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HomeMy WebLinkAbout1965-625 , . • /11 ORDINANCE NO. • • / NCE relating to the iicensingof community antenna i / ff systems n the City of Yakima; ima, ix ng the ice n se fees (-) therefor; prescribing regulatory terms and conditions applicable thereto; declaring violations to be misde- meanors and providing a penalty; and creating a new Chapter to the City of Yakima Municipal Code to be known as Chapter 5.27, Community Antenna Television Systems. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. • There is hereby created a new Chapter to the City of Yakima Municipal Code to be known as Chapter 5.27, COMMUNITY ANTENNA TELEVISION SYSTEMS, which Chapter shall read as follows: "Chapter 5.27 COMMUNITY ANTENNA TELEVISION SYSTEMS 5.27.010 REVENUE. The provisions of this ordinance shall be deemed an exercise of the power of the City of Yakima to license for revenue. 5.27.020 DEFINITIONS. For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meanings given herein: (I) "CITY": The City of Yakima, a municipal corporation of the State of Washington. (2) "COMMUNITY ANTENNA TELEVISION SYSTEM", hereinafter referred to as "CATV": Coaxial cables, amplifiers, pipes, conduits, poles, wires, and other equipment and appurtenances of a coaxial cable subscription system for the transmission of television, electronic, electri- cal and radio signals, audio and video, throughout the City and its environs. (3) "LICENSEE": The person, firm, corporation or association to whom a license is granted pursuant to this ordinance, and the lawful successor or assignee of such person, firm, corporation or association. (4) "MONTHLY SERVICE REVENUE": All payments made by sub- scribers in the City for monthly CATV service, but not including charges made or amounts received by the licen- see for installations in subscribers' homes, offices or business, or for connections into the said system, or for any other act or service whatsoever. No expenditures of any kind by the licensee shall be deducted from the amount received from subscribers for monthly service in determining the monthly service revenue. Monthly service revenue shall not include any taxes on the services furnished by the licensee imposed directly on any user or subscriber by any city, state or other government and collected by the licensee for such • governmental unit. (5) "STREET": The surface of and the space above and below any public street, road, highway, freeway, lane, alley, court, sidewalk, parkway or drive, now or hereafter existing as such within the City. (6) "SUBSCRIBER": Any person or entity in the City who receives CATV service through the facilities of the licenSee. 5.27.030. LICENSE REQUIRED. No person shall engage in any CATV business or activity in the City of Yakima without first having ob- tained and being the holder of a valid and subsisting license so to do, to be known as a "CATV Business License", issued under the pro- visions of this ordinance as hereinafter provided, and without paying the license fee or tax imposed by this ordinance. 5.27.040 LICENSE TAX YEAR. All CATV business licenSes shall be III issued on a calendar year basis and shall expire at midnight on DeCember 3lst of the calendar year. 5.27.050 CATV LICENSE FEE. (I) There is hereby levied upon and shall be collected from every person, firm, corporation or association engaging in the CATV business in the City of Yakima an annual license fee or tax for the purpose of engaging in the CATV business activity, which fee or tax shall be equal to five per cent (55,) of the monthly service revenue derived by the liCensee from the operation of the CATV system within the City. (2) Payment of the aforesaid five per cent (5°1 fee Or tax shall be made by the licensee on or before the 15th day of each and every month on the monthly service revenue received by the licensee during the preceding calendar month. (3) The licensee shall keep separate books and records showing all of its monthly service revenue from the operation of • its community antenna television system in the City, which books and records shall be open to inspection of the City Clerk or his authorized agent at all reasonable times during business hours. (4) The payment of the fee or tax provided in this ordinance shall be in lieu of any other City tax or increased rate of tax or other imposition, assessment or charge, except ad valorem taxes. (5) The minimum fee or tax for each CATV business license shall be $250.00 per calendar year. 5.27.060 APPLICATION FOR LICENSE. All applications for CATV business licenses shall be made to the City Clerk, on forms provided by that officer, and each application shall set forth the name of the applicant, his residence, place of business and any other infor- mation which is deemed necessary by the City Clerk. The application for license shall be accompanied by the minimum fee or tax, which sum shall be credited against the license fee or tax next accruing and becoming due to the City from the licensee. Payment of monthly license fees and taxes shall be made upon blanks or forms of return provided by the City Clerk. III • 5.27.070 LICENSE NONEXCLUSIVE. LIMITATIONS ON TRANSFER. The :license provided herein shall not be deemed exclusive. The licensee herein shall not sell, transfer or assign the license referred to herein without first securing the permit of the City Council for such sale, transfer