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04-16-1984 Regular MeetingApril 2, 1984 - Continued Jim Tolleson reminded everyone of the Department Head meeting tomorrow morning at 10:00 a.m. Announcements: Next council meeting April 16, 1984• With no further business, meeting adjourned at 9:01 p.m. April 16, 1984 The regular scheduled meeting of Mayor and Council was held April 16, 1984 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor Arthur T. Bacon. All Council members were present. Also present was City Attor- ney Charles E. Camp, City Clerk Willouise Spivey, Police Chief R. E. Little, Acting Fire Chief Hubert Cochran, Assistant Public Works Director Vic Broyles, Parks & Recreation Director Sherry Reavis, Assistant City Clerk Melinda Hiatt, Building Inspector Larry Dunn, Civil Defense Director Jim Farley, Librarian Doris Morris, and representatives of the press. Mayor Bacon expressed his appreciation to everyone for their cards, prayers and, thoughts during his recent hospitalization. Invocation was given by Kathy Brooks, followed by the pledge to the flag. Citizens Reports: Eddie Vonic stated the Optimist Club was selling Vidalia onions again this year and asked for everyone's support in this worthwhile fund raising project. Jim Tolleson said he had talked with Marguerite Little today concerning her annex- ation, zoning and variance requests and made a motion these items be tabled to the next meeting. Max Bacon seconded the motion which carried 7-0. Commercial Building Permits: Commercial building permits were presented by Inspector Larry Dunn, and upon his recommendation the following approved: (1) Crow, Childress & Mobley requested a permit for construction of a one story office/service center building at 1900 Lake Park Drive at a total estimated cost of $915,000. Max Bacon made a°motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Jack Shinall seconded the motion which carried 7-0. (2) Crow, Childress & Mobley requested a permit for construction of a two story office building at 1950 Lake Park Drive, at a total estimated cost of $1,720,000. Jim Tolleson made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Max Bacon seconded the motion which carried 7-0. (3) Post Properties requested a permit for. construction of The Gardens of Post Village at 2087 Lake Park Drive at a total estimated cost of $11,000,000. Jim Tol- leson made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Jack Shinall seconded the motion which carried 7-0. (4) Scroll Fabric, 'Inc. requested a building permit for construction in Highlands Park at a total estimated cost of $715,000. James Williams made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Jack Shinall seconded the motion which carried 7-0. (5) Cardinal Industries requested a permit for construction of a Knights Inn at 5230 South Cobb Drive at a total estimated cost of $920,000. Hugh Ragan made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. James Williams seconded the motion which carried 7-0. (6) Charles J. Jones requested a permit for a sales office for Mill Pond Village at 3800 South Cobb Drive at a total estimated cost of $60,000. Hugh Ragan made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Kathy Brooks seconded the motion which carried 7-0. April 16, 1984 - Continued (7) Halpern Enterprises requested a permit for an addition to Belmont Hills Shopping Center at 1020 Cherokee Road at a total estimated cost of $575,000. Jack Shinall y �I made a motion the permit be approved subject to approval of the City Engineer and / Fire Marshal. Max Bacon seconded the motion which carried 7-0. (8) Fouts Brothers requested a permit for construction of a new building at 2158 Atlanta Street at a total estimated cost of $50,000. Kathy Brooks made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. James Williams seconded the motion which carried 7-0. (9) Henry Scott requested a permit for construction of a metal building at 270 Pat Mell Road at a total estimated cost of $28,000. Kathy Brooks made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Jim Hawkins seconded the motion which carried 7-0. (10) Shoney's at 3817 South Cobb Drive requested a building permit for an addition at a total estimated cost of $26,000. Jim Hawkins made a motion the permit be approv- ed subject to approval of the City Engineer and Fire Marshal. Jack Shinall seconded the motion which carried 7-0.� Ridgeview Institute: Mayor Bacon read the following statement concerning the offer by Ridgeview Institute, to purchase the City's interest in the hospital. In 1975, Ridgeview Institute, a non-profit psychiatric hospital, was constructed ` on South Cobb Drive in Smyrna, through funds obtained by a tax exempt bond offering. Although the City was not a party to the bond offering and had no obligations in it, the then Mayor and Council encouraged Ridgeview to locate here for the benefits to the City. Since then,- Ridgeview has obtained a national •reputation for abuse treatment of adolescents and professionals. The non-profit corporation which owned and operates the hospital, in 1982 to re- finance the bonds, donated and gave legal title to the City subject to a 30 year lease' and agreed to pay a- minimum of $35,000.00 per year lease payments. To induce the City to accept this windfall, they then paid the City $500,000.00 cash. Presently, the hospital employs approximately 360 employees and is the largest em- ployer in the City of Smyrna. Over the past several years the nonprofit corporation has made voluntary annual donations to Smyrna charities amounting to approximately $14,000.00 each year. Ridgeview has continued to contribute to the reputation of the City, as well as financially. Ridgeview has 28 years remaining on its lease and wishes to purchase the legal title presently owned by the City of Smyrna. Based on an appraisal prepared by an MAI specializing in hospital appraisals, which has been reviewed by an independent ap- praiser and two financial advisors, the nonprofit corporation has offered to purchase the legal title, subject to the existing bond indebtedness of $8,100,000.00, for $2,070,000.00 cash