AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO COMMUNICATION SERVICES, INC., TO OPERATE A CABLE TELEVISION SYSTEM IN THE CITY OF GARNETT, KANSAS.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF GARNETT, KANSAS:
SECTION I. GRANT OF FRANCHISE
1.1 The City of Garnett, Kansas, (hereinafter sometimes “City”) hereby grants to Communication Services, Inc. (hereinafter sometimes “Grantee”) a non-exclusive franchise to construct and operate a cable television system and offer cable television service in, along, among, across, above, over, under, or in any manner connected with the public ways within the service area. Grantee is also authorized to erect, install, construct, repair, replace, reconstruct, maintain, or retain in, on, over, under, across or along any public way and all extensions thereof and additions thereto, such poles, wires, cables, conductors, and other such equipment and related property as may be necessary or appurtenant to the cable system.
1.2 The franchise granted pursuant to this ordinance shall be for a term of twenty (20) years from the effective date thereof unless otherwise lawfully terminated or modified in accordance with the terms of this franchise.
SECTION II. DEFINITION OF TERMS
2.1 Terms. For the purpose of this ordinance, the following terms, phrases, words, and abbreviations shall have the meanings ascribed to them below. 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. “Affiliate” means an entity which owns or controls, is owned or controlled by, or is under common ownership with Grantee.
b. “Basic Cable” is the tier of service regularly provided to all Subscribers that includes the retransmission of local broadcast television signals.
c. “Cable Act” means the Cable Communications Policy act of 1984 and the Cable Television Consumer Protection and Competition Act of 1992, as amended:
d. “Cable Service” means (i) the one-way transmission to subscribers of video programming or other programming service, and (ii) subscriber interaction, if any, which is required for the selection of such Video Programming or any other lawful communication service.
e. “Cable System” means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment or other communications equipment that is designed to provide Cable Service and other service to subscribers.
f. “FCC” means Federal Communications Commission, or successor governmental entity.
g. “Franchise” shall mean the initial authorization, or renewal thereof, issued by the Franchising Authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate or otherwise, which authorizes construction and operation of the Cable System for the purpose of offering Cable Service or other service to Subscribers.
h. Franchise Authority” means the City of Garnett, Kansas, or the lawful successor, transferee, or assigned thereof
i. “Grantee” means Communication Services, Inc., or the lawful successor, transferee, or assignee thereof
j. “Gross Revenues” mean the monthly Cable Service revenues received by Grantee from Subscribers of the Cable System in the Service Area; provided, however, that such phrase shall not include (i) revenues received from national advertising carried on Cable System; (ii) any taxes on Cable Service which are imposed directly or indirectly on any Subscriber thereof by any governmental unit or agency, and which are collected by the Grantee on behalf of such governmental unit or agency.
k. “Person” means an individual, partnership, association, joint stock company trust corporation, or governmental entity.
l. “Public Way” shall mean the surface of, and the space above and below, any public street, highway, freeway, bridge, land, path, alley, court, boulevard, sidewalk, parkway, way, lane, public way, drive, circle, or other public right of way including but not limited, to public utility easements, dedicated utility strips, or rights-of-way dedicated for compatible uses and any temporary or permanent fixtures for improvements located thereon now or hereafter held by the Franchise Authority in the Service Area which shall entitle the Franchise Authority and the Grantee to the use thereof for the purpose of installing, operating, repairing, and maintaining the Cable System. Public Way shall also mean any easement now or hereafter held by the Franchise Authority within the Service Area for the purpose of public travel, or for the utility or public service use dedicated for compatible uses, and shall include other easements of right-of-way as shall within their proper use and meaning entitle the Franchise Authority and the Grantee to the use thereof for the purposes of installing or transmitting Grantee’s Cable Service or other service over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, compliances, attachments, and other property as may be ordinarily necessary and pertinent to the Cable System.
m. “Service Area” means the present municipal boundaries of the Franchise Authority, and shall include any additions thereto by annexation or other legal means.
n. “Service Tier” means a category of Cable Service or other services, provided by Grantee and for which a separate charge is made by Grantee.
o. “Subscriber” means a person or user of the Cable System who lawfully received Cable Services or other service therefrom with Grantee’s express permission.
p. “Video Programming” means programming provided by, or generally considered comparable to programming provided by, a television broadcast station.
