Section shall be in the following amounts: 1. Five-hundred thousand dollars ($500,000.00) for personal injury or death to any one (1) person, with a limit of one million dollar ($1,000,000.00) for personal injury and property damage combined resulting from any one (1) accident; 2. Five-hundred thousand dollars ($500,000.00) for property damage resulting from any one (1) accident, with a limit of one million dollar ($1,000,000.00) for personal injury and property damage combined resulting from any one (1) accident; 3. Five-hundred thousand dollars ($500,000.00) for all other types of liability. Section 20-18. Bond. The company shall, within thirty (30) days of the grant of a franchise to it pursuant to this Chapter, file with the City Clerk, and at all times thereafter maintain in full force and effect for the term of the franchise, and its expense, a corporate surety bond, or such other surety arrangement as the Council may approve, in the amount of twenty-five thousand dollars ($25,000.00), conditioned upon the faithful performance by such cable communications company of its obligations under its franchise as herein set forth, and upon the further condition that if such cable communications company shall fail to comply with any one (1) or more provisions of the Chapter, there shall be recoverable jointly and severally from the principle and surely of such bond any damages or loss suffered by the City as a result thereof, including the full amount of any compensation indemnification, or cost of removal of any property of such cable communications company as provided in Chapter plus attorney's fees and costs, up to the full amount of the bond, said condition to be a continuing obligation for the duration of any franchise granted under this Chapter and any renewal thereof and thereafter until such cable communications company has liquidated all of its Chapter 20- UTILITY FRANCHISES 20-14
CITY OF NEW BUFFALO CODE OF ORDINANCES obligations with the City which may have arisen under the franchise or from the exercise of any privilege or right granted thereby. Any bond provided under this section shall provide that at least thirty (30) days prior notice of any intention not to renew, to cancel or to make a material change therein shall be filed with the City Clerk. Nothing herein shall be construed to excuse faithful performance by any cable communications company or in any way to limits its liability for damages or otherwise. Section 20-19. Financial records and reports. The company shall keep full, true, accurate, and current books of accounts reflecting its investment and its operations under this franchise, which financial books and records shall be kept and maintained by the company and shall be made available for inspection and copying by the City's independent auditor or his authorized representative, at all reasonable times at the company's normal place of business, with reasonable prior notice, during regular business hours. Section 20-20. Publication and preparation costs. The company shall assume the cost of publication and preparation of this franchise as such publication is required by law and as such preparation by cost. The bill for publication and preparation costs shall be presented to the company by the appropriate City officials upon the company's filing of its acceptance of this franchise and the said publication and preparation costs shall be paid at that time by the company. Section 20-21. Annual franchise fee. [Ord. 121, 2/16/1999] In consideration of the granting and exercise of a franchise to use the streets of the franchise area for the purpose of operating a cable television system for the use and benefit of the subscribers therein, the grantee shall pay yearly to the City during the entire time of any franchise granted pursuant to this ordinance, an annual franchise fee equal to 5% of the grantee's yearly gross revenues derived from al cable services provided by grantee within the City, or $250.00, whichever is greater. Any franchise payments to the City by grantee shall not be in lieu of any occupation, income, license or property tax or similar levy, assessment or charge which would otherwise apply to and be payable by grantee. Chapter 20- UTILITY FRANCHISES 20-15
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General Ordinances - City of New Buffalo

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