HomeMy WebLinkAboutCCMPacket2020-01-14CITY COMMISSION MEETING
AGENDA FOR JANUARY 14, 2020
5:30 PM
CITY HALL COMMISSION CHAMBERS
300 SOUTH FIFTH STREET
Any member of the public who wishes to make comments to the Board of Commissioners is asked to fill out a Public
Comment Sheet and place it in the box located at the end of the Commissioner’s desk on the left side of the Commission
Chambers. The Mayor will call on you to speak during the Public Comments section of the Agenda.
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS
EMPLOYEE INTRODUCTIONS Aiden Yarbrough, Hakeem Tyler, Rodney Spillane, Joshua Guess, Seth
Harrell & Michaela Gossum
Items on the Consent Agenda are considered to be routine by the Board of Commissioners and will be enacted by one
motion and one vote. There will be no separate discussion of these items unless a Board member so requests, in which
event the item will be removed from the Consent Agenda and considered separately. The City Clerk will read the items
recommended for approval.
I. CONSENT AGENDA
A.Approve Minutes for December 17, 2019
B.Receive & File Documents
C.Appoint Karami Underwood to the Paducah-McCracken County Senior
Citizens Board
D.Appointment of Emerson Goodwin and Ashley Johnson and
reappointment of Dann Patterson to the Barkley Regional Airport
Authority Board
E.Personnel Actions
F.A Municipal Order Authorizing the City Manager to distribute vacation
days to certain employees of the City of Paducah as part of the 2019
Employee Appreciation Christmas Luncheon Charity Food Collection -
J ARNDT
G.Purchase of one (1) 1/2 Ton Pickup 4x4 SSV in the amount of
$34,677.96 for use by Fire Prevention Division - R MURPHY
II. ORDINANCE(S) - ADOPTION
A.Paducah Parks and Recreation Master Plan Change Order #1 ($5,000) -
M THOMPSON
B.Repeal and Replace Chapter 22 - Cable Communications - P
SPENCER
III. ORDINANCE(S) - INTRODUCTION
A.City of Paducah Special Event Cost Recovery Program - M
THOMPSON
B.Closure of a Portion of Colonial Court Between 100, 104, 106 & 107
Colonial Court - R MURPHY
C.Execute an Agreement with Plante Moran not to Exceed $90,000 for
Technical Assistance with Energov Codes & Permitting Software
Implementation - M SMOLEN
D.Amend Code of Ordinances Section 70-52 to Add One Additional
Member to the Brooks Stadium Commission - J ARNDT
IV. COMMENTS
A.Comments from the City Manager
B.Comments from the Board of Commissioners
C.Comments from the Audience
V. EXECUTIVE SESSION
January 14, 2020
Minute File:
1. Notice of Called Joint Meeting – Board of Commissioners of City of Paducah and
McCracken County Fiscal Court – December 17, 2019 5:00 p.m.
2. Notice of Called Meeting – Board of Commissioners of City of Paducah – December 17,
2019 5:30 p.m.
3. Certificate of Liability Insurance – Centurion Development LLC
4. Right-of-Way Bond – Centurion Development LLC
5. Certificate of Liability Insurance – Ivitts Plumbing Contractors, Inc.
Deed File:
1. Deed of Conveyance – 2028 Clay Street Irene Salemi to City of Paducah - MO #2307
Contract File:
1. Forgiveness of Debt Agreement – City of Paducah – Paducah Golf Commission –
ORD 2019-12-8604
2. City of Paducah – Commonwealth Economics – Downtown Riverfront TIF Project –
ORD 2019-12-8607
3. Commonwealth of Kentucky – DLG Grant – Recreational Trails Program – MO #2293
4. Commonwealth of Kentucky – Kentucky office of Homeland Security Grant MO #2301
5. Agreement between Commonwealth of Kentucky Transportation Cabinet Dept. of
Highways and City of Paducah – South 25th Street Project – MO #2306
6. Contract For Services – Midtown Alliance of Neighbors – MO #2308
7. Surplus Property Sale Sealed Bid Form – James Hardin – 164 Clements St. MO #2309
8. City of Paducah – Jim Smith Contracting – Resurfacing Program – One-year Renewal
Agreement – ORD 2018-5-8553
9. Downtown Paducah Parking Assessment – Concepts21 – Signed by CM
10. Commonwealth of Kentucky – Contract Modification – Time Extension – Community
Block Grant – MO #2014
Financials File:
1. Paducah Junior College – Year ended June 30, 2019
Agenda Action Form
Paducah City Commission
Meeting Date: January 14, 2020
Short Title: A Municipal Order Authorizing the City Manager to distribute vacation days to certain
employees of the City of Paducah as part of the 2019 Employee Appreciation Christmas Luncheon Charity
Food Collection - J ARNDT
Category: Municipal Order
Staff Work By: Claudia Meeks
Presentation By: James Arndt
Background Information: The City of Paducah hosted the 2019 Employee Christmas Luncheon on
December 12, 2019. Employees were encouraged to bring canned goods and non-perishable items to donate to
Family Service Society. For every ten items brought in the employee was given a ticket to put into a drawing
for an opportunity to win a vacation day.
City staff collected over 300 items that were donated.
Five city staff members who participated in the food drive were selected at random to receive a free 8-hour
vacation day. These employees were Melissa Franklin (EPW), Claudia Meeks (Clerk/Customer Experience),
John Saxton (Solid Waste), Jessica Lott (IT) and Mark Thompson (Parks & Recreation).
Does this Agenda Action Item align with a Strategic Plan Action Step? No
If yes, please list the Action Step Item Codes(s):
Funds Available:Account Name:
Account Number:
Staff Recommendation: Authorize the City Manager to award one 8-hour vacation day to each of the 2019
Employee Christmas Luncheon Charity Food Collection winners.
Attachments:
1.Municipal Order
MUNICIPAL ORDER NO. ________
A MUNICIPAL ORDER AUTHORIZING THE CITY MANAGER TO
DISTRIBUTE VACATION DAYS TO CERTAIN EMPLOYEES OF THE CITY OF
PADUCAH AS PART OF THE ANNUAL EMPLOYEE APPRECIATION
CHRISTMAS LUNCHEON CHARITY FOOD COLLECTION
WHEREAS, the City of Paducah hosted the 2019 Employee Christmas
Luncheon on December 12, 2019; and
WHEREAS, employees were encouraged to bring canned goods and non-
perishable items to donate to the Family Service Society for an opportunity to win a
vacation day; and
WHEREAS, City staff collected and donated more than 300 canned
goods and non-perishable items that were donated to the Family Service Society of
Paducah; and
WHEREAS, five city staff members who participated in the food
collection, were selected at random to receive a vacation day; and
WHEREAS, the Board of Commissioners now wishes to authorize the
City Manager to award said vacation days.
NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH,
KENTUCKY:
SECTION 1. That the City of Paducah hereby authorizes and directs the
City Manager to award one 8-hour vacation day to each one of the 2019 Employee
Christmas Luncheon Charity Food Collection winners. This Municipal Order will be
retroactive, to allow for the vacation days to be utilized as of December 12, 2019.
SECTION 2. City of Paducah employees being awarded one 8-hour
vacation day, as authorized in Section 1 above, are as follows:
1. Melissa Franklin (EPW)
2. Claudia Meeks (Clerk/Customer Experience)
3. John Saxton (Solid Waste)
4. Jessica Lott (IT)
5. Mark Thompson (Parks & Recreation)
SECTION 3. This Order shall be in full force and effect from and after
the date of its adoption.
____________________________________
Mayor
ATTEST:
_____________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, January 14, 2020
Recorded by Lindsay Parish, City Clerk, January 14, 2020
\mo\Employee 2019 Christmas Luncheon – Food Collection Vacation Days
Agenda Action Form
Paducah City Commission
Meeting Date: January 14, 2020
Short Title: Purchase of one (1) 1/2 Ton Pickup 4x4 SSV in the amount of $34,677.96 for use by Fire
Prevention Division - R MURPHY
Category: Municipal Order
Staff Work By: Debbie Collins, Randy Crouch
Presentation By: Rick Murphy
Background Information: On December 11, 2019 sealed bids were opened for the purchase of One (1) 1/2
Ton Pickup 4x4 SSV for use by the Paducah Fire Department- Fire Inspection Division. Linwood Motors is the
lowest evaluated bidder at a price of $34,677.96.
Does this Agenda Action Item align with a Strategic Plan Action Step? No
If yes, please list the Action Step Item Codes(s):
Funds Available:Rolling Stock/Vehicle Fleet Lease Trust FundAccount Name:
71000210 540050 Account Number:
Staff Recommendation: Approve a Municipal Order for the Mayor to sign an agreement with Linwood
Motors for the purchase of One (1) 1/2 Ton Pickup 4x4 SSV in the amount of $34,677.96.
Attachments:
1.Municipal Order
2.Attachments 4x4 SSV bid
MUNICIPAL ORDER NO. ______
A MUNICIPAL ORDER ACCEPTING THE BID OF LINWOOD MOTORS
FOR SALE TO THE CITY OF ONE (1) ½ TON PICKUP 4X4 SSV IN A TOTAL AMOUNT
OF $34,677.96 FOR USE BY THE FIRE PREVENTION DIVISION, AND AUTHORIZING
THE MAYOR TO EXECUTE A CONTRACT FOR SAME
BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF
PADUCAH, KENTUCKY:
SECTION 1. The City of Paducah accepts the bid of Linwood Motors, in the
amount of $34,677.96, for sale to the City of one (1) ½ ton pickup 4x4 SSV, for use by the
Paducah Fire Prevention Division, said bid being in substantial compliance with the bid
specifications, and as contained in the bid of Linwood Motors of December 11, 2019.
SECTION 2. The Mayor is hereby authorized to execute a contract with Linwood
Motors, for the purchase of one (1) ½ ton pickup 4x4 SSV, as authorized in Section 1 above,
according to the specifications, bid proposal and all contract documents heretofore approved and
incorporated in the bid.
SECTION 3. This purchase shall be charged to the Rolling Stock/Vehicle Fleet
Lease Trust Fund account, account number 71000210-540050.
SECTION 4. This Order shall be in full force and effect from and after the date
of its adoption.
______________________________
Brandi Harless, Mayor
ATTEST:
________________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, January 14, 2019
Recorded by Lindsay Parish, City Clerk, January 14, 2019
\mo\Pickup 4x4 SSV Fire Prevention 9-2019
Agenda Action Form
Paducah City Commission
Meeting Date: January 14, 2020
Short Title: Paducah Parks and Recreation Master Plan Change Order #1 ($5,000) - M THOMPSON
Category: Ordinance
Staff Work By: Mark Thompson
Presentation By: Mark Thompson
Background Information: In the FY2019 budget $102,500 was approved to complete the Parks and
Recreation Master Plan. Bacon, Farmer & Workman of Paducah along with their partners Brandstetter/Carroll
of Lexington and PFGW of Paducah were hired to provide the Master Plan. The plan included a statistically
valid survey of City of Paducah residents. However, once the planning work began it was determined that the
best course of action to get a true view of the City and County needs was to include non-City McCracken
County residents in the statistically valid survey process. The cost of this additional work was $5000. This
change order will increase the total Master Plan budget to $107,500.
Does this Agenda Action Item align with a Strategic Plan Action Step? Yes
If yes, please list the Action Step Item Codes(s): R-1, R-3, R-10, R-11
Funds Available:Health ParkAccount Name:
PA0113 000-22000-22010 Account Number:
Staff Recommendation: Approval of Change Order #1.
Attachments:
1.Ordinance
2.Master Plan Update - Professional Services - Change Order #1 12102019
ORDINANCE 2020-____-______
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE
CHANGE ORDER NO. 1 WITH BACON, FARMER AND WORKMAN ENGINEERING
& TESTING, INC., IN THE AMOUNT OF $5,000 FOR THE PADUCAH PARKS &
RECREATION MASTER PLAN
WHEREAS, the City approved Municipal Order No. 2162 to enter into a
contract with Bacon, Farmer and Workman Engineering & Testing, Inc. (BFW) in the
amount of $102,500 for the development of a Parks and Recreation Master Plan; and
WHEREAS, Change Order No. 1 is now needed in the amount of $5,000 for
the addition of McCracken County residents in the statistically valid survey.
NOW THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH,
KENTUCKY:
SECTION 1. The Mayor is hereby authorized to execute Change Order No. 1,
in an amount of $5,000 with Bacon, Farmer and Workman Engineering & Testing, Inc. for
work related to the addition of McCracken County residents in the statistically valid survey
for a new total contract amount of $107,500.
SECTION 2. This expenditure shall be charged to the Health Park Account
No. PA0113 000-22000-22010.
SECTION 3. This ordinance shall be read on two separate days and will
become effective upon summary publication pursuant to KRS Chapter 424.
______________________________
Brandi Harless, Mayor
ATTEST:
________________________
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, December 17, 2019
Adopted by the Board of Commissioners, __________________________
Recorded by Lindsay Parish, City Clerk, ___________________________
Published by The Paducah Sun, ________________________________
\ord\parks\chgord 1 Parks Master Plan BFW Bacon Farmer Workman
Agenda Action Form
Paducah City Commission
Meeting Date: January 14, 2020
Short Title: Repeal and Replace Chapter 22 - Cable Communications - P SPENCER
Category: Ordinance
Staff Work By: Pam Spencer, James Arndt
Presentation By: Pam Spencer
Background Information:
This ordinance is to repeal and replace Chapter 22 of the Paducah Code of Ordinances regarding Cable
Communications. Chapter 22 governs the operations of the City’s current cable operator, Comcast, as well as
any other cable providers which may seek to provide cable service within the City. As part of the non-
exclusive Franchise negotiations with Comcast, the City and Comcast have been working to update and
modernize Chapter 22. The Franchise agreement, which references Chapter 22 in several sections, will be
brought before the Board early next year.
Chapter 22 addresses general operating requirements for cable systems including a procedure to obtain a cable
franchise, consumer protection, customer service standards, technical standards, and extension of cable service
to new developments.
Furthermore, Chapter 22 addresses operating requirements for cable operators including the provision of
insurance and indemnification to the City, procedures for enforcement of the Ordinance and any cable
franchise agreement granted by the City as well as procedures to be undertaken to consider a transfer of
ownership of the cable operator and franchise renewal.
Does this Agenda Action Item align with a Strategic Plan Action Step? No
If yes, please list the Action Step Item Codes(s):
Funds Available:Account Name:
Account Number:
Staff Recommendation:
Attachments:
1.Ordinance
2.Chapter 22 - Cable Communications - Paducah(5850532.1)
3.Amended Ordinance Summary - Paducah(5873819.1)
ORDINANCE NO. 2020-____-_____
AN ORDINANCE REPEALING CHAPTER 22 OF THE CODE OF
ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY WHICH GOVERNS CABLE
COMMUNICATIONS AND REPLACING IT IN ITS ENTIRETY
WHEREAS, this Ordinance will repeal and supersede Chapter 22 of the Code of
Ordinances of the City of Paducah, Kentucky, which governs Cable Communications; and
WHEREAS, this Ordinance will replace this chapter with a new Chapter 22,
which will read as described below;
NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF PADUCAH AS FOLLOWS:
SECTION 1. Chapter 22 of the Code of Ordinances shall read as follows:
ARTICLE I. IN GENERAL
Title of Chapter.
This Chapter shall be known as “Chapter 22 Cable Communications of the City’s Code of
Ordinances.”
Definitions.
For the purpose of this Chapter, the following terms, phrases, words, and their derivations shall
have the meaning given herein. When not inconsistent with the context, words in the singular
number include the plural number, and words in the plural number include the singular number.
The word “shall” is always mandatory and not merely directory. The word “may” is directory
and discretionary and not mandatory. Words not defined shall be given their common and
ordinary meaning.
Access Channel. A Public, Educational or Governmental Access Channel which is
carried on a Cable System, but which is not part of any institutional network.
Affiliate shall mean any Person controlling, controlled by or under common control of a
Franchisee.
Annual Gross Revenues or Gross Revenues means any and all revenue derived by the
Franchisee from the operation of the Cable System in the Franchise Area to provide Cable
Service. Cable Service revenue shall include, but is not limited to, revenues from Basic Cable
Service, premium, pay-per-view, pay television, Franchise Fees, late fees, guides, home
shopping revenue, Installation and reconnection fees, upgrade and downgrade fees, advertising
revenue (excluding advertising sales commissions paid to unaffiliated third parties), and
converter rental fees. Gross Revenue shall not include refundable deposits, actual bad debt
write-offs, investment income nor any taxes, fees or assessments of general applicability
imposed or assessed by any governmental authority (a Franchise Fee is not such a tax, fee or
assessment). The City acknowledges and agrees that Franchisee will maintain its books and
records in accordance with GAAP.
Applicable Law means any and all local law, state or federal law, statute, charter,
ordinance, regulation, code, franchise, permit, judgment or decree in accordance with state and
federal law.
Authority. The City of Paducah Board of Commissioners.
Basic Cable Service. Any Service tier which includes the lawful retransmission of local
television broadcast signals and any public, educational, and governmental access programming
required by the Franchise to be carried on the basic tier. Basic Cable Service as defined herein
shall not be inconsistent with 47 U.S.C. § 543(b)(7).
Board. The Board of Commissioners for the City of Paducah, Kentucky.
Cable Operator. Any Person or group of Persons, including a Franchisee, who:
provides Cable Service over a Cable System and directly or through one (1) or
more affiliates owns a significant interest in such Cable System; or
otherwise controls or is responsible for, through any arrangement, the
management and operation of such a Cable System.
Cable Service or Service. (A) the one-way transmission to Subscribers of (i) Video
Programming or (ii) other programming service, and (B) Subscriber interaction, if any, which is
required for the selection or use of such Video Programming or other programming service.
Cable Service as defined herein shall not be inconsistent with the definition set forth in 47 U.S.C.
§ 522(6) and § 522(14).
Cable System or System. A facility, consisting of a set of closed transmission paths and
associated signal generation, reception, and control equipment that is designed to provide Cable
Service which includes Video Programming and which is provided to multiple Subscribers
within a community, but such term does not include:
a facility that serves only to retransmit the television signals of one (1) or more
television broadcast stations;
a facility that serves Subscribers without using any Street or Public Way;
a facility of a common carrier which is subject, in whole or in part, to the
provisions of 47 U.S.C. § 201 et seq., except that such facility shall be considered a Cable
System (other than for purposes of 47 U.S.C. § 541(c)) to the extent such facility is used
in the transmission of Video Programming directly to Subscribers, unless the extent of
such use is solely to provide interactive on-demand services;
an open video system that complies with 47 U.S.C. § 573; or
any facilities of any electric utility used solely for operating its electric utility
systems.
Cable Television Channel or Channel. A portion of the electromagnetic frequency
spectrum which is used in a Cable System and which is capable of delivering a television
Channel (as “television Channel” is defined by FCC regulation).
City. The City of Paducah, Kentucky, and all the territory within its presently existing or
future territorial corporate limits. Where appropriate, the term “City” shall refer to it as a
corporate entity and also include its officers, employees and duly authorized representatives.
City Manager. The designated or acting City Manager of the City of Paducah, Kentucky.
Commonwealth. The Commonwealth of Kentucky.
Converter. Any electric or other device separate and apart from the Subscriber’s receiver
that is capable of converting or changing signals to a frequency not intended to be susceptible to
interference within the television or video receiver of a Subscriber, and by an appropriate
Channel or other type of selector may also permit a Subscriber to view or otherwise use signals
delivered at designated dial locations, or such other reception and use allocations as may be
applicable and required for the practical use of the signal.
Drop. The cable that connects the ground block on the Subscriber’s residence or
institution to the nearest feeder cable of the System.
FCC or Federal Communications Commission. The federal administrative agency, or
lawful successor, authorized to oversee cable television regulation on a national level.
Franchisee. All Persons, natural or corporate, or any other entity having any rights,
powers, privileges, duties, liabilities or obligations under this Chapter and the Franchise
Agreement, and also all Persons having or claiming any power or interest in or to the System,
whether by reason of the Franchise itself or any subcontract, transfer assignment, mortgage,
pledge, hypothecation, security agreement, management agreement or operating agreement, or
otherwise arising or created.
Franchise or Franchise Agreement. That separate agreement by which a Franchise is
granted to the Franchisee as required by this Chapter. Franchise as defined herein shall not be
inconsistent with 47 U.S.C. § 522(9).
Franchise Area or Service Area. The entire geographic area within the City as it is now
constituted or may in the future be constituted.
Franchise Fee. Any tax, fee, or assessment of any kind imposed by the City or other
governmental entity on Franchisee or Subscriber, or both, solely because of their status as such.
It does not include any tax, fee, or assessment of general applicability (including any such tax,
fee, or assessment imposed on both utilities and Cable Operators or their services but not
including a tax, fee, or assessment which is unduly discriminatory against Cable Operators or
cable Subscribers); capital costs which are required by the Franchise to be incurred by
Franchisee for Public, Educational, or Governmental Access Facilities; requirements or charges
incidental to the awarding or enforcing of the Franchise, including payments for bonds, security
funds, letters of credit, insurance, indemnification, penalties, or liquidated damages; or any fee
imposed under Title 17 of the United States Code.
Normal Business Hours. The term “Normal Business Hours” means those hours during
which most similar businesses in the community are open to serve customers. In all cases,
“Normal Business Hours” must include some evening hours, at least one (1) night per week
and/or weekend hours.
Normal Operating Conditions. Those Service conditions which are within the control of
Franchisee. Those conditions which are not within the control of Franchisee include, but are not
limited to, natural disasters, civil disturbances, power outages, telephone network outages and
severe or unusual weather conditions. Those conditions which are ordinarily within the control
of Franchisee include, but are not limited to, special promotions, pay-per-view events, rate
increases, regular peak or seasonal demand periods, and maintenance or upgrade of the Cable
System.
Ordinance or Chapter. Chapter 22 Cable Communications of the City’s Code of
Ordinances.
Pay Television. The delivery over the System of pay-per-channel or pay-per-program
audio-visual signals to Subscribers for a fee or charge, in addition to the charge for Basic Cable
Service or other programming services.
Person. Any individual, corporation, business trust, estate trust, partnership, association
of two (2) or more Persons having a joint common interest, governmental agency or other legal
entity, including the City.
PEG. Public, Educational or Governmental.
Public Way. All public Streets and utility easements, as those terms are defined in the
City Code, now or hereafter owned by the City, but only to the extent of the City’s right, title,
interest or authority to grant a license or franchise to occupy and use such Streets and easements
for telecommunications facilities or Cable System.
Service Day. Any day or other twenty-four (24) hour period, other than a Sunday or a
City-recognized holiday, in which employees of the Franchisee regularly respond to service
requests and calls.
Service Interruption. The loss of picture or sound on one (1) or more Channels.
Standard Installation. Any residential or commercial installation which can be
completed using a Drop of one hundred fifty (150) feet or less.
