HomeMy WebLinkAboutORD 5999 KNOLOGY
Augusta Richmond GA
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BOX NUMBER: 0-\
FILE NUMBER: \'3-\ 5l.9
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AUGUSTA-RICHMOND COUNTY COMMISSION
LEE BEARD
Mayor Pro Tern
February 17, 1998
-""ULMER BRIOOES
~RRY BRIGHAM
HENRY H, BRIGHAM
FREDDIE 1.. HANDY
Wll..UAM B. KUHLKE, JR.
WM, "WILliE" H, MAYS, III
1. B, POWELL
STEPHEN E, SHEPARD
MOSES TODD
LARRY E. SCONYERS
Mayor
ROOM 801 MUNICIPAL BLDG. (11)
AUGUSTA, GEORGIA 30911
Bus. (706) 821-2488
Fax No. (706) 722-5984
CHARLES R. OUVER, P E, CPA
Administrator
Ms. Lena Bonner
Clerk, Commission
8th Floor, City-County Bldg.
Augusta, GA 30911
JAMES B, WALL
Anomey
Reply 10:
P,O, BOX 2125
Augusta, GA, 30903
RE: Ordinance No. 5999
Knology Holdings, Inc.
Dear Lena:
'I enclose herewith an acceptance of the Franchise
Agreement by Knology Holdings, Inc. Please attach this to the
Ordinance in your official records.
Thanking you and with best personal regards, I am
Yours very truly,
~v
James B. Walll~
JBWjsjp
Enclosure
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CABLE TV - TELEPHONE - INTERNn
KNOLOGY
v
.~-' Tbtf:,Media' Company"
March 9, 1998
The Honorable Larry E. Sconyers
Mayor
Municipal Building, Room 806
530 Greene Street
Augusta, GA 30911
Dear Mayor Sconyers:
KNOLOGY of Metro Augusta and the Metro Augusta and Columbia County Chambers of Commerce
would like to extend a special invitation to our Groundbreaking Ceremony at 3633 Wheeler Road and the
reception afterwards at the Augusta Sheraton Hotel on Wednesday, March 25,1998 from 11-1 p.m, We are
extremely excited about our opportunity to serve the Metro Augusta area and become a strong member of
the community. This groundbreaking is a good first step towards building a relationship with the
Community leaders and we look forward to the opportunity to visit.
KNOLOGY of Metro Augusta will be providing competitive and enhanced Cable TV, Telephone, and
high-speed Internet access all over one fiber rich network. We will focus on delivering exceptional quality
and excellent customer service.
I look forward to seeing you at the Groundbreaking as well as developing a long and lasting partnership
with Metro Augusta.
Sincerely,
~!-t.~~
Bill Morrow
CEO & President
KNOLOGY Holdings, Inc.
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'KNOLOG'Y HOLD I NGS I NC
TEL:706 645 14~6
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MEDIA RELEASE
FOR IMMEDIATE RELEASE
March 25, 1998
Contact: Taylor Nipper
(706) 645-3901
tnipper@knoloJ!v,com
KNOLOGY SET TO BREAK GROUND MARCH 25, 1998
KNOLOGY Builds New Home in Augusta. GA
Augusta, GA- KNOLOGY will break ground today at our new bome on Wheeler Road in
Augusta, Georgia. KNOLOGY is building a state-of-the-art broadband network that will
deliver a bundle of communication services including cable television, local and long
distance telephone service and higb speed Internet access in tbe Augusta. Columbia and
the Richmond County area,
The Groundbreaking Ceremony is expected to begin today at 11 :00 AM and then a
Groundbreaking Reception will follow at tbe Sheraton Augusta Hotel. Augusta's Mayor
Larry Sconyers will be on hand along with KNOLOGY's CEO and President, Bill
Morrow.
UKNO~GY is pleased to present a wide array of enhanced communication services to
the Metro Augusta, Columbia ana Richmond County coliununities, KNOLOOY is unique
in mat we ,offer a "bundle" of services, so customers can save money and enjoy the
convenience of doing business with only one company for all of their communication
needs" says Morrow.
