HomeMy WebLinkAboutORD 6003 JONES COMMUNICATION
Augusta Richmond GA
DOCUMENT NAME: 0, \C\~~ -loC03
DOCUMENT TYPE: (J,\ d \ "O-\)c..~
YEAR: C\ ~
BOX NUMBER: D L\
FILE NUMBER: \~~~
NUMBER OF PAGES: c9-1
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JANUARY II), 19'J~
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ORDINANCE NO. t' cJ CJ 3
AN ORDINANCE GRANTING A FRANCHISE TO JONES
COMMUNICATIONS OF GEORGIA/SOUTH CAROLINA, INC.,
AUTHORIZING IT TO INSTALL, MAINTAIN AND OPERATE
A SYSTEM FOR THE TRANSMISSION OF AUDIO, 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.
F or 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 work
"shall" is always mandatory and not merely directory.
(a) "Augusta" means Augusta, Georgia, a political subdivision of the State of
Georgia.
(b) "CATV and Telecommunications System" means a community antenna
television system and related cable or Fiber Optic Network for transmission of audio, data and/or
video signals by cable or other means and such related services as Grantee may choose to provide.
(c) "Fiber Optic Network" shall mean the Grantee's system of cables, wires,
lines, towers, wave guides, optic fiber, microwave, laser beams, and any associated converters,
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equipment, or facilities designed and constructed for the purpose of producing, receiving,
amplifying, or distributing, by audio, video, or other forms of electronic signals to or from
subscribers or locations within Augusta.
(d) "franchise" is the authorization, and any renewal thereof, issued by Augusta
as franchising authori1y, whether such authorization is designated as a franchise, permit, license,
resolution, contract, certificate, agreement or otherwise, for Grantee to construct, install and operate
a CATV and Telecommunications System in the public streets, alleys, roads, and rights of way
identified in said Franchise.
(e) "Grantee" is Jones Communications of Georgia/South Carolina, Inc.
(f) "Gross Revenues" shall mean revenues collected by Grantee from subscribers
for cable television services provided in Augusta, excluding (i) penalty or other fees received for late
payments or canceled 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 and (v) all revenues from
equipment sold, leased or rented to subscribers upon subscribers' premises.
(g) "Rights of way" shall mean all present and future streets within the limits of
Augusta.
(h) "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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(i) "Person" is any person, firm, partnership, trust, joint stock company,
association, corporation, company, governmental entity or organization of any kind.
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 Agreement, be paid quarterly with each quarterly payment becoming
due within 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 sworn statement
executed under oath by the Grantee's independent certified public accountant and by Grantee's chief
executive officer which shall certifY the amount of the Gross Revenues, uncollectible accounts and
the Franchise fee for the previous calendar year. All Franchise payments or fees provided herein
and the sworn 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 reasonable
costs of collection including reasonable attorney's fees. Notwithstanding the foregoing, the Grantee
agrees that 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
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JANUARY 19, 1998
franchise fees for any CATV company who use the Streets of Augusta.
Section 3.
Grant of Authority and Term.
(a) Grant of Authority.
1. There is hereby granted, subject to Augusta's prompt receipt of
monetary and services compensation, to Grantee the nonexclusive right and privilege to have,
acquire, construct, expand, reconstruct, maintain, use and operate in, along, across, on, over,
through, above and under the public Streets of Augusta a CATV and Telecommunications System.
3. This Ordinance is granted to Grantee solely for the purpose of directly
serving its end-user customers.
4. This Ordinance does not require Grantee to provide ubiquitous service
throughout all of Augusta as a public service provider.
5. 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 period of fifteen (15) years
from and after the date this Ordinance is adopted by Augusta. 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.
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Section 4.
Conditions of Use.
(a) Prior to beginning any work in any public streets or rights of way (except in
the case of an emergency), 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 a CATV and
Telecommunications 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 Augusta'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 its CATV and
Telecommunications System. Upon making an opening in any public way, street, sidewalk or road
as authorized by this Fnmchise for the purpose of laying, constructing, repairing and/or maintaining
said CATV 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 grasst:d 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.
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(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, except in the case of an emergency.
(e) [f, 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 <::quipment or plant as abandonment of all ownership rights in said property.
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(t) 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 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, removal, operation and repair of Grantee's CATV and
Telecommunications 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. Augusta may require the keeping of additional records or
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accounts which are reasonably necessary for purposes of identifying, accounting for and reporting
Gross Revenues and wlcollectible accounts for purposes determining the annual fees to be paid by
Grantee pursuant to this agreement. Grantee shall 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 Augusta such other reasonable information relating
to the Grantee as Augusta may consider useful and shall comply with Augusta'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 Augusta with access at reasonable times and for
reasonable purposes, to examine, audit, review, and/or obtain copies of the papers, books, 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) Augusta may at any time make inquiries pertaining to Grantee's operation of
its CATV and Telecommunications System within Augusta. Grantee shall respond to such inquiries
on a timely basis.