SECTION Ill. STANDARDS OF SERVICE
3.1 Grantee’s service shall equal or exceed FCC customer service standards.
3.2 All transmission and distribution structures, poles, lines and other equipment installed or erected by Grantee shall be located so as to cause a minimum of interference with the proper use of Public Ways and with the rights and reasonable convenience of adjoining property owners.
3.3 If during the course of Grantee’s construction, operation or maintenance of the Cable System there occurs a disturbance of any Public Way, Grantee shall at its own expense replace and restore such Public Way to a condition reasonably comparable to the condition of the Public Way prior to the disturbance.
3.4 Upon reasonable notice, Grantee at its own expense shall protect, support, temporarily disconnect or relocate in the Public Way or remove from the Public Way any property of Grantee when required by the City by reason of traffic conditions, public safety, street abandonment, street construction, change or establishment of street grade, installation of sewers, drains, gas or water pipes, or any other reason deemed appropriate by the City.
3.5 Grantee shall upon request of a person holding a building moving permit temporarily raise or lower its wires and permit the moving of such building, provided Grantee is given reasonable notice to arrange for such temporary changes. The expense of such temporary raising or lowering of wires shall be paid by said person. If required by Grantee, such payment shall be paid in advance.
3.6 Grantee shall have the authority to trim trees and other natural growth overhanging any of its Cable System in the Service Area so as to prevent branches from coming into contact with Grantee’s wires, cable or other equipment. Grantee shall reasonably compensate the City or the property owner for any damage caused by such trimming, or replace all trees or shrubs damaged as a result of any construction of the system undertaken by Grantee.
3.7 Subject to any applicable state or federal regulations, the City shall have the right to make additional use for any public purpose of any of the poles or conduits controlled or maintained exclusively by or for the Grantee in any Public Way; provided that (a) such use by the City does not interfere with a current or future use by the Grantee; (b) the City holds the Grantee harmless against and from all claims, demands, costs, or liabilities of every kind and nature whatsoever arising out of such use of said poles or conduits, including but not limited to, reasonable attorney’s fees and costs; and (c) at Grantee’s sole discretion, the City may be required either to pay a reasonable rental fee or otherwise reasonably compensate Grantee for the use of such poles, conduits, or equipment; provided, further, that Grantee agrees that such compensation or charge shall not exceed those paid by it to public utilities pursuant to the applicable pole attachment agreement, or other authorization, relating to the Service Area.
3.8 Grantee hereby warrants that its system is in compliance with applicable FCC and other federal or state regulations. Grantee shall not endanger or interfere with the safety of persons or property in the Service Area.
3.9 In those areas of service where all or portion of the transmission or distribution facilities of the respective public utilities providing the telephone services or electrical services are underground, Grantee shall construct, operate and maintain all of its transmission and distribution facilities underground. Nothing contained in this section shall require Grantee to construct, operate and maintain underground any grounding mounted appurtenances such as Subscriber taps, line extenders, system passive devices, amplifiers, power supplies, pedestals, or other related equipment.
3.10 Grantee is hereby authorized to extend the Cable System as necessary, desirable, or as required pursuant to the terms of this agreement. Whenever Grantee shall receive a request for service from at least 15 subscribers within 1,320 cable-bearing strand feet of its trunk or distribution cable, it shall extend the Cable System to such Subscribers at no cost to said Subscribers for system extension, other than the usual connection fees for all subscribers.