KNOLOGY will provide over 150 channels of cable programming (including both
analog and digital service). Internet ~cess at speeds up to 20 times faster than dial up
service and competitive local and long distance telephone service.
Pricing of the analog cable TV serVices will be similar to existing cable companies;
however, KNOLOGY customers will receive more channels and enhanced quality
delivered through the advanced state-of-the-art hybrid fiber-coaxial network.
OLOTEL, KNOLOGY's telepbone service. includes local service with featUres like voice
mail, caller ID, and call waiting, KNO~Y adds to the value by a1~o offering an easily
UIlderstood and simply priced long distance service.
OLOBAHN, KNOLOGY's high speed Internet service is delivered by the same network
and will be available to homes and businesses without the use of a phone line or need 10
dial up. OLOBAHN provides a continuous connection to the Internet at speeds up to 20
.
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TEL: 706 645 1446 .. p, 003
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}\~AR..~r9';9,8\ITHU,l 09,:19 \ 'KNOLOG'Y HOLDINGS INC
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times faster, than traditional dial up providers. Customers who take the full "bundle" of
voice, video, and data can save up to 20-30% on their communication monthly expenses.
"We are excited about KNOLOGY providing a new choice in communications for
Augusta. They are also builtling a suong network that will assist in economic
development activities and create a lot of new jobs for the area," says Augusta Mayor,
Larry Sconyers.
KNOLOGY Holdings, Inc.- The Media Company, based in West Point, Georgia owns
and opercues broadband communication companies in the Southeast. KNOLOGY is part
of the ITC group of companies which include powerrel, ITC^ DelraCom, Mindlipring
Enterprises, Inc., and InterstateJValley Telephone. Call Taylor Nipper, Director of
Marketing, at (706) 645,..3901 for more information about the benefits of fiber optic
technology Or the other services provided by KNOLOGY of Metro Augusta.
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FRANCHISE GRANTED
KNOLOGY HOLDINGS, INC.
by
AUGUSTA, GEORGIA
on
January 20, 1998
The undersigned hereby unconditionally accepts the
within franchise (No. 5999) and agrees to comply
with and abide by all its provisions, terms and conditions,
effective as of January 20, 1998.
KNOLOGY HOLDINGS, INC.
By: WXl.Cr. .~
Title: C.W ~ 11-
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ORDINANCE NO. sf lJ9
AN ORDINANCE GRANTING A FRANCHISE TO KNOLOGY
HOLDINGS, INC., AUTHORIZING IT TO INSTALL,
MAINTAIN AND OPERATE A SYSTEM FOR THE
TRANSMISSION OF AUDIO, VOICE, DATA AND/OR VIDEO
SIGNALS OVER, ACROSS AND UNDER PUBLIC STREETS
AND RIGHTS OF WAY IN AUGUSTA, GEORGIA UNDER
CERTAIN CONDITIONS AND RESTRICTIONS; TO REPEAL
CONFLICTING ORDINANCES; AND FOR OTHER
PURPOSES.
THE AUGUSTA-RICHMOND COUNTY COMMISSION HEREBY ORDAINS:
Section 1.
Definitions.
For the purpose of this Ordinance, the following terms, phrases, words and their
derivations shall have the meanings given herein unless more specifically defined within other
sections of this ordinance. When not inconsistent with the content, words used in the present
tense include the future tense, and words in the single number include the plural number. The
word "shall" is always mandatory and not merely directory.
(a) "Augusta" means the City of Augusta, Georgia (which includes all of
Richmond County, Georgia), a political subdivision of the State of Georgia,
(b) "CATV System" means a community antenna television system and related
cable or fiber optic networks for transmission of audio and/or video signals by cable or other
means and such related services as Grantee may choose to provide in connection with cable
television services.
(c) "Commission" means the Augusta-Richmond County Commission.