(I) Grantee shall, upon request, provide Augusta 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 CATV and
Telecommunications System authorized pursuant to this Franchise ordinance.
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(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 Augusta-Richmond County 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
regulations, and in such a manner that they will not interfere with any existing installations of
Augusta or with any existing operations 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
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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 its CATV and Telecommunications
System in accordance with the requirements of applicable building codes and regulations of
Augusta and the statutes and regulations of appropriate Federal and State agencies, including but
not limited to the Federal 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 with any existing operations of any public utility serving Augusta.
(c) The Grantee's CATV and Telecommunications 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
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all claims of every kind and nature whatsoever, and from 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 Grantee's CATV and Telecommunications 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 Grantee's CATV and Telecommunications System within Augusta.
(b) The Grantee shall pay, and, by acceptance of this Franchise, the Grantee
specifically agrees that it will pay all damages and penalties which Augusta may legally be required
to pay as a result of copyright infringements by Grantee and all other damages and penalties arising
from the installation, operation or maintenance of the CATV and Telecommunications System
authorized 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, unless grantee agrees to assume the
defense of Augusta to such claims or lawsuits. 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,
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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,
(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.
(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.
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(f) Grantee shall furnish Augusta at least annually (and at such other times as
may be reasonably required by Augusta) 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 Augusta.
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 Augusta and
be applicable to the construction, repair or maintenance of said CATV and Telecommunications
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; or
(3) Grantee practices any fraud or deceit upon Augusta.
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)
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Grantee is given a reasonable period oftime (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 CATV and
Telecommunications System.
(d) 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.
(e) All existing cable lines provided to Augusta as of the effective date of this
Ordinance shall continue to be provided to Augusta throughout the term of this Franchise at the
current rates.
(f) '[be Grantee agrees that to provide Augusta a reasonable amount of program
time on one channel for governmental or educational purposes, at no charge to Augusta.
(g) At Augusta's request, Grantee shall provide Augusta with Fiber Optic
Network service from its CATV and Telecommunications System at one-half of the price charged
to private customers, and shall provide Augusta with proof of said discount rate. The Grantee agrees
that it will make available to Augusta one channel on a nonexclusive basis for non-commercial
governmental or educational programming provided by Augusta, at no charge to Augusta. The
Grantee shall have the right to use any unused time on such channel.
(h) Augusta shall have the right during the term of this Franchise to install and
maintain, free of charge, upon the poles owned by said CATV and Telecommunications System, any
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wire or pole fixtures necessary for its police alam1 system, on the condition that such wire and pole
fixtures do not interfere with the operations of Grantee.
(g) Augusta shall have the right, when the Augusta-Richmond County
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, which consent shall not be unreasonably withheld. This provision shall
not be construed as requiring Augusta's approval of secured financing arrangements.
(b) Other than routine fiberglass capacity, the Grantee, without the advance
written consent of Augusta, which consent shall not be unreasonably withheld, shall not lease or sell
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any of the Rights of way, CATV and Telecommunications System, plant, facilities or conduit space
it uses in connection with its CATV and Telecommunications System to any 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:
Jones Communications of Georgia/South Carolina, Inc.
9697 E. Mineral Avenue
Englewood, Colorado 80112
Attention: Legal Department
Augusta's address shall be:
Augusta-Richmond County Commission
Eighth Floor, Municipal Bldg, (11)
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 addn;~ssed to the Grantee as set forth above by registered or certified mail, return
receipt requested, shall constitute compliance with the provisions of this Section.
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
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This Franchise shall be interpreted and construed in accordance with the laws ofthe
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, other than federallaw questions,
shall be decided in the Superior Court of Richmond County, Georgia. The Grantee, by executing
this Agreement, specifically consents to venue in Richmond County as to such claims and waives
any right to contest the venue in the Superior Court of Richmond County, Georgia. All federal law
questions shall be decided in the Superior Court of Richmond County or the U. S. District Court for
the Southern District of Georgia, Augusta Division.
Section 14. Repealer.
All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed.
APPROVED the .2J) day of
of ~eu4--' 1998.
~
, 1998 and the 3- day
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ek
This document approved u
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FRANCHISE GRANTED
JONES COMMUNICATIONS OF GEORGIA/SOUTH CAROLINA, INC.
by
AUGUSTA, GEORGIA
on
February 3, 1998
The terms and conditions of the within
franchise accepted and agreed to on
~~~.cl=\.'1~ ~~1~\1 20, 1998.