at closing. This price is about $250,000.00 above the value given by the appraisers. I recommend the City Council accept the offer of Ridgeview Institute to purchase the City's interest subject to the bond indebtedness, for a cash purchase price of $2,070,000.00. I further recommend the bidding process be waived if such waiver is possible in the opinion of the Attorney General of the State of Georgia and/or the Attorney for the City of Smyrna. Jim Tolleson made a motion the proposal be accepted, seconded by Jim Hawkins. Jack Shinall said it was his opinion that they would surplus the property tonight and place on the market for the bid process. Mayor Bacon said we have written the Attor- ney General for a ruling on waiving the bid process and if we cannot, then we will go through the bid process. Further, we have conducted a sewer study and it is es- timated that it will cost $4 million to bring our sewer system up to standards, which the State expects us to make immediate improvements on. The interest rate to issue bonds to finance this project is 9 to 10% and will cost about one-half million dollars a year to pay back. Mayor Bacon said he also felt this would necessi- tate a tax increase. Jack Shinall said it was his understanding there were two proposals to be considered tonight. One a cash proposal and the other, cash plus an estimated payout over the next 20 years. Attorney Camp said the terms of the sale did not have to be determined tonight. Also, he is not sure if the bid process can be waived and for that reason has asked April 16, 1984 - Continued for a ruling from the Attorney General. Mr. Camp said if council decided to surplus the property. tonight, they cqul-q m.a[ke,b,ids in two alternatives; cash now and balance in terms, or all cash. Jack Shinall said the City did secure financial advisors on this proposal and both` openly stated that this is a good price for the property; his argument is which proposal should be accepted. After further discussion, the motion and second were withdrawn. Jim Tolleson then made a motion the property be declared surplus and the City agree to enter into a contract with Ridgeview, or request bids if we are required to do so. Jim Hawkins seconded the motion which carried 7-0. Mayor Bacon called for a 5 minute recess. The meeting was reconvened by Mayor Protem Jim Tolleson. Community Development Block Grant: Jim Tolleson read a list of projects to be com- pleted under the 1984-85 Community Development Block Grant program, totaling $152,533. Jack Shinall made a motion the project list be approved. James Williams seconded the motion which carried 6-0. Jim Hawkins said he had received a request for approval of radar on Concord Road west of Havilon Way; Campbell Road from the bridge to Spring Road; South Cobb Drive t' to Ridge Road; and Ridge Road near Cedar Ridge. Chief Little said the State must approve all roads for use of radar. Jim Hawkins made a motion that Chief Little ~ be authorized to contact the State concerning radar use on these roads with their recommendation back to council. Max Bacon seconded the motion. Chief Little also said the State would study the speed limits and determine if they should be in- creased. Vote on the motion carried 6-0. Bid Award: Jack Shinall made a motion that Coxwell Tractor be awarded the bid for the rotary mower for Parks and Recreation, being the low bidder at $1,088.93• Max Bacon seconded the motion to award the bid, to be paid from Revenue Sharing. Vote on the motion carried 6-0. Clean City Committee: James Williams made a motion that Rhonda Morris be appointed to the Clean City Committee representing Ward 3. Max Bacon seconded the motion which carried 6-0. Charter Amendment: Jim Hawkins said at the last meeting he made an errant statement that the Police Department had held a news conference concerning the Civil Service Charter amendment. He found out later that was not the case, and he wanted to apolo- gize. Jim Hawkins said an ad was placed in the newspaper advising council's inten- tions of changing the Charter concerning Civil Service laws. After meeting with the Civil Service Board and the committee, he asked the City Attorney to draw changes that might be considered. Jim said the original draft was much stronger than he anticipated and it is the general consensus that council consider Section 77-9, the second option. Basically, there were two options; one to remove heads of Police and Fire from authority of Civil Service and the other that council take the final hiring process and put into the hands of the City Council. The second option would still leave the Chiefs under protection of Civil Service law. If approved, they would submit the names of everyone applying for the position and council would deter- mine the most qualified person. Jim Hawkins read the proposed;amendment,as follows: Section 3: By deleting present Section 77(9) (a) in its entirety and substituting in lieu thereof a new Section 77(9) (a), (b) and (c) as follows: Section 77(9) Department Head. __�\v (a) The chief of the police department, chief of the fire department and all other department heads under Civil Service shall be subject to and serve under the provi- sions of the Civil Service act of the City of Smyrna after completion of the twelve -� (12) month probationary period, except in the manner of filling a vacancy for such position which shall be conducted as provided in this section. (b) In the event a vacancy shall occur in the office of chief of the fire depart- ment, chief of the dolice department, or the head of any other department under Civil Service in the City of Smyrna, Mayor and Council may appoint an acting chief or department head who shall hold such office until the chief or department head is appointed as herein provided. April 16, 1984 - Continued (c) In the event a vacancy.shall occur in the office of chief of the fire department or chief of the police department, or head of any other department under Civil Ser- vice in the City of Smyrna, the Civil Service Board shall accept and review all applications for such office, test and interview all applicants in