(d) "Franchise" is the authorization, and any renewal thereof, issued by the
Commission, as franchising authority, whether such authorization is designated as a franchise,
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permit, license, resolution, contract, certificate, agreement or otherwise, for Grantee to
construct, install and operate the System in the public streets, alleys, roads, and rights of way
identified in said Franchise.
(e) "Grantee" is Knology Holdings, Inc., and its permitted successors and
assIgns.
(t) "Gross Revenues" shall mean (1) revenues collected by Grantee from
subscribers for cable television services provided in Augusta, and (2) monthly recurring revenues
from subscribers for local telephone services provided in Augusta, in each case excluding (i)
penalty or other fees received for late payments or cancelled checks, (ii) revenues received from
advertising, (iii) taxes, fees, assessments or similar charges collected by the Grantee on behalf
of any governmental agency (including without limitation the franchise fees collected pursuant
to Section 2), (iv) installation, connection, disconnection or other non-recurring fees charged to
subscribers, (v) all revenues from equipment sold, leased or rented to subscribers upon
subscribers' premises; (vi) all toll and long distance revenues (whether Interlata, Intralata or
international) and (vii) all revenues related to Internet content.
(g) "Person" is any person, firm, partnership, trust, joint stock company,
association, corporation, company, governmental entity or organization of any kind.
(h) "Rights of Way" shall mean all present and future streets within the
limits of Augusta.
(i) "Street" shall mean the entire width between the boundary lines of every
highway, alley, street, avenue, bridge, viaduct, tunnel, and causeway in Augusta, dedicated or
devoted to public use.
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0) "System" shall mean, collectively, the CA TV System and the
Telecommunications System.
(k) "Telecommunications System" shall mean a system and network which
provides voice and data communications, including without limitation local exchange telephone
services, toll and long distance services (whether Interlata, Intralata or international), data
services (including Internet-related services) and operator services.
Section 2.
Consideration.
The grant of the right, privilege and franchise under this Ordinance has been
determined to be in the best interest of the citizens of Augusta and shall be in accordance with
the terms and conditions set forth herein. The Grantee shall annually pay to Augusta a fee of
three percent (3 %) of Gross Revenues as defined in this Agreement. Said annual fee shall, for
each year of the term of this Franchise, be paid quarterly with each quarterly payment becoming
due within forty-five (45) days of the end of each of the months of March, June, September and
December hereafter. Within 60 days of the end of each December, the Grantee shall also file
a statement executed by Grantee's chief executive officer which shall certify the amount of the
Gross Revenues and the Franchise fee for the previous calendar year. All Franchise payments
or fees provided herein and the statement referred to above shall be considered delinquent if not
delivered to Augusta within ten (10) days of the due date as specified herein and shall be subject
to penalty at the rate of one and one-half percent (1-1/2%) of all amounts due per calendar
month or any portion thereof in which the payment of such amount remains delinquent. In the
event any such delinquent fees are collected through the services of an attorney, Grantee shall
pay, in addition thereto, all costs of collection including reasonable attorney's fees.
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Notwithstanding the foregoing, the Grantee agrees that (a) with respect to the CATV System,
it will agree to increase the franchise fees for cable television services (up to any applicable legal
limits) if the Commission takes action to increase the franchise fees for the other CATV
companies who use the Streets and Rights of Way of Augusta and (b) with respect to its
Telecommunications System, it will agree to modify the basis upon which franchise fees for
telecommunications services are determined if the Commission takes action to modify the basis
upon which the franchise fees for the other local exchange carriers in Augusta are determined.
Section 3.
Grant of Authority and Term.
(a) Grant of Authority.
(1) There is hereby granted, subject to the terms and conditions of this
Franchise, to Grantee the nonexclusive right and privilege to have, own, acquire, construct,
expand, reconstruct, maintain, repair, use and operate the System in, along, across, on, over,
through, above and under the Streets and Rights of Way of Augusta.