3.11 No Subscriber shall be refused service arbitrarily or without just reason. However, for unusual circumstances, such as Subscriber’s request to locate his cable drop underground, if a distance from the distribution cable to point of connection of service to Subscriber is greater than 150 feet, or if there is a density of less than 15 Subscribers per 1,320 cable-bearing strand feet of its trunk or distribution cable, the Cable Service may be made available on the basis of a capital contribution in aid of construction. For the purpose of determining the amount of capital contribution in aid of construction to be borne by Grantee and Subscribers in the area of service to be expanded, Grantee will contribute an amount equal to the construction and other costs per mile, multiplied by a fraction whose numerator equals the number of potential Subscribers per 1,320 cable bearing strand feet of its trunk or distribution cable, and whose denominator equals 15 Subscribers. Potential Subscribers will bear the remainder of the construction and other costs on a pro rata basis. Grantee may require the payment of capital contribution in aid of construction to be borne by such potential Subscribers to be paid one-half of total cost in advance.
3.12 Grantee shall provide without charge one (1) outlet for Basic Service to the City’s office buildings, fire stations and police stations passed by its system. Grantee shall also provide one (1) outlet for Basic Service to all public and private primary and secondary school buildings in the City of Garnett, Kansas, passed by its system. The outlets of such service shall not be used to distribute or sell Cable Services in or throughout such buildings, nor shall such outlet be located in a common or public area. Users of such outlets shall take reasonable precautions to prevent any use of the Grantee’s system and such outlets in any manner that results in inappropriate use of the system or outlets or loss or damage to the system or that results in violation of applicable laws and regulations governing such use, including but not limited to, copyright laws. In the event that the additional outlets for Basic Service or other services are requested, the City or the public school shall pay the usual installation fees associated therewith.
3.13 In the case of any emergency or disaster, Grantee shall, upon request of the City, make available its facilities for the City to provide emergency information and instructions during the emergency or disaster period. The City will hold Grantee, its agents, employees, officers and assigns harmless from any claims arising out of the emergency use of its facilities by the City. The City shall only permit designated persons to operate the emergency override system, and shall take reasonable precautions to prevent any use of the emergency override system in any manner that results in inappropriate use of the override system, or any loss or damage to the Cable System.
SECTION 4 REGULATION BY FRANCHISE AUTHORITY
4.1 Grantee shall pay to the City a franchise fee equal to five percent (5%) of Gross Revenues. Franchise fees shall be paid on a quarterly basis, beginning on the 31st day of December, 1996. Payments will be due sixty (60) days after the end of each quarter. Each payment received shall be accompanied by a summary sheet showing the basis for computation.
4.2 The City may regulate the rates for the provision of Basic Cable and equipment as expressly allowed by state and federal law and all pertinent regulations thereto. At least thirty (30) days prior to implementing any changes in rate levels, services or service terms, Grantee shall provide the City written notice describing such changes it plans to make.
4.3 The City and Grantee agree that any proceedings undertaken by Grantee and the City relating to the renewal, termination, or modification of this franchise will be governed by applicable local, state and federal law in effect at the time of such renewal, termination or modification. This franchise shall be construed and interpreted according to the laws of the State of Kansas.
4.4 Any sale or transfer of the Cable System authorized hereunder shall be governed by local, state and federal law in existence at the time of such sale.
4.5 Grantee’s right, title or interest in the cable system in Garnett, Kansas, shall not be sold, transferred, assigned, or otherwise encumbered except to a company controlling, controlled by, or under common control of Grantee, without the prior consent of the City, such consent not to be unreasonably withheld. The City shall have the right of first refusal for the purchase of the cable system if the system is sold or transferred to an entity other than to an affiliate of the Grantee. The City shall have forty-five (45) days from written notice of such sale or transfer of the system to exercise its right of first refusal. First refusal is to be based upon the City’s meeting same terms and conditions of the bona fide offer, or fair market value; paid at closing in readily available funds. No such consent shall be required, however, for a transfer by mortgage or other hypothecation or by assignment of any rights, title or interest of Grantee in the Cable System in order to secure indebtedness.