accordance with the procedures established for filling other vacancies and thereafter submit to Mayor and Council the names, test results, and applications of all qualified eligible applicants, with all recommendations, comments, findings and minutes of the Civil Service Board as relates to each applicant; thereafter Mayor and Council may select such applicant deemed best qualified to fill such positions or request additional applications be taken by the Civil Service Board. Section 4: By deleting present Section 77(14) in its entirety and substituting in lieu thereof a new Section 77(14) as follows: Section 77(14). Minutes and Records of Board Business. Said Civil Service Board shall keep minutes of their meetings and records of all business transacted by them at each and every meeting. All such minutes and records shall be on file in the office of the Clerk of the Mayor and Council of the City of Smyrna. The Clerk of the Board, or his designee, shall attend all meetings of said Civil Service Board and shall keep the minutes and records of same. Jim Hawkins said the second amendment means the test results will be on file with the Clerk but are not open to public inspection. f Jim Tolleson stated the Charter now says a qualified applicant must be 21 years of age, a U.S. citizen and be of good moral character, but does not spell out the qualifications. The operating rules of the CivillService Board states the qualifica- tions will be set by the Board with approval of Mayor and Council. Jim Tolleson said this means the Civil Service Board and Mayor and Council will agree on the standards for qualifications. Several people from the audience spoke in opposition to the amendments and expressed their concern that it would put politics back into the selection of Chiefs. Attorney Camp re-emphasized that the Civil Service Board will set the standards for hiring. The council does not set minimum requirements, and will not in the future. After further discussion, Jim Tolleson said a vote will probably be made the last meeting in May. Ed McVeigh requested approval for use of a construction trailer for Spring Road Shopping Center at 1820 Spring Road. Max Bacon made a motion the permit be approved for one year. Jack Shinall seconded the motion which carried 6-0. Glen S. Valenta requested approval for use of a construction trailer at Ridgeview Hospital. Max Bacon made a motion the permit be approved for one year. James Williams seconded the motion which carried 6-0. James Williams made a motion the one hour parking signs on the west side of Atlanta Road be removed and replaced with "no parking" signs, from Sunset Avenue to Concord Road. James said the parking is creating a safety hazard and also the vehicles park- ing on sidewalks are breaking the covers of water meters. Jim Hawkins seconded the motion which carried 6-0. North Smyrna Park: Jack Shinall said we have received several letters from the Department of Interior concerning the 77 acres donated to the City in 1976. There are certain requirements that must be met and we are in jeopardy of losing the prop- erty if we do not meet certain deadlines. Jack asked everyone to review the informa- tion given and they would meet on April 23rd to reach a decision on proceeding with the development, if we retain the acreage. Committee Reports: (Sanitation) Max Bacon said that May is clean up month and the City will have special trash pickups every weekend. Additional dumpsters will be placed at City Hall, Ward Park, Jonquil Park and the Sanitation Office on Smyrna Hill Drive for the month of May. (Public Safety) Jim Hawkins said an engine had blown in one of our fire trucks, a 1967 pumper, and we are getting estimates on having it repaired. Jim Hawkins said at the last meeting, they discussed the high accident rate on Con- cord Road at Havilon Way. As a result, they have formed a citizens committee to study the intersection and make recommendations to Mayor and Council. Jim said that Pete Wood, Phagan Durham and Sgt. Ferguson of our Police Department had agreed to April 16, 1984 - Continued serve on the committee and make written recommendations. (Parks) Sherry Reavis reminded everyone of upcoming events in the Parks Department. (Library) Doris Morris reported on library activities. Kathy Brooks said there was an accident on Cherokee Road at Burbank Circle this week which they felt was caused from a bush blocking the view of both drivers. Kathy said the bush had been removed by the owner at our request. Hugh Ragan thanked Jim Hawkins for setting up his committee to study the speeding problem we have in the City. Hugh Ragan made a motion the rules be suspended. Jim Hawkins seconded the motion which carried 6-0. Hugh Ragan said we had received a letter from Struck Construction Company requesting approval of a construction trailer at Highlands Park. Hugh made a motion the permit be approved for one year. Jack Shinall seconded the motion which carried 6-0. Announcements: Next council meeting May_7, 1984. With no further business, meeting adjourned at 8:45 p.m. ARTHUR T. BACON, MAYOR HUGH RA N, WARD 7 WILLOUISE C. SPIVEY, TY CLE MAX BACON, WARD 2 /AMESM. HAWKINS, WARD 4 �KA T Y BRO S, WARD 6 An Ordinance Granting a Franchise to Cable Holdings of Georgia's Inc. a C mn—aty Antenna Television Company its Successors and Assigns, to Operate and Maintain a Con unzity Antenna Television System in the City; Setting Forth Conditions Accompanying the Grant of Franchise; Providing for City Regulation and Use of the Cocmumity Antenna Television System; and PrescribirV.,, Penalties for Violation of the Franchise Provisions. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF S14MIA: SECTION 24-10. Short Title. This Ordinance shall be known and may be cited as the "Smyrna Community Antenna Television Company Franchise Ordinance." SECTION 24-11. Definitions. For the purposes of this Ordinance, the following terms, phrases, wards, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (1) "City" is the City of Smyrna. (2) "Council" is the Mayor and Council of the City of Smyrna. (3) "Camnmity antenna television system," hereinafter referred to as "CATV System" or "system," means a system of coaxial cables or other electrical conductors and equipment used'or to be used primarily to receive television or radio signals directly or indirectly off -the - air and transmit them to subscribers for a fee. (4) "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. (5) "Grantee" is Cable Holdings of Georgia, Inc. or ariyone who succeeds Grantee in accordance with the provisions of,this Franchise. (6) "Basic Service" consists of those signal's which the Federal Communications Commission requires the CATV System serving the City of Smyrna, Georgia to carry and deliver to its subscribers'as of the date of this Franchise. SECTION 24-12. Grant of Nonexclusive Aucharity. (a) There is hereby granted by the City to the Grantee the right and privilege to construct, erect, operate and maintain, in, upon, r..»�+-�W�Mw.a�w.'••.hfi�sw.�lwawww•��+�. ,� ._..dew.......».�.��i4'.r.-.....��v�.�.�bi.�.-+..tom_-. i ��.w�..,...��d , a.��..�-.�.s•iR>u. ..dM�._tit�._..._�+.—s....e._.. .....s.... I along, accross, above, over and inkier the streets, alleys, public ways, bridges, highways, right of way, and public places now,laid,out'.or dedicated, and all extensions therof, and additions thereto, in the City, poles, wires, cables, underground conduits, manholes, and other television conductors and fixtures necessary far the maintefnre Md' operation in the City of a CATV system for the interception, sale and, distribution of television and radio signals. (b) The right to use and occupy said streets, alleys., public, ways and places for the purposes herein set forth shall not.be exculsive, and the City reserves the right to grant a similar use of said streets, alleys, public ways and places, to any person at any time during the period of this Franchise. SECTION 24-13 . Compliance with Applicable' Laws and' Ordisces . The grantee shall,. at all times during the life of this. Franchise,; be. subject to all Lawful exercise of the police power by the City and to, such reasonable regulation in furtherance thereof as the.City shall hereafter provided SECTION.24-14. Territorial Area Involved. This Fra ch ;se.' relates to the present territorial limits of the City and to any area.:. henceforth added thereto during the term of this Franchise. , SECTION 24-15. Conditions on Street Oceuparicy: (a) All transmissions and distribution st7ucttwes, lames;. and' equipment erected by the Grantee within the City 'shall be so• located,.As to cause mininum interference with the proper use ok- streets, alleys.;' and other public ways and places, and to cause, miniftn interference ?4t ki „ the rights and reasonable convenience of property owner's who join,any oi the said streets, alleys or other public ways and places. Re-mova-lCof such poles to avoid unreasonable interference. shall be done promptly upon receiving request from the City, at Grantee's.expense, 4 (b) In case of disturbance_ by Grantee _of_ any street', sidera�.k, alley, public way, or paved area, the Grantee'shall, at its..own cos.t,.and- expen.se and . i.n a nr mer approved by the City, -'replace, and. restore such - 'street, sidewalk, alley public way, or paved area as good a condition as before the work involving such disturbance was done. wa (c) If at any time during the period of this Franchise the City shall lawfully elect to alter or change the grade of any street, sidewalk, alley, or other public way, the Grantee, upon reasonable notice by the City, shall remove, relay, and relocate its poles., wires, cables, underground conduits, manholes, and other fixtures at its own �ZAIAOIZJG (d) Any poles or other fixture placed in any public way by the licensee shall be placed in such manner as not to interfere with the usual travel on such public way. (e) The Grantee shall, on the request of any person holding a building moving permit issued by the City, temporarily raise oa' lower. its wires to permit the moving of buildings. The expense of such tenpdrary removal or raising or lowering of wires shall be paid by the person requesting the same, and the Grantee shall have the authority to: require such payment in advance. The Grantee shall be given not less than forty-eight (48) hours advance notice to arrange for such. temporary wire changes. (f) The Grantee shall have the authority to trim trees O on and overhanging streets, alleys, sidewalks, and public ways avid places` of the City so as to prevent the branches of such trees fran..coming.in ' contact with the wires and cables of the grantee, except that at,the option of the City, such trimnLng may be done by it or under- jts.,Aupetvsonl. and direction at the expense of the Grantee. (g) In all sections of the City where the cables, w1urba.'or., other like facilities of public utilities are placed underground"" -the Grantee shall place its cables, wires or other like facilities-1midergrou d to the maximum extent that existing technology reasonably permits_ the Grantee to do so, without unreasonable expenditure due, to the ba,ture. said. topography of the location. (h) There is hereby granted the further non-exc1:usive.rl.JV1ht,, privilege, and authority to Grantee, as defined herein;.to lease; '"'rent, or in any other manner obtain the use of towers, poles, lines, cables, and otter equipment, and facilities from any and all holders of public licenses and franchises within the corporate limits of the City of z o Smyrna, including but not limited to the Southern Bell Telephone Company, and the Georgia Power Company, and to use such towers, poles, lines, R cable and other equipment facilities, subject to all existing and future Ordinances and regulations of the City. The poles used by Grantee's Distribution System shall be those erected and maintained by existing public utility systems, when and where practicable, providing mutually satisfactory agreements can be entered into with said companies. Such contracts for the use of poles shall specify that they are non-exclusive, and Grantee shall make copies of such contracts available for public inspection upon request. (i) Construction and maintenance of the transmission `di'stiibution system shall be in accordance with the provisions of the National Electrical Safety Code, prepared by the National Bureau of Standards, the Na.t.oiial Electrical Code of the knerican Insurance Association, and such applicable Ordinances and regulations of the City of Smyrna affecting electrical installations generally, which may be presently in effect, or changed by future ordinances after an installation, provided that any changes in the above specified' Ordinances and regulations shall affect only `those installations made after such changes. Q) All installations of equipment shall be of permanent. nature, durable and installed in accordance with good engin,eeri g practices," and of sufficient height to comply with all existing City reOL4ion Ordinances, and State laws so as not to interfere.in any warmer with the' right of the public or individual property owner, and shall. not interfere with the travel and use of public places by the public and during the construction, repair, or removal thereof, shall not unnecessarily obstruct' or impede traffic. Further, said construction shall be subfecvto inspection by by the City Council or its representative-, (k) In the event that a change is made in the grade, widt -or location of public streets, alleys, avenues, and grounds by auth6rity- ,of the City, which shall necessitate the removal of any poles, wires-, transmission and distribution lines to conform to the change of grade, Grantee atoll mko the necessary changes in their lines, at their own expense, upon due notice from the City of Snryrna.. ,.r:.a,...s-.4a...._:•.a,: - ...w.,.,ro.e.�......�...�...,n�:..,....rb.........._....�.u•..w�_..._s:.....`.:.s.....,.L._�,..f�..`......:.,.w.�..L_.—...,�n � ---_._.c.._ - —d,._ . ..•..wv.:awsw.s..ea:.ir:xf.:s ..,..�...... �rr..++r+..�t_.. -- (1) In the maintenance and operation of their television transmission and distribution system in the streets, alleys, and other public places, and in the course of any new construction or addition to their facilities, Grantee 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 Grantee in the course of their operations shall be made only after having obtained prior permission from the City to do so, and shall be guarded and protected at all times by the placement of adequeate barriers, fences, or boardings, the bounds of which, during periods of dusk and darkness, shall be clearly desiginated by warning lights. (m) All,work in any way necessitated by the business -of. Grantee which may involve the opening, breaking -up or tearing up of'a portion of a street, sidewalk, or other part of any City -owned or City - controlled property, shall be done and repaired in a manner approved'by the City of Smyrna, which approval shall not be unreasonably idthheld. Grantee shall save the City harmless against all loss or damage to any person or property caused by the construction, laying, maintenancemor operation of any of its lines or other undertakings under the authority of this Ordinance. Nothing herein shall be construed as a requirement that the City of Smyrna conduct an excavation or repair on behalf of or as agents for Grantee. k (n) Grantee shall, at their expense, protect, -support, teti�orari.ly disconnect, relocate on the same street, alley or public place; or. r remove from the street, alley or public place, any property of Grantee when required by the City by reason of traffic conditions, public safety; street vacation, freeway and bridge construction, chanige' or establishTvnts of street grade, installation of sewers, drains, waterpipes, power. lines, signal lines, and tracks or any other types of structures or impravements by governmental agencies when acting in a governmental or'' proprietary capacity., or other structures of public improvement'; provided, however, that Grantee shall in all such cases have the privileges and be- subject to the obligations to abandon any property of Grantee in place as provided in Section 24-30(f) hereof. (o) The Grantee shall at its cost and expense, af'all°times during the term of this franchise, in a good workmanlike manner, install -5- L and maintain adequate shielding, filtering and grounding at affected installations within the CATV system, to prevent interference with television reception through outdoor television antennas of ncm=subscfibers in accordance with Federal Comnmications Commission regulations. SECTION 24-16. Liability and Indemnification. (a) The Grantee shall pay and by its acceptance of this Franchise the Grantee specifically agrees that it will pay all damages. and penalties which the City may legally be required to pay as,a result of granting this Franchise. These damages or penalties shall include, but shall not be limited to, damages arising out of the copyright iifringements and all other damages arising out of the installation; operation, or maintenance of the CATV system authorized herein, whether or not.any act or omission complained of is authorized, allowed, or prohibitAd by tljs: Franchise. (b) The Grantee shall pay and by its acceptance of this. Franchise specifically agrees that it will pay all expenses incurred.by the City in defending itself with regard to all damages -and penalties mentioned in subsection -(a) above. These expenses shall izClude-all' out-of-pocket expenses, such as attorney fees, and'shali also°.include- the reasonable value of any services rendered,by the City Attorney pt , his assistants or any employees of the City. (c) The Grantee shall maintain, and by its acceptance of ths- Franchise specifically agrees that it will maintainthroughout_the terms-. of this Franchise liability insurance insuring -the City and',"the'Crantee.-� with regard to all damages mentioned in subparagraph% (a) above, iti •the , . minimum amounts of: (1) $100, 000. 00 for bodily injury'or .death to ..any one pers n"'. within the limit, however, of $300,000.00 for bodilylxijury-of death resulting from any one accident. _ (2) $100,,000.00 for property damage, ,result,4% fto any ,one accident. ' (3) $300,000.00 for the ;nfringementi of copyrights, and (4) $300,000.00 for all other types of liability. •�_ - w�.l+4r.