(2) Except as otherwise provided herein, this Ordinance is granted to
Grantee solely for the purpose of directly serving its end-user customers.
(3) This Ordinance does not require Grantee to provide ubiquitous
service throughout all of Augusta as a public service provider. Notwithstanding the foregoing,
the Grantee agrees that, within ten years of the date of the grant of this Franchise, it will deploy
its System in such a manner that it is capable of providing service to at least 85 % of the
residents of Augusta.
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(4) Nothing herein contained shall ever be held or construed to confer
upon Grantee, its successors and/or assigns, exclusive rights or privileges of any nature
whatsoever.
(b) Term. This Franchise is granted for an initial term of fifteen (15) years
from and after the date this Ordinance is adopted by the Commission. The original term of this
Franchise shall be automatically extended for successive additional five-year periods unless one
of the parties hereto shall give nine (9) months' written notice to the other party of its intention
not to extend this Franchise (or any extension thereof) on these terms and conditions.
Notwithstanding such notice, the City and Grantee agree to renegotiate in good faith changes
proposed by either party which would apply to a renewal or extension of this Franchise so as
to insure continuity of service to the public.
Section 4.
Conditions of Use,
(a) Prior to beginning any work in any public streets or rights of way, the
Grantee shall obtain from the Augusta-Richmond County Engineering Department, the Augusta-
Richmond County License & Inspection Department and the Augusta-Richmond County Trees
and Landscape Department any permits which may be required by Augusta or any other
governing authority for the construction and operation of the System. The Grantee shall not
unnecessarily obstruct or impair traffic upon any street, road or other public way of Augusta and
shall comply with all of the Commission's rules and regulations designed to prevent damage to
trees and shrubbery on or adjacent to such public streets or rights of way which may be caused
by installation and operation of the System. Upon making an opening in any public way, street,
sidewalk or road as authorized by this Franchise for the purpose of laying, constructing,
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repairing and/or maintaining the System and any related facilities or equipment, the Grantee
shall, without unnecessary delay, replace and restore same to its former condition as nearly as
possible, and in full compliance with the provisions of Augusta's policies, rules, regulations
and/or ordinances. The Grantee shall re-sod disturbed grassed areas and replace all excavated
areas to their original or better condition in order to minimize the disruption of public property.
(b) The Grantee shall provide safe passageway for pedestrians and vehicles
through, in and around the work site areas. The Grantee shall meet all local and State
requirements for traffic control and notify Augusta at least 24 hours prior to the commencement
of work or the accessing of Augusta conduit, except in cases of emergency.
(c) In all sections of Augusta where the cables, wires or other like facilities
of public utilities are placed underground, Grantee shall place its cable, wires or other like
facilities underground to the maximum extent that existing technology reasonably permits
Grantee to do so.
(d) The Grantee shall file with Augusta-Richmond County Engineering
Department true and correct as-built maps or plats of all existing and proposed cable plant
construction and the types of equipment and facilities installed or constructed, properly identified
and described as to the type of equipment and facility by appropriate symbols and marks and
which shall include annotations of all public ways, streets, road and conduits where the work
is to be undertaken. Maps shall be drawn in a scale and in such detail so as to allow proper
review and interpretation by the Engineering Department and the Trees and Landscape
Department, and the same will be filed with Augusta not less than ten (10) working days before
any excavation or cable plant construction commences.
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(e) If, at any time during the period of this Franchise, Augusta shall lawfully
elect to vacate, relocate, abandon, alter, reconstruct or change the grade of any street, sidewalk,
alley or other public way including any related drainage and utility areas, the Grantee, upon
reasonable notice from Augusta, shall remove, relay and relocate its wires, cables and other
fIxtures and equipment at its own expense and within reasonable time schedules established by
Augusta. Should Grantee refuse or fail to remove its equipment or plant as provided for herein
within 45 days after written notification, Augusta shall have the right to do such work or cause
it to be done and the full cost thereof shall be chargeable to the Grantee, or in the alternative,
to consider such failure by the Grantee to remove its equipment or plant as abandonment of all
ownership rights in said property.