SECTION V. COMPLIANCE AND MONITORING
5.1 The City may perform technical tests of the Cable System during reasonable times and in a manner which does not unreasonably interfere with the normal business operations of Grantee or the Cable System in order to determine whether Grantee is in compliance with the terms of this agreement and applicable state and federal laws. The City will provide Grantee reasonable notice of such testing, the dates thereof, and the testing procedures to be utilized and permit a representative of Grantee an opportunity to be present during such tests. In the event such testing demonstrates that the Grantee has substantially complied with such material provisions hereof, the cost of such testing shall be borne by the City.
5.2 Grantee agrees that the City may review its books and records necessary to the enforcement of the franchise during normal business hours and on a non-disruptive basis. Grantee shall not be required to disclose information which it reasonably deems to be proprietary or confidential in nature. The City will treat any information disclosed Grantee as confidential and only disclose such information to the City’s employees, representatives or agents.
SECTION VI. MISCELLANEOUS PROVISIONS
6.1 Grantee shall maintain in full force and effect, at its own cost and expense, during the term of the franchise a comprehensive general liability insurance policy in the amount of $1,000,000 combined single limit for bodily injury and property damage. Said insurance shall designate the City as an additional insured. Such insurance shall be noncancelable except upon thirty (30) days prior written notice to the City.
6.2 Grantee agrees to provide bonds and other surety in such amounts and during such times as there is a reasonably demonstrated need therefor. In the event that a surety bond is required in the future, the City agrees to give Grantee sixty (60) days prior written notice thereof stating the reasons for said bond or surety.
6.3 Grantee shall not be held in default or non-compliance with the provisions of this franchise when such non-compliance or alleged defaults are caused by strikes, act of God, or event which is wholly beyond the control of Grantee.
6.4 The City will have in force and effect an ordinance which makes tampering with Grantee’s Cable System and theft of Cable Services a misdemeanor.
6.5 Jurisdiction for any action alleging failure, default, termination, or seeking in any way to construe or interpret this franchise agreement shall be in the District Court of Anderson County, Kansas, or any federal court in Kansas.
6.6 Unless expressly otherwise agreed between the parties, every notice or response required by this franchise agreement to be served upon the City or the Grantee shall be in writing, and shall be deemed to have been duly given to the required party five business days after having been posted in a properly sealed and correctly addressed envelope when hand delivered or sent by certified or registered mail, postage prepaid.
The notices or responses to the City shall be addressed or delivered as follows:
City of Garnett
City Hall
131 West Fifth Street, P.O. Box H
Garnett, Kansas 66032
The notices or responses to the Grantee shall be addressed or delivered as follows:
Communication Services, Inc.
931 S.W. Henderson Road
Topeka, KS 666 I 5-3841
with a copy to:
Communication Services, Inc.
Attention: Division Counsel
4700 South Syracuse Street
Suite 1100
Denver, CO 80237
The City and the Grantee may designate such other address or addresses from time to time by giving notice to the other.
6. 7 The provisions of this contract are deemed severable. If any provision or clause of this franchise is deemed unlawful it shall be severed from this franchise, and the remaining franchise shall remain in full force and effect.
6.8 If Grantee fails to provide Cable Service over a substantial or material portion of its System in the city of Garnett for an extended period of time, at least three (3) consecutive days, while having the ability to provide such Service, the City shall notify the Grantee of its intent to deem the Grantee’s Cable System abandoned. Grantee shall have 30 days from such notice to cure the abandonment or it will have been deemed to have abandoned its cable operations.
6.9 Grantee shall provide parental lock-out devices to Subscribers at a reasonable cost.
6. 10 Cable Service which is obscene or otherwise unprotected by the constitution of the United States shall not be shown within the Franchise Service Area on the Grantee’s Cable System.