Street. The surface of and the space above and below any public Street, road, highway,
freeway, lane, path, Public Way or place, sidewalk, alley, boulevard, parkway, drive, or other
easement now or hereafter held by the City, and includes other easements or rights-of-way as
may be now or hereafter held by the City for the purposes of installing poles, wires, cables,
conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other
devices or property as may be necessary for the construction, operation, and maintenance of a
wire telecommunications system or Cable System.
Subscriber. A Person lawfully receiving Service delivered over a Cable System by either
a Cable Operator or Franchisee.
Utility easement. Any easement owned by the City and acquired, established, dedicated
or devoted for public utility purposes not inconsistent with telecommunications facilities or
Cable System.
U.S.C. United States Code.
Video Programming. Programming provided by, or generally considered comparable to
programming provided by, a television broadcast station.
Franchisee May be Required to Pay Associated Costs.
In addition to any other rights the City may have under this Chapter, the City specifically
reserves the right to charge the Franchisee for any and all costs incidental to the awarding or
enforcing of the Franchise as provided for in a Franchise Agreement in accordance with
Applicable Law. Under no circumstances shall the costs exceed two thousand five hundred
dollars ($2,500).
Fair Employment and Contracting.
Equal opportunity in employment shall be afforded by each cable entity to all qualified
Persons, and no Person shall be discriminated against in employment by such entity because of
race, color, religion, national origin, age or sex.
A Franchisee shall exercise its reasonable best effort to use minority organizations,
organizations for women, media, educational institutions, and other potential sources of minority
and female applicants, to supply referrals whenever jobs are available in its operation and to
encourage minority and female entrepreneurs to conduct business with all parts of its operation.
In addition to the provisions noted above, a Franchisee shall comply with all
Commonwealth laws, FCC regulations, and 47 U.S.C. § 554 as they relate to equal employment
and contracting opportunity within the cable industry.
Construction of Chapter.
This Chapter shall be construed in light of Applicable Laws and regulations governing
cable practices in general and cable consumer practices in particular in accordance with
Applicable Law.
Wherever possible, this Chapter shall be construed with as much flexibility as possible so
that the City might be able to accomplish its goals of protecting the health, safety, and welfare of
the citizenry.
Compliance with Federal, State and Local Laws.
If any federal or state law or regulation shall require or permit City or Franchisee to perform any
service or act or shall prohibit City or Franchisee from performing any service or act which may
be in conflict with the terms of this Ordinance, then as soon as possible following knowledge
thereof, either party shall notify the other of the point in conflict believed to exist between such
law or regulation. Franchisee and City shall conform to state and federal laws and regulations
and rules regarding cable communications as they become effective.
Effect on New and Existing Franchisees.
For Persons awarded a cable Franchise after the effective date, this Chapter shall have
full effect and be enforceable in its entirety and for a Franchise existing on the date that this
Chapter becomes effective, this Chapter shall have no effect during its present Franchise term.
Notwithstanding the above provisions, a Franchisee may file a written petition, at any
time, seeking relief from one (1) or more provisions of this Chapter. The relief requested may
specifically include the delay in implementation (as to the petitioning Franchisee only) of one (1)
or more provisions of this Chapter.
In order to receive relief from one (1) or more provisions of this Chapter, a Franchisee
must satisfactorily demonstrate to the City that one (1) of the following facts exist:
The provision and/or requirement is expressly prohibited by Applicable Law; or
The provision materially affects and is in conflict with an expressed right that is
specifically noted in an existing Franchise Agreement; or
That the imposition of such provisions and/or requirements is commercially
impracticable or will create such an undue economic hardship on the Franchisee so as to
imperil or eliminate the economic benefits of providing Cable Service to a majority of
current Subscribers; or
That the Franchisee has its own construction, maintenance, operation, customer
service or equal employment opportunity (EEO) policy, practice or standard which is
deemed comparable to or exceeding any provision and/or requirement from which the
Franchisee seeks relief.
The City shall have the responsibility of determining whether a Franchisee’s
construction, maintenance, operation, customer service or EEO policy, practice or standard is
comparable to or exceeds a similar provision in this Chapter.
In accordance with this Chapter, the City may charge the petitioning Franchisee with the
incidental costs of processing an initial Franchise consistent with 47 U.S.C. § 542(2)(D).
Delegation of Power.
Unless prohibited by the Commonwealth, the City and/or Board of Commissioners may delegate
its powers and authorities (except its ultimate franchising authority) with respect to cable to the
Authority, or a duly authorized representative of the City, including the Mayor and City
Manager, provided, however, the City and/or Board of Commissioners shall not delegate its
powers and authority with respect to matters concerning, Franchise renewal, non-compliance or
revocation of the Franchise unless otherwise agreed to by City and Franchisee.
City Ownership of Cable System.
In the event the City directly or indirectly through any legal means constructs, acquires,
purchases, leases or otherwise owns or controls a Cable System, it shall, with the exception of
those requirements pertaining to application for and obtaining a Franchise, be considered a
Franchisee for purposes of this Chapter and shall be bound by and comply with all the
requirements of this Chapter as if it were a Franchisee.
Secs. 22-10--22-30. Reserved.
ARTICLE II. FRANCHISE PROVISIONS
Sec. 22-31. Franchise Required.
Necessity of Franchise. Except as provided in subsections (b) and (c) of this section, to
the maximum extent permitted under applicable law, no Person shall provide Cable Services nor
operate or maintain a Cable System without having first obtained a Franchise, and then entering
into a Franchise Agreement with the City.
Exception for City-owned or City-controlled Cable System. Under judicial interpretations
of the Kentucky Commonwealth Constitution, a municipality may own and operate a Cable
System. Consequently, should the City, directly or indirectly, through any legal means available
to the City, decide to purchase, acquire, construct, lease, control or otherwise own a Cable
System within the territorial limits of the City, then the City shall comply with all Applicable
Laws in order to construct, operate and maintain a Cable System within the territorial limits of
the City.
Contravention of Franchise; costs of litigation. The cost of any litigation incurred by the
City to enforce this Chapter or the Franchise granted pursuant hereto, or any Franchise
Agreement, or in relation thereto, or in relation to the cancellation or termination of a Franchise,
shall be reimbursed to the City by the affected Franchisee if the City prevails in the litigation. In
the event the Franchisee prevails, the cost of litigation incurred by the Franchisee shall be
reimbursed to the Franchisee by the City. Such costs shall include, but not be limited to, filing
fees, costs of depositions, discovery, and expert witnesses, all other expenses of suit, and a
reasonable attorney’s fee.
Term; Termination and Cancellation.
Maximum term. No Franchise granted hereunder, or any renewal thereof, shall be for a
term of more than fifteen (15) years.
Term six years or less. If an initial Franchise or renewal Franchise is for a period of six
(6) years or less, then the Franchise Agreement shall explain the reasons for granting the shorter
Franchise term.
Reasons for term six years or less. The reasons for a shorter Franchise term may include,
but are not limited to, the following:
Multiple or repeated documented material violations of the prior Franchise
Agreement.
Multiple or repeated documented material violations of this Chapter.
Documented reckless disregard for the safety and welfare of the citizens of the
City.
Failure to furnish any required annual reports.
Failure to comply with a specific, previously agreed upon construction schedule.
Failure to timely pay in their entirety any Franchise Fees or taxes or other charges
due to the City.
Termination and cancellation of Franchise. In addition to all other rights and powers of
the City by virtue of the Franchise or this Chapter, the City may, subject to and in accordance
with appropriate terms of this Chapter and a Franchise Agreement, federal, and state law,
terminate and cancel the Franchise and all rights and privileges of the Franchisee thereunder in
the event that the Franchisee either:
Substantially violates any material provisions of the Franchise or this Chapter, or
any legal rule, order or determination of the Board of Commissioners made pursuant
thereto, where such violation shall remain uncured for a period of thirty (30) days
subsequent to receipt by Franchisee of written notice of said violation, except where such
violation is due to excusable neglect or outside the control of the Franchisee;
Intentionally evades any of the provisions of this Chapter or the Franchise
Agreement or practices any intentional fraud or deceit upon the City; or
Becomes insolvent, files bankruptcy or abandons the Franchise or, subject to
Section 22-72, fails to pay any applicable Franchise Fee when due.
Such determination and cancellation shall be made by ordinance of the Board of
Commissioners duly adopted after twenty (20) days’ notice to the Franchisee and shall in
no way affect any of the City’s rights under the Franchise or any provisions of law;
provided, however, that, before the Franchise may be terminated and canceled under this
section, the Franchisee shall be provided with an opportunity to be heard at a public
hearing before the Board of Commissioners, upon thirty (30) days’ prior written notice to
the Franchisee of the time and place of the public hearing; provided further that the notice
shall affirmatively and with specificity cite the reasons alleged to constitute a cause for
revocation; and, provided further, that notice of the public hearing shall be published in a
local newspaper of general circulation at least five (5) days before the hearing.
Performance evaluation provisions.
The City and Franchisee may hold scheduled performance evaluation sessions
concerning the provision of Cable Services on the Cable System within thirty (30) days
prior to the fifth (5th) and tenth (10th) anniversary dates of granting a Franchise or renewal
of a Franchise. Franchisee shall fully cooperate with the City and shall provide, without
cost and in a timely manner, such information and documents related to the operation of
the Cable System as the City may reasonably request to perform the evaluation. All
performance evaluation sessions shall be open to the public and will be announced by the
City in a newspaper of general circulation at least five (5) days before each session.
Special performance evaluation sessions may be held at any time during the term
of the Franchise; provided that both the City and the Franchisee shall mutually agree on
the time, the place and the topics to be negotiated.
Selection of New Franchisee.
Request for proposal. In selecting a new Franchisee (not applicable to a proposed
transferee) pursuant to this Chapter, the City shall prepare a request for proposal to seek bids for
a Cable System to be established under a Franchise by the City. This request for proposal shall
contain, among other things, detailed information and instructions relating to the preparation and
filing of proposals; technical standards regarding the installation, operation and maintenance of a
Cable System; financial ability and stability to construct, operate, and maintain a Cable System;
history of legal compliance with other types of Franchise Agreements and commitment to
comply with the legal requirements of the City; and the criteria to be used in evaluation of
applicant proposals.
Criteria for selection of Franchisee. Applicants for a new Franchise shall be evaluated
according to the following criteria:
Nonprofit ownership. A preference shall be given to applicants for a Franchise
representing nonprofit organizations.
Service priorities. A preference shall be given to System capability in terms of no
costs telecasting production facilities and Service available to municipal and educational
institutions and community groups and individuals. Preference shall be given to System
provisions for two-way nonvoice communications. Preference shall be given to the
maximum total Channels provided by the System.
Installation plan. A preference may be given to an installation plan that would
provide flexibility needed to adjust to new developments, maintenance practices, and
services that would be available to the Subscriber and the community immediately and in
the future.
Financial soundness and capability. The evidence of financial ability required in
the applicant’s proposal shall be such as to assure ability to complete the entire System
within a minimum of two (2) years from the date the Franchisee receives an FCC
certificate of compliance and to operate a fiscally sound System throughout the term of
the Franchise.
Demonstrated experience in operating a Cable System under City Franchise.
Preference shall be given upon satisfactory evidence of the applicant’s experience in
operating a Cable System under a City Franchise, where such evidence would show or
tend to show or confirm the ability of the applicant to furnish sufficient and dependable
Service to the potential public and users.
Educational program. A preference shall be given to a System which presents a
program whereby the City’s public schools may benefit, utilize and develop education
programs for students and Subscribers.
Award of New Franchise; Hearing; Publication of Ordinances. The Board of
Commissioners may award a new Franchise to an applicant only after a public hearing on
the application and proposal, notice of which hearing shall be published in a local
newspaper of general circulation at least twenty (20) days before the date of the hearing.
Any Franchise that is granted shall be authorized by an ordinance of the Board of
Commissioners, which ordinance shall be thereafter published in the manner prescribed
by law in a local newspaper of general circulation.
Renewal of Franchise.
Any renewal of a Franchise shall be governed by and comply with the provisions of 47 U.S.C.
§ 546 of the Cable Act, as amended.
Franchise Conditions.
All Franchises granted pursuant to this Chapter shall be subject to, and shall expressly
indicate that they are subject to, the following provisions:
Any Franchise granted hereunder shall be subject to the right of the City, by
appropriate action of its Board of Commissioners, to revoke the Franchise, after notice
and opportunity to cure for cause shown pursuant to the provisions of this Chapter or the
applicable law of the Commonwealth of Kentucky or the United States of America.
Any Franchise granted hereunder shall be subject to all generally applicable
provisions of City ordinances and any amendments thereto.
Any Franchise granted hereunder shall be subject to the right of the City:
To repeal the same for failure to comply with the provisions of this
Chapter, or any other local, state or federal laws, or Federal Communication
Commission rules or regulations.
To require proper and adequate extensions of the plant and service and
maintenance thereof at the highest practicable standard of efficiency as provided
for in a Franchise Agreement.
To establish reasonable standards of service and quality of products, and
to prevent unjust discrimination in service or rates.
To require continuous and uninterrupted Service to the public in
accordance with the terms of the Franchise throughout the entire period thereof.
To control and regulate the use of its Street, alleys, bridges and public
places and the space above and beneath them. The Franchisee may be required by
the City to permit joint use of its property and appurtenances located in the
Streets, alleys, and public places of the City by the City insofar as such joint use
may be reasonably practicable and upon payment of reasonable rent therefore;
provided that, in the absence of agreement, upon application by any Franchisee,
or the City, the dispute may be submitted and resolved as provided in Section 22-
44(b).
Through its appropriately designated representatives, to inspect all
construction work performed subject to the provisions of the Franchise and this
Chapter, and make such other inspections as it shall find necessary to ensure
compliance with the terms of the Franchise, this Chapter and other pertinent
provisions of law.
At the expiration of the term for which the Franchise is granted, or upon
the termination and cancellation as provided herein, to require the Franchisee to
remove, within eighteen (18) months, at its own expense, the Cable System from
the Public Ways within the City in accordance with Applicable Law.
To require a Franchisee to pay the cost of newspaper publication of a
summary of this Chapter and any amendments thereto in accordance with
generally applicable codes.
Franchise Agreement.
Every Franchisee shall enter into a Franchise Agreement with the City which details the
rights, duties, responsibilities and liabilities of both parties, and which contains an acceptance on
the part of the applicant or Franchisee to the terms of this Chapter and the Franchise Agreement.
Moreover, a new Franchisee may not lay any cable until the Franchise Agreement is executed by
both the new Franchisee and the City.
In addition to those matters required elsewhere in this Chapter to be included in the
Franchise Agreement, it must contain the following express representations of the Franchisee
that:
It accepts and agrees to all the provisions of this Chapter as to construction,
technical standards, operation, and maintenance and rate structures, if permitted by law,
which the City may include in the Franchise Agreement. In the case of a Franchise
renewal, the Franchise Agreement may include exceptions to this Chapter.
It has examined all the provisions of this Chapter.
It recognizes the right of the City to make reasonable amendments to this Chapter,
consistent with the City’s police powers, during the term of the Franchise upon thirty (30)
days’ written notice to the Franchisee.
It recognizes and agrees that it may be considered as a Franchisee for the purposes
of this Chapter.
It expressly recognizes and agrees that it has considered all the provisions of this
Chapter in regard to resolution of disputes, and agrees to be bound by same throughout
the term of the Franchise.
No Franchise shall be exclusive and no Franchisee shall, through the grant of a Franchise,
either written or verbal, be given an unfair competitive advantage over other franchised Cable
Operators (including the City, to the extent required by Applicable Law) providing Cable Service
in the City.
Every Franchise Agreement shall specifically set forth the specific standards which the
Franchisee must maintain in respect to signal quality requirements and technical standards of
construction, operation, and maintenance of the System.
The Franchise Agreement shall contain such further conditions or provisions as may be
included in the request for proposal and/or negotiated between the City and the Franchisee. In
the case of a conflict between any terms or provisions of the Franchise Agreement and this
Chapter, the words of the Franchise shall be deemed to control.
Any application filed for an initial Franchise shall become a part of the Franchise
Agreement and any representations, promises, commitments or volunteered parameters and/or
standards shall become binding upon the Franchisee and its heirs and assigns.
Operational Standards.
State of the art; maintaining system to level of current technology. If a Franchise
authorizes, the City may require a Franchisee, during the term of its Franchise, to construct,
maintain and operate a Cable System that is at a level that reflects the current technology utilized
within the industry.
Construction standards and technical requirements.
Methods of construction, installation, maintenance and repair of any Cable
System shall comply with the National Electrical Safety Code.
It shall be the duty of a Franchisee to undertake a preventative maintenance of the
Cable System in order to ensure that there is no material degradation of the Cable System
that would affect the citizens’ health, safety or welfare, or negatively affect the quality of
the Cable Services being provided.
All wires, conduits, cable, and other property and facilities of a Franchisee shall
be so located, constructed, installed and maintained so as to not endanger or
unnecessarily interfere with usual and customary use, traffic, and travel upon the Streets,
rights-of-way, Easements, and Public Ways of the community.
In the event a Franchisee’s System creates a hazardous or unsafe condition, or an
unreasonable interference with public property, then, at its own expense, the Franchisee
shall, with a reasonable time, voluntarily, or upon the written request of the City, correct
or remove that part of the System that creates the hazardous condition from the subject
property.
A Franchisee shall not place equipment where it will interfere with the rights of
private property owners or with gas, electric or telephone fixtures, or with water hydrants
or mains, or with wastewater lift stations, or any other service or facility in the Public
Ways that benefits the City’s or its residents’ health, safety or welfare.
Subject to reasonable prior written notice, it shall be the responsibility of a
Franchisee (acting alone or in conjunction with another Person) to locate and mark or
otherwise visibly indicate and alert others to the location of underground cable (or its
equivalent) and other utility lines before employees, agents or independent contractors of
a Franchisee install cable in a marked-off area.
A Franchisee shall, on the request of any Person holding a building moving
permit, temporarily remove, raise or lower the cable to allow the moving of the building.
The expense of temporary removal shall be borne by the Person requesting it, and the
Franchisee may require advance payment. The Franchisee shall be given not less than
ten (10) days’ advance written notice in order to facilitate the temporary cable changes.
A Franchisee, at either its own expense, or that of a private contractor, shall
protect the Streets, rights-of-way and Easements, and support or temporarily disconnect,
remove or relocate in the same Street or other Public Way any property of the Franchisee
when necessitated by reason of: traffic conditions; public safety; a Street closing; Street
construction or resurfacing; change or establishment of Street grade; installation of
sewers, drains, water pipes, storm sewers, storm drains, lift stations, force mains, power
or traffic signal lines; or any improvement, construction or repair related to the City’s or
its residents’ health, safety, or welfare. If the City requests the relocation, removal or
reinstallation of Franchisee’s property in any of the Public Ways in the Franchise Area
for the sole purpose of installing or providing Cable Services in competition with
Franchisee, the cost of such relocation, removal or reinstallation shall not be borne by
Franchisee but by the City.
Prior to a Franchisee’s commencing to attach wire, cable (coaxial, fiber or its
functional equivalent) or other fixtures and appurtenances to poles or towers located
within the City, it shall execute license agreements for pole attachments with the
appropriate utility.
The Franchisee shall not discriminate nor permit discrimination between or
among any Persons in the availability of Cable Services provided in connection with the
Cable System in the Service Area. It shall be the right of all Persons to continuously
receive all available Service provided on the Cable System so long as such Person’s
financial or other obligations to the Franchisee are satisfied. Moreover, the City states
that density, proximity and geography, and not economic status, should be the primary
factors used to determine whether a Franchisee should provide Service to one (1) or more
Persons within a part of a Franchisee’s Franchise Area.
A Franchisee shall create, maintain and provide to the City upon written request,
on an annual basis, Cable System route maps. Complete and accurate System maps,
which shall include, but not be limited to, detail of trunks, distribution lines, and nodes
shall be available at Franchisee’s office for the City’s review.
A Franchisee shall construct, operate, maintain, repair, remove, replace or restore
the Cable System in strict compliance with all current generally applicable codes adopted
by the City. The codes referred to specifically include, but are not limited to,
construction, fire and safety codes.
A Franchisee shall obtain, at its expense, all permits and licenses (including pole
attachment agreements) required by law, rule, regulation or local law, and maintain the
same in full force and effect for as long as required. Franchisee shall at all times comply
with the City Code, as may be amended from time to time.
Number of Channels.
The precise Channel capacity that a Franchisee must maintain during the term of the Franchise
shall be detailed in the Franchise Agreement.
Use of Channels.
The City recognizes that pursuant to 47 U.S.C. § 531, the City has certain authority with
respect to certain aspects for Public, Educational or Governmental Access Channel use.
To the extent permitted by law, and in order to fulfill the City’s desired goal of achieving
a PEG Access Channel policy that will facilitate the long-range needs of the City, the Board of
Commissioners adopts the following:
At the time of an initial application or proposal, and unless otherwise provided in
a Franchise Agreement or subsequent renewal Franchise Agreement, a Franchisee shall
pledge to include the following:
A Franchisee shall provide, one (1) educational Access Channel that is
available for providing non-commercial, educational programming.
A Franchisee shall provide, one (1) public Access Channel that is
available for providing non-commercial public access, senior citizen, and library
programming.
A Franchisee shall provide, one (1) governmental Access Channel that is
available for providing noncommercial governmental programming.
If at any time eighty percent (80%) of the total time allocated for a required PEG
Access Channel is consistently used eight (8) hours per day, five (5) days a week for a
period of three (3) consecutive months with non-character generated, non-repetitive
programming, then, upon one hundred twenty (120) days written request, the Franchisee
shall provide one (1) additional PEG Access Channel.
All programming transmitted over PEG Access Channels shall be non-
commercial in nature. Program material to be distributed on PEG Access Channels shall
contain no advertising or commercial content for which consideration is received by City.
Franchisee and City agree that City or the producer or distributor of such programming
may include acknowledgments for Persons which sponsor or underwrite access
programming in a manner substantially similar to the sponsorship information provided
on the Public Broadcasting System (PBS).
Unless otherwise provided in a Franchise, a Franchisee shall provide:
Both mobile, portable and stationary equipment to be used for Access Channel
programming, together with the aid of technical and production assistance provided by
the Franchisee;
Equipment that can store programs for delayed cablecasting; and
Technical production assistance required for PEG access use that may extend to,
but not exceed, fifty (50) actual production man-hours per year.