(f) Grantee shall maintain an office within the present limits of Augusta.
Grantee shall always keep and maintain Augusta-specific books, records, contracts, accounts,
documents and papers for its operation in this office. Additionally, all as-built maps, plats,
records, inventories and books of the Grantee, insofar as they show values and location of
existing property, shall be kept and maintained in said office and preserved for use, if necessary,
in connection with any future valuation of the property of the Grantee. In lieu of physical
custody of the forgoing records in Grantee's Augusta office, Grantee may hold the records in
a corporate office located elsewhere, provided that any and all records which may be requested
by employees or agents of Augusta shall be delivered to Grantee's Augusta office and made
available to the requester within five (5) business days from the date requested. For the
purposes of this Section, the date requested shall be the date a written request is delivered to the
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Grantee's Augusta office, and unaltered photocopies of requested documents may be delivered
in lieu of original records.
(g) Grantee shall keep Augusta fully informed as to all material matters in
connection with or affecting the construction, reconstruction, removal, maintenance, operation
and repair of the System, Grantee's accounting methods and procedures in connection therewith
and the recording and reporting by Grantee of all revenues and uncollectible accounts.
(h) Grantee shall keep complete and accurate books of account and records of
its business and operations, pursuant to this Franchise Ordinance in accordance with generally
accepted accounting principles. If required by the FCC, Grantee shall use the system of
accounts and the forms of books, accounts, records, and memoranda prescribed by appropriate
FCC regulations, and as may be further described herein. The Commission may require the
keeping of additional records or accounts which are reasonably necessary for purposes of
identifying, accounting for and reporting Gross Revenues and uncollectible accounts for purposes
determining the annual fees to be paid by Grantee pursuant to this Agreement. Grantee shaH
keep its books of accounts and records in such a way that breakdowns of revenues are available
by type of service within Augusta.
(i) Grantee shall report to the Commission such other information relating to
the Grantee as the Commission may consider useful and shall comply with the Commission's
determination of forms for reports, the time for reports, the frequency with which any reports
are to be made, and if reports are to be made under oath.
(j) Grantee shall provide the Commission with access at reasonable times and
for reasonable purposes, to examine, audit, review, and/or obtain copies of the papers, books,
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accounts, documents, maps, plans and other records of Grantee pertaining to this Franchise
Ordinance. Grantee shall fully cooperate in making available its records and otherwise assisting
in these activities.
(k) The Commission may at any time make inquiries pertaining to Grantee's
operation of the System within Augusta. Grantee shall respond to such inquiries on a timely
basis.
(1) Grantee shall, upon request, provide the Commission with copies of notices
of all petitions, applications, communications and reports submitted by Grantee to the FCC,
Securities and Exchange Commissions and the Georgia Public Service Commission or their
successor agencies, relating to any matters affecting the use of Augusta's Streets and Rights of
Way and/or the System authorized pursuant to this Franchise ordinance.
(m) Upon termination by any Subscriber of the Grantee's services, Grantee
shall comply with all applicable state and federal laws and regulations regarding the -removal of
its facilities and equipment from the premises of said Subscriber upon said Subscriber's request.
(n) Charges for services offered to the public by Grantee shall comply with
all applicable state and federal laws and regulations regarding subscriber rates, Grantee shall
provide notice to the Commission prior to any rate, change, and shall maintain on file with said
,
Commission a schedule of the current rates and. fees charged for its services offered to the
public.
(0) Grantee shall install and maintain its wires, cables, fixtures and other
equipment in accordance with the requirements of all applicable Augusta codes, ordinances and
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regulations, and in such a manner that they will not interfere with any existing installations of
Augusta or the operation of a public utility serving Augusta.
(p) All structures and all lines, equipment and connections in, over, under and
upon the Streets, sidewalks, alleys and public ways or places of Augusta, wherever situated or
located, shall at all times be kept and maintained in a safe and suitable condition, and in good
order and repair.