6.11 Upon completion of the upgrade of the cable plant, Grantee shall provide a level of basic service which as a minimum include all local broadcast television signals which Grantee is required or may be permitted to carry in accordance with Section 614 of the Cable Act (47 U.S.C. 534), and in addition, a separate tier or tiers of service which shall include, at a minimum, the services which, AS OF THE DATE OF THIS AGREEMENT, exist as one level of basic service, and which prospectively will not be included IN basic service. THE GRANTEE MAY, IN ITS SOLE DISCRETION, AND FROM TIME TO TIME, MODIFY OR CHANGE THE SERVICES IT OFFERS WITHIN THE BASIC LEVEL OF SERVICE OR THE SEPARATE TIER OR TIERS OF SERVICE.
SECTION VII. SYSTEM UPGRADE
7-1 The Grantee agrees to upgrade its Cable System within a twenty-four (24) month period from the effective date of this ordinance.
7-2 Within such twenty-four (24) month period the Cable System within the City shall be installed, and thereafter-during the remaining term of the franchise maintained, in accordance with the highest and best accepted standards of the industry to the end that subscribers shall receive the best possible service. Determination of satisfactory service shall take into consideration but shall not be limited to the following standards:
A Grantee shall upgrade it system so that the system in its entirety uses at least 450 MHZ equipment of high quality and reliability. Grantee shall integrate a fiber optic backbone design, and in a manner which will reduce the number of trunk amplifiers in a cascade out of the head-end. The fiber optic technology will integrate into the system in a manner which permit the Grantee to take full advantage of the benefits of that technology, including increased reliability and improved system performance. The headend shall be capable of providing at least fifty (50)-plus channels in full configuration and will develop signals of uniformly high quality throughout the service area.
B. The work compelled by sub-paragraph “A” shall be completed in the 24-month period immediately following the effective date of this ordinance. Failure to do so shall be deemed to shorten the term of this franchise to three years.
C. The Cable System shall produce a picture, whether in black and white or color, that is undistorted, free from ghost images and accompanied with proper sound in typical standard production television sets in good repair, and as good as the state of the art allows. The system shall pass standard color TV signals without the introduction of material degradation on color fidelity and intelligence.
D. The Cable System and all equipment shall be designed and rated for 24-hour per day, continuous operation. The Grantee shall schedule maintenance so that activities likely to result in an interruption of service are performed during periods of minimum Subscriber use. The Grantee shall limit failures to a minimum by locating and correcting malfunctions promptly, but in no event longer than 72 hours after notice, except for failures due to natural disaster, strikes, national emergencies, or tower failures.
E. The Grantee, to the extent practical, shall install equipment and construct its system so that except for premium or pay-per-view services, a Subscriber can use all features such as remote control units for VCR and television set for simultaneous viewing and recording on different channels.
F. The Grantee shall install a back-up power supply at the head-end capable of providing electrical power to the system for two (2) hours in the event of an electrical outage.
SECTION VIII. CUSTOMER SERVICE AND RESPONSIVENESS:
8.1 The Grantee has an obligation to provide high quality service to its Subscribers throughout the franchise term. Grantee’s service shall at all times meet or exceed the F.C.C. Customer Service Standards. Should such standards not address any matter or provide a lesser level of service than specified in this section, then the provisions hereof shall be met or exceeded by Grantee.
8.2 Cable System office hours and telephone availability.
A. The Grantee will maintain a local, toll-free or collect call telephone access line which will be available to Subscribers 24 hours a day, seven days a week.
(i) Trained representatives of the Grantee will be available to respond to Subscriber telephone inquiries during Normal Business Hours, as defined herein.
(ii) After Normal Business Hours, an access line will be available to be answered by a service or an automated response system, including a phone answering system. Inquiries received after Normal Business Hours must be responded to by a trained representative of the Grantee on the next business day.
B. Under Normal Operating Conditions, as defined herein, telephone answer time by a customer representative, including wait time, will not exceed 30 seconds. These standards will be met no less than 90 percent of the time under Normal Operating conditions, as measured by the Grantee on a quarterly basis.