Unless otherwise specified in a Franchise, the City shall develop a plan for handling
requests for use of PEG Access Channels, facilities or programming. Such a plan shall be
nondiscriminatory in nature and should encourage joint or cooperative efforts on the part of
potential users. However, the City recognizes that, while citizens enjoy considerable first
amendment freedoms, these freedoms, nonetheless, must be weighed against the legitimate
health, safety and welfare interests of all citizens in the Service Area. Consequently, when a
request for access time is made by a culturally unpopular, politically controversial, or
racially/ethnically/religiously intolerant organization, the City may require safeguards which
minimize or lessen the possibility and probability that such espoused viewpoints will damage the
community fabric. The City may declare the speech is culturally obscene in that it was or would
be so morally devoid or culturally offensive that it either dramatically reduced the overall value
of other services provided on the Cable System or posed a discernible risk of disrupting the
spiritual, political or racial fabric of the community. However, the safeguards imposed may only
be as much as is necessary to accomplish the City’s objectives. The safeguards include
restricting such programming to non-prime-time hours (before 7:00 p.m. and after midnight) and
allowing the audio, but not video, of such programming to be provided over the PEG Access
Channel. For purposes of this Chapter, a culturally unpopular, politically controversial, or
racially/ethnically/religiously intolerant organization is one whose viewpoints or displays have
no redeeming social, historical or artistic value, and undermine the community fabric.
Public Service Installations.
Each Franchise granted by the City shall specify the Franchisee’s commitment to public service
installations and complimentary services.
Right of City to Purchase System.
Purchase upon expiration of term. Subject to Section 626 of the CCPA (47 U.S.C.
§ 546), other applicable law, and with the consent of Franchisee, upon expiration of the term of
the Franchise, the City, at its selection, and upon payment to the Franchisee of a price equal to
the fair market value of the System as a going concern and on the same terms and conditions as
offered by other parties, including physical assets and intangibles, including good will, in
accordance with the accepted and usual industry practices (except the valuation of the Franchise
privilege itself), shall be given the opportunity to purchase the System.
Purchase upon default. Upon lawful termination of the Franchise rights as provided for
by this section or by law occasioned by the substantial breach of provisions of the Franchise
Agreement or this Chapter and with the consent of Franchisee, the City, at its selection and upon
payment to the Franchisee of a price equal to the fair market value of the System as a going
concern, including physical assets and intangibles, including good will, in accordance with
accepted and usual industry practices (except that the valuation shall not include any valuation of
the Franchise privilege itself), shall be given the opportunity to purchase the System. In the case
of the City’s purchase of the System and the circumstances, the Franchise shall transfer to the
City possession and title to all facilities and property, real and personal, of the Cable System
business, free from any and all liens and encumbrances. This provision, however, may be
waived by the City at its option, in whole or in part.
Transactions Affecting Ownership or Control of Franchise Facilities.
In accordance with Applicable Law, to protect the interest of the City under any
Franchise granted pursuant to this Chapter, the Franchisee shall not transfer, transfer control, or
otherwise assign the Cable System or Franchise to a third party without adherence to the
provisions of subsections (1) and (2) below:
Without the express approval of the Board of Commissioners, which shall not be
unreasonably withheld; and
Without a written assent filed with the Board of Commissioners binding upon the
Person in whom any right, power, privilege, duty, title, interest, claim or demand in or to
the Franchise or the System is created or vested, to the effect that such right, power,
privilege, duty, title, interest, claim or demand is and shall be held and exercised subject
to all the terms and provisions of the Franchise, including this Chapter. The Board of
Commissioners may require such written assent to be contained in any instrument or
document creating or vesting such right, power, privilege, duty, title, interest, claim or
demand. Provided, however, that this subsection (a)(2) shall not apply to the disposition
of worn-out or obsolete facilities or personal property in the normal course of carrying
out the Cable System business.
Prior approval of the Board of Commissioners shall be required for any sale, transfer,
exchange or assignment of stock in Franchisee, or Franchisee’s parent corporation or any other
entity having a controlling interest in Franchisee, so as to create a new controlling interest
therein, shall be subject to the requirements of this Section 22-42. The term “controlling
interest” as used herein is an acquisition of 51% or greater ownership interest in the Franchisee,
but includes actual working control in whatever manner exercised.
No Franchise may be transferred unless such transfer is approved by the Board of
Commissioners, by ordinance, after public hearing, such approval not to be unreasonably
withheld. No such approval shall be required, however, for (i) a transfer in trust, by mortgage,
hypothecation, or by assignment of any rights, title, or interest of the Franchisee in a Franchise or
the Cable System in order to secure indebtedness, or (ii) an internal transfer to an entity directly
or indirectly owned or controlled by the parent corporation of Franchisee. The City shall process
all requests in accordance with applicable FCC regulations and other Applicable Laws.
By its acceptance of a Franchise, the Franchisee specifically concedes and agrees that any
acquisitions or transfers set forth in subsections (b) and (c) above, without prior approval of the
Board as may be required, shall constitute a violation of the Franchise and this Chapter by the
Franchisee.
Receivership; Foreclosure.
Any Franchise shall, at the option of the Board of Commissioners, cease and terminate
one hundred twenty (120) days after the appointment of a receiver or receivers or trustee or
trustees to take over and conduct the business of the Franchisee, whether in a receivership,
reorganization, bankruptcy or other action or proceeding, unless such receivership or trustee shall
have been vacated prior to the expiration of the one hundred twenty (120) days or unless:
The receivers or trustees shall have, within one hundred twenty (120) days after
their election or appointment, fully complied with all the terms and provisions of this
Chapter and the Franchise, and the receivers or trustees within the one hundred twenty
(120) days shall have remedied all defaults, if any, under the Franchise; and
The receivers or trustees shall, within the one hundred twenty (120) days, execute
an agreement duly approved by the court having jurisdiction in the premises whereby the
receivers or trustees assume and agree to be bound by each and every term, provision and
limitation of a Franchise.
In the case of a foreclosure or other judicial sale of the plant, property, and equipment of
the Franchise, or any part thereof, including or excluding the Franchise, the Board of
Commissioners or its designee may serve written notice of termination upon the Franchisee and
the successful bidder at such sale, in which event the Franchise and all rights and privileges of
Franchisee hereunder shall cease and terminate thirty (30) days after service of such notice,
unless:
The Board of Commissioners shall have approved the transfer of the Franchise as
and in the manner in this Chapter provided; and
Unless the successful bidder shall have covenanted and agreed with the City to
assume and be bound by all the terms and conditions of the Franchise.
City’s Right of Intervention; Resolution of Disputes.
City’s right of intervention. The Franchisee shall not oppose intervention by the City, at
the City’s expense, in any suit or proceeding to which the Franchisee is a party.
Resolution of disputes.
Intent. It is the intent of the City to provide for the orderly resolution of any
controversy or dispute between the Franchisee and the City arising out of the
enforcement or interpretation of any provision of this Chapter, the Franchise Agreement,
or any rule, regulation or procedure relating to cable communication matters. Unless
otherwise provided for in a Franchise Agreement, negotiation between the parties and
fact finding shall be the means of resolving the great majority of such controversies or
disputes. Neither fact finding nor mediation, however, shall be the first resort of the
parties, but shall be undertaken only after a reasonable time has been taken to reach
agreement by negotiation between the parties.
Fact finding. Any material controversy or dispute, upon the election of both the
City and the Franchisee, may be submitted to an expert individual acceptable to both
parties for an investigation of the facts and a report thereof. Such fact finding shall be for
the purpose of developing better information for the use of both parties and shall not be
binding on either party. All reasonable fees and other expenses resulting from such fact
finding shall be equally borne by both the City and the Franchisee.
Mediation. Any material controversy or dispute, upon the election of either the
City or the Franchisee, may be submitted to an expert individual acceptable to both the
Franchisee and the City for the purpose of facilitating discussion and receiving new
perspectives on the issues and new proposals for compromise. Such mediation shall not
be binding on either party. All reasonable fees or expenses resulting from such mediation
shall be equally borne by both the City and the Franchisee.
Fees and expenses. The reasonable fees of single experts as provided for above
shall be jointly borne by the Franchisee and the City. In no event shall the City be
obligated for more than one-half of the expenses.
Submission of Reports and Data.
Filings and communications with regulatory agencies. At any time the FCC or another
federal or state agency requires or requests the submission of reports, data or other information
by a Franchisee, then such Franchisee shall, upon reasonable written request, submit those
reports, data or other information to the City. However, unless specifically authorized by state or
federal statute, a Franchisee shall not be required to submit state or federal tax returns.
Reports. City shall have access to, and the right to inspect, during normal business hours,
books and records of Franchisee related to the operation of the Cable System, necessary to
ensure compliance with the terms of this Ordinance and a Franchise held by a Franchisee. If the
requested books and records are too voluminous, or for security reasons cannot be copied or
removed, then Franchisee may request, in writing within ten (10) business days, that City inspect
them at Franchisee's local area office. If any books or records of Franchisee are not kept in a
local office or if unavailable electronically, Franchisee will provide or otherwise make such
documents available for inspection and review at the local office within ten (10) business days.
Upon request, Franchisee shall provide City with a sample Cable Services bill, on
a monthly basis. Cable Services bills associated with complimentary services accounts
may satisfy this requirement.
Franchisee shall at all times maintain and allow City, with reasonable notice
(minimum two (2) working days and maximum five (5) working days), access and the
right to review a full and complete set of digital plans, records and maps compatible with
ESRI Shape Files showing the approximate location of all Cable System equipment
installed or in use in the City, exclusive of electronics, Subscriber drops and equipment
provided in Subscribers’ homes. These maps shall be maintained in the format described
herein and provided to the City upon request as set forth above, but not more frequently
than twice annually, for the City’s use only.
The ability for City to obtain records and information from Franchisee is critical
to the administration of this Ordinance and the Franchise. Therefore, Franchisee's failure
to comply with the requirements of this Section may result in enforcement by City as
permitted herein and under Applicable Laws.
Insurance; Bonds; Indemnification.
Liability and indemnification of City. The Franchisee shall indemnify and hold harmless
the City at all times during the term of the Franchise and specifically agree that it will pay all
damages and penalties which the City may be legally required to pay as a result of the
Franchisee’s actions or omissions as it relates to the construction, operation and maintenance of
the Cable System. Such damages and penalty shall include, but not be limited to, damages
arising out of copyright infringements, and other damages arising out of the installation,
operation or maintenance or the Cable System authorized herein, whether or not any act or
omission complained of is authorized, allowed or prohibited by the Franchise. In the case suit
shall be filed against the City, either independently or jointly with the Franchisee, to recover for
any claim or damages, the Franchisee, upon written notice to it by the City, shall defend the City
against the action and, in the event of a final judgment being obtained against the City, either
independently or jointly with the Franchisee, solely by reason of the acts of the Franchisee, the
Franchisee will pay the judgment and all costs and hold the City harmless therefrom. This
provision is intended to address lawsuits brought by third parties related to the actions of the
Franchisee and the City and not lawsuits independently brought by the City against Franchisee or
independently brought by the Franchisee against the City.
Performance bond. Upon the effective date of the Franchise Agreement requiring
System construction, the Franchisee shall furnish proof of the posting of a faithful performance
bond running to the City, with good and sufficient surety approved by the City, in the initial sum
of Two Hundred Fifty Thousand and No/100 Dollars ($250,000.00). Upon completion of any
System construction/upgrade the bond shall be reduced to Twenty-five Thousand and No/100
Dollars ($25,000.00). The bond shall be conditioned that the Franchisee shall well and truly
observe, fulfill and perform each and every term and condition of this Chapter and the Franchise
Agreement, and that, in the case of any breach of condition of the bond, the amount thereof shall
be recoverable from the principal and the surety, jointly and severally, thereof by the City for all
damages resulting from the failure of the Franchisee to well and truly observe and perform any
provisions of this Chapter or the Franchise Agreement. The aforesaid bond shall be maintained
by the Franchisee throughout the term of the Franchise and written evidence of the payment of
the required payments shall be filed and maintained both with the office of the City Manager and
the Authority.
Insurance.
The Franchisee shall be required to maintain insurance in such forms and in such
companies as shall be approved by the City, such approval not to be unreasonably
withheld, to protect the City and the Franchisee from and against any and all claims,
injury or damage to persons or property, both real and personal, caused by the
construction, erection, operation or maintenance of any aspect of the system. The amount
of such insurance shall not be less than the following:
General liability insurance:
Bodily injury per Person: $3,000,000.00.
Bodily injury per occurrence: $5,000,000.00.
Property damage per occurrence: $1,000,000.00.
Property damage aggregate: $1,000,000.00.
Automobile insurance:
Bodily injury per Person: $1,000,000.00.
Bodily injury per occurrence: $3,000,000.00.
Property damage per occurrence: $1,000,000.00.
Workmen’s compensation insurance shall also be provided as required by the
laws of the Commonwealth of Kentucky. All said insurance shall name the City as an
additional insured and shall provide a ten (10) day notice to the City Clerk in the event of
material alteration or cancellation of any coverage afforded in the policies prior to the
date the material alteration or cancellation shall become effective. Copies of all policies
required hereunder shall be furnished to and filed with the City Clerk and the Authority
prior to the commencement of operations or the expiration of prior policies, as the case
may be.
Nonwaiver. Neither the provisions of this section nor any bonds accepted by the City
pursuant hereto, nor any damage recovered by the City hereunder, shall be construed to excuse
unfaithful performance by the Franchisee or limit the liability of the Franchisee under this
Chapter or the Franchise for damages either to the full amount of the bond or otherwise.
Secs. 22-47--22-70. Reserved.
ARTICLE III. RATES AND CHARGES
Sec. 22-71. Rates, Charges and Refunds.
Rates subject to local regulation. City may regulate rates for the provision of Cable
Service, equipment, or any other communications service provided over the System in
accordance with applicable federal law, in particular 47 C.F.R. Part 76 subpart N. In the event
the City chooses to regulate rates it shall, in accordance with 47 C.F.R. § 76.910, obtain
certification from the FCC, if applicable. The City shall follow all applicable FCC rate
regulations and shall ensure that appropriate personnel are in place to administer such
regulations. City reserves the right to regulate rates for any future Services to the extent
permitted by Applicable Law.
Rate changes; discrimination. In accordance with applicable law:
Access to Cable Service shall not be denied to any group of potential residential
Subscribers because of the income of the residents of the local area in which such group
resides. However, nothing herein shall prohibit a Franchisee from denying Service based
on location of a residence if that residence is outside either the defined Service Area or
line extension criteria specified in a Franchise.
Equal opportunity in employment shall be afforded by a Franchisee to all
qualified Persons and no Person shall be discriminated against in employment by a
Franchisee because of race, color, religion, national origin, age or sex.
A Franchisee shall not, as to rates and charges or use of a Franchisee’s facilities or
equipment, allow or grant any undue preference or advantage on the basis of race, color,
religion, national origin, age, sex or location of residence. Nothing herein shall prohibit a
Franchisee from offering a promotional or incentive discount rate or charge or from
offering customized bulk billing arrangements.
Franchise Fees.
The Franchisee shall pay to the City a Franchise Fee equal to five percent (5%) of annual
Gross Revenues received from the operation of the Cable System to provide Cable Service in the
Franchise Area; provided, however, that Franchisee shall not be compelled to pay any higher
percentage of Franchise Fee than any other video service provider providing Service in the
Franchise Area. The payment of Franchise Fees shall be made on a quarterly basis and shall be
due forty-five (45) days after the close of each calendar quarter. Each Franchise Fee payment
shall be accompanied by a report prepared by a representative of the Franchisee showing the
basis for computation of the Franchise Fees paid during that period.
Upon reasonable notice, the City shall have the right during Normal Business Hours to
inspect the Franchisee’s records relevant to the payment of Franchise Fees and the right to audit
and to re-compute any amounts determined to be payable under a Franchise Agreement, this
Ordinance and Applicable Laws. The audit period may not extend back beyond the maximum
time period permitted under the applicable state statute of limitation for contracts (KRS 413.120)
under the laws of the State of Kentucky. If, as a result of such audit, the City determines that the
Franchisee has underpaid its fees to the City six percent (6%) or more, then: 1) the undisputed
amount will be due to the City within thirty (30) days following written notice to Franchisee by
the City, which notice shall include a copy of the audit report; and 2) in addition to making full
payment of the relevant obligation, the Franchisee shall reimburse the City for all of the
reasonable costs associated with the audit or review, including costs for attorneys, accountants
and other consultants. Any additional undisputed amount due to the City as a result of an audit
shall be paid within thirty (30) days following written notice to Franchisee by the City.
Resolution of any disputes over the classification of revenue should first be attempted by
agreement of the Parties, but should no resolution be reached, the Parties agree that reference
shall be made to generally accepted accounting principles (“GAAP”) as promulgated and defined
by the Financial Accounting Standards Board (“FASB”), Emerging Issues Task Force (“EITF”)
and/or the U.S. Securities and Exchange Commission (“SEC”). Notwithstanding the forgoing,
the City reserves its right to challenge Franchisee’s calculation of Gross Revenues, including the
interpretation of GAAP as promulgated and defined by the FASB, EITF and/or the SEC.
Nothing in this Ordinance shall in any way be construed to prohibit the City from
collecting any fees, taxes or assessments as may be permitted by Applicable Laws, including
Kentucky Revised Statutes and City hereby reserves any and all rights in accordance with
Applicable Laws.
Secs. 22-73--22-90. Reserved.
ARTICLE IV. CUSTOMER PROTECTION AND SERVICE STANDARDS
Sec. 22-91. Notice of Rights and Responsibilities.
General policy.
The City recognizes that it is critical that a customer fully understands and
realizes the rights and responsibilities of both the customer and Franchisee with respect to
the provisions, maintenance and repair of Cable Service.
Further, the City believes that, if sufficient information is provided to a customer
on certain customer service practices, such as rates, billing periods, and number and types
of service provided, then that customer will have the information necessary to make an
informed decision on what, if any, Cable Services to subscribe to and receive.
In order to provide customers with the variety of information needed to make an
informed decision, and to ensure that customers are notified of their and the Franchisee’s
rights and responsibilities with respect to the Cable System, a Franchisee must provide a
customer with a written notice of a customer’s and Franchisee’s rights and
responsibilities with respect to the provision of Cable Service.
Notifications to Subscribers. Franchisee shall provide printed or electronically available
information on each of the following areas at the time of installation of Cable Service, at least
annually to all Subscribers, and at any time upon request:
Products and Services offered;
Prices and options for programming Services and conditions of subscription to
programming and other Services;
Installation and Service maintenance policies;
Instructions on how to use the Cable Service;
Channel positions of the programming carried on the System; and
Billing and complaint procedures, including the address and telephone number of
the City.
Subscribers will be notified of any changes in rates, programming services or Channel
positions as soon as possible in writing or electronically. Notice must be given to Subscribers a
minimum of thirty (30) days in advance of such changes if the changes are within the control of
the Franchisee. In addition, the Franchisee shall notify Subscribers thirty (30) days in advance of
any significant changes in the other information required by this Section 22-91. Franchisee shall
not be required to provide prior notice of any rate changes as a result of a regulatory fee,
Franchise Fee, or other fees, tax, assessment or charge of any kind imposed by any federal
agency, state or City on the transaction between the operator and the Subscriber. New Channels
and services may be offered with less than the required notice so long as there is no additional
charge or the Channel or service is sold on a subscription basis.
All programming decisions remain the discretion of Franchisee in accordance with the
Franchise, provided that Franchisee notifies City and Subscribers in writing thirty (30) days prior
to any Channel deletions or realignments directed to each Subscriber individually by any
reasonable means available to and at the discretion of the Franchisee consistent with applicable
law, and further subject to Franchisee’s signal carriage obligations hereunder and pursuant to 47
U.S.C. § 531-536, and further subject to City’s rights pursuant to 47 U.S.C. § 545.
Customer Service Office and Telephones.
Unless otherwise provided for in a Franchise Agreement, Franchisee shall maintain a
convenient local customer service and bill payment location in the City for receiving Subscriber
payments, handling billing questions, equipment replacement and customer service information.
The Franchisee shall comply with the standards and requirements for customer service set forth
below and shall comply with all applicable regulations relating to customer service obligations,
including any amendments to 47 C.F.R. § 76.309 during the term of the Franchise, that impose
higher or additional customer service standards on a Cable Operator.
Cable System office hours and telephone availability:
Franchisee will maintain a local, toll-free or collect call telephone access line
which will be available to its Subscribers twenty-four (24) hours a day, seven (7) days a
week.
Trained Franchisee representatives will be available to respond to
customer telephone inquiries during Normal Business Hours.
After Normal Business Hours, the access line may be answered by a
service or an automated response system, including an answering machine.
Inquiries received after Normal Business Hours must be responded to by a trained
Franchisee representative on the next business day.
Under Normal Operating Conditions, telephone answer time by a customer
representative, including wait time, shall not exceed thirty (30) seconds when the
connection is made. If the call needs to be transferred, transfer time shall not exceed
thirty (30) seconds. These standards shall be met no less then ninety percent (90%) of the
time under Normal Operating Conditions, measured on a quarterly basis.
Franchisee shall not be required to acquire equipment or perform surveys to
measure compliance with the telephone answering standards above unless an historical
record of complaints indicates a clear failure to comply.
Under Normal Operating Conditions, the customer will receive a busy signal less
than three percent (3%) of the time.
Customer service center and bill payment locations will be open at least during
Normal Business Hours.
Installations, Outages and Service Calls. Under Normal Operating Conditions, each of
the following standards will be met no less than ninety-five percent (95%) of the time measured
on a quarterly basis:
Standard Installations will be performed within seven (7) business days after an
order has been placed. “Standard” Installations are those that are located up to one
hundred fifty (150) feet from the existing distribution cable.
Excluding conditions beyond the control of Franchisee, Franchisee will begin
working on “Service Interruptions” promptly and in no event later than twenty-four (24)
hours after the interruption becomes known. Franchisee must begin actions to correct
other Service problems the next business day after notification of the Service problem.
Franchisee shall resolve all Service Interruptions within forty-eight (48) hours under
Normal Operating Conditions.
The “appointment window” alternatives for Standard Installations, Service calls,
and other installation activities will be either a specific time or, at maximum, a four (4)
hour time block during Normal Business Hours. (Franchisee may schedule Service calls
and other installation activities outside of Normal Business Hours for the express
convenience of the customer.)
Franchisee may not cancel an appointment with a customer after the close of
business on the business day prior to the scheduled appointment.
If Franchisee’s representative is running late for an appointment with a customer
and will not be able to keep the appointment as scheduled, the customer will be contacted
prior to the time of the scheduled appointment. The appointment will be rescheduled, as
necessary, at a time which is convenient for the customer.
Under Normal Operating Conditions, if Franchisee cannot perform installations
within the times specified in applicable customer standards, the Subscriber shall, upon
request, receive a credit equal to the charge for a Standard Installation. For any
installation that is not a free installation or a Standard Installation, Franchisee shall
provide the Subscriber with a written estimate of all charges within seven (7) days of a
request by the Subscriber. Failure to comply will subject Franchisee to appropriate
enforcement actions. This section does not apply to the introduction of new products and
services when Franchisee is utilizing a phased introduction.
Special Requirements for the Disabled.
In addition to any other requirements mandated by this Chapter, or by federal or
Commonwealth law, a Franchisee shall comply with the following special service requirements
for blind, hearing-impaired or wheelchair customers:
Provide wheelchair accessibility to a Franchisee’s customer service office.