(q) No poles or other wire-holding structures shall be erected by Grantee
without prior written approval of the Augusta-Richmond County Engineering Department with
regard to location, height, type and other pertinent considerations. Any poles and wire-holding
structures of Grantee erected pursuant to this subsection shall be moved or modified by Grantee
at its sole expense, upon reasonable notice, whenever the Engineering Department has
determined that the public convenience would be enhanced thereby.
Section 5,
Safety Requirements.
(a) The Grantee shall at all times employ ordinary care and shall install and
maintain in use commonly accepted methods and devices for preventing failures and accidents
which are likely to cause damage or injury to the public or to constitute a nuisance. Grantee
shall install such equipment and employ such personnel to maintain its facilities so as to assure
efficient service, and shall have the equipment and personnel necessary to make repairs
promptly. Grantee shall interrupt service only for good cause and for the shortest time possible.
(b) The Grantee shall install and maintain the System in accordance with the
requirements of applicable building codes and regulations of Augusta and the statutes and
regulations of appropriate Federal and State agen~ies, including but not limited to the Federal
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Communications Commission and the U.S. Army Corps of Engineers, which may now be in
effect or enacted, and in such a manner that will not interfere with any installations of Augusta
or the operation of any public utility serving Augusta.
(c) The System, wherever situated, or located, shall at all times be kept and
maintained in a safe, operating condition and in good order and repair.
Section 6.
Liability and Indemnification.
(a) By acceptance of this Franchise and right, Grantee agrees that it shall
indemnify, protect and hold forever harmless Augusta, its elected officials, officers, agents,
representatives and employees, and their successors, legal representatives and assigns, from any
and all claims, liabilities, losses, costs, judgments, penalties, damages and expenses (including
reasonable attorney's fees and expenses of litigation incurred in the defense of any such claim),
arising out of or relating to the installation, operation or maintenance by the Grantee of the
System, or the Grantee's failure to perform any of the obligations of this Franchise, including
but not limited to claims for injury or death to any person or persons, or damages to any
property, as may be incurred by or asserted against Augusta, its elected officials, officers,
agents, representatives and/or employees, directly or indirectly, by reason of the installation,
operation or maintenance by the Grantee of the System within Augusta.
(b)
The Grantee shall pay, and, by acceptance of this Franchise, the Grantee
I
specifically agrees that it will pay all damages and penalties which Augusta may legally be
required to pay as a result of copyright infringe~ents by Grantee and all other damages or
penalties arising from Grantee's installation, operation or maintenance of the System authorized
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herein, whether or not any act or omission complained of is authorized, allowed or prohibited
by this Franchise.
(c) The Grantee shall pay, and by its acceptance of this Franchise, specifically
agrees that it will pay, all expenses incurred by Augusta in defending itself with regard to all
damages and penalties mentioned in subsection (b) above. These expenses shall include all out-
of-pocket expenses, including reasonable attorneys fees and expenses of litigation.
(d) The Grantee shall maintain, and by its acceptance of this Franchise,
specifically agrees that it will provide throughout the term of this Franchise, workers
compensation insurance in such amounts of coverage as required by the State of Georgia and
liability insurance coverage with regard to all damages mentioned in subsections (a) and (b)
above in the following minimum amounts, whichever is greater:
(1) General Liability Insurance - public liability including premises,
products and completed operations.
(a) Bodily injury liability $1,000,000 each person $2,000,000 each
occurrence
(b) Property damage Liability $1,000,000 each occurrence,
(c) Or, in lieu of (a) and (b) above, bodily injury and property damage
$2,000,000 combined single limit.
(2) Comprehensive - Automobile Liability Insurance including owned,
non-owned and hired vehicles.
(a) Bodily injury liability $1,000,000 each person $2,000,000 each
occurrence
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(b)
Property damage liability $1,000,000 each occurrence,
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(c) Or, in lieu of (a) and (b) above, bodily injury and property damage
$2,000,000 combined single limit.