C. Under Normal Operating Conditions, the Subscriber will receive a busy signal Jess than 3 percent of the time.
D. The Grantee shall not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards set forth above unless an historical record of complaints indicates a clear failure to comply with such standards.
E. Customer service center and bill payment locations will be open at least during Normal Business Hours and will be conveniently located.
8.3 Installations, outages-and service calls. Under Normal Operating Conditions, each of the following four standards will be met no less than 95 percent of the time, as measured by the Grantee on a quarterly basis:
A. Standard installations will be performed within seven business days after an order has been placed. “Standard” installations are those that are located up to 125 feet from the existing distribution system.
B. Excluding conditions beyond its control, the Grantee will begin working on Service Interruptions, as defined herein, promptly and in no event later than 24 hours after the interruption becomes known. The Grantee will begin actions to correct other service problems the next business day after notification of the service problem. The Grantee shall respond to events which may endanger health, safety or property of persons immediately, to the extend such conditions permit.
C. The Grantee will provide “appointment window” alternatives for installations, service calls, and other installation activities, which will be either a specific time or, at maximum, a four-hour time block during Normal Business Hours.
D. If a representative of the Grantee is running late for an appointment with a Subscriber and will not be able to keep the appointment as scheduled, the Subscriber will be contacted. The appointment will be rescheduled, as necessary, at a time which is convenient for the Subscriber.
E. The Grantee may not levy a charge for repair or maintenance, or for investigation or response to any complaint or inquiry, except in documentable cases of Subscriber negligence or abuse of Grantee’s equipment. The Grantee may use service orders as documentation so long as they are recorded and maintained in a reliable manner.
8.4 Communications between Grantee and Subscribers.
A. The Grantee shall provide written information on each of the following areas at the time of installation of service, at least annually to all Subscribers, and at any time upon request:
(i) products and services offered;
(ii) prices and options for services and conditions of subscription to programming and other services;
(iii) installation and service maintenance policies;
(iv) instructions on how to use the service;
(v) channel positions of programming carried on the Cable System; and
(vi) billing and complaint procedures, including the address and telephone number of the local Franchising Authority’s cable office.
B. Subscribers will be notified of any changes in rates, programming services or channel positions as soon as possible through announcements on the Cable System and in writing. Notice will be given to Subscribers a minimum of 30 days in advance of such changes if the change is within the control of the Grantee. In addition, the Grantee shall notify Subscribers 3 0 days in advance of any significant changes in the other information required by the preceding paragraph. ‘
C. Billing:
(i) Bills will be clear, concise and understandable. Bills will be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits.
(ii) In case of a billing dispute, the Grantee will respond to a written complaint from a Subscriber within 30 days from receipt of the complaint.
D. Refund checks will be issued promptly, but no later than either (i) the Subscriber’s next billing cycle following resolution of the request or 30 days, whichever is earlier, or (ii) the return of the equipment supplied by the Grantee if service is terminated.
E. Credits for service will be issued no later than the Subscriber’s next billing cycle following the determination that a credit is warranted.
F. The Grantee shall establish clear procedure for resolving complaints, involving at least the following elements:
(i) A simple procedure for making complaints orally or in writing, consistent with these standards; and identification of a person responsible for resolving complaints.
(ii) Notice to subscribers that they may file any complaint with the City if not resolved to the Subscriber’s satisfaction after 30 days, and that the City may recommend a resolution.
(iii) Grantee must provide its initial response to a complaint within five days of its receipt and a final written response to any unresolved complaint (other than a complaint about the carriage or the lack of carriage of a particular programming service or about the content of a programming service or about the level of any unregulated rate) within 30 days of the date the complaint is made.
G. The Grantee or any Subscriber may ask the City to interpret any part of the standards set in this section and the interpretation, unless unreasonable, shall bind the Grantee and the Subscriber in the resolution of any complaint.