I
JONES COMMUNICATIONS OF GEORGIA/SOUTH CAROLINA, INC.
By:~(.l()~
Ruth E. Warren
Ti tIe: Group Vice President/Opeerations
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'OFFICE OF THE ADM IN I S'T.RAJ"0 R'
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CHARLES R, OLIVER, PE CPA, ADMINISTRATOR
ROOM 801 - MUNICIPAL BUILDING
530 GREEN E STREET - AUGUSTA, GA 3091 1
(706) 821-2400 - FAX (706) 821-2819
WALTER S. HORNSBY, III, ASST, ADMINISTRATOR
MEMORANDUM
TO:
MR. JAMES B. WALL, ATTORNEY
MR. CHARLES R. OLIVER, ADMINISTRATOR (j,f-,O
FROM:
SUBJECT:
JONES INTERCABLE
DATE:
MARCH 30, 1998
Enclosed for your reference is a copy of a communication from Jones Intercable
"expressly and um:onditionally accepts the terms and conditions of the Ordinance".
I am transmitting, by copy of this memorandum, the original to the Clerk. of
Commission for safe keeping.
If you have questions, please contact me.
CRO/mrk
Enclosure
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County of Los Angeles
Page 2
October 2, 1997
STATE OF COLORADO
COUNTY OF ARAPAHOE
)
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Subscribed and sworn to before me this 27th day of March, 1998, by Ruth E. Warren,
Group Vice President/Operations of Jones Communications of Georgia/South Carolina, Inc.
UhA e~.~cO~
Notary Public
My corrryssion expires:
it r 3 .cJ OC':J:,)
(N otary
(34527)
_~DI~m El;imla 1111312Ol1O
..~
. . '.". I,' .,. Certificate of Insurance
'TH:>:3 CERTIFICATE IS ISSUED AS A MATrER OF INFORMATION ONLY AND CONFERS NO RIClHS UPON YOU THE CERTIFICA TE'~OLDER.
AN INSURANCE'POLlCY AND Doi,s NOT f\~ilEND,IOX'&END, OR A!;],ER THE COVERACIO AFFORDED BY THE POLICIES ~JSTED'B1,I,O~t, ' ,
..
THIS CERTIFICATE IS NOT
. .
This is to Certify that
JONES INTERCABLE INC, ET All
9697 E MINERAL AVENUE
ENGLEWOOD CO 80112
Name and
address of
Insured,
LIBERTI II
MUTUAL@ -
Is, at the issue date of this certificate, insured by the Company under the policy(ies) listed below, The insurance afforded by the listed policy(ies) is subject to all their terms,
exclusions and conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be issued,
EXP. DATE
o CONTINUOUS
TYPE OF POLICY o EXTENDED POLICY NUMBER LIMIT OF LIABILITY
00 POLICY TERM
COVERAGE AFFORDED UNDER WC EMPLOYERS LIABILITY
04-01-98 W A 1-690-004082-135 lAW OF THE FOllOWING STATES: Bodily Injury By Accident
WORKERS
COMPENSATION CA COFLGAILIN MDMI $500,000 Each
04-01-98 W A 1-690-004082-165 Accident
MONE NM NYSC TX VA Bodily Injury By Disease
04-01-98 WCl-691-004082-015 Policy
MINNESOT A $500,000 Limit
Bodily Injury By Disease
*AZHlNJORPA WIKS $500,000 Each
Person
GENERAL General Aggregate - Other than Products/Completed Operations
LIABILITY 3 000 000
o CLAIMS MADE Products/Completed Operations Aggregate
3,000,000
1 RETRO DATE I 04-01-98 TBl-691-004082-035
Bodily Injury and Property Damage Liability
1,000,000
[K] OCCURRENCE PERSONAL AND ADVERSITING INJURY
1,000,000
OTHER: 'All States Coverage Excludes Maine, WA Policy-Includes Deductible Endorsement with Other.
$350,000 Deductible Per Occurrence/Claim (Disease) with an Aggregate Deductible All Bodily Injury of Includes: Explosion & Collapse Hazard Underground Products Completed Operations,
$3,200,000 With the Provision That Liberty Mutual May/Will Advance Payment of the Deductible Premises & Operations, Independent Contractors/Contractors Protective, Hazard Personal
Amount. Injury, Contractual Liability,
AUTOMOBILE $1,000,000 Each Accident - Single Umit
LIABILITY B.I. and p.o, Combined
~ OWNED 04-01-98 AS2-691-004082-045 Each Person
[EJ NON-0WNED Each Accident or Occurrence
119 HIRED Each Accident or Occurrence
OTHER
ADDITIONAL COMMENTS Re: Jonos Communications of Georgia/South Carolina, Inc. . Augusta GA
Franchise renewal.