(e) Grantee agrees that all insurance contracts providing any of the above
required coverage will be issued by one or more insurance carriers duly licensed to do business
in the State of Georgia.
(f) Grantee shall furnish the Commission at least annually (and at such other
times as may be reasonably required by the Commission) a certificate from the insurance
carrieres) providing such insurance coverage certifying that such coverage is in full force and
effect. Such certificates shall be in such form as is approved by the Commission.
Section 7.
City Rights in Franchise.
(a) The Grantee shall at all times comply with all reasonable requirements,
regulations, laws and ordinances now in force, and which may hereafter be adopted by the
Commission and be applicable to the construction; repair or maintenance of the System or use
of Augusta-owned conduit.
(b) The following events shall constitute an "Event of Default" under this
Franchise:
(1) Grantee breaches any ,material covenant set forth in this Franchise;
(2) Grantee becomes insolvent, unable or unwilling to pay its legal
debts, or is adjudged a bankrupt;
(3)
Grantee practices any fraud or deceit upon Augusta; or
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(4) Grantee fails to begin construction of the System within one
hundred eighty (180) days from the date this Franchise Ordinance is adopted by the Commission
and to continue such construction without unreasonable delay or interruption until completed.
Augusta's right to terminate this Franchise may be exercised only after delivery of a
written notice of an Event of Default to Grantee and a 60 day period for Grantee to cure such
Event of Default, except for any Event of Default involving the payment of Franchise Fees or
failing to provide any insurance, coverage required hereunder in which event said 60 day period
shall be reduced to five (5) business days. Notwithstanding the foregoing, this Franchise shall
not be terminated (i) unless Grantee has had the opportunity to present its case before a meeting
of the Commission and (ii) Grantee is given a reasonable period of time (not to be less than sixty
(60) days) to transition toward the termination of the Franchise and, at its option, to seek a
purchaser for the System. '
(c) The right is hereby reserved to Augusta to adopt, in addition to the
provisions contained herein and in existing applicable ordinances, such additional regulations of
general application to all similarly situated Franchises as it shall find necessary in the exercise
of its police power; provided, that such regulations, by ordinance or otherwise, shall be
reasonable and not in conflict with the rights herein granted.
(d) At the Commission's request, Grantee shall provide the Augusta
government with the use of fiber cap~city for the transmission of data for non-commercial
governmental purposes, at a fifty percent (50%) discount off of the retail rate for similar services
(but in no event shall such prices be less than the Grantee's cost). The Grantee agrees that it
will make available to Augusta one channel for non-commercial governmental or educational
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programming provided by Augusta, at no charge to Augusta. The Grantee shall have the right,
from time to time, to use any unused time on such channel.
(e) Augusta shall have the right during the term of this Franchise to install and
maintain, free of charge, upon the poles which are owned by Grantee and which are used in the
System, any wire or pole fixtures necessary for its police alarm system, on the condition that
such wire and pole fixtures do not interfere with the operations of Grantee.
(f) Augusta shall have the right, when the Commission in its sole discretion
finds it necessary or appropriate, to hold a public hearing with regard to this Franchise, and
Grantee shall make representatives available to attend any such hearing.
Section 8.
Acceptance.
This Franchise and the rights, privileges and authority hereby granted, shall take
effect and be in force from and after enactment of this Ordinance and execution by the Mayor
and Clerk of Commission, provided that within 15 days after the date of the enactment of this
Ordinance, the Grantee shall fIle with the person specified in Section 10 herein its unconditional
acceptance of this Franchise, which acceptance shall include its agreement to comply with and
abide by all its provisions, terms and conditions. Such acceptance and agreement shall be in
writing, duly executed by or on behalf of the Grantee and accompanied by an insurance
certificate as specified in Section 6 unless these documents or evidence thereof have been
previously filed with the Clerk of Commission.
Section 9.