��..wr.����.r.e_..�.....�......�..-._.�.-....4.,L..sow..M+.K�.-�.�...�..w.�...�...a�+e.�+�✓w.r�.A _— _ —�.�. iY�w.�n�. �..iii •.r..�.�...�.��... ..+........, (d) Grantee shall carry insurance in the above -described,, amounts to protect the parties hereto from and against all claims.) demands, actions, judgments, costs, expenses, and liabilities,whi,ch may arise or result directly or indirectly, from or by reason of such loss, Injury or damage. Grantee shall also carry such insurance as they deem. necessary to protect them from all claims under the Workaw 's:Compensation laws in effect that may be applicable to Grantee. Said policy. or policies of insurance, or a certificate of insurance with respect thereto shall be deposited with and kept on file by the City Clerk of the City of Smyrna, Georgia.. a SEMON 24-17. Emergency Use of Facilities, In the case.of: . any emergency ar disaster, the Grantee shall, upon request of the'Citjr Council, make available its facilities to the City for emergency use: during the emergency or disaster period. Grantee further agrees to. -, assist, whenever practical and reasonable, in the installation and operation of emergency use equipment for the City, provided the sage shall not cause uereasonable expense or loss of service by Grantee'.: SECTIM 24718. Other Business Activities.,' " (a) Neither the Grantee hereunder nor any shareholder of the Grantee shall engage, -in the business of selling, repairing, or dnstallis _ television receivers', radio receivers, or accessories except converters, discramblers and similar devices for such receivers within the City',of Smyrna during the term of this Franchise and the Grantee shall not allow any of its shareholders to so engage in any such business. (b) This Franchise authorizes only the` operation•_ of a CAW, system as provided for herein, and does not 'take the place of,`ar&,othdr"_. " franchise, license, or permit which might be tequired by`l.aw of the, Grantee. i. SECTION 24=19. New Developments. It shall be the -policy of* the City liberally ,to amend this Franchise, upon applioatiari.of the"' Grantee, when necessary to enable the Grantee to take advantage of any x. developments in the field of transmission of television and .radio .signals. 'which will afford it an opportunity more effectively, efficiently; '"or economically to serve its customers. Provided, however, that this Section shall not be construed to require the City to make "arty andmen_t or to prohibit it from unilaterally changing its policy stated herein._ -7- 21 shall: SECTION 24-20. Signal Quality Requirements. The Grantee (1) Produce a picture, whether in black and wbite.or-in. color, that is undistorted, free from ghost images and accompaniedtwith, proper sound on typical standard production TV sets in good repair, and` as good as the state of the art allows; (2) Transmit signals of adequate strength to produce good, pictures with good sound at all outlets without causing cross -modulation, in the cables or interfering with other electrical or electronic systems; (3) Limit failures to a mi ni m nn by locating and correcting malfunctions as promptly as is reasonably possible and shall endeavor;;to limit said period to no longer than thirty-six (36) hours after notice; (4) Demonstrate by instrLmtients and otherwise to subscribers: that a signal of adequate strength and quality is being delivered; whm reasonably requested.,. (5) Deliver signals in color which are received by Grantee in color. (6) Maintain or install all band equipfkr pas sing,entire'Vlt and FM spectrum and capable of converting UHF for distribution -on the . VHF band. (7) Maintain the system and equipment on a 24-ham per day' continuous operation. `. SECTION 24-21.. Operation . and Maintenance -of System:= (a) The Grantee shall render efficientjserviee; make; re�' s. promptly, and interrupt service only for.good cause'and for-the,sbortest time possible. Such interruptions insofar As. 'possible shall fie' preceded by notice and shall occur during periods of mixiinum use ,of; -tbe �'systikn. ` (b) The, Grantee shall maintain an.office. in the City, whic' shall be open during all usual business hours, have a listed to phrne, i 'and be so operated that complaints and requests=for repairs on adjvstments t� .may be received at,any.time. SECTION 24-22. Carriage of Signals. The Grantee shall receive and distribute �at a minimum, television signals which are disseadnated to the general public within the-City°without charge by broadcasting stations licensed by the Federal Communications Commission. All FCC regulations,shall.be: complied with regarding the carriage of the programming of any existing M. or future television broadcasting station which covers the City of Smyrna in its principal broadcasting area. SECTION 24-23. Forfeiture of Franchise. (a) In addition to all other rights and powers pertaining to the City by virtue -of this Franchise or otherwise, the City reserves -the right to terminate and cancel this Franchise and all rights and privileges of the Grantee hereunder in the event that the Grantee: (1) Violates any provision of this Franchise in'any material respect or any rule, order, or determination of the City or City Councils' made pursuant to this Franchise, except where such violation, ot'ner than of Section 24r-35 or subsection (2) below, is without fault or -through, excusable neglect; F (2) Becomes declared insolvent, or is adjudged a`bank upt; or. a judgement creditor takes possession for more than 30 days. (3) Except a permitted herein, or in the ordix=7 -cause of . operation of this Franchise, disposes of any of the facilities -or property` i of its CATV business in the City; without consent of the City- (4) Practices any fraud and deceit upon the City;- or (b) Such termination and cancellation shall be by ordinance,_ duly adopted after 30 days notice to the Grantee and shall• in. no' way.; a affect any of the City's rights under this Franchise or any provision,of law. Provided, however, that before this Franchise may be'.termnatea, . and cancelled under this Section, the Grantee must,be Provided 'with a4, opportunity to be heard before the City Council. Such hearing; sha1I. be:. } upon 10 days notice in writing to Grantee And upon,be:arinj, and determination by the City Council, Grantee shall have 30. ys to cure-tbe'defect°or:- ` such longer period as shall be deemed reasonable -arid warra' tad by ibe• x facts in the determination by the City, SECTION 24-24.. City's Right of IntervenGtion., The - Grantee agrees not to oppose antervezition by the City in any suit or _proceeding this Franchise' to which the Grantee' is a party'. SE=OIN 24-25 Further Agreement and waiver,by-Grantee. The - to Mbi& by all provisions of this. ftanchise. , Wa .,_,�...