For any customer declared legally blind by the Commonwealth, a Franchisee must
provide at a non-discriminatory cost, if requested by the customer, large-type, braille,
voice-synthesized or functionally equivalent notices, bills and other pertinent
information.
Provide, upon request, either: 1) assistance with identifying a consumer
electronics source; or 2) at a reasonable, non-discriminatory cost, a device sufficient to
enable closed-captioning services for a hearing-impaired Subscriber.
Provide, at a nondiscriminatory cost, a remote-control device and/or Converter for
wheelchair Subscribers or Subscribers with a permanent medical or physical ambulatory
impairment.
Where applicable, provide modified or special instructions for use of equipment
by Subscribers who have physical impairments.
Reserved.
Restoration of Subscribers’ Property.
At any time a Franchisee disturbs the yard, residence, or other real or personal property
of a Subscriber, the Franchisee shall ensure that the Subscriber’s yard, residence, or other real or
personal property is returned, replaced and/or restored to a condition that is comparable to its
condition immediately before the disturbance to the extent such corrective action cannot be
accomplished. The Franchisee shall reimburse a Subscriber, or private property owner, for any
damage caused by the Franchisee, subcontractor or independent contractor in connection with
the disturbance of a Subscriber’s or private property owner’s property if Franchisee fails to
perform the restoration work required herein.
The types of acts specifically included in this section are the following:
Removal of a Subscriber’s sod, lawn, plants, shrubbery, flowers, trees, driveway
or fence to install a trench or repair, replace, remove or locate cable or other equipment of
the Franchisee.
Installation or removal of a cable or other equipment of the operator within a
Subscriber’s residence, or around a Subscriber’s swimming pool or tennis court, or which
requires drilling, excavating, plastering or the like on the part of the Franchisee.
Temporarily relocating or moving a piece of personal property of a Subscriber
(such as a motor vehicle, fence, garden hose or the like) in order to perform some sort of
construction or maintenance on the Cable System.
Permanently removing a Franchisee’s cable or equipment due to either the
revocation, termination or nonrenewal of a Franchise or the abandonment, withdrawal or
cessation of Cable Service to any portion of the City.
The requirements for the Franchisee extend to any contractor that the Franchisee might
employ to perform the tasks outlined.
In light of the foregoing, a Franchisee has the authority to trim trees of a private property
owner (including a Subscriber) only to the extent necessary to prevent the branches of the tree
from coming in contact with the Franchisee’s wires and cables.
Emergency Alert and Availability of Parts and Personnel.
Emergency alert; standby power.
At all times a Franchisee shall provide and maintain an Emergency Alert System
(EAS) consistent with Applicable Law and regulations including 47 CFR, Part 11, and
any Kentucky Emergency Management requirements. The City may identify authorized
emergency officials for activating the EAS consistent with Kentucky Emergency
Statewide Plan (“EAS Plan”). The City may also develop a local plan containing
methods of EAS message distribution, subject to Applicable Law and the EAS Plan.
In addition to any other requirements listed in this Chapter, a Franchisee shall
cooperate with the City on the use and operation of the emergency alert override system.
As one method of providing continuity of services in the event of a natural,
manmade or disaster emergency, a Franchisee shall, unless exempted by the City,
maintain equipment capable of providing automatic standby power for a minimum of two
(2) hours, strategically placed in locations along the Cable System trunkline in order to
minimize the number of Subscribers affected by interruption of Service.
Availability of parts and personnel.
Except in times of natural, manmade or disaster emergency, a Franchisee shall
make a reasonable effort at all times to keep and maintain a sufficient and adequate
inventory of maintenance and repair parts and equipment for the Cable System, so that
the Franchisee can respond to, and correct, all Subscriber interruptions within the
specified time periods.
Except in times of natural, manmade, or disaster emergency or strike (whose
duration has been more than seventy-two (72) hours), a Franchisee shall make a
reasonable effort to have sufficient maintenance and repair personnel so that the
Franchisee can respond to, and correct, all Subscriber Service Interruptions within the
specified time periods.
Billing Practices; Billing Credit; Disconnection for Nonpayment of Charges.
Billing practices.
Bills must be clear, concise and understandable. Bills must be fully itemized,
with itemizations including, but not limited to, basic and premium service charges and
equipment charges. Bills will also clearly delineate all activity during the billing period,
including optional charges, rebates and credits.
In case of a billing dispute, the Franchisee must respond to a written complaint
from a Subscriber within thirty (30) days.
At all times Franchisee’s billing practices shall comply with 47 C.F.R § 76.1619.
Billing credit. A Franchisee shall provide a Subscriber, upon request, with credit for a
Service outage exceeding twenty-four (24) hours and for substandard signal, picture or sound
quality exceeding twenty-four (24) hours.
Disconnection for nonpayment. A Subscriber shall not be considered disconnect for non-
payment until at least thirty (30) days after the posting of the bill to the Subscriber and payment
has not been received by the Franchisee.
Voluntary Disconnection.
At any time, a Subscriber may request that a particular service tier, service cluster, Pay
Television, premium Channel, informational service or the entire Cable Service be discontinued.
From the date that such a Subscriber makes such a request, the Franchisee shall have up
to five (5) business days to disconnect the service tier, service cluster, Pay Television, premium
Channel, informational service or entire Cable Service. In the event that a Franchisee does not
disconnect Service within five (5) business days, a Subscriber’s obligation to pay for such
Service shall cease.
Notwithstanding the above provisions, and in order to reduce Subscriber abuse of this
voluntary disconnection policy, a Subscriber shall be charged a minimum of one (1) month’s full
rate for any one (1) service (basic, premium, informational, cluster or tier) which is disconnected
at least three (3) times in a span of one hundred eighty (180) days.
Unless damage has occurred or Franchisee’s equipment has not been returned, no
excessive, unreasonable or punitive fee may be passed on to a Subscriber for the actual
disconnection of a Channel or Service if the disconnection involves a single residence with fewer
than five (5) outlets.
Any refund due a Subscriber after disconnection (both for nonpayment and voluntary)
shall be made within sixty (60) days after such disconnection.
Protection of Subscriber Privacy.
Written permission from the Subscriber shall not be required for the conducting of
system wide or individually addressed electronic sweeps for the purpose of verifying System
integrity or monitoring for the purpose of billing. Confidentiality of such information shall be
subject to the provision set forth above.
The Franchisee shall, at all times, comply with all applicable federal and state privacy
law including Section 631 of the Cable Act and any regulations adopted pursuant thereto. The
City shall have the right to enforce Franchisee’s compliance with said privacy law to the
maximum extent permitted under applicable laws.
Substandard Picture Quality.
The City recognizes that a cable Subscriber is a consumer. As such, there is no more
important factor for the cable Subscriber in terms of enjoying the provision of video or other
programming services offered by a Franchisee than the provision of good and acceptable picture
and sound quality.
The City declares as one of its primary objectives to preserve, protect, and promote that
all cable Subscribers within the City receive good and acceptable picture and sound quality.
At a minimum, the Franchisee must meet all FCC standards that relate to the reception of
broadcast signals. Moreover, the Franchisee must provide sound and picture quality that does
not suffer from constant and/or recurring degradation or requires frequent (more than ten (10)
times in one (1) year) adjusting or servicing by a Franchisee customer service technician or a
Franchisee field service technician.
To prevent possible abuse, a Subscriber shall pay for all administrative and Franchisee
costs associated with examining substandard picture and sound quality if it is administratively
determined that the Subscriber’s claim is unwarranted and without foundation.
The City reserves the right to develop and adopt comprehensive regulations on the
technical aspects of signal quality should the FCC permit such.
Use and Return of Equipment; Security Deposits.
If needed for proper operation or requested by a customer, a Franchisee shall provide to a
customer printed or electronic instructions on the proper use of the rented, loaned, leased or
purchased equipment. A Franchisee may comply with this section (except in the case of sight- or
hearing-impaired customers) by delivering the manufacturer’s instructions to a customer.
A Franchisee is not required to seek a security deposit from a customer for the use or
rental of a Franchisee’s equipment.
When a security deposit is required from a customer by a Franchisee, the customer shall
first receive a written statement from the Franchisee acknowledging that the equipment is in
working order.
Continuity of Service.
The City declares that, as part of its right to establish cable customer service guidelines, it
has the duty to ensure continuity of Cable Service for all Subscribers. In that light, the City also
determines that it may take appropriate measures in order to ensure that no portion of the City is
threatened or faced with a disruption, interruption or discontinuance of Cable Service due to the
actions of any Franchisee.
In addition to the above principles and ideals, the City also expresses that its policy
covers the following:
Providing for continuity of Cable Service in the event of acquisition by the City;
Providing for continuity of Cable Service in the event of a proposed
abandonment, withdrawal or cessation of Cable Service by a Franchisee;
Providing for continuity of Cable Service in the event of the lawful revocation,
termination or nonrenewal of a cable Franchise;
Providing for continuity of Cable Service in the event of a transaction that affects
the ownership of control of the Cable Operator or Franchisee;
Providing for continuity of Cable Service in the event of an expiration of a
Franchise; and
Preventing disruption of Cable Service which would provide a hardship on those
Subscribers who rely on Cable Service as their primary or secondary source for
information.
Whenever any situation occurs (including those mentioned above) which threatens the
City and Subscribers with loss or interruption in the continuity of Cable Service, then the City
may direct the Franchisee and/or Cable Operator to do everything in its power to ensure that all
Subscribers receive continuous, uninterrupted Cable Service.
During any interim period, the City shall work with the Franchisee in order to secure a
new Cable System owner or rectify the problem, so that threat of loss of continuity is removed at
the earliest possible time.
During any interim period in which the Franchisee continues to provide Cable Service to
Subscribers, the Franchisee is entitled to all revenues collected, except for any sums owed
(including Franchise Fees, Alternative User Charges and taxes) to the City or other Persons in
accordance with Applicable Law.
Resolution of Complaints.
A Franchisee is required to develop a comprehensive complaint/inquiry resolution policy
that is consistent with the policies outlined in these customer service practices.
A Franchisee’s resolution policy shall be reduced to writing and such policy shall be
available upon request to any Subscriber.
Date of Compliance.
Unless relief is granted by the City, or unless otherwise provided for in a Franchise
Agreement, the Franchisee operating under a renewed Franchise shall have either one (1) year
from the date that this Chapter becomes effective or nine (9) months from the date that a
Franchise Agreement (initial or renewal) becomes effective.
All new Franchisees shall be required to comply from the date of execution of the
Franchise Agreement.
Secs. 22-105--22-130. Reserved.
ARTICLE V. ADMINISTRATION AND ENFORCEMENT
Sec. 22-131. Compliance Required.
The Franchisee shall not be relieved of its obligation to comply promptly with any of the
provisions of the Franchise by any failure of the City to enforce prompt compliance.
SECTION 2. SEVERABILITY. That if any section, paragraph or provision of
this Ordinance shall be found to be inoperative, ineffective or invalid for any cause, the
deficiency or invalidity of such section, paragraph or provision shall not effect any other section,
paragraph or provision hereof, it being the purpose and intent of this Ordinance to make each and
every section, paragraph, and provision, hereof separable from all other sections, paragraphs and
provisions.
SECTION 3. COMPLIANCE WITH OPEN MEETINGS LAWS. The City
Commission hereby finds and determines that all formal actions relative to the adoption of this
Ordinance were taken in an open meeting of this City Commission, and that all deliberations of
this City Commission and of its committees, if any, which resulted in formal action, were in
meetings open to the public, in full compliance with applicable legal requirements.
SECTION 4. EFFECTIVE DATE. This Ordinance shall be read on two
separate days and become effective upon summary publication pursuant to KRS 424.
SECTION 5. REPEAL OF ORDINANCES. Upon the publication and on the
effective date of this ordinance, the following Chapter of the Code of Ordinances of the City of
Paducah, Kentucky shall be repealed in its entirety and superseded with this Ordinance: Chapter
22.
____________________________________
Brandi Harless, Mayor
ATTEST:
____________________________________
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, December 17, 2019
Adopted by the Board of Commissioners, _______________________________
Recorded by City Clerk, _______________________________
Published by The Paducah Sun, ___________________________________
\ord\ 22 - Cable Communications Repeal & Replace 2019
5850532v1
CHAPTER 22 CABLE COMMUNICATIONS
CITY OF PADUCAH, KENTUCKY
December 6, 2019
i
5850532v1
TABLE OF CONTENTS
ARTICLE I. IN GENERAL .........................................................................................................1
Sec. 22-1. Title of Chapter..........................................................................................................1
Sec. 22-2. Definitions. ................................................................................................................1
Sec. 22-3. Franchisee May be Required to Pay Associated Costs..............................................4
Sec. 22-4. Fair Employment and Contracting.............................................................................5
Sec. 22-5. Construction of Chapter.............................................................................................5
Sec. 22-6. Compliance with Federal, State and Local Laws. .....................................................5
Sec. 22-7. Effect on New and Existing Franchisees...................................................................5
Sec. 22-8. Delegation of Power..................................................................................................6
Sec. 22-9. City Ownership of Cable System. .............................................................................6
Secs. 22-10--22-30. Reserved.....................................................................................................7
ARTICLE II. FRANCHISE PROVISIONS ................................................................................7
Sec. 22-31. Franchise Required..................................................................................................7
Sec. 22-32. Term; Termination and Cancellation.......................................................................7
Sec. 22-33. Selection of New Franchisee...................................................................................9
Sec. 22-34. Renewal of Franchise. ...........................................................................................10
Sec. 22-35. Franchise Conditions.............................................................................................10
Sec. 22-36. Franchise Agreement.............................................................................................11
Sec. 22-37. Operational Standards............................................................................................12
Sec. 22-38. Number of Channels..............................................................................................14
Sec. 22-39. Use of Channels.....................................................................................................14
Sec. 22-40. Public Service Installations....................................................................................15
Sec. 22-41. Right of City to Purchase System..........................................................................15
Sec. 22-42. Transactions Affecting Ownership or Control of Franchise Facilities..................16
Sec. 22-43. Receivership; Foreclosure. ....................................................................................17
Sec. 22-44. City’s Right of Intervention; Resolution of Disputes............................................17
Sec. 22-45. Submission of Reports and Data............................................................................18
Sec. 22-46. Insurance; Bonds; Indemnification........................................................................19
Secs. 22-47--22-70. Reserved...................................................................................................20
ARTICLE III. RATES AND CHARGES ..................................................................................21
Sec. 22-71. Rates, Charges and Refunds..................................................................................21
Sec. 22-72. Franchise Fees. ......................................................................................................21
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Secs. 22-73--22-90. Reserved...................................................................................................22
ARTICLE IV. CUSTOMER PROTECTION AND SERVICE STANDARDS .....................22
Sec. 22-91. Notice of Rights and Responsibilities....................................................................22
Sec. 22-92. Customer Service Office and Telephones. ............................................................23
Sec. 22-93. Special Requirements for the Disabled..................................................................25
Sec. 22-94. Reserved. ...............................................................................................................25
Sec. 22-95. Restoration of Subscribers’ Property.....................................................................25
Sec. 22-96. Emergency Alert and Availability of Parts and Personnel....................................26
Sec. 22-97. Billing Practices; Billing Credit; Disconnection for Nonpayment of Charges......27
Sec. 22-98. Voluntary Disconnection.......................................................................................27
Sec. 22-99. Protection of Subscriber Privacy...........................................................................28
Sec. 22-100. Substandard Picture Quality................................................................................28
Sec. 22-101. Use and Return of Equipment; Security Deposits...............................................29
Sec. 22-102. Continuity of Service...........................................................................................29
Sec. 22-103. Resolution of Complaints....................................................................................30
Sec. 22-104. Date of Compliance.............................................................................................30
Sec. 22-105--22-130. Reserved. ...............................................................................................30
ARTICLE V. ADMINISTRATION AND ENFORCEMENT .................................................30
Sec. 22-131. Compliance Required. .........................................................................................30
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ARTICLE I. IN GENERAL
Sec. 22-1. Title of Chapter.
This Chapter shall be known as “Chapter 22 Cable Communications of the City’s Code of
Ordinances.”
Sec. 22-2. Definitions.
For the purpose of this Chapter, the following terms, phrases, words, and their derivations shall
have the meaning given herein. When not inconsistent with the context, words in the singular
number include the plural number, and words in the plural number include the singular number.
The word “shall” is always mandatory and not merely directory. The word “may” is directory
and discretionary and not mandatory. Words not defined shall be given their common and
ordinary meaning.
(a)Access Channel. A Public, Educational or Governmental Access Channel which
is carried on a Cable System, but which is not part of any institutional network.
(b)Affiliate shall mean any Person controlling, controlled by or under common
control of a Franchisee.
(c)Annual Gross Revenues or Gross Revenues means any and all revenue derived by
the Franchisee from the operation of the Cable System in the Franchise Area to provide Cable
Service. Cable Service revenue shall include, but is not limited to, revenues from Basic Cable
Service, premium, pay-per-view, pay television, Franchise Fees, late fees, guides, home
shopping revenue, Installation and reconnection fees, upgrade and downgrade fees, advertising
revenue (excluding advertising sales commissions paid to unaffiliated third parties), and
converter rental fees. Gross Revenue shall not include refundable deposits, actual bad debt
write-offs, investment income nor any taxes, fees or assessments of general applicability
imposed or assessed by any governmental authority (a Franchise Fee is not such a tax, fee or
assessment). The City acknowledges and agrees that Franchisee will maintain its books and
records in accordance with GAAP.
(d)Applicable Law means any and all local law, state or federal law, statute, charter,
ordinance, regulation, code, franchise, permit, judgment or decree in accordance with state and
federal law.
(e)Authority. The City of Paducah Board of Commissioners.
(f)Basic Cable Service. Any Service tier which includes the lawful retransmission
of local television broadcast signals and any public, educational, and governmental access
programming required by the Franchise to be carried on the basic tier. Basic Cable Service as
defined herein shall not be inconsistent with 47 U.S.C. § 543(b)(7).
(g)Board. The Board of Commissioners for the City of Paducah, Kentucky.
(h)Cable Operator. Any Person or group of Persons, including a Franchisee, who:
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(1) provides Cable Service over a Cable System and directly or through one
(1) or more affiliates owns a significant interest in such Cable System; or
(2) otherwise controls or is responsible for, through any arrangement, the
management and operation of such a Cable System.
(i)Cable Service or Service. (A) the one-way transmission to Subscribers of (i)
Video Programming or (ii) other programming service, and (B) Subscriber interaction, if any,
which is required for the selection or use of such Video Programming or other programming
service. Cable Service as defined herein shall not be inconsistent with the definition set forth in
47 U.S.C. § 522(6) and § 522(14).
(j)Cable System or System. A facility, consisting of a set of closed transmission
paths and associated signal generation, reception, and control equipment that is designed to
provide Cable Service which includes Video Programming and which is provided to multiple
Subscribers within a community, but such term does not include:
(1) a facility that serves only to retransmit the television signals of one (1) or
more television broadcast stations;
(2) a facility that serves Subscribers without using any Street or Public Way;
(3) a facility of a common carrier which is subject, in whole or in part, to the
provisions of 47 U.S.C. § 201 et seq., except that such facility shall be considered a Cable
System (other than for purposes of 47 U.S.C. § 541(c)) to the extent such facility is used
in the transmission of Video Programming directly to Subscribers, unless the extent of
such use is solely to provide interactive on-demand services;
(4) an open video system that complies with 47 U.S.C. § 573; or
(5) any facilities of any electric utility used solely for operating its electric
utility systems.
(k) Cable Television Channel or Channel. A portion of the electromagnetic
frequency spectrum which is used in a Cable System and which is capable of delivering a
television Channel (as “television Channel” is defined by FCC regulation).
(l)City. The City of Paducah, Kentucky, and all the territory within its presently
existing or future territorial corporate limits. Where appropriate, the term “City” shall refer to it
as a corporate entity and also include its officers, employees and duly authorized representatives.
(m)City Manager. The designated or acting City Manager of the City of Paducah,
Kentucky.
(n)Commonwealth. The Commonwealth of Kentucky.
(o)Converter. Any electric or other device separate and apart from the Subscriber’s
receiver that is capable of converting or changing signals to a frequency not intended to be
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susceptible to interference within the television or video receiver of a Subscriber, and by an
appropriate Channel or other type of selector may also permit a Subscriber to view or otherwise
use signals delivered at designated dial locations, or such other reception and use allocations as
may be applicable and required for the practical use of the signal.
(p)Drop. The cable that connects the ground block on the Subscriber’s residence or
institution to the nearest feeder cable of the System.
(q)FCC or Federal Communications Commission. The federal administrative
agency, or lawful successor, authorized to oversee cable television regulation on a national level.
(r)Franchisee. All Persons, natural or corporate, or any other entity having any
rights, powers, privileges, duties, liabilities or obligations under this Chapter and the Franchise
Agreement, and also all Persons having or claiming any power or interest in or to the System,
whether by reason of the Franchise itself or any subcontract, transfer assignment, mortgage,
pledge, hypothecation, security agreement, management agreement or operating agreement, or
otherwise arising or created.
(s)Franchise or Franchise Agreement. That separate agreement by which a
Franchise is granted to the Franchisee as required by this Chapter. Franchise as defined herein
shall not be inconsistent with 47 U.S.C. § 522(9).
(t)Franchise Area or Service Area. The entire geographic area within the City as it
is now constituted or may in the future be constituted.
(u)Franchise Fee. Any tax, fee, or assessment of any kind imposed by the City or
other governmental entity on Franchisee or Subscriber, or both, solely because of their status as
such. It does not include any tax, fee, or assessment of general applicability (including any such
tax, fee, or assessment imposed on both utilities and Cable Operators or their services but not
including a tax, fee, or assessment which is unduly discriminatory against Cable Operators or
cable Subscribers); capital costs which are required by the Franchise to be incurred by
Franchisee for Public, Educational, or Governmental Access Facilities; requirements or charges
incidental to the awarding or enforcing of the Franchise, including payments for bonds, security
funds, letters of credit, insurance, indemnification, penalties, or liquidated damages; or any fee
imposed under Title 17 of the United States Code.
(v)Normal Business Hours. The term “Normal Business Hours” means those hours
during which most similar businesses in the community are open to serve customers. In all
cases, “Normal Business Hours” must include some evening hours, at least one (1) night per
week and/or weekend hours.
(w)Normal Operating Conditions. Those Service conditions which are within the
control of Franchisee. Those conditions which are not within the control of Franchisee include,
but are not limited to, natural disasters, civil disturbances, power outages, telephone network
outages and severe or unusual weather conditions. Those conditions which are ordinarily within
the control of Franchisee include, but are not limited to, special promotions, pay-per-view
events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of
the Cable System.
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(x)Ordinance or Chapter. Chapter 22 Cable Communications of the City’s Code of
Ordinances.
(y)Pay Television. The delivery over the System of pay-per-channel or pay-per-
program audio-visual signals to Subscribers for a fee or charge, in addition to the charge for
Basic Cable Service or other programming services.