Transfer of Title.
(a) The Grantee shall not transfer this Franchise to another person without
prior written approval of Augusta, provided that such approval will not be unreasonably withheld
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or delayed and further provided that this Franchise may be transferred, without such approval,
to an affiliate of Grantee or to a purchaser or successor of all or substantially all of the assets
of the System, if such purchaser or successor agrees in writing to be bound by the terms and
conditions of this Franchise, This provision shall not be construed as requiring Augusta's
approval of secured financing arrangements.
(b) The Grantee, without the advance written consent of Augusta (which
consent shall not be unreasonably withheld or delayed), shall not lease any of the Rights of Way,
the System, plant, facilities or conduit space it uses in connection with the System to any non-
affiliated person or entity,
Section 10. Notice.
For the purpose of giving notice as provided for in this Ordinance, the Grantee's
address is declared to be:
Knology Holdings, Inc.
312 West 8th Street
West Point, GA 31833
Attention: President
Augusta's address shall be:
Augusta-Richmond County Commission
Eighth Floor, Municipal Bldg. (I 1)
530 Greene Street
Augusta, Georgia 30911
Attention: Charles R. Oliver, Administrator
Unless Augusta is notified in writing to the contrary, the placing of notices in the
United States Mail addressed to the Grantee as set forth above by registered or certified mail,
return receipt requested, shall constitute compliance with the provisions of this Section.
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Section 11. Severability.
If any section, subsection, sentence, clause, phrase or portion of this Ordinance
is for any reason held invalid, unenforceable or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, independent, and severable
provision and such holding shall not affect the validity of the remaining portions hereof.
Section 12. Controlling Law
This Franchise shall be interpreted and construed in accordance with the laws of
the State of Georgia.
Section 13 . Venue
All claims, disputes and other matters in question between the Grantee and
Augusta arising out of or relating to the Agreement, or the breach thereof, shall be decided in
the Superior Court of Richmond County, Georgia. The Grantee, by executing this Agreement,
specifically consents to venue in Richmond County, Georgia and waives any right to contest the
venue in the Superior Court of Richmond County, Georgia.
Section 14. Repealer.
All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed.
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APPROVED th~'day of h" ~r' 199
, 1998. 1/
day
of
A~TE T:~
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Clerk . "
1st Reading 1-6-98
2nd Reading 1-20-98
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AUGUSTA-RICHMOND COUNTY COMMISSION
BOB YOUNG
Mayor
STAFF A lTORNEYS
VANESSA FLOURNOY
SPARTICUS HEYWARD
LEE BEARD
TOMMY BOYLES
l.IL~IER BRIDGES
ANDY CIIEEK
BOnDY G, HANKERSON
WILLIAM B, KlJlILKE, JR,
WM, "WILLIE" I,t MAYS, III
STEPIIEN E. SIIEPARD
MARION WILLIAMS
JAM ES B. WALL
CITY ATTORNEY
AUGUSTA LAW DEPARTMENT
RICIIARD L. COLCLOllGII
Mayor Pro Tem
GEORGE R. KOL8
Administrator
MEMORANDUM
Please Reply to:
1',0, Box 2125
Augusta, CiA 30903
(706) 821-2488
Fax (706) 722-5984
jwall@co,ricllmond,ga,us
TO
Betty
FROM
Jim Wall
DATE
July 8, 2003
RE
(QL~Q..-~LR 4- Sq q 9
Betty,
Attached is Exhibit "A," which should have been attached to the original of ordinance
#5999. Please attach this to the original in your files.
Thank you.
JBW/sm
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KNOLOGY HOLDINGS, INC. FRANCmSE
Exhibit A
The service area for purposes of Section 3(a)(3) is as follows:
That portion of Richmond County which is bounded to the northwest by the county line;
to the south and southwest by,Highway 520 ("Bobby Jones" Highway); to the east by Doug
Barnard Parkway and Gordon Highway; and to the northeast by the Savannah River.
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