�..�..w_ — _� s..++. w.n.�.......-..I... _.. ..r.�_._.ws_--^--_ xY...,_,.s.�a�,•..---r-._.-e-_.- �.�.�..+..�.wr�..-..�......... ..�...�..+14-•4.v..a.. SECTION 24>-26. Duration and Acceptance of Franrhhi.se. (a) This Franchise and the rights, priviliges_,,arid,authority 5 , Y hereby granted shall take effect and be in force from and after final ! passage hereof, as provided by law, and shall continue in farce and effect for a term of 25 years, provided that within 30 days after the date of the passage of this ordinance the Grantee shall file with the City Clerk its unconditional acceptance of this Franchise and•promise to,: couply with and abide by all its provisions, terms, and conditions. Such acceptance and promise shall be in writing duly executed anal'swor% to, by or on behalf of the Grantee before a notary public or other officer authorized by law to administer oaths. (b) Should the Grantee fail to comply with subsection,.(a), above, it shall acquire no rights, privileges, or authority under this' Franchise whatever.. SECT ON 24-27 , Service to Schools. The Grantee. will furr:&i§h, , without any installation or connection charge, and without any mcmthly fee or service charge, -the outside hookup of the anterma system to All Public schools op& -aced by the Board of Public Education 'that are nova- or hereafter located within the City of Smyrna, if at � any `time, the Grantee's` CATV distribution cable is located in and is providing service'to.residential customers in an area .that is within 200 feet, of • any such- public, scbobl ", at any time during the existence of this Franchise. - SECTION 24-28. Change of Control of Gra�itee Prior-. ,approrra7. • r which approval shall not be unreasonably withheld,, of .the :Gity�Cordcic; .. r shall be required where ownership or control of more than'49l of th?e ; right of control of Grantee is acquired by a' person or group. of p6isOns-= acting in concert, rune of whom already own of control 297. or., tnore:.Ofl ; t such right of control, singularly or collectively. By,-i:ts .accep*ce, Of, ' this Franchise the Grantee specifically grants and agrees that any, such acquisition occurring without such prior approval. of the City Council shall constitute a.violation of this Franchise by the Grantee. SECTIQT 24-29, Filings and C=amications,,with Regulatory A8 41a6. of all ;non routine petitions, ' applications and cbmnzr cations - i 4 L—..-.maiea.hLM�..Yti3iY!a�aino-'&wu•awriwwi.'.L+u.L:�?a.+Gawi�•i4w-4i6YYk5Ha�Yla.W�.2AJ.k•..s..'-.....�Ce3`: iKius+u�`�i.".'as '- s.rr._?A�.o.v'...'C.A_..+S+�.a..�"l:.,e•::.u��i,1i..�i�SrarlS..�T.'•.:«:..<a•..-...':...r..�.�.r.. '�.. '4' submitted by the Grantee to the Federal C.omtremications Commission; Securities and Exchange Commission, or any other federal or state regulatory commission or agency having jurisdiction in respect to any•matter affecting, CATV operations authorized pursuant to this Franchise,,shall also be submitted simultaneously to the City Council. SECTION 24-30. City Rights in Franchise. a 'J (a) The right is hereby reserved to the City or the City „ Council to adopt, in addition to the provisions contained herein an4 in existing applicable ordinances, such additional regulations as it -shall find necessary in the' exercise of the police pawner; provided •that. such regulations, by ordinances or otherwise, sball-be reasonable�and not in conflict with the .rights herein granted. (b) The City shall have the right to inspect the books', records, maps, plans, and other like materials of Grantee related to the CATV System at any., time during normal business,hours (c) The City shall have the right, during rhe' life, of tha q" Franchise to install. and maintain free of charge'upon.the .poles of,;•the Grantee any wire andpole fixtures necessary for an emergditcy, def. nse, - fire or police alarm system, on the condition; that such wixe and' pole, fixtures do not interfere with the CAN operations of tyre Grantee',..andd,- provided there is,adequate space on the pole. (d) The City shall have the right to make such,., irispectichs as r "' it shall find necessary to insure ccnplance with, th?,..terms: of this Franchise and other pertinent provisions of law. (e) At- the expiration of the term -for wtii.ch this Francase is , granted, or upon its:termination and cancellation, as provided.for herein, the City shall have the right.: to require the Grantee -to %reMdv'e• �. at its own expense, all portions of the CAW systein from all pi;�bli:c' ways -within the City. (f) In the event the use of any part of the. system shall. ` cease for a period oftwelve (12) months, the system shall be did abandoned. In such event, or upon termination,. the lines shale _ be, ,! .. ' _ �d �� t��."���1�.'E3 t� ` orsh�,'ja ��,f ".t:�"i�.'• �ar€ri?'