§ 7-132. Cable Management Associates (CMA).
(a)
A nonexclusive franchise is hereby granted to "CMA" by the Parish of Ouachita, which franchisee is granted the right to use and occupy the streets, public ways, and places of the parish for the installation, operation and maintenance of the equipment and plan of a community antenna cable television and general communication system for a period of fifteen (15) years, expiring on January 1, 2001, and ending on December 31, 2016.
(b)
The Ouachita Parish Police Jury, in regular and legal session [ordains] that in consideration of the faithful performance and observance of the conditions and reservations hereinafter specified, "CMA", its successors, or assigns provided such successors, assigns or designees are approved by the Ouachita Parish Police Jury, hereinafter referred to as "the company" is hereby granted the right to erect, maintain and operate television transmission distribution facilities and additions thereto, in, under, over, along, across, and upon the streets, lanes, avenues, sidewalks, alley ways, bridges and other public places in the Parish of Ouachita outside of incorporated municipalities, for the purpose of transmission and distribution of television and impulses and television energy for a period of fifteen (15) years from January 1, 2001.
(c)
In this section, the word "television" shall mean a system for transmission of audio signals and visual images by coaxial cable.
(d)
The poles used for the company's distribution system shall be those erected and maintained by the present utility companies authorized by franchise to conduct their business with the Parish of Ouachita, when and where practical, providing mutually satisfactory rental agreements can be entered into with said companies. Where the use of poles, owned by the utility companies are not practicable or mutually satisfactory or rental agreements cannot be entered into with said companies, the company with the prior written consent of the Ouachita Parish Police Jury shall have the right to erect and maintain its own poles as may be necessary for the proper construction and maintenance of the television distribution system, the location of the poles to be approved by the parish. Construction permits shall be obtained from the parish prior to any construction.
(e)
The company'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 any improvements that this parish may deem proper to make, or to unnecessarily hinder or obstruct the free use of the streets, alleys, bridges, or other public properties; removal of poles to avoid such interference will be at the company's expense.
(f)
Construction and maintenance of the transmission distribution system, including house connections, shall be in accordance with the provisions of the National Electrical Safety Code prepared by the National Board of Fire Underwriters, and such applicable laws and regulations of the State of Louisiana, affecting the electrical installations, which may be presently in effect, or changed by future legislation.
(g)
Installations and housetop hardware shall be uniform throughout the parish, except that the company shall be free to change its hardware and installation procedures as the art progresses.
(h)
Installation shall be maintained so as not to interfere with TV reception already in existence.
(i)
In the maintenance and operating of its television transmission and distribution system in the streets, alleys, or other public places, and in the course of any new construction or addition to its facilities, the company shall proceed so as to cause the least possible inconvenience to the general public; any opening or obstruction in the streets or other public places, made by the company in the course of its operation, shall be guarded and protected at all times by the placement of adequate barriers, fences, or boardings, the bounds of which during periods of dusk and darkness shall be clearly designated by red warning lights.
(j)
The company shall indemnify and hold the parish harmless at all times during the term of this grant from and against all claims for injury or damages to persons or property both real and personal caused by the construction, erection, operation or maintenance of any structure, equipment, appliance or products authorized or used pursuant to the authority of this section.
(k)
The company shall carry insurance in such form and in such companies as shall be approved by the parish, to protect the parish and itself from and against any and all claims for injury or damages to persons or property, both real and personal, caused by the construction, erection, operation or maintenance of any structure, equipment, appliance or products authorized for use pursuant to authority of this section, and the amount of such insurance against liability due to damage to property shall not be less than one hundred thousand ($100,000.00) as to any one (1) person and two hundred thousand dollars ($200,000.00) as to any one (1) accident, and against liability due to injury or death of persons, one hundred thousand dollars ($100,000.00) as to any one (1) person and three hundred thousand dollars ($300,000.00) as to any one (1) accident.
(l)
The company, upon receipt of due notice and in writing from the parish, shall defend at its own expense any action or proceeding against the parish in which it is claimed that the injury or damage arose from the company's activities in the operation of this television system.
(m)
The distribution system of the company installed or to be hereafter installed shall not be abandoned in whole or in part without the consent of the Ouachita Parish Police Jury.
(n)
The company shall have a listed telephone, and be so operated that complaints and requests for repairs or adjustments may be received during usual business hours. The company shall respond to all service calls within twenty-four (24) hours and shall correct malfunctions as promptly as possible, but, in all events, within seventy-two (72) hours after thereof.
(o)
Any modifications of the provisions of Section 76.31 of the rules and regulations of the Federal Communication Commission (47 CFR Section 76.31) resulting from amendment shall be incorporated into this franchise ordinance within one (1) year of adoption by the FCC, or at the time of franchise renewal pursuant to subsection (b) herein, whichever occurs first.
(p)
For the period of January 1, 2001, through December 31, 2005, the company shall pay the Ouachita Parish Police Jury a franchise fee in an amount equal to three (3) per cent of the gross revenues derived by the operation of the franchisee's cable system within the unincorporated areas of the Parish of Ouachita. Thereafter, the company shall pay to the Ouachita Parish Police Jury during the entire life of the franchise on or before the tenth day of each month a franchise fee in an amount equal to the maximum percentage allowed under 47 USCA 542 of the gross revenues derived by the operation of the franchisee's cable system within the unincorporated areas of the Parish of Ouachita. Further the company shall submit by April 15 of each year, a statement from a certified public accountant showing the total gross revenues received by the company for the preceding calendar year and shall submit with such statement a check for any such deficiency revealed by the statement. In the event of an overpayment of the franchise fee, the company shall be entitled to a credit thereof and shall withhold future franchise fees until such time as said credit is satisfied.
(q)
The company shall give the Ouachita Parish Police Jury at least sixty (60) days' written notice prior to any increase in charges to its subscribers.
(r)
The company shall grant the Ouachita Parish Police Jury without charge the sole and exclusive use of one (1) channel. Further, the company shall provide to educational, public, civic, and nonprofit organizations in its service area time on at least one (1) channel without charge.
(s)
If the company shall fail to comply with any of the provisions of the grant or default in any of its obligations except for cause beyond the reasonable control of the company, and shall fail within thirty (30) days of written notice from the parish to correct such default noncompliance, then the Ouachita Parish Police Jury shall have the right to revoke this grant and all rights of the company hereunder.
(t)
At the time this franchise becomes effective the company shall furnish a bond to the parish in the amount of ten thousand dollars ($10,000.00), in such form and with such sureties as shall be acceptable to the parish, guaranteeing the payment of all sums, which may at any time become due from the company to the parish under the terms of this franchise agreement, except such sums as are covered by the insurance provided in subsection (k) and further guaranteeing the faithful performance of all the obligations of the company under the terms of this franchise.
(u)
Should any section, clause, or provision of this section be declared invalid by a court of record, the same shall not affect the validity of the section as a whole or any part thereof, other than the part so declared invalid.
(Ord. No. 8824, 12-19-05)