8.5 Definitions: For purposes of this Section, the following definitions shall apply:
A. Normal Business Hours - The term “Normal Business Hours” means those hours during which most similar businesses in the community are open to serve Subscribers. In all cases, “Normal Business Hours” shall include some evening hours at least one night per week and/or some weekend hours. The Grantee will notify its Subscribers and the Franchising Authority of its Normal Business Hours.
B. Normal Operating conditions - The term “Normal Operating Conditions” means those service conditions which are within the control of the Grantee. Those conditions which are not within the control of the Grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the Grantee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the Cable System.
C. Service Interruption - The term “service interruption” means the loss of picture or sound on one or more channels.
8.6 Common Carrier Limitation - Grantee shall not be required to provide any service if the provision of such service subjects Grantee to regulation by any governmental agency such as a utility or common carrier.
8. 7 Agreement Not Limiting Court Enforcement - Nothing in this agreement shall limit the rights of Subscriber to initiate a court action to enforce these standards. Nor shall this paragraph be interpreted to limit the rights of the City to enforce these standards.
SECTION IX. EDUCATIONAL AND GOVERNMENTAL ACCESS CHANNEL
9.1 The Grantee shall provide one specially designed, non-commercial public, educational and governmental access channel within said 50-plus channels, equipped to accept base-band AM modulated video signals and FM modulated audio signals only. For signal origination purposes, the Grantee shall provide capability for two-way signal transmission between its head-end equipment and the Anderson County Jr./Sr. High School, Garnett Elementary Center, Irving Primary Center, Anderson County Courthouse and the Garnett City Hall. Such channel will be made available after completion of system upgrade.
SECTION X. INDEMNIFICATION
10.1 Grantee shall fully indemnify, defend and hold harmless the City, its officers, boards, commissions, elected officials, agents, attorneys, representatives, servants and employees against any and all costs, damages, expenses, claims, suits, actions, liabilities and judgments for damages, including but not limited to, attorney fees and costs, whether suit be brought or not, and disbursements and liabilities incurred or assumed by the City, to the extent that such disbursements and liabilities required by Grantee or its insurance company or attorneys in connection with:
(i) damages to persons or property, in any way arising out of or through the acts or omissions of Grantee, its respective servants, officials, agents, attorneys, representatives or employees or to which Grantee’s negligence or that of their respective servants, agents, officials, attorneys, representatives or employees shall in any contribute;
(ii) requests for relief arising out of any claim for Grantee’ s invasion of the right of privacy; for Grantee’s defamation of any person, firm or corporation; for Grantee’s violation or infringement of any copyright, trademark, trade name, service mark or patent; or
(iii) Any and all third party claims arising out of Grantee’s failure to comply with the provisions of this franchise or any federal, state or local law, ordinance or regulation applicable to Grantee or the Cable System.
10.2 If suit be brought or threatened against City, either independently or jointly with Grantee, or with any other person or municipality, Grantee shall defend City at the cost of Grantee pursuant to Section 10.1. If final judgment of suit is obtained against City, either independently or jointly with Grantee or any other defendants, Grantee shall indemnify City and promptly pay such judgment with all costs and satisfy and discharge the same.
10.3 Nothing in this agreement shall be deemed or construed to constitute a waiver by the City of any right or privilege to immunity that it may enjoy under the Kansas Tort Claims Act or under any other legislation or ruling of any court covering itself, the Governing Body, and other agents, officials, servants, attorneys, representatives or employees of the City.
10.4 All rights of City pursuant to indemnification, insurance, letter of credit or performance bond(s), as provided.by this section, are in addition to all other nights the City may have under this franchise or any other lawful statute, ordinance, rule or regulation.
10.5 The City’s exercise of or failure to exercise any rights pursuant to any section of this ordinance shall not affect in any way the right of City subsequently to exercise any such rights or any other right under any other ordinance, rule, regulation or law.
(09-10-1996)