(z)Person. Any individual, corporation, business trust, estate trust, partnership,
association of two (2) or more Persons having a joint common interest, governmental agency or
other legal entity, including the City.
(aa)PEG. Public, Educational or Governmental.
(bb)Public Way. All public Streets and utility easements, as those terms are defined in
the City Code, now or hereafter owned by the City, but only to the extent of the City’s right, title,
interest or authority to grant a license or franchise to occupy and use such Streets and easements
for telecommunications facilities or Cable System.
(cc)Service Day. Any day or other twenty-four (24) hour period, other than a Sunday
or a City-recognized holiday, in which employees of the Franchisee regularly respond to service
requests and calls.
(dd)Service Interruption. The loss of picture or sound on one (1) or more Channels.
(ee)Standard Installation. Any residential or commercial installation which can be
completed using a Drop of one hundred fifty (150) feet or less.
(ff)Street. The surface of and the space above and below any public Street, road,
highway, freeway, lane, path, Public Way or place, sidewalk, alley, boulevard, parkway, drive,
or other easement now or hereafter held by the City, and includes other easements or rights-of-
way as may be now or hereafter held by the City for the purposes of installing poles, wires,
cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and
other devices or property as may be necessary for the construction, operation, and maintenance
of a wire telecommunications system or Cable System.
(gg)Subscriber. A Person lawfully receiving Service delivered over a Cable System
by either a Cable Operator or Franchisee.
(hh)Utility easement. Any easement owned by the City and acquired, established,
dedicated or devoted for public utility purposes not inconsistent with telecommunications
facilities or Cable System.
(ii)U.S.C. United States Code.
(jj)Video Programming. Programming provided by, or generally considered
comparable to programming provided by, a television broadcast station.
Sec. 22-3. Franchisee May be Required to Pay Associated Costs.
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In addition to any other rights the City may have under this Chapter, the City specifically
reserves the right to charge the Franchisee for any and all costs incidental to the awarding or
enforcing of the Franchise as provided for in a Franchise Agreement in accordance with
Applicable Law. Under no circumstances shall the costs exceed two thousand five hundred
dollars ($2,500).
Sec. 22-4. Fair Employment and Contracting.
(a) Equal opportunity in employment shall be afforded by each cable entity to all
qualified Persons, and no Person shall be discriminated against in employment by such entity
because of race, color, religion, national origin, age or sex.
(b) A Franchisee shall exercise its reasonable best effort to use minority
organizations, organizations for women, media, educational institutions, and other potential
sources of minority and female applicants, to supply referrals whenever jobs are available in its
operation and to encourage minority and female entrepreneurs to conduct business with all parts
of its operation.
(c) In addition to the provisions noted above, a Franchisee shall comply with all
Commonwealth laws, FCC regulations, and 47 U.S.C. § 554 as they relate to equal employment
and contracting opportunity within the cable industry.
Sec. 22-5. Construction of Chapter.
(a) This Chapter shall be construed in light of Applicable Laws and regulations
governing cable practices in general and cable consumer practices in particular in accordance
with Applicable Law.
(b) Wherever possible, this Chapter shall be construed with as much flexibility as
possible so that the City might be able to accomplish its goals of protecting the health, safety,
and welfare of the citizenry.
Sec. 22-6. Compliance with Federal, State and Local Laws.
If any federal or state law or regulation shall require or permit City or Franchisee to perform any
service or act or shall prohibit City or Franchisee from performing any service or act which may
be in conflict with the terms of this Ordinance, then as soon as possible following knowledge
thereof, either party shall notify the other of the point in conflict believed to exist between such
law or regulation. Franchisee and City shall conform to state and federal laws and regulations
and rules regarding cable communications as they become effective.
Sec. 22-7. Effect on New and Existing Franchisees.
(a) For Persons awarded a cable Franchise after the effective date, this Chapter shall
have full effect and be enforceable in its entirety and for a Franchise existing on the date that this
Chapter becomes effective, this Chapter shall have no effect during its present Franchise term.
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(b) Notwithstanding the above provisions, a Franchisee may file a written petition, at
any time, seeking relief from one (1) or more provisions of this Chapter. The relief requested
may specifically include the delay in implementation (as to the petitioning Franchisee only) of
one (1) or more provisions of this Chapter.
(c) In order to receive relief from one (1) or more provisions of this Chapter, a
Franchisee must satisfactorily demonstrate to the City that one (1) of the following facts exist:
(1) The provision and/or requirement is expressly prohibited by Applicable
Law; or
(2) The provision materially affects and is in conflict with an expressed right
that is specifically noted in an existing Franchise Agreement; or
(3) That the imposition of such provisions and/or requirements is
commercially impracticable or will create such an undue economic hardship on the
Franchisee so as to imperil or eliminate the economic benefits of providing Cable Service
to a majority of current Subscribers; or
(4) That the Franchisee has its own construction, maintenance, operation,
customer service or equal employment opportunity (EEO) policy, practice or standard
which is deemed comparable to or exceeding any provision and/or requirement from
which the Franchisee seeks relief.
(d) The City shall have the responsibility of determining whether a Franchisee’s
construction, maintenance, operation, customer service or EEO policy, practice or standard is
comparable to or exceeds a similar provision in this Chapter.
(e) In accordance with this Chapter, the City may charge the petitioning Franchisee
with the incidental costs of processing an initial Franchise consistent with 47 U.S.C. § 542(2)(D).
Sec. 22-8. Delegation of Power.
Unless prohibited by the Commonwealth, the City and/or Board of Commissioners may delegate
its powers and authorities (except its ultimate franchising authority) with respect to cable to the
Authority, or a duly authorized representative of the City, including the Mayor and City
Manager, provided, however, the City and/or Board of Commissioners shall not delegate its
powers and authority with respect to matters concerning, Franchise renewal, non-compliance or
revocation of the Franchise unless otherwise agreed to by City and Franchisee.
Sec. 22-9. City Ownership of Cable System.
In the event the City directly or indirectly through any legal means constructs, acquires,
purchases, leases or otherwise owns or controls a Cable System, it shall, with the exception of
those requirements pertaining to application for and obtaining a Franchise, be considered a
Franchisee for purposes of this Chapter and shall be bound by and comply with all the
requirements of this Chapter as if it were a Franchisee.
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Sec. 22-10. Secs. 22-10--22-30. Reserved.
ARTICLE II. FRANCHISE PROVISIONS
Sec. 22-31. Franchise Required.
(a)Necessity of Franchise. Except as provided in subsections (b) and (c) of this
section, to the maximum extent permitted under applicable law, no Person shall provide Cable
Services nor operate or maintain a Cable System without having first obtained a Franchise, and
then entering into a Franchise Agreement with the City.
(b)Exception for City-owned or City-controlled Cable System. Under judicial
interpretations of the Kentucky Commonwealth Constitution, a municipality may own and
operate a Cable System. Consequently, should the City, directly or indirectly, through any legal
means available to the City, decide to purchase, acquire, construct, lease, control or otherwise
own a Cable System within the territorial limits of the City, then the City shall comply with all
Applicable Laws in order to construct, operate and maintain a Cable System within the territorial
limits of the City.
(c)Contravention of Franchise; costs of litigation. The cost of any litigation
incurred by the City to enforce this Chapter or the Franchise granted pursuant hereto, or any
Franchise Agreement, or in relation thereto, or in relation to the cancellation or termination of a
Franchise, shall be reimbursed to the City by the affected Franchisee if the City prevails in the
litigation. In the event the Franchisee prevails, the cost of litigation incurred by the Franchisee
shall be reimbursed to the Franchisee by the City. Such costs shall include, but not be limited to,
filing fees, costs of depositions, discovery, and expert witnesses, all other expenses of suit, and a
reasonable attorney’s fee.
Sec. 22-32. Term; Termination and Cancellation.
(a)Maximum term. No Franchise granted hereunder, or any renewal thereof, shall be
for a term of more than fifteen (15) years.
(b)Term six years or less. If an initial Franchise or renewal Franchise is for a period
of six (6) years or less, then the Franchise Agreement shall explain the reasons for granting the
shorter Franchise term.
(c)Reasons for term six years or less. The reasons for a shorter Franchise term may
include, but are not limited to, the following:
(1) Multiple or repeated documented material violations of the prior Franchise
Agreement.
(2) Multiple or repeated documented material violations of this Chapter.
(3) Documented reckless disregard for the safety and welfare of the citizens of
the City.
(4) Failure to furnish any required annual reports.
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(5) Failure to comply with a specific, previously agreed upon construction
schedule.
(6) Failure to timely pay in their entirety any Franchise Fees or taxes or other
charges due to the City.
(d)Termination and cancellation of Franchise. In addition to all other rights and
powers of the City by virtue of the Franchise or this Chapter, the City may, subject to and in
accordance with appropriate terms of this Chapter and a Franchise Agreement, federal, and state
law, terminate and cancel the Franchise and all rights and privileges of the Franchisee thereunder
in the event that the Franchisee either:
(1) Substantially violates any material provisions of the Franchise or this
Chapter, or any legal rule, order or determination of the Board of Commissioners made
pursuant thereto, where such violation shall remain uncured for a period of thirty (30)
days subsequent to receipt by Franchisee of written notice of said violation, except where
such violation is due to excusable neglect or outside the control of the Franchisee;
(2) Intentionally evades any of the provisions of this Chapter or the Franchise
Agreement or practices any intentional fraud or deceit upon the City; or
(3) Becomes insolvent, files bankruptcy or abandons the Franchise or, subject
to Section 22-72, fails to pay any applicable Franchise Fee when due.
Such determination and cancellation shall be made by ordinance of the Board of
Commissioners duly adopted after twenty (20) days’ notice to the Franchisee and shall in
no way affect any of the City’s rights under the Franchise or any provisions of law;
provided, however, that, before the Franchise may be terminated and canceled under this
section, the Franchisee shall be provided with an opportunity to be heard at a public
hearing before the Board of Commissioners, upon thirty (30) days’ prior written notice to
the Franchisee of the time and place of the public hearing; provided further that the notice
shall affirmatively and with specificity cite the reasons alleged to constitute a cause for
revocation; and, provided further, that notice of the public hearing shall be published in a
local newspaper of general circulation at least five (5) days before the hearing.
(e)Performance evaluation provisions.
(1) The City and Franchisee may hold scheduled performance evaluation
sessions concerning the provision of Cable Services on the Cable System within thirty
(30) days prior to the fifth (5th) and tenth (10th) anniversary dates of granting a Franchise
or renewal of a Franchise. Franchisee shall fully cooperate with the City and shall
provide, without cost and in a timely manner, such information and documents related to
the operation of the Cable System as the City may reasonably request to perform the
evaluation. All performance evaluation sessions shall be open to the public and will be
announced by the City in a newspaper of general circulation at least five (5) days before
each session.
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(2) Special performance evaluation sessions may be held at any time during
the term of the Franchise; provided that both the City and the Franchisee shall mutually
agree on the time, the place and the topics to be negotiated.
Sec. 22-33. Selection of New Franchisee.
(a)Request for proposal. In selecting a new Franchisee (not applicable to a proposed
transferee) pursuant to this Chapter, the City shall prepare a request for proposal to seek bids for
a Cable System to be established under a Franchise by the City. This request for proposal shall
contain, among other things, detailed information and instructions relating to the preparation and
filing of proposals; technical standards regarding the installation, operation and maintenance of a
Cable System; financial ability and stability to construct, operate, and maintain a Cable System;
history of legal compliance with other types of Franchise Agreements and commitment to
comply with the legal requirements of the City; and the criteria to be used in evaluation of
applicant proposals.
(b)Criteria for selection of Franchisee. Applicants for a new Franchise shall be
evaluated according to the following criteria:
(1)Nonprofit ownership. A preference shall be given to applicants for a
Franchise representing nonprofit organizations.
(2)Service priorities. A preference shall be given to System capability in
terms of no costs telecasting production facilities and Service available to municipal and
educational institutions and community groups and individuals. Preference shall be given
to System provisions for two-way nonvoice communications. Preference shall be given
to the maximum total Channels provided by the System.
(3)Installation plan. A preference may be given to an installation plan that
would provide flexibility needed to adjust to new developments, maintenance practices,
and services that would be available to the Subscriber and the community immediately
and in the future.
(4)Financial soundness and capability. The evidence of financial ability
required in the applicant’s proposal shall be such as to assure ability to complete the
entire System within a minimum of two (2) years from the date the Franchisee receives
an FCC certificate of compliance and to operate a fiscally sound System throughout the
term of the Franchise.
(5)Demonstrated experience in operating a Cable System under City
Franchise. Preference shall be given upon satisfactory evidence of the applicant’s
experience in operating a Cable System under a City Franchise, where such evidence
would show or tend to show or confirm the ability of the applicant to furnish sufficient
and dependable Service to the potential public and users.
(6)Educational program. A preference shall be given to a System which
presents a program whereby the City’s public schools may benefit, utilize and develop
education programs for students and Subscribers.
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(7)Award of New Franchise; Hearing; Publication of Ordinances. The
Board of Commissioners may award a new Franchise to an applicant only after a public
hearing on the application and proposal, notice of which hearing shall be published in a
local newspaper of general circulation at least twenty (20) days before the date of the
hearing. Any Franchise that is granted shall be authorized by an ordinance of the Board
of Commissioners, which ordinance shall be thereafter published in the manner
prescribed by law in a local newspaper of general circulation.
Sec. 22-34. Renewal of Franchise.
Any renewal of a Franchise shall be governed by and comply with the provisions of 47 U.S.C.
§ 546 of the Cable Act, as amended.
Sec. 22-35. Franchise Conditions.
(a) All Franchises granted pursuant to this Chapter shall be subject to, and shall
expressly indicate that they are subject to, the following provisions:
(1) Any Franchise granted hereunder shall be subject to the right of the City,
by appropriate action of its Board of Commissioners, to revoke the Franchise, after notice
and opportunity to cure for cause shown pursuant to the provisions of this Chapter or the
applicable law of the Commonwealth of Kentucky or the United States of America.
(2) Any Franchise granted hereunder shall be subject to all generally
applicable provisions of City ordinances and any amendments thereto.
(3) Any Franchise granted hereunder shall be subject to the right of the City:
a. To repeal the same for failure to comply with the provisions of this
Chapter, or any other local, state or federal laws, or Federal Communication
Commission rules or regulations.
b. To require proper and adequate extensions of the plant and service
and maintenance thereof at the highest practicable standard of efficiency as
provided for in a Franchise Agreement.
c. To establish reasonable standards of service and quality of
products, and to prevent unjust discrimination in service or rates.
d. To require continuous and uninterrupted Service to the public in
accordance with the terms of the Franchise throughout the entire period thereof.
e. To control and regulate the use of its Street, alleys, bridges and
public places and the space above and beneath them. The Franchisee may be
required by the City to permit joint use of its property and appurtenances located
in the Streets, alleys, and public places of the City by the City insofar as such joint
use may be reasonably practicable and upon payment of reasonable rent therefore;
provided that, in the absence of agreement, upon application by any Franchisee,
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or the City, the dispute may be submitted and resolved as provided in Section 22-
44(b).
f. Through its appropriately designated representatives, to inspect all
construction work performed subject to the provisions of the Franchise and this
Chapter, and make such other inspections as it shall find necessary to ensure
compliance with the terms of the Franchise, this Chapter and other pertinent
provisions of law.
g. At the expiration of the term for which the Franchise is granted, or
upon the termination and cancellation as provided herein, to require the
Franchisee to remove, within eighteen (18) months, at its own expense, the Cable
System from the Public Ways within the City in accordance with Applicable Law.
h. To require a Franchisee to pay the cost of newspaper publication of
a summary of this Chapter and any amendments thereto in accordance with
generally applicable codes.
Sec. 22-36. Franchise Agreement.
(a) Every Franchisee shall enter into a Franchise Agreement with the City which
details the rights, duties, responsibilities and liabilities of both parties, and which contains an
acceptance on the part of the applicant or Franchisee to the terms of this Chapter and the
Franchise Agreement. Moreover, a new Franchisee may not lay any cable until the Franchise
Agreement is executed by both the new Franchisee and the City.
(b) In addition to those matters required elsewhere in this Chapter to be included in
the Franchise Agreement, it must contain the following express representations of the Franchisee
that:
(1) It accepts and agrees to all the provisions of this Chapter as to
construction, technical standards, operation, and maintenance and rate structures, if
permitted by law, which the City may include in the Franchise Agreement. In the case of
a Franchise renewal, the Franchise Agreement may include exceptions to this Chapter.
(2) It has examined all the provisions of this Chapter.
(3) It recognizes the right of the City to make reasonable amendments to this
Chapter, consistent with the City’s police powers, during the term of the Franchise upon
thirty (30) days’ written notice to the Franchisee.
(4) It recognizes and agrees that it may be considered as a Franchisee for the
purposes of this Chapter.
(5) It expressly recognizes and agrees that it has considered all the provisions
of this Chapter in regard to resolution of disputes, and agrees to be bound by same
throughout the term of the Franchise.
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(c) No Franchise shall be exclusive and no Franchisee shall, through the grant of a
Franchise, either written or verbal, be given an unfair competitive advantage over other
franchised Cable Operators (including the City, to the extent required by Applicable Law)
providing Cable Service in the City.
(d) Every Franchise Agreement shall specifically set forth the specific standards
which the Franchisee must maintain in respect to signal quality requirements and technical
standards of construction, operation, and maintenance of the System.
(e) The Franchise Agreement shall contain such further conditions or provisions as
may be included in the request for proposal and/or negotiated between the City and the
Franchisee. In the case of a conflict between any terms or provisions of the Franchise
Agreement and this Chapter, the words of the Franchise shall be deemed to control.
(f) Any application filed for an initial Franchise shall become a part of the Franchise
Agreement and any representations, promises, commitments or volunteered parameters and/or
standards shall become binding upon the Franchisee and its heirs and assigns.
Sec. 22-37. Operational Standards.
(a)State of the art; maintaining system to level of current technology. If a Franchise
authorizes, the City may require a Franchisee, during the term of its Franchise, to construct,
maintain and operate a Cable System that is at a level that reflects the current technology utilized
within the industry.
(b)Construction standards and technical requirements.
(1) Methods of construction, installation, maintenance and repair of any Cable
System shall comply with the National Electrical Safety Code.
(2) It shall be the duty of a Franchisee to undertake a preventative
maintenance of the Cable System in order to ensure that there is no material degradation
of the Cable System that would affect the citizens’ health, safety or welfare, or negatively
affect the quality of the Cable Services being provided.
(3) All wires, conduits, cable, and other property and facilities of a Franchisee
shall be so located, constructed, installed and maintained so as to not endanger or
unnecessarily interfere with usual and customary use, traffic, and travel upon the Streets,
rights-of-way, Easements, and Public Ways of the community.
(4) In the event a Franchisee’s System creates a hazardous or unsafe
condition, or an unreasonable interference with public property, then, at its own expense,
the Franchisee shall, with a reasonable time, voluntarily, or upon the written request of
the City, correct or remove that part of the System that creates the hazardous condition
from the subject property.
(5) A Franchisee shall not place equipment where it will interfere with the
rights of private property owners or with gas, electric or telephone fixtures, or with water
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hydrants or mains, or with wastewater lift stations, or any other service or facility in the
Public Ways that benefits the City’s or its residents’ health, safety or welfare.
(6) Subject to reasonable prior written notice, it shall be the responsibility of a
Franchisee (acting alone or in conjunction with another Person) to locate and mark or
otherwise visibly indicate and alert others to the location of underground cable (or its
equivalent) and other utility lines before employees, agents or independent contractors of
a Franchisee install cable in a marked-off area.
(7) A Franchisee shall, on the request of any Person holding a building
moving permit, temporarily remove, raise or lower the cable to allow the moving of the
building. The expense of temporary removal shall be borne by the Person requesting it,
and the Franchisee may require advance payment. The Franchisee shall be given not less
than ten (10) days’ advance written notice in order to facilitate the temporary cable
changes.
(8) A Franchisee, at either its own expense, or that of a private contractor,
shall protect the Streets, rights-of-way and Easements, and support or temporarily
disconnect, remove or relocate in the same Street or other Public Way any property of the
Franchisee when necessitated by reason of: traffic conditions; public safety; a Street
closing; Street construction or resurfacing; change or establishment of Street grade;
installation of sewers, drains, water pipes, storm sewers, storm drains, lift stations, force
mains, power or traffic signal lines; or any improvement, construction or repair related to
the City’s or its residents’ health, safety, or welfare. If the City requests the relocation,
removal or reinstallation of Franchisee’s property in any of the Public Ways in the
Franchise Area for the sole purpose of installing or providing Cable Services in
competition with Franchisee, the cost of such relocation, removal or reinstallation shall
not be borne by Franchisee but by the City.
(9) Prior to a Franchisee’s commencing to attach wire, cable (coaxial, fiber or
its functional equivalent) or other fixtures and appurtenances to poles or towers located
within the City, it shall execute license agreements for pole attachments with the
appropriate utility.
(10) The Franchisee shall not discriminate nor permit discrimination between
or among any Persons in the availability of Cable Services provided in connection with
the Cable System in the Service Area. It shall be the right of all Persons to continuously
receive all available Service provided on the Cable System so long as such Person’s
financial or other obligations to the Franchisee are satisfied. Moreover, the City states
that density, proximity and geography, and not economic status, should be the primary
factors used to determine whether a Franchisee should provide Service to one (1) or more
Persons within a part of a Franchisee’s Franchise Area.
(11) A Franchisee shall create, maintain and provide to the City upon written
request, on an annual basis, Cable System route maps. Complete and accurate System
maps, which shall include, but not be limited to, detail of trunks, distribution lines, and
nodes shall be available at Franchisee’s office for the City’s review.
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(12) A Franchisee shall construct, operate, maintain, repair, remove, replace or
restore the Cable System in strict compliance with all current generally applicable codes
adopted by the City. The codes referred to specifically include, but are not limited to,
construction, fire and safety codes.
(13) A Franchisee shall obtain, at its expense, all permits and licenses
(including pole attachment agreements) required by law, rule, regulation or local law, and
maintain the same in full force and effect for as long as required. Franchisee shall at all
times comply with the City Code, as may be amended from time to time.
Sec. 22-38. Number of Channels.
The precise Channel capacity that a Franchisee must maintain during the term of the Franchise
shall be detailed in the Franchise Agreement.
Sec. 22-39. Use of Channels.
(a) The City recognizes that pursuant to 47 U.S.C. § 531, the City has certain
authority with respect to certain aspects for Public, Educational or Governmental Access
Channel use.
(b) To the extent permitted by law, and in order to fulfill the City’s desired goal of
achieving a PEG Access Channel policy that will facilitate the long-range needs of the City, the
Board of Commissioners adopts the following:
(1) At the time of an initial application or proposal, and unless otherwise
provided in a Franchise Agreement or subsequent renewal Franchise Agreement, a
Franchisee shall pledge to include the following:
a. A Franchisee shall provide, one (1) educational Access Channel
that is available for providing non-commercial, educational programming.
b. A Franchisee shall provide, one (1) public Access Channel that is
available for providing non-commercial public access, senior citizen, and library
programming.
c. A Franchisee shall provide, one (1) governmental Access Channel
that is available for providing noncommercial governmental programming.