�z=1-'ST Wit• p�:a`.eft' , 9 s 1.1 revert to the'City and Grantee shall submit to, the City an, instrument -11- for approval and acceptance by the City, transferring to the City ownership ' of such property. (g) After the eerriation of the term for which this Franchise is granted, or after its termination and cancellation,`°as provided.for herein, the City shall have the right to determine whether the Grantee shall continue to operate and maintain the CATV systbm pending,, the decision of the City as to the future maintenance and operatonxof such - system. SEC ION,.24-31. Transfer of Ownership or Security Interests. No sale, assignment or transfer of the rights hereunder .shall be made without the prior written consent which will not be &weasonably withheld of the City, expressed by resolution. Any proposed puirchaser transferee or assignee must show reasonable financial responsibility and` reasonable technical expertise to the satisfaction of the, -City , Any such purchase transfer or assignment shall be subject to the terms of this Franchise and such other provisions or req irements'.as the City shall -deem appropriate and necessary. t Provided h%kver, Grantee may obtain financing with respect'to the City of Etyma C42V system and therefore pledge' or transfer by Security Deed, U.C.C. financing statement or transfer or, a.ss%nt_of. such rights to an affiliate or subsidiary of Grantee, or'.other iistnxnent to secure debt of the system assets or stock of.Grantee ui.thout,written� consent by the City, provided: (a) Mna aggment and control, in full, of the'systen shA1 , remain in Grantee or under Grantee's control at all times, and (b) ',The term of the debt shall ilot ,increase...the texm of she Franchise as, herein defined,. without other* ac?tiori ty ahe City. 4'(c) In the event of foreclosure or othdr action:by such•LeftdQr, " 4 whereby actual, mmWement and control of the _system shall be forfeit; the Lender, assigp e , 'or transferree, ,sha11 show' r finsmial responsibility to the reasonable satifaction,of.r the, Catty and shall comply with and be botmd by the terms. of this ,ordin& ce . -12- �.:..�. �_mrrr:.n+.k.�._�...ww.�: �.r.. ..Y+r. .. �..-•.,'�_.._.n, �.��.�.... �.r.�a.•.+ti�.... �- . .. a• r __ �.._ �....�. �. r ...�(t..• _ � �.w...._�.�r�ti...s�l.a...�.r_.w..�>s.a�i..a. __ _ .__.� • r SECTION 24-32. Maps, .Plats and Reports. (a) The Grantee shall file with the City Clerk true and accurate maps or plats of all existing and proposed installations. (b) The Grantee shall file annually with the City Clerk not later than sixty (60) days after the end of the Grantee's fiscal year, a statement of its gross receipts applicable to its operations in the City during the preceding fiscal period, devoted to CATV operations. These reports shall be prepared or approved by a certified public accountant and there shall be submitted along with them such other reasonable information as the City Council shall request with respect to the Grantee's CATV operations within the city. (c) The Grantee shall keep on file with the City Clerk a current list of its shareholders and lender to whom more than 30% of this Franchise has been pledged. SECTION 24-33. Payment to the City. The Grantee shall pay to the City annually an amount equal to three (3%) percent of the armual gross operating revenues taken in and received by it on all retail sales of television signals within the City during the Grantee's fiscal year, for the use of the streets and other facilities of the City in the operation of the CATV system and for the municipal supervision thereof• This payment shall be in addition to any other tax or payment oWnei to the City by the Grantee. Gross receipts shall not -include installation - charges, reconnections or sales taxes imposed by the United States,of America, State of Georgia or City of Smyrna. The Franchise fee shall be, paid to the City within sixty (60) days after the close of the fiscal year which is June 30, as of the date of this agreement• For the fiscal year, ending June 30, 1984 the period shall be from January 1, 1984 to June 30, 1984. SECTION 24-34. Number of Charnels. The Grantee's cable distribution system shall be capable of carrying at least 25 television charnels. Further, the Grantee shall make available upon the request of the City Council one channel for educational TV and one channel for any other non-commercial service for the benefit of the inhabitants of the City. SECTION 24-35. Rates. (a) The rates and charges for Basic Service distributed hereunder shall be fair and reasonable, and shall be competative with the rates charged by similar Franchise holders in the multi -county metro Atlanta area. (b) The City Council shall have the power, authority, and right to cause the Grantee's Basic Service rates and charges to conform to the provisions of subsection (a) hereof. (c) However, no action shall be taken by the City Council with respect to the Grantee's rates under this Section until the Grantee has been given reasonable notice thereof and an opportunity to be heard by the Council with regard thereto. (d) If in the future, the State of Georgia or any Federal Agency regulates the rates of the Grantee for the service provided for in this Franchise, this Section shall be of no effect during such state or federal regulation to the extent of any conflict therekth. (e) Grantee, by acceptance hereof, hereby waives any rights to any advance payments of Franchise fees which may have been made prior to the date hereof. SECTION 24-36. Subscriber Refund on Termination o£'Service. If any subscriber of the Grantee of less than six month teiTLnates service because of the Grantee's failure to render services to•such subscriber of a type and quality provided for herein, or if service to•a"-,. subscriber of less than six months is terminated without good cause. or; because the Grantee ceases to operate the CATV business authorized' herein for any reason, except expiration of this Franchise, the Grantee• shall refund to such subscriber an amount equal to the initial tap -in: and connection charges paid by him divided by 12 and multiplied by;'a number equal to 12 minus the number of months the subscriber has been -on+ the system. SECTION 24-37. Publication Costs. The Grantee shall assume the cost of publication of this Franchise 014, 04t: n in Wired by law and such is payable upon the Grantee's filing of acceptance of this Franchise. -14- :,...�,m+w-.i.«-.....,.,,..:,...nu..a......::...�_w.,...:«.-.�.......«-�m...,...bw,.�>rr.�c:�.. ,. ...�• .«..; ,. r -K.. � .�-._•+ :w w...._l.�_....,c;�.r�,• • 4 SEMON 24-38. Separability. If any section, subsection, sentence, clause, phrase, or portion or this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. SECTION 24-39. Ordinances Repealed. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. ;.