or assignment; provided that the licensee may transfer its rights hereunder to a corporation in which it owns a majority of the voting stock, if the transferee assumes and agrees to all of the terms of the license. -2- 5.27.080 RIGHT TO ENGAGE IN CATV BUSINESS; The holder of a CATV businest license from the City may engage in the.CATV business therein, and it may install a community antenna television system and ail component parts thereof in the City and in the streets thereof, all pursuant to the terms and conditions of this ordinance: 5.27.090 USE OF PUBLIC UTILITY POLES. In installing a community antenna television system, the licensee shall make use of poles erected and maintained by the Pacific Power and Light Company and the Pacific Northwest Bell Telephone Company whenever practicable, attaching or otherwise affixing cables, wires or equipment to pole facilities of said public utility companies, even though pole facilities may be upon or over the streets of the City; provided that licensee first secures consent of the aforementioned public utility companies companies for the use of their pole facilities. 5.27.100 OTHER POLES. The licensee may erect and install other poles, wires and CATV facilities in the City, with the prior approv- al and under the supervision of the City Engineer as to the location of all such poles; provided that such locations shall not constitute vested interests in the licensee, and any such pole shall be re moved by the licensee whenever it restricts or obstructs the opera- tion and location of any City street or the use thereof by the public. 5.27.110 SAFE INSTALLATIONS. All. installations made by the licensee shall be made and maintained in good and safe condition at all times, and all electrical installations shall conform with the requirements of the National Electrical Safety Code. The licensee shall make no excavation in any street without first pro- curing a written permit from the City, and all work of that kind shall be done under the supervision of the City authorities and so as to meet the approval of the City Engineer. If any street is 111 disturbed or damaged in the construction or maintenance of any part of a CATV system, the same shall be promptly repaired by the licens- ee at its expense to the satisfaction of the City. 5.27.120 PUBLIC LIABILITY INSURANCE. The licensee shall indem- nify and save the City harmless from any and all liability, loss, cost, damage or expense from accident or damage, either to itself or to persons or property of others, which may occur by reason of licensee's activities in the CATV business. For this purpose and prior to commencing construction of any kind, the licensee shall have in full force and effect and thereafter so maintain the same at all times, and file evidence thereof with the City Clerk, a good and sufficient policy (or policies) of insurance with liability limits of Fifty Thousand Dollars ($50,000.00) for property damage, One Hundred Thousand Dollars ($100,000.00) for personal injury to each person, and Three Hundred Thousand Dollars ($300,000.00) for each accident. The said policy (or policies) shall be issued by an insurance company (or companies) authorized and qual ified to do busi- ness in the State of Washington and shall protect the City from and against any and all claims, actions, suits, liability, loss, cost, expense or damage of any kind or description which may accrue to or be suffered by the City or by anyone by reason of the erection, con- • struction, reconstruction, relocation, replacing, readjustment, repair, maintenance or operation of the CATV system and any part thereof which may in anywise cause liability to the City. 5.27.130 OTHER ORDINANCES. The licensee shall be subject to all ordinances now in force or that may hereafter be enacted relative to the use of the City Streets, including al I ordinances relating to the use of the streets by public utilities. 5.27.140 TAX CONSTITUTES DEBT. Any license fee or tax due and unpaid pursuant to this ordinance shall constitute a debt to the Cit and may be collected by it in the same manner as any other debt in like amount, which remedy shall be in addition to all existing remedies. -3- • 5.27.150 CANCELLATION OF LICENSE. The license provided herein may be cancelled at any time for failure of the licensee to comply with the terms and conditions of this ordinance; provided that the City first notifies the licensee in writing setting forth the failures of the licensee in detail and the licensee fails to cure the same within thirty (30) days from the date the notice is mailed to licensee by registered or certified mail. 5.27.1.60 SEVERABILITY. If any section, sub-section, sentence, clause, phrase or portion of this ordinance is for any reason held invalid by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity or con of the remaining portions thereof. 5.27.170 PENALTY FOR VIOLATIONS. Any person violating any of the provisions of this ordinance shall be deemed guilty of a mis- demeanor and Upon conviction thereof shall be punished by a:fine of not more than Three Hundred Dollars ($300.00) or by imprison- ment in the City Jail for not more than ninety (90) days or by both such fine and imprisonment." Section 2. This Ordinance shall be in full force and effect thirty days after its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 2 day of PFuny, 1965. Mayor ATTEST: // 'Wu City Clerk 411 -4-