(2) If at any time eighty percent (80%) of the total time allocated for a
required PEG Access Channel is consistently used eight (8) hours per day, five (5) days a
week for a period of three (3) consecutive months with non-character generated, non-
repetitive programming, then, upon one hundred twenty (120) days written request, the
Franchisee shall provide one (1) additional PEG Access Channel.
(3) All programming transmitted over PEG Access Channels shall be non-
commercial in nature. Program material to be distributed on PEG Access Channels shall
contain no advertising or commercial content for which consideration is received by City.
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Franchisee and City agree that City or the producer or distributor of such programming
may include acknowledgments for Persons which sponsor or underwrite access
programming in a manner substantially similar to the sponsorship information provided
on the Public Broadcasting System (PBS).
(c) Unless otherwise provided in a Franchise, a Franchisee shall provide:
(1) Both mobile, portable and stationary equipment to be used for Access
Channel programming, together with the aid of technical and production assistance
provided by the Franchisee;
(2) Equipment that can store programs for delayed cablecasting; and
(3) Technical production assistance required for PEG access use that may
extend to, but not exceed, fifty (50) actual production man-hours per year.
(d) Unless otherwise specified in a Franchise, the City shall develop a plan for
handling requests for use of PEG Access Channels, facilities or programming. Such a plan shall
be nondiscriminatory in nature and should encourage joint or cooperative efforts on the part of
potential users. However, the City recognizes that, while citizens enjoy considerable first
amendment freedoms, these freedoms, nonetheless, must be weighed against the legitimate
health, safety and welfare interests of all citizens in the Service Area. Consequently, when a
request for access time is made by a culturally unpopular, politically controversial, or
racially/ethnically/religiously intolerant organization, the City may require safeguards which
minimize or lessen the possibility and probability that such espoused viewpoints will damage the
community fabric. The City may declare the speech is culturally obscene in that it was or would
be so morally devoid or culturally offensive that it either dramatically reduced the overall value
of other services provided on the Cable System or posed a discernible risk of disrupting the
spiritual, political or racial fabric of the community. However, the safeguards imposed may only
be as much as is necessary to accomplish the City’s objectives. The safeguards include
restricting such programming to non-prime-time hours (before 7:00 p.m. and after midnight) and
allowing the audio, but not video, of such programming to be provided over the PEG Access
Channel. For purposes of this Chapter, a culturally unpopular, politically controversial, or
racially/ethnically/religiously intolerant organization is one whose viewpoints or displays have
no redeeming social, historical or artistic value, and undermine the community fabric.
Sec. 22-40. Public Service Installations.
Each Franchise granted by the City shall specify the Franchisee’s commitment to public service
installations and complimentary services.
Sec. 22-41. Right of City to Purchase System.
(a)Purchase upon expiration of term. Subject to Section 626 of the CCPA (47
U.S.C. § 546), other applicable law, and with the consent of Franchisee, upon expiration of the
term of the Franchise, the City, at its selection, and upon payment to the Franchisee of a price
equal to the fair market value of the System as a going concern and on the same terms and
conditions as offered by other parties, including physical assets and intangibles, including good
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will, in accordance with the accepted and usual industry practices (except the valuation of the
Franchise privilege itself), shall be given the opportunity to purchase the System.
(b) Purchase upon default. Upon lawful termination of the Franchise rights as
provided for by this section or by law occasioned by the substantial breach of provisions of the
Franchise Agreement or this Chapter and with the consent of Franchisee, the City, at its selection
and upon payment to the Franchisee of a price equal to the fair market value of the System as a
going concern, including physical assets and intangibles, including good will, in accordance with
accepted and usual industry practices (except that the valuation shall not include any valuation of
the Franchise privilege itself), shall be given the opportunity to purchase the System. In the case
of the City’s purchase of the System and the circumstances, the Franchise shall transfer to the
City possession and title to all facilities and property, real and personal, of the Cable System
business, free from any and all liens and encumbrances. This provision, however, may be
waived by the City at its option, in whole or in part.
Sec. 22-42. Transactions Affecting Ownership or Control of Franchise Facilities.
(a) In accordance with Applicable Law, to protect the interest of the City under any
Franchise granted pursuant to this Chapter, the Franchisee shall not transfer, transfer control, or
otherwise assign the Cable System or Franchise to a third party without adherence to the
provisions of subsections (1) and (2) below:
(1) Without the express approval of the Board of Commissioners, which shall
not be unreasonably withheld; and
(2) Without a written assent filed with the Board of Commissioners binding
upon the Person in whom any right, power, privilege, duty, title, interest, claim or
demand in or to the Franchise or the System is created or vested, to the effect that such
right, power, privilege, duty, title, interest, claim or demand is and shall be held and
exercised subject to all the terms and provisions of the Franchise, including this Chapter.
The Board of Commissioners may require such written assent to be contained in any
instrument or document creating or vesting such right, power, privilege, duty, title,
interest, claim or demand. Provided, however, that this subsection (a)(2) shall not apply
to the disposition of worn-out or obsolete facilities or personal property in the normal
course of carrying out the Cable System business.
(b) Prior approval of the Board of Commissioners shall be required for any sale,
transfer, exchange or assignment of stock in Franchisee, or Franchisee’s parent corporation or
any other entity having a controlling interest in Franchisee, so as to create a new controlling
interest therein, shall be subject to the requirements of this Section 22-42. The term “controlling
interest” as used herein is an acquisition of 51% or greater ownership interest in the Franchisee,
but includes actual working control in whatever manner exercised.
(c) No Franchise may be transferred unless such transfer is approved by the Board of
Commissioners, by ordinance, after public hearing, such approval not to be unreasonably
withheld. No such approval shall be required, however, for (i) a transfer in trust, by mortgage,
hypothecation, or by assignment of any rights, title, or interest of the Franchisee in a Franchise or
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the Cable System in order to secure indebtedness, or (ii) an internal transfer to an entity directly
or indirectly owned or controlled by the parent corporation of Franchisee. The City shall process
all requests in accordance with applicable FCC regulations and other Applicable Laws.
(d) By its acceptance of a Franchise, the Franchisee specifically concedes and agrees
that any acquisitions or transfers set forth in subsections (b) and (c) above, without prior
approval of the Board as may be required, shall constitute a violation of the Franchise and this
Chapter by the Franchisee.
Sec. 22-43. Receivership; Foreclosure.
(a) Any Franchise shall, at the option of the Board of Commissioners, cease and
terminate one hundred twenty (120) days after the appointment of a receiver or receivers or
trustee or trustees to take over and conduct the business of the Franchisee, whether in a
receivership, reorganization, bankruptcy or other action or proceeding, unless such receivership
or trustee shall have been vacated prior to the expiration of the one hundred twenty (120) days or
unless:
(1) The receivers or trustees shall have, within one hundred twenty (120) days
after their election or appointment, fully complied with all the terms and provisions of
this Chapter and the Franchise, and the receivers or trustees within the one hundred
twenty (120) days shall have remedied all defaults, if any, under the Franchise; and
(2) The receivers or trustees shall, within the one hundred twenty (120) days,
execute an agreement duly approved by the court having jurisdiction in the premises
whereby the receivers or trustees assume and agree to be bound by each and every term,
provision and limitation of a Franchise.
(b) In the case of a foreclosure or other judicial sale of the plant, property, and
equipment of the Franchise, or any part thereof, including or excluding the Franchise, the Board
of Commissioners or its designee may serve written notice of termination upon the Franchisee
and the successful bidder at such sale, in which event the Franchise and all rights and privileges
of Franchisee hereunder shall cease and terminate thirty (30) days after service of such notice,
unless:
(1) The Board of Commissioners shall have approved the transfer of the
Franchise as and in the manner in this Chapter provided; and
(2) Unless the successful bidder shall have covenanted and agreed with the
City to assume and be bound by all the terms and conditions of the Franchise.
Sec. 22-44. City’s Right of Intervention; Resolution of Disputes.
(a)City’s right of intervention. The Franchisee shall not oppose intervention by the
City, at the City’s expense, in any suit or proceeding to which the Franchisee is a party.
(b)Resolution of disputes.
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(1)Intent. It is the intent of the City to provide for the orderly resolution of
any controversy or dispute between the Franchisee and the City arising out of the
enforcement or interpretation of any provision of this Chapter, the Franchise Agreement,
or any rule, regulation or procedure relating to cable communication matters. Unless
otherwise provided for in a Franchise Agreement, negotiation between the parties and
fact finding shall be the means of resolving the great majority of such controversies or
disputes. Neither fact finding nor mediation, however, shall be the first resort of the
parties, but shall be undertaken only after a reasonable time has been taken to reach
agreement by negotiation between the parties.
(2)Fact finding. Any material controversy or dispute, upon the election of
both the City and the Franchisee, may be submitted to an expert individual acceptable to
both parties for an investigation of the facts and a report thereof. Such fact finding shall
be for the purpose of developing better information for the use of both parties and shall
not be binding on either party. All reasonable fees and other expenses resulting from
such fact finding shall be equally borne by both the City and the Franchisee.
(3)Mediation. Any material controversy or dispute, upon the election of
either the City or the Franchisee, may be submitted to an expert individual acceptable to
both the Franchisee and the City for the purpose of facilitating discussion and receiving
new perspectives on the issues and new proposals for compromise. Such mediation shall
not be binding on either party. All reasonable fees or expenses resulting from such
mediation shall be equally borne by both the City and the Franchisee.
(4)Fees and expenses. The reasonable fees of single experts as provided for
above shall be jointly borne by the Franchisee and the City. In no event shall the City be
obligated for more than one-half of the expenses.
Sec. 22-45. Submission of Reports and Data.
(a)Filings and communications with regulatory agencies. At any time the FCC or
another federal or state agency requires or requests the submission of reports, data or other
information by a Franchisee, then such Franchisee shall, upon reasonable written request, submit
those reports, data or other information to the City. However, unless specifically authorized by
state or federal statute, a Franchisee shall not be required to submit state or federal tax returns.
(b)Reports. City shall have access to, and the right to inspect, during normal
business hours, books and records of Franchisee related to the operation of the Cable System,
necessary to ensure compliance with the terms of this Ordinance and a Franchise held by a
Franchisee. If the requested books and records are too voluminous, or for security reasons
cannot be copied or removed, then Franchisee may request, in writing within ten (10) business
days, that City inspect them at Franchisee's local area office. If any books or records of
Franchisee are not kept in a local office or if unavailable electronically, Franchisee will provide
or otherwise make such documents available for inspection and review at the local office within
ten (10) business days.
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(1) Upon request, Franchisee shall provide City with a sample Cable Services
bill, on a monthly basis. Cable Services bills associated with complimentary services
accounts may satisfy this requirement.
(2) Franchisee shall at all times maintain and allow City, with reasonable
notice (minimum two (2) working days and maximum five (5) working days), access and
the right to review a full and complete set of digital plans, records and maps compatible
with ESRI Shape Files showing the approximate location of all Cable System equipment
installed or in use in the City, exclusive of electronics, Subscriber drops and equipment
provided in Subscribers’ homes. These maps shall be maintained in the format described
herein and provided to the City upon request as set forth above, but not more frequently
than twice annually, for the City’s use only.
(3) The ability for City to obtain records and information from Franchisee is
critical to the administration of this Ordinance and the Franchise. Therefore, Franchisee's
failure to comply with the requirements of this Section may result in enforcement by City
as permitted herein and under Applicable Laws.
Sec. 22-46. Insurance; Bonds; Indemnification.
(a)Liability and indemnification of City. The Franchisee shall indemnify and hold
harmless the City at all times during the term of the Franchise and specifically agree that it will
pay all damages and penalties which the City may be legally required to pay as a result of the
Franchisee’s actions or omissions as it relates to the construction, operation and maintenance of
the Cable System. Such damages and penalty shall include, but not be limited to, damages
arising out of copyright infringements, and other damages arising out of the installation,
operation or maintenance or the Cable System authorized herein, whether or not any act or
omission complained of is authorized, allowed or prohibited by the Franchise. In the case suit
shall be filed against the City, either independently or jointly with the Franchisee, to recover for
any claim or damages, the Franchisee, upon written notice to it by the City, shall defend the City
against the action and, in the event of a final judgment being obtained against the City, either
independently or jointly with the Franchisee, solely by reason of the acts of the Franchisee, the
Franchisee will pay the judgment and all costs and hold the City harmless therefrom. This
provision is intended to address lawsuits brought by third parties related to the actions of the
Franchisee and the City and not lawsuits independently brought by the City against Franchisee or
independently brought by the Franchisee against the City.
(b)Performance bond. Upon the effective date of the Franchise Agreement requiring
System construction, the Franchisee shall furnish proof of the posting of a faithful performance
bond running to the City, with good and sufficient surety approved by the City, in the initial sum
of Two Hundred Fifty Thousand and No/100 Dollars ($250,000.00). Upon completion of any
System construction/upgrade the bond shall be reduced to Twenty-five Thousand and No/100
Dollars ($25,000.00). The bond shall be conditioned that the Franchisee shall well and truly
observe, fulfill and perform each and every term and condition of this Chapter and the Franchise
Agreement, and that, in the case of any breach of condition of the bond, the amount thereof shall
be recoverable from the principal and the surety, jointly and severally, thereof by the City for all
damages resulting from the failure of the Franchisee to well and truly observe and perform any
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provisions of this Chapter or the Franchise Agreement. The aforesaid bond shall be maintained
by the Franchisee throughout the term of the Franchise and written evidence of the payment of
the required payments shall be filed and maintained both with the office of the City Manager and
the Authority.
(c)Insurance.
(1) The Franchisee shall be required to maintain insurance in such forms and
in such companies as shall be approved by the City, such approval not to be unreasonably
withheld, to protect the City and the Franchisee from and against any and all claims,
injury or damage to persons or property, both real and personal, caused by the
construction, erection, operation or maintenance of any aspect of the system. The amount
of such insurance shall not be less than the following:
a. General liability insurance:
1. Bodily injury per Person: $3,000,000.00.
2. Bodily injury per occurrence: $5,000,000.00.
3. Property damage per occurrence: $1,000,000.00.
4. Property damage aggregate: $1,000,000.00.
b. Automobile insurance:
1. Bodily injury per Person: $1,000,000.00.
2. Bodily injury per occurrence: $3,000,000.00.
3. Property damage per occurrence: $1,000,000.00.
(2) Workmen’s compensation insurance shall also be provided as required by
the laws of the Commonwealth of Kentucky. All said insurance shall name the City as an
additional insured and shall provide a ten (10) day notice to the City Clerk in the event of
material alteration or cancellation of any coverage afforded in the policies prior to the
date the material alteration or cancellation shall become effective. Copies of all policies
required hereunder shall be furnished to and filed with the City Clerk and the Authority
prior to the commencement of operations or the expiration of prior policies, as the case
may be.
(d)Nonwaiver. Neither the provisions of this section nor any bonds accepted by the
City pursuant hereto, nor any damage recovered by the City hereunder, shall be construed to
excuse unfaithful performance by the Franchisee or limit the liability of the Franchisee under this
Chapter or the Franchise for damages either to the full amount of the bond or otherwise.
Sec. 22-47. Secs. 22-47--22-70. Reserved.
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ARTICLE III. RATES AND CHARGES
Sec. 22-71. Rates, Charges and Refunds.
(a)Rates subject to local regulation. City may regulate rates for the provision of
Cable Service, equipment, or any other communications service provided over the System in
accordance with applicable federal law, in particular 47 C.F.R. Part 76 subpart N. In the event
the City chooses to regulate rates it shall, in accordance with 47 C.F.R. § 76.910, obtain
certification from the FCC, if applicable. The City shall follow all applicable FCC rate
regulations and shall ensure that appropriate personnel are in place to administer such
regulations. City reserves the right to regulate rates for any future Services to the extent
permitted by Applicable Law.
(b)Rate changes; discrimination. In accordance with applicable law:
(1) Access to Cable Service shall not be denied to any group of potential
residential Subscribers because of the income of the residents of the local area in which
such group resides. However, nothing herein shall prohibit a Franchisee from denying
Service based on location of a residence if that residence is outside either the defined
Service Area or line extension criteria specified in a Franchise.
(2) Equal opportunity in employment shall be afforded by a Franchisee to all
qualified Persons and no Person shall be discriminated against in employment by a
Franchisee because of race, color, religion, national origin, age or sex.
(3) A Franchisee shall not, as to rates and charges or use of a Franchisee’s
facilities or equipment, allow or grant any undue preference or advantage on the basis of
race, color, religion, national origin, age, sex or location of residence. Nothing herein
shall prohibit a Franchisee from offering a promotional or incentive discount rate or
charge or from offering customized bulk billing arrangements.
Sec. 22-72. Franchise Fees.
(a) The Franchisee shall pay to the City a Franchise Fee equal to five percent (5%) of
annual Gross Revenues received from the operation of the Cable System to provide Cable
Service in the Franchise Area; provided, however, that Franchisee shall not be compelled to pay
any higher percentage of Franchise Fee than any other video service provider providing Service
in the Franchise Area. The payment of Franchise Fees shall be made on a quarterly basis and
shall be due forty-five (45) days after the close of each calendar quarter. Each Franchise Fee
payment shall be accompanied by a report prepared by a representative of the Franchisee
showing the basis for computation of the Franchise Fees paid during that period.
(b) Upon reasonable notice, the City shall have the right during Normal Business
Hours to inspect the Franchisee’s records relevant to the payment of Franchise Fees and the right
to audit and to re-compute any amounts determined to be payable under a Franchise Agreement,
this Ordinance and Applicable Laws. The audit period may not extend back beyond the
maximum time period permitted under the applicable state statute of limitation for contracts
(KRS 413.120) under the laws of the State of Kentucky. If, as a result of such audit, the City
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determines that the Franchisee has underpaid its fees to the City six percent (6%) or more, then:
1) the undisputed amount will be due to the City within thirty (30) days following written notice
to Franchisee by the City, which notice shall include a copy of the audit report; and 2) in addition
to making full payment of the relevant obligation, the Franchisee shall reimburse the City for all
of the reasonable costs associated with the audit or review, including costs for attorneys,
accountants and other consultants. Any additional undisputed amount due to the City as a result
of an audit shall be paid within thirty (30) days following written notice to Franchisee by the
City.
(c) Resolution of any disputes over the classification of revenue should first be
attempted by agreement of the Parties, but should no resolution be reached, the Parties agree that
reference shall be made to generally accepted accounting principles (“GAAP”) as promulgated
and defined by the Financial Accounting Standards Board (“FASB”), Emerging Issues Task
Force (“EITF”) and/or the U.S. Securities and Exchange Commission (“SEC”). Notwithstanding
the forgoing, the City reserves its right to challenge Franchisee’s calculation of Gross Revenues,
including the interpretation of GAAP as promulgated and defined by the FASB, EITF and/or the
SEC.
(d) Nothing in this Ordinance shall in any way be construed to prohibit the City from
collecting any fees, taxes or assessments as may be permitted by Applicable Laws, including
Kentucky Revised Statutes and City hereby reserves any and all rights in accordance with
Applicable Laws.
Sec. 22-73. Secs. 22-73--22-90. Reserved.
ARTICLE IV. CUSTOMER PROTECTION AND SERVICE STANDARDS
Sec. 22-91. Notice of Rights and Responsibilities.
(a)General policy.
(1) The City recognizes that it is critical that a customer fully understands and
realizes the rights and responsibilities of both the customer and Franchisee with respect to
the provisions, maintenance and repair of Cable Service.
(2) Further, the City believes that, if sufficient information is provided to a
customer on certain customer service practices, such as rates, billing periods, and number
and types of service provided, then that customer will have the information necessary to
make an informed decision on what, if any, Cable Services to subscribe to and receive.
(3) In order to provide customers with the variety of information needed to
make an informed decision, and to ensure that customers are notified of their and the
Franchisee’s rights and responsibilities with respect to the Cable System, a Franchisee
must provide a customer with a written notice of a customer’s and Franchisee’s rights and
responsibilities with respect to the provision of Cable Service.
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(b)Notifications to Subscribers. Franchisee shall provide printed or electronically
available information on each of the following areas at the time of installation of Cable Service,
at least annually to all Subscribers, and at any time upon request:
(1) Products and Services offered;
(2) Prices and options for programming Services and conditions of
subscription to programming and other Services;
(3) Installation and Service maintenance policies;
(4) Instructions on how to use the Cable Service;
(5) Channel positions of the programming carried on the System; and
(6) Billing and complaint procedures, including the address and telephone
number of the City.
(c) Subscribers will be notified of any changes in rates, programming services or
Channel positions as soon as possible in writing or electronically. Notice must be given to
Subscribers a minimum of thirty (30) days in advance of such changes if the changes are within
the control of the Franchisee. In addition, the Franchisee shall notify Subscribers thirty (30) days
in advance of any significant changes in the other information required by this Section 22-91.
Franchisee shall not be required to provide prior notice of any rate changes as a result of a
regulatory fee, Franchise Fee, or other fees, tax, assessment or charge of any kind imposed by
any federal agency, state or City on the transaction between the operator and the Subscriber.
New Channels and services may be offered with less than the required notice so long as there is
no additional charge or the Channel or service is sold on a subscription basis.
(d) All programming decisions remain the discretion of Franchisee in accordance
with the Franchise, provided that Franchisee notifies City and Subscribers in writing thirty (30)
days prior to any Channel deletions or realignments directed to each Subscriber individually by
any reasonable means available to and at the discretion of the Franchisee consistent with
applicable law, and further subject to Franchisee’s signal carriage obligations hereunder and
pursuant to 47 U.S.C. § 531-536, and further subject to City’s rights pursuant to 47 U.S.C. § 545.
Sec. 22-92. Customer Service Office and Telephones.
(a) Unless otherwise provided for in a Franchise Agreement, Franchisee shall
maintain a convenient local customer service and bill payment location in the City for receiving
Subscriber payments, handling billing questions, equipment replacement and customer service
information. The Franchisee shall comply with the standards and requirements for customer
service set forth below and shall comply with all applicable regulations relating to customer
service obligations, including any amendments to 47 C.F.R. § 76.309 during the term of the
Franchise, that impose higher or additional customer service standards on a Cable Operator.
(b) Cable System office hours and telephone availability:
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(1) Franchisee will maintain a local, toll-free or collect call telephone access
line which will be available to its Subscribers twenty-four (24) hours a day, seven (7)
days a week.
a. Trained Franchisee representatives will be available to respond to
customer telephone inquiries during Normal Business Hours.
b. After Normal Business Hours, the access line may be answered by
a service or an automated response system, including an answering machine.
Inquiries received after Normal Business Hours must be responded to by a trained
Franchisee representative on the next business day.