" "
'If the certllicate expiration date Is conllnuous or extended term, you will be nolllled ~ coverage IS terminated or reduced bel ore the certrllcate expiration date,
SPECIAL NOTICE- OHIO: ANY PERSON WHO, WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A
FRAUD AGAINST AN INSURER, SUBMITS AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE
STATEMENT IS GUILTY OF INSURANCE FRAUD,
NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW,) BEFORE THE STATED
EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE
POLICIES UNTIL AT LEAST 30 DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO:
Liberty Mutual Group
~~DlL~
YVONNE STEUBING
AUTHORIZED REPRESENTATIVE
AUGUST A.RICHMOND COUNTY COMMISSION
CERTIFICATE ATTN: CHARLES R. OLIVER
HOLDER EIGHTH flOOR, MUNICIPAL BLDG. 111 )
530 GREENE STREET
AUGUSTA GA 30911
ENGLEWOOD
OFFICE
303.799-0818
PHONE NUMBER
02119/98
DATE ISSUED
This cerlificate is executed by LIBERTY MUTUAL GROUP as respects such insurance as is afforded by Those Companies
BS 772L R2
.
of ....
:::'" '.~.~.H.I.I' '. -. -/i:iS1:::6"1:_I:;S::A:iTie:;se:'I::i1iSlifIOAiijilidfi: :::,m.~j::::,::::j;~::::~::l,~ DATE (MM/DDNY)
?,'~~I'.""~,,.::~~:::m:~=~::~:!:,!?iM)I::t;i::~!8:::!!B9_!!M:S\!":)::::::J::;,::::::;;:,:<::::,:<::::,.,, 04/30/99
PRODUCER THIS CERTIFICATE IS ISSU 0 AS 'j,. MATTER OF INFORMATION
J&H Marsh & McLennan of PA, Inc, ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Six PPG Place, Suite 300 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Pittsburgh, PA 15222-5499 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
(412) 552-5000 COMPANIES AFFORDING COVERAGE
COMPANY
A Pacific Employers Insurance Company
05194-COMCA JONES JONES
INSURED
Jones Communications of Georgia
Attn: Vicki Oelak
1424 Monte Sac Avenue
PO Box 3576 & 3579
Augusta, GA 30914-3576
COMPANY
B Cigna Insurance Company
COMPANY
C American Guarantee & Liability
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOlWlTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
CO TYPE OF INSURANCE ,- POLICHlUMBER POLICY EFFECTIVE POLICY EXPIRATION L1MITS- -
LTR DATE (MM/DD/VY) DATE (MM/DDNY)
A GENERAL LIABILITY OGL G 19660928 05/01/99 12/01/99 GENERAL AGGREGATE /-$ 1,000,000
X COMMERCIAL GENERAL UABILlTY PRODUCTS - COMP/OP A'GG $ 1,000,000
CLAIMS MADE ~ OCCUR I 1,000,000
PERSONAL & ADV INJURY $
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE! $ 1,000,000
FIRE DAMAGE (Any'-;'ne fire) $ 100,000
MED EXP (Anyone person) $ 5,000
B AUTOMOBILE LIABILITY HO i'57043-0 05/01/99 12/01/99 1,000,000
COMBINED SINGLE LIMIT $
X ANY AUTO
ALL OWNED AUTOS BODILY INJURY
(Per person) $
SCHEDULED AUTOS
HIRED AUTOS BODILY INJURY
(Per accident) $
NON-OWNED AUTOS
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE $
C EXCESS LIABILITY AU08384714-04 05/01/99 12/01/99 EACH OCCURRENCE $ 5,000,000
X UMBRELLA FORM AGGREGATE 5,000,000
- _OTHER Tl;iAN,UMBRELLA FORM__
A WORKERS COMPENSATION AND WLR.C42467339 05/01/99 12/01/99 X STATUTORY LIMITS
EMPLOYERS' LIABILITY 500,000
EACH ACCIDENT $
A THE PROPRIETOR! INCL DISEASE - POLICY LIMIT $ 500,000
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL DISEASE - EACH EMPLOYEE $ 500,000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIALITEMS (LIMITS MAY BE SUBJECT TO RETENTIONS)
Certificate Holder is added as Additional Insured as respects the liability policies if required by written contract with the
Named Insured.
@~fft!F!~Tg:Hg!;:P~R
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................. ........"..,., . "."................
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...... ............. .... .
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.............."".,....".,..................................
...............................................................
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.............................,.................................
City of Augusta
City Council of Augusta
City & County Building
Augusta, GA 30902
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCelLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
..2Q.... DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
11 REPRESENTATIVES,
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