(2) Under Normal Operating Conditions, telephone answer time by a
customer representative, including wait time, shall not exceed thirty (30) seconds when
the connection is made. If the call needs to be transferred, transfer time shall not exceed
thirty (30) seconds. These standards shall be met no less then ninety percent (90%) of the
time under Normal Operating Conditions, measured on a quarterly basis.
(3) Franchisee shall not be required to acquire equipment or perform surveys
to measure compliance with the telephone answering standards above unless an historical
record of complaints indicates a clear failure to comply.
(4) Under Normal Operating Conditions, the customer will receive a busy
signal less than three percent (3%) of the time.
(5) Customer service center and bill payment locations will be open at least
during Normal Business Hours.
(c) Installations, Outages and Service Calls. Under Normal Operating Conditions,
each of the following standards will be met no less than ninety-five percent (95%) of the time
measured on a quarterly basis:
(1) Standard Installations will be performed within seven (7) business days
after an order has been placed. “Standard” Installations are those that are located up to
one hundred fifty (150) feet from the existing distribution cable.
(2) Excluding conditions beyond the control of Franchisee, Franchisee will
begin working on “Service Interruptions” promptly and in no event later than twenty-four
(24) hours after the interruption becomes known. Franchisee must begin actions to
correct other Service problems the next business day after notification of the Service
problem. Franchisee shall resolve all Service Interruptions within forty-eight (48) hours
under Normal Operating Conditions.
(3) The “appointment window” alternatives for Standard Installations, Service
calls, and other installation activities will be either a specific time or, at maximum, a four
(4) hour time block during Normal Business Hours. (Franchisee may schedule Service
calls and other installation activities outside of Normal Business Hours for the express
convenience of the customer.)
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(4) Franchisee may not cancel an appointment with a customer after the close
of business on the business day prior to the scheduled appointment.
(5) If Franchisee’s representative is running late for an appointment with a
customer and will not be able to keep the appointment as scheduled, the customer will be
contacted prior to the time of the scheduled appointment. The appointment will be
rescheduled, as necessary, at a time which is convenient for the customer.
(6) Under Normal Operating Conditions, if Franchisee cannot perform
installations within the times specified in applicable customer standards, the Subscriber
shall, upon request, receive a credit equal to the charge for a Standard Installation. For
any installation that is not a free installation or a Standard Installation, Franchisee shall
provide the Subscriber with a written estimate of all charges within seven (7) days of a
request by the Subscriber. Failure to comply will subject Franchisee to appropriate
enforcement actions. This section does not apply to the introduction of new products and
services when Franchisee is utilizing a phased introduction.
Sec. 22-93. Special Requirements for the Disabled.
(a) In addition to any other requirements mandated by this Chapter, or by federal or
Commonwealth law, a Franchisee shall comply with the following special service requirements
for blind, hearing-impaired or wheelchair customers:
(1) Provide wheelchair accessibility to a Franchisee’s customer service office.
(2) For any customer declared legally blind by the Commonwealth, a
Franchisee must provide at a non-discriminatory cost, if requested by the customer, large-
type, braille, voice-synthesized or functionally equivalent notices, bills and other
pertinent information.
(3) Provide, upon request, either: 1) assistance with identifying a consumer
electronics source; or 2) at a reasonable, non-discriminatory cost, a device sufficient to
enable closed-captioning services for a hearing-impaired Subscriber.
(4) Provide, at a nondiscriminatory cost, a remote-control device and/or
Converter for wheelchair Subscribers or Subscribers with a permanent medical or
physical ambulatory impairment.
(5) Where applicable, provide modified or special instructions for use of
equipment by Subscribers who have physical impairments.
Sec. 22-94. Reserved.
Sec. 22-95. Restoration of Subscribers’ Property.
(a) At any time a Franchisee disturbs the yard, residence, or other real or personal
property of a Subscriber, the Franchisee shall ensure that the Subscriber’s yard, residence, or
other real or personal property is returned, replaced and/or restored to a condition that is
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comparable to its condition immediately before the disturbance to the extent such corrective
action cannot be accomplished. The Franchisee shall reimburse a Subscriber, or private property
owner, for any damage caused by the Franchisee, subcontractor or independent contractor in
connection with the disturbance of a Subscriber’s or private property owner’s property if
Franchisee fails to perform the restoration work required herein.
(b) The types of acts specifically included in this section are the following:
(1) Removal of a Subscriber’s sod, lawn, plants, shrubbery, flowers, trees,
driveway or fence to install a trench or repair, replace, remove or locate cable or other
equipment of the Franchisee.
(2) Installation or removal of a cable or other equipment of the operator
within a Subscriber’s residence, or around a Subscriber’s swimming pool or tennis court,
or which requires drilling, excavating, plastering or the like on the part of the Franchisee.
(3) Temporarily relocating or moving a piece of personal property of a
Subscriber (such as a motor vehicle, fence, garden hose or the like) in order to perform
some sort of construction or maintenance on the Cable System.
(4) Permanently removing a Franchisee’s cable or equipment due to either the
revocation, termination or nonrenewal of a Franchise or the abandonment, withdrawal or
cessation of Cable Service to any portion of the City.
(c) The requirements for the Franchisee extend to any contractor that the Franchisee
might employ to perform the tasks outlined.
(d) In light of the foregoing, a Franchisee has the authority to trim trees of a private
property owner (including a Subscriber) only to the extent necessary to prevent the branches of
the tree from coming in contact with the Franchisee’s wires and cables.
Sec. 22-96. Emergency Alert and Availability of Parts and Personnel.
(a)Emergency alert; standby power.
(1) At all times a Franchisee shall provide and maintain an Emergency Alert
System (EAS) consistent with Applicable Law and regulations including 47 CFR, Part
11, and any Kentucky Emergency Management requirements. The City may identify
authorized emergency officials for activating the EAS consistent with Kentucky
Emergency Statewide Plan (“EAS Plan”). The City may also develop a local plan
containing methods of EAS message distribution, subject to Applicable Law and the EAS
Plan.
(2) In addition to any other requirements listed in this Chapter, a Franchisee
shall cooperate with the City on the use and operation of the emergency alert override
system.
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(3) As one method of providing continuity of services in the event of a
natural, manmade or disaster emergency, a Franchisee shall, unless exempted by the City,
maintain equipment capable of providing automatic standby power for a minimum of two
(2) hours, strategically placed in locations along the Cable System trunkline in order to
minimize the number of Subscribers affected by interruption of Service.
(b)Availability of parts and personnel.
(1) Except in times of natural, manmade or disaster emergency, a Franchisee
shall make a reasonable effort at all times to keep and maintain a sufficient and adequate
inventory of maintenance and repair parts and equipment for the Cable System, so that
the Franchisee can respond to, and correct, all Subscriber interruptions within the
specified time periods.
(2) Except in times of natural, manmade, or disaster emergency or strike
(whose duration has been more than seventy-two (72) hours), a Franchisee shall make a
reasonable effort to have sufficient maintenance and repair personnel so that the
Franchisee can respond to, and correct, all Subscriber Service Interruptions within the
specified time periods.
Sec. 22-97. Billing Practices; Billing Credit; Disconnection for Nonpayment of Charges.
(a)Billing practices.
(1) Bills must be clear, concise and understandable. Bills must be fully
itemized, with itemizations including, but not limited to, basic and premium service
charges and equipment charges. Bills will also clearly delineate all activity during the
billing period, including optional charges, rebates and credits.
(2) In case of a billing dispute, the Franchisee must respond to a written
complaint from a Subscriber within thirty (30) days.
(3) At all times Franchisee’s billing practices shall comply with 47 C.F.R
§ 76.1619.
(b)Billing credit. A Franchisee shall provide a Subscriber, upon request, with credit
for a Service outage exceeding twenty-four (24) hours and for substandard signal, picture or
sound quality exceeding twenty-four (24) hours.
(c)Disconnection for nonpayment. A Subscriber shall not be considered disconnect
for non-payment until at least thirty (30) days after the posting of the bill to the Subscriber and
payment has not been received by the Franchisee.
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Sec. 22-98. Voluntary Disconnection.
(a) At any time, a Subscriber may request that a particular service tier, service cluster,
Pay Television, premium Channel, informational service or the entire Cable Service be
discontinued.
(b) From the date that such a Subscriber makes such a request, the Franchisee shall
have up to five (5) business days to disconnect the service tier, service cluster, Pay Television,
premium Channel, informational service or entire Cable Service. In the event that a Franchisee
does not disconnect Service within five (5) business days, a Subscriber’s obligation to pay for
such Service shall cease.
(c) Notwithstanding the above provisions, and in order to reduce Subscriber abuse of
this voluntary disconnection policy, a Subscriber shall be charged a minimum of one (1) month’s
full rate for any one (1) service (basic, premium, informational, cluster or tier) which is
disconnected at least three (3) times in a span of one hundred eighty (180) days.
(d) Unless damage has occurred or Franchisee’s equipment has not been returned, no
excessive, unreasonable or punitive fee may be passed on to a Subscriber for the actual
disconnection of a Channel or Service if the disconnection involves a single residence with fewer
than five (5) outlets.
(e) Any refund due a Subscriber after disconnection (both for nonpayment and
voluntary) shall be made within sixty (60) days after such disconnection.
Sec. 22-99. Protection of Subscriber Privacy.
(a) Written permission from the Subscriber shall not be required for the conducting of
system wide or individually addressed electronic sweeps for the purpose of verifying System
integrity or monitoring for the purpose of billing. Confidentiality of such information shall be
subject to the provision set forth above.
(b) The Franchisee shall, at all times, comply with all applicable federal and state
privacy law including Section 631 of the Cable Act and any regulations adopted pursuant
thereto. The City shall have the right to enforce Franchisee’s compliance with said privacy law
to the maximum extent permitted under applicable laws.
Sec. 22-100. Substandard Picture Quality.
(a) The City recognizes that a cable Subscriber is a consumer. As such, there is no
more important factor for the cable Subscriber in terms of enjoying the provision of video or
other programming services offered by a Franchisee than the provision of good and acceptable
picture and sound quality.
(b) The City declares as one of its primary objectives to preserve, protect, and
promote that all cable Subscribers within the City receive good and acceptable picture and sound
quality.
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(c) At a minimum, the Franchisee must meet all FCC standards that relate to the
reception of broadcast signals. Moreover, the Franchisee must provide sound and picture quality
that does not suffer from constant and/or recurring degradation or requires frequent (more than
ten (10) times in one (1) year) adjusting or servicing by a Franchisee customer service technician
or a Franchisee field service technician.
(d) To prevent possible abuse, a Subscriber shall pay for all administrative and
Franchisee costs associated with examining substandard picture and sound quality if it is
administratively determined that the Subscriber’s claim is unwarranted and without foundation.
(e) The City reserves the right to develop and adopt comprehensive regulations on the
technical aspects of signal quality should the FCC permit such.
Sec. 22-101. Use and Return of Equipment; Security Deposits.
(a) If needed for proper operation or requested by a customer, a Franchisee shall
provide to a customer printed or electronic instructions on the proper use of the rented, loaned,
leased or purchased equipment. A Franchisee may comply with this section (except in the case
of sight- or hearing-impaired customers) by delivering the manufacturer’s instructions to a
customer.
(b) A Franchisee is not required to seek a security deposit from a customer for the use
or rental of a Franchisee’s equipment.
(c) When a security deposit is required from a customer by a Franchisee, the
customer shall first receive a written statement from the Franchisee acknowledging that the
equipment is in working order.
Sec. 22-102. Continuity of Service.
(a) The City declares that, as part of its right to establish cable customer service
guidelines, it has the duty to ensure continuity of Cable Service for all Subscribers. In that light,
the City also determines that it may take appropriate measures in order to ensure that no portion
of the City is threatened or faced with a disruption, interruption or discontinuance of Cable
Service due to the actions of any Franchisee.
(b) In addition to the above principles and ideals, the City also expresses that its
policy covers the following:
(1) Providing for continuity of Cable Service in the event of acquisition by the
City;
(2) Providing for continuity of Cable Service in the event of a proposed
abandonment, withdrawal or cessation of Cable Service by a Franchisee;
(3) Providing for continuity of Cable Service in the event of the lawful
revocation, termination or nonrenewal of a cable Franchise;
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(4) Providing for continuity of Cable Service in the event of a transaction that
affects the ownership of control of the Cable Operator or Franchisee;
(5) Providing for continuity of Cable Service in the event of an expiration of a
Franchise; and
(6) Preventing disruption of Cable Service which would provide a hardship on
those Subscribers who rely on Cable Service as their primary or secondary source for
information.
(c) Whenever any situation occurs (including those mentioned above) which
threatens the City and Subscribers with loss or interruption in the continuity of Cable Service,
then the City may direct the Franchisee and/or Cable Operator to do everything in its power to
ensure that all Subscribers receive continuous, uninterrupted Cable Service.
(d) During any interim period, the City shall work with the Franchisee in order to
secure a new Cable System owner or rectify the problem, so that threat of loss of continuity is
removed at the earliest possible time.
(e) During any interim period in which the Franchisee continues to provide Cable
Service to Subscribers, the Franchisee is entitled to all revenues collected, except for any sums
owed (including Franchise Fees, Alternative User Charges and taxes) to the City or other Persons
in accordance with Applicable Law.
Sec. 22-103. Resolution of Complaints.
(a) A Franchisee is required to develop a comprehensive complaint/inquiry resolution
policy that is consistent with the policies outlined in these customer service practices.
(b) A Franchisee’s resolution policy shall be reduced to writing and such policy shall
be available upon request to any Subscriber.
Sec. 22-104. Date of Compliance.
(a) Unless relief is granted by the City, or unless otherwise provided for in a
Franchise Agreement, the Franchisee operating under a renewed Franchise shall have either one
(1) year from the date that this Chapter becomes effective or nine (9) months from the date that a
Franchise Agreement (initial or renewal) becomes effective.
(b) All new Franchisees shall be required to comply from the date of execution of the
Franchise Agreement.
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Sec. 22-105. Secs. 22-105--22-130. Reserved.
ARTICLE V. ADMINISTRATION AND ENFORCEMENT
Sec. 22-131. Compliance Required.
The Franchisee shall not be relieved of its obligation to comply promptly with any of the
provisions of the Franchise by any failure of the City to enforce prompt compliance.
5873819v1
SUMMARY OF AMENDED CHAPTER 22 - CABLE COMMUNICATIONS
City of Paducah, Kentucky
Section Description
“Applicable Law” definition Applicable Law is new defined term and
includes any and all local law, state or federal
law, statute, charter, ordinance, regulation,
code, franchise, permit, judgment or decree in
accordance with state and federal law.
Edits throughout Chapter 22 have been
revised to reflect the “applicable law”
definition.
“Gross Revenues” definition A stronger, more detailed “gross revenues”
definition has been included to ensure
maximum franchise fee payments to the City
regarding cable service.
Complimentary Services The language in this section has been revised
and requires each franchise granted by the
City to specify complimentary services. This
change was necessitated by recent action of
the Federal Communications Commission.
Reports The report section has been revised to allow:
1) the City to review a franchisee’s books and
records necessary to insure compliance with
the terms of a franchise agreement;
2) the City the right to request and review
maps; and
3) enforcement by the City if a franchisee
does not comply with this section.
Franchise Fees Revisions were made to the franchise fee
section to reflect a 5% franchise fee paid to
the City quarterly, 45 days after the close of
each calendar quarter.
Revisions were also made to reflect the City’s
right to inspect the franchisee’s records and to
audit any amounts due under the franchise,
the ordinance and applicable law as well as
language regarding resolution of any disputes
regarding audit results.
Emergency Alert The emergency alert section has been revised
to comply with changes in technology and
5873819v1
applicable law, including federal regulations
and any Kentucky Emergency Management
requirements.
Paducah Cable Communications Authority This section has been deleted in its entirety as
this entity no longer meets.
Agenda Action Form
Paducah City Commission
Meeting Date: January 14, 2020
Short Title: City of Paducah Special Event Cost Recovery Program - M THOMPSON
Category: Municipal Order
Staff Work By: Mark Thompson
Presentation By: Mark Thompson
Background Information:
Over the years the City of Paducah has encouraged and supported all special events, runs, parades, street
closures, and other events that fall under the General Assemblies and Parade permit process in the Code of
Ordinances (Section 98 Article VI & VII). As budgets grow tighter, material and staffing resources are at very
tight margins. Beginning in the summer of 2018, City staff took on the challenge to find solutions, forming
subcommittees working as a part of the extended budget process. The goal of these subcommittees: 1) Find
opportunities for cost savings; 2) Better utilize resources in providing the best services within our budget; 3)
Create a sustainable framework for supporting community events in the future. With this in mind the Cost
Recovery Program developed.
Does this Agenda Action Item align with a Strategic Plan Action Step? No
If yes, please list the Action Step Item Codes(s):
Funds Available:General FundAccount Name:
Revenue Reimbursement Account Number:
Staff Recommendation: Approval
Attachments:
1.Ordinance
2.Cost recovery recc final 12102019
ORDINANCE NO. 2020-___________________
AN ORDINANCE AMENDING CHAPTER 98, ARTICLES VI AND
VII OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH
WHEREAS, the City of Paducah has historically supported special events, general
assemblies and parades in the form of free and/or reduced cost for materials and services;
WHEREAS, in an effort to address rising costs in relation to those services, the City
finds it necessary to charge a permit fee for parades and general assemblies as a means to recover
staffing costs in relation to the application process;
WHEREAS, in an effort to encourage use of local businesses, recover costs in relation to
services and materials provided by the City, and reduce duplication of services that can be
provided by local businesses and/or duplication of materials that can be purchased from local
businesses, the City finds it necessary to charge a fee for services and materials at 125% of the
average of local business pricing for same;
WHEREAS, in an effort to recover costs related to those materials and services which
are not offered by local businesses, the City finds it necessary to charge for services performed
and materials provided at a set percentage of the total cost to the City for said services and
materials;
WHEREAS, it is necessary to amend Chapter 98 of the Paducah Code of Ordinances to
reflect these changes.
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah, Kentucky, hereby amends Chapter 98, Article
VI of the Paducah Code of Ordinances as follows:
Sec. 98-141. – Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context dlearly indicates a
different meaning.
City Manager means the City Manager or his/her designee.
Parade means any march or procession in ordered and close file wherein a
collective body of persons are proceeding on foot or by conveyance of any form
whatsoever in or upon and along any street, throroughfare, or sidewalk in the City.
[…]
Sec. 98-152. – Application.
(a) A person seeking issuance of a parade permit shall file an application with the
City Manager on forms provided by the City Manager, along with a permit fee of
$100 to recover the City’s staffing costs associated with the application process.
An application for a parade permit shall be filed with the City Manager not less
than fourteen (14) days before the date on which it is proposed to conduct the
parade.
[…]
SECTION 2. A New Division and Section. A new division and section shall be created
in Chapter 98, Article VI, of the Paducah Code of Ordinances as follows:
DIVISION 3. – COSTS RECOVERED.
Sec. 98-161. – Cost of Services and Materials.
(a) Services and Materials Available from Businesses. Parade permittees are
required to obtain all setup, operation, and breakdown materials and services from
private businesses unless the parade permittee submits written statement(s) from
all available local business(es) located in the City of Paducah which provide the
applicable materials and services stating that the local business(es) cannot meet
the demand. If sufficient documentation is provided, the City may offer to
provide materials at its disposal and services offered by the City in the normal
course of business, both at a rate of 125% of the average local business pricing.
(b) Services and Materials Not Available from Businesses. In the event that no
business in the City of Paducah offers services and/or materials required for all
setup, operation, and breakdown of the event, the City may provide materials at
its disposal, as well as services offered by the City in the normal course of
business, at a rate of 15% of cost to the City for said services and materials.
(c) Exceptions. The following services and/or materials shall be provided at a set
fee:
a. Police off duty overtime security detail;
b. City single-source services such as trash pickup and restroom units;
c. Utility fees; and
d. Facility rentals.
SECTION 3. A New Division and Section. A new division and section shall be created
in Chapter 98, Article VI, of the Paducah Code of Ordinances as follows:
DIVISION 4. – INAPPLICABILITY.
Sec. 98-162. – Inapplicability to City-Sponsored and Co-Sponsored Events.
Nothing contained in this Article shall be construed to be applicable to City-
sponsored and/or City co-sponsored events.
SECTION 4. That the City of Paducah, Kentucky, hereby amends Chapter 98, Article
VII of the Paducah Code of Ordinances as follows:
Sec. 98-181. – Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
City Manager means the City Manager or his/her designee.
General assembly means any meeting, demonstration, picket line, rally, or gathering
of more than twenty-five (25) persons for a common purpose as a result of prior planning
that interferes with or has a tendency to interfere with the normal flow or regulation of
pedestrian or vehicular traffic or occupies any public area in the place open to the general
public to the hindrance of others. The term “general assembly” shall include, but not be
limited to, festivals, organized celebrations, and other events.
Sec. 98-182. – Applicability.
This article shall not apply to:
(1) City-sponsored or Co-sponsored events; Private or personal events such as
family reunions and church activities and other gatherings not typically open
to the public which occur in public parks; and
(2) Events and activities conducted at Paducah’s Civic Center or Convention
Center gatherings at reserved buildings and shelters located on City-owned
public parks.
[…]
Sec. 98-186. – Application for permit.
A person seeking a general assembly permit shall file an application with the City
Manager, along with a permit fee of $100 to recover the City’s staffing costs associated
with the application process, at least thirty (30) days prior to the date of such an event.
The application for the general assembly permit shall set forth the following information:
(1) The name, address and telephone number of the person seeking permission to
conduct a general assembly.
(2) If the general assembly is proposed to be conducted for, on behalf of or by an
organization, the name, address and telephone number of the headquarters of
the organization and of the organization's authorized representatives and
responsible heads of such organizations.
(3) The name, address and telephone number of the person who will be the event
coordinator who will be responsible for its management.
(4) The date when the general assembly is to take place.
(5) The area where the general assembly is to take place.
(6) The hours when the general assembly will start and terminate.
(7) Whether the applicant or sponsoring organization of the proposed general
assembly proposes to select and authorize participants as provided in division 3
of this article.
(8) Such other information as may be required by the City Manager.
[…]
DIVISION 4. – COSTS RECOVERED.
Sec. 98-199. – Cost of Services and Materials.
(a) Services and Materials Available from Businesses. General assembly
permittees are required to obtain all setup, operation, and breakdown materials
and services from private businesses unless the general assembly permittee
submits written statement(s) from all available local business(es) located in the
City of Paducah which provide the applicable materials and services stating that
the local business(es) cannot meet the demand. If sufficient documentation is
provided, the City may offer to provide materials at its disposal and services
offered by the City in the normal course of business, both at a rate of 125% of the
average local business pricing.
(b) Services and Materials Not Available from Local Businesses. In the event that
no business located in the City of Paducah offers services and/or materials
required for all setup, operation, and breakdown of the event, the City may
provide materials at its disposal as well as services offered by the City in the
normal course of business, at a rate of 15% of cost to the City for said services
and materials.
(c) Exceptions. The following services and/or materials shall be provided at a set
fee:
a. Police off duty overtime security detail;
b. City single-source services such as trash pickup and restroom units;
c. Utility fees; and
d. Facility rentals.
SECTION 5. A New Division and Section. A new division and section shall be created
in Chapter 98, Article VII, of the Paducah Code of Ordinances as follows:
DIVISION 5. – PENALTY.
Sec. 98-200. – Violation; misdemeanor.
Whoever violates any provisions of this Article section 98-185 shall be guilty of a
misdemeanor and shall, upon conviction, be subject to a fine of not more than $500.00, or
imprisonment of not more than thirty (30) days, or both, for each offense.
SECTION 6. This Ordinance shall be read on two separate days and become effective
upon summary publication pursuant to KRS Chapter 424.
Brandi Harless, Mayor
ATTEST:
City Clerk
Introduced by the Board of Commissioners, , 2020
Adopted by the Board of Commissioners, , 2020
Recorded by the City Clerk, , 2020
Published by The Paducah Sun, , 2020
Ord\98-Article VI & VII Parades & General Assemblies
Ordinance created by S. Blankenship – KKHB
236273
[Type here]
[Type here]
Over the years the City of Paducah has encouraged and supported all special events, runs, parades,
street closures, and other events that fall under the General Assemblies and Parade permit process in
the Code of Ordinances (Section 98 Article VI & VII). As budgets grow tighter, material and staffing
resources are at very tight margins. Beginning in the summer of 2018, City staff took on the challenge to
find solutions, forming subcommittees working as a part of the extended budget process. The goal of
these subcommittees: 1) Find opportunities for cost savings; 2) Better utilize resources in providing the
best services within our budget; 3) Create a sustainable framework for supporting community events in
the future.
The first two goals were considered and accepted in the City of Paducah FY2020 budget with several
strategies implemented in each department. This current recommendation addresses the third target:
creation of a sustainable framework for supporting future community events.
1. Create a $100 fee for the General Assemblies permit process for the special event. This action
was approved in the City of Paducah FY2020 budget.
2. Reduce the duplication of services provided by both the City and local businesses. If services are
provided by a local business, City staff are instructed not to provide materials and services
unless it is proven that local businesses cannot meet the demand. City services and material will
be charged at 125% of business pricing.
3. Create a cost recovery program for City Services and materials.
a. A graduated system of cost recovery will be implemented for services and materials
throughout the set-up, operation, and breakdown of an event:
i. Beginning January 2020 - 15% of City resources utilized;
ii. Beginning January 2021 – 20% of City resources utilized;
iii. Beginning January 2022 – 25% of City resources utilized.
b. Exceptions to be charged at a set fee:
i. Police off duty overtime security;
ii. City single source services such as trash pick-up and restroom units;
iii. Utility fees;
iv. Facility rentals.
c. Other exceptions:
i. City sponsored or co-sponsored events;
1. July 4th Celebration
2. Christmas Parade
3. Veterans Day sponsored activities
4. Parks and Recreation Department programming
5. Main Street programming
6. Lowertown Arts and Music Festival
ii. Other events as authorized by the City Manager.
Agenda Action Form
Paducah City Commission
Meeting Date: January 14, 2020
Short Title: Closure of a Portion of Colonial Court Between 100, 104, 106 & 107 Colonial Court - R
MURPHY
Category: Ordinance
Staff Work By: Rick Murphy, Josh Sommer, Melanie Townsend
Presentation By: Rick Murphy
Background Information:
The following property owner has submitted an executed application requesting that a portion of Colonial Court
between 100, 104, 106 & 107 Colonial Court be closed:
Colgan Properties, LLC
On December 16, 2019, the Planning Commission held a Public Hearing and made a positive recommendation
to the City Commission for this closure. All of the utility companies have agreed to this closure with a 20 foot
wide public utility easement as shown on the plat be required.
Does this Agenda Action Item align with a Strategic Plan Action Step? No
If yes, please list the Action Step Item Codes(s):
Funds Available:Account Name:
Account Number:
Staff Recommendation:
To adopt an ordinance authorizing the closing of a portion of Colonial Court between 100, 104, 106 & 107
Colonial Court and authorizing the Mayor to execute the closure plat and all necessary documents to complete
the transfer of property to the adjacent property owner.
Attachments:
1.Ordinance
2.Colonial Court ROW closure_Application signed
3.Colonial Court ROW Closure_PC Resolution
4.Colonial Court ROW closure_Plat
ORDINANCE NO. 2020-_____-_______
AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF
COLONIAL COURT BETWEEN 100, 104, 106 & 107 COLONIAL COURT AND
AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah does hereby authorize the closing of a
portion of Colonial Court between 100, 104, 106 & 107 Colonial Court as follows:
LEGAL DESCRIPTION
Lying at the end of Colonial Court per Final Subdivision Plat of Colgan Properties,
LLC recorded in Plat Section “M”, page 1302 and being part of the Colgan Properties,
LLC property recorded in Deed Book 1365, page 339 and Deed Book 1094, Page 74,
McCracken County Court Clerk’s office, McCracken County, Kentucky and more
particularly bounded and described as follows to wit:
Beginning at an existing 6” diameter concrete monument with cap 3732 in the
Northerly right-of-way line of Colonial Court as dedicated per Final Subdivision Plat
recorded in Plat Section “M”, page 1302, said point having Kentucky State Plane South
Zone-1602, Nad 83 coordinates of Northing: 1916321.87 and Easting: 789532.82 and
being 216.60 feet as measured Eastwardly along said Northerly right-of-way line from
its intersection with the Southeasterly right-of-way line of Pecan Drive; THENCE
FROM SAID POINT OF BEGINNING along and with the existing right-of-way line
of Colonial Court for the following 8 calls: Northeastwardly with a curve to the left
having a radius of 125.00 feet (a chord being N 33°21’36” E 41.81 feet) a distance of
42.01 feet to an existing 6” diameter concrete monument with cap no. 3732 at the end
of said curve; N 23°43’57” E and passing an existing ½” rebar with cap no. 3732 at
6.84 feet at the Southwesterly corner of Lot 5 per Plat Section “M”, page 1302 for a
total distance of 56.77 feet to an existing 6” diameter concrete monument at the
beginning of a curve to the left having a radius of 30.00 feet; Northwardly with said
curve to the left (a chord being N 0°26’56” E 23.72 feet) a distance of 24.38 feet to an
existing 6” diameter concrete monument with cap 3732 at the end of said curve and
beginning of a curve to the right having a radius of 50.00 feet; Northeastwardly with
said curve to the right (a chord being N 32°56’56” E 82.69 feet) a distance of 97.36
feet to an existing ½” rebar with cap no. 3732 at a lot corner between Lots 5 and 6 per
aforesaid Final Subdivision Plat recorded in Plat Section “M”, page 1302;
Southeastwardly and continuing with said curve to the right having a radius of 50.00
feet ( a chord being S 66°16’03” E 42.26 feet) a distance of 43.63 feet to an existing
½” rebar with cap no. 3732 at a corner between Lots 6 and 3 per said Plat Section “M”,
page 1302; Southwestwardly and continuing with said curve to the right having a radius
of 50 feet (a chord being S 14°30’59” W 82.69 feet) a distance of 97.36 feet to an
existing 6” diameter concrete monument with cap no. 3732 at the end of said curve and
beginning of a curve to the left having a radius of 30.00 feet; Southwestwardly with
said curve to the left (a chord being S 47°00’59” W 23.72 feet) a distance of 24.38 feet
to an existing 6” diameter concrete monument with cap no. 3732 at the end of said
curve; and S 23°43’57” W 19.39 feet to a 6” diameter concrete monument set in the
new right-of-way line of Colonial Court to be created; thence Westwardly with said
New right-of-way line of Colonial Drive to be created for the following 2 calls:
Westwardly with a curve to the left having a radius of 50 feet (a chord being S
74°46’40” W 50.85 feet to a 6” diameter concrete monument with cap no. 3732 set at
the end of said curve; and S 44°14’44” W 49.79 feet to the Point of Beginning and
containing 10,294.47 square feet or 0.236 Acres as shown on “Right-of-way Closure
Plat for Colgan Properties LLC” prepared by Siteworx Survey and Design LLC.
SECTION 2. In support of its decision to close the aforesaid public way, the Board
of Commissioners hereby makes the following findings of fact:
a. Colgan Properties, LLC, owns the properties abutting the public way which
the Board of Commissioners has authorized to be closed as is evidenced by the application for street
and/or alley closing which is attached hereto and made part hereof (Exhibit A).
b. On the 16th day of December, 2019, the Paducah Planning Commission of the
City of Paducah adopted a resolution recommending to the Mayor and Board of Commissioners of
the City of Paducah closure of the aforesaid public way.
c. Written notice of the proposed closing was given to all property owners in or
abutting the public way or the portion thereof being closed as is evidenced by the application for
street and/or alley closing which is attached hereto and made a part hereof (Exhibit A).
d. All property owners in or abutting the public way or the portion thereof being
closed have given their written notarized consent to the closing as is evidenced by the application for
street and/or alley closing which is attached hereto and made a part hereof (Exhibit A).
SECTION 3. All requirements of KRS 82.405(1) and (2) having been met, the
Board of Commissioners of the City of Paducah hereby concludes that the aforesaid public way, as
described above, should be closed in accordance with the provisions of KRS 82.405.
SECTION 4. The Mayor is hereby authorized, empowered, and directed to execute a
quitclaim deed from the City of Paducah to each of the property owners in or abutting the public way
to be closed with each to acquire title to that portion of the public way contiguous to the property
now owned by said property owners up to center line of the said public way. Provided, however, that
the City shall reserve such easements upon the above described real property as it deems necessary.
Said deed shall provide the reservation by the City of Paducah any easements affecting the herein
described real property as described in Section 1 above.
SECTION 5. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
___________________________________
Brandi Harless, Mayor
ATTEST:
___________________________________
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, January 14, 2020
Adopted by the Board of Commissioners, ________________________
Recorded by Lindsay Parish, City Clerk, __________________________
Published by The Paducah Sun, _____________________
\ord\eng\st close\Colonial Court 100, 104, 106, 107
CERTIFICATION
I, Lindsay Parish, hereby certify that I am the duly qualified and acting Clerk of the City of Paducah,
Kentucky, and that the foregoing is a full, true and correct copy of Ordinance No. _______________
adopted by the Board of Commissioners of the City of Paducah at a meeting held on
_______________.
____________________________________
City Clerk
Exhibit A
City of Paducah, Kentucky
Public Right-of-Way Closure Application
Agenda Action Form
Paducah City Commission
Meeting Date: January 14, 2020
Short Title: Execute an Agreement with Plante Moran not to Exceed $90,000 for Technical Assistance with
Energov Codes & Permitting Software Implementation - M SMOLEN
Category: Ordinance
Staff Work By: Michelle Smolen
Presentation By: Michelle Smolen, Stephen Chino
Background Information: The City recently executed an agreement with Tyler Technologies to implement
the Energov codes and permitting software. Staff is requesting technical assistance from Plante Moran for up
to 60 hours of project planning, 30 hours/month of support during the project and 40 hours of post-live
evaluation/support. Plante Moran has dedicated teams that specialize in the Energov product. This is a one-
time cost that will assist the City with efficiently delivering an effective codes and permitting software
solution. The technical services Plante Moran are providing is similar to the assistance Federal Engineering
provided with the CAD 911 implementation. Half of the cost will be absorbed into the ERP project budget for
the remainder of FY19. The remaining costs will be allocated in the FY20 budget.
Does this Agenda Action Item align with a Strategic Plan Action Step? Yes
If yes, please list the Action Step Item Codes(s): O-2:Create and sustain a customer centric culture
aligned with our organizational values
Funds Available:ERP Software ProjectAccount Name:
EQ0022 Account Number:
Staff Recommendation: Execute an Agreement with Plante Moran not to Exceed $90,000 for Technical
Assistance with Energov Codes & Permitting Software Implementation.
Attachments:
1.Ordinance
2.Plante Moran - EnerGov Project Management Services 01 08 2020
3.CM non-competitive procurement memo
543
ORDINANCE NO. 2020-____-_________
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE
AN AGREEMENT WITH PLANTE MORAN NOT TO EXCEED
$90,000 FOR TECHNICAL ASSISTANCE WITH ENERGOV
CODES & PERMITTING SOFTWARE IMPLEMENTATION
WHEREAS, staff is requesting technical assistance from Plante Moran for up
to 60 hours of project planning, 30 hours/month of support during the project and 40 hours of
post-live evaluation/support for the EnerGov product; and
WHEREAS, this is a one-time cost that will assist the City with efficiently delivering an
effective codes and permitting software solution; and
WHEREAS, Plante Moran has submitted a proposal to provide project management
services for the implementation of the City of Paducah’s EnerGov permitting, inspection, and
licensing system; and
WHEREAS, a written determination has been made by the City Manager that this
constitutes a professional services purchase and will be a noncompetitive negotiation purchase,
pursuant to KRS 45A.380(3).
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS
OF THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The City Commission does hereby accept the terms contained in the
proposal to provide project management services for the implementation of the City of
Paducah’s EnerGov permitting, inspection, and licensing system, and approve the execution of
an agreement in an amount not to exceed $90,000.
SECTION 2. The City Commission does hereby authorize and instruct the Mayor
to execute the Professional Services Agreement – Consulting Services Addendum to Plante &
Moran, PLLC Engagement Agreement on behalf of the City.
SECTION 3. This expenditure shall be charged to the ERP Software Project No.
EQ0022.
SECTION 4. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
____________________________________
Brandi Harless, Mayor
ATTEST:
__________________________________
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, January 14, 2020
Adopted by the Board of Commissioners, ________________________
Recorded by Lindsay Parish, City Clerk, _________________________
Published by The Paducah Sun, ________________________________
\ord\contract-Plante Moran 2020
Makethe mark.
City of Paducah,KY |January 8,2020
Project Management Services for Tyler EnerGov®
Implementation Support
January 8, 2020
Mrs. Michelle Smolen, Assistant City Manager
300 South 5th Street
P.O. Box 2267
Paducah, KY 42002-2267
RE: EnerGov Project Management Services
Plante Moran, PLLC (Plante Moran) is pleased to offer this proposal to provide project management services for
the implementation of the City of Paducah’s EnerGov permitting, inspection, and licensing system. We
appreciate the City’s commitment to providing exceptional customer service by investing in a modern land
management solution to improve customer service, streamline the permitting processes, and promote greater
development review staff coordination.
Plante Moran’s staff offer experience working in public service combined with technical knowledge to promote
the City’s readiness and deployment of its replacement land management system. Our project team brings
practice knowledge through firsthand experience as public sector practitioners and working with local
governments. We are pleased to feature recent experiences working with communities to evaluate and
implement EnerGov including Peoria IL, Wauwautosa WI, Pinellas Park FL, North Miami Beach FL and West
Palm Beach FL.
As project management advisors, a successful implementation of EnerGov will reinforce the City’s focus on
evaluating business practices to provide quality, value, and transparency to the public. We are committed to
sustaining and elevating the City’s brand as a destination for economic development.
We are pleased to offer these key differentiators:
Industry Commitment. With 65 years of service in the public sector, Plante Moran is committed to
serving governmental organizations through the active involvement of more than 200 professional
staff serving more than 1,200 public sector clients.
Community Development Process Evaluation: We have significant experience in conducting process
analysis, redesign and technology needs assessments within a practice dedicated to advancing local
government initiatives.
Dynamic Community References: We are pleased to share that we have been involved with important
projects at leading communities experiencing rapid growth with a focus on process evaluation specific
to community development operations and we will bring our insights to bear with your team. These
include Sunnyvale, CA, Des Moines, IA, Collier County, FL, City of Bend, OR, and West Palm Beach, FL.
Contributions to Public Sector Associations: Our project professionals who are members of national
and local organizations dedicated to improving the operations of local government including ICC,
GFOA, PTI, ICMA, and GMIS. We apply our exposure to best practices to benefit the City.
Credentialed and Proven Team: Our proposed project professionals received training in a number of
disciplines that will add value to the City, including Lean Six Sigma, Project Management Professional,
and Prosci® Change Management. Additionally, our proposed staff have first-hand experience
leveraging enterprise Geographic Information Systems (GIS) for spatial analysis.
Experienced, Unbiased, Independent Advisors: We bring a solution agnostic approach with complete
independence from all software vendors with the benefit of research within the Community
Development software vendor marketplace. And we have relevant insights to bring to bear to the City,
having worked with multiple clients implementing offerings by Accela (Automation), Tyler (EnerGov),
Harris (CityView), CSDC (Amanda), Infor (CDR), Cityworks (PLL), and others.
Unparalleled Government Experience: Our proposed project team has experience working within a
municipal government as practitioners in areas within the scope of this project. This includes working
as community planners, planning commissioners, city council, and zoning code enforcement. We are
intimately familiar with all of the development review functions that will be evaluated and will bring
this expertise to the City.
Our proposed team blends the technology and municipal operations knowledge with seasoned, management
consultants to work on this important initiative. We believe that this range of qualifications will offer
significant value to the City to promote the successful deployment of EnerGov. If you have any questions
concerning this proposal, please contact me at 248-223-3447 or Scott.Eiler@plantemoran.com
Very truly yours,
PLANTE & MORAN, PLLC
Scott Eiler, Partner
Project Management Implementation Services –Plante Moran 4 | P a g e
Experience
PublicServiceDelivery Technology &OperationsConsulting
Plante Moran’s Public Service Delivery Practice enable communities to assess, optimize, and elevate their
constituent facing, service delivery systems and processes including: service request/work order, enterprise asset
management, community development planning, construction inspection, licensing, public safety, and code
enforcement processes. We appreciate the challenges and responsibilities our clients face within dynamic
communities to provide responsive, accurate, and complete information to investors, businesses, and citizens.
Our practice staff have experience serving on planning commissions, working with communities as
planning/zoning consultants, working as GIS professionals integrating analyses/data, and working with Land
Management Systems (LMS), Enterprise Asset Management, Utility Billing Systems, Enterprise Resource Planning
Systems, and many integrated software solutions. Our approach to the advancing processes and systems enables
our clients to elevate their levels of service, achieve internal efficiencies, and harness the full potential of modern
technology solutions.
RelevantClient Experiences
Plante Moran offers a summary of a summary of engagements performed for our clients over the past three years
including Land Development Services (including construction permitting, inspections, zoning, code enforcement,
CDBG housing programs, plan review, appeals). The projects involve business process assessments and/or
technology related selections where processes are reviewed in conjunction with the development of functional
and technical requirements for replacement permitting, inspection, and licensing systems.
Client Name Project Title Project Date
Collier County, FL Mapping & Documentation of Core Business
Processes – Growth Management Department:
Development Services Division
April 2018 – Jan 2019
City of West Palm Beach, FL Development Services Assessment and
Implementation Strategy
Sept. 2017 - Present
City of Bend, OR Community Development Business Process Review
Services
April 2016 - Present
City of Georgetown, TX Land Management System Selection (Component of
ERP Scope)
Nov 2016 - Present
City of Des Moines, IA Permitting, Inspection and Licensing System Needs
Assessment / Selection
Sept 2016 – May 2018
Village of Wellington, FL Permitting, Inspection, and Licensing System
Implementation
Sept 2016 – May 2019
City of Fernandina Beach, FL Permitting, Inspection, and Licensing System
Implementation
July 2016 – Jan 2019
Project Management Implementation Services –Plante Moran 5 | P a g e
Client Name Project Title Project Date
City of Norman, OK Land Management System Selection (Component of
ERP System Scope)
May 2016 – June 2017
City of St. Charles, IL Community Development Needs Assessment and
Requirements Development
Feb 2016 – Aug 2016
City of Hollywood, FL Land Management System – Assessment and
Selection (Component of ERP Scope)
May 2015 – May 2016
City of Coral Springs, FL Land Management System – Options Analysis
(Component of ERP Scope)
May 2015 – Aug 2015
County of Livingston, MI Permitting System Evaluation and Selection Feb 2015 – Apr 2016
City of Appleton, WI Land Management System Selection
(Component of ERP System Scope)
Feb 2015 – May 2016
City of Winter Park, FL Land Management System Selection
(Component of ERP System Scope)
Feb 2015 – July 2016
City of Roswell, GA Post ERP Implementation Review
(Including Land Management Systems)
Oct 2014 – Aug 2016
City of Paducah, KY Land Management System Selection
(Component of ERP System Scope)
Sep 2014 – June 2016
Village of Park Forest, IL Land Management System Assessment
(Component of ERP System Scope)
June 2014 – June 2015
City of Bend, OR Land Management System Selection and
Implementation Management Assistance (Component
of ERP Scope)
Aug 2013 – Present
City of Pinellas Park, FL Land Management System Selection and
Implementation Management Assistance (Component
of ERP Scope)
May 2013 – June 2019
Village of Woodridge, IL Land Management System Selection
(Component of ERP System Scope)
May 2013 – Jan 2015
City of Pueblo, CO ERP Due Diligence and Implementation Management
Assistance
Mar 2013 – June 2018
Village of Northbrook, IL Land Management System Selection
(Component of ERP System Scope)
Mar 2013 – Jan 2015
City of Columbia, MO Land Management System Selection and
Implementation (Component of ERP System Scope)
May 2012 – Aug 2016
City of North Miami Beach, FL Land Management Needs Assessment, System
Selection, Contract Negotiations and Implementation
Support
Apr 2011 – Nov 2019
Project Management Implementation Services –Plante Moran 6 | P a g e
References
City of West Palm Beach,FL
401 Clematis Street
West Palm Beach, FL 33401
Population: 110,000
Mr. Rick Green
Development Services Director
561-822-1455
rgreene@wpb.org
Development Services Assessment and Implementation Strategy
The City competitively selected Plante Moran to conduct an independent
evaluation and documentation of all Development Services business processes to
ensure that the City is following best practices and effective organizational
management. This included conducting business process mapping and findings
from onsite interviews, background research, and process discovery sessions
with over 120 staff in twelve (12) different departmental service areas comprised
of department heads, subject matter experts, end users, and executive project
committee members.
Subsequent to the process mapping work, we then assisted the City in the
procurement of a new Community Development Solution. Activities included
RFP development, proposal analysis, vendor due diligence and negotiation of a
contract with the selected vendor, EnerGov. We are now in the early stages of
providing Implementation Management Assistance to the City associated with
the deployment of the EnerGov solution.
Project Timeline: September 2017 – Present
Collier County,FL
Mr. Lazaro Pomier, Sr. Operations
Analyst
Growth Management
Department, Development
Services Team
2800 N. Horseshoe Drive
Naples, FL 34104
239-252-8214
Lazaro.Pomier@colliercountyfl.go
v
Mapping and Documentation of Core Business Processes
n response to increasing population growth and services demand following the
impact of Hurricane Irma, the County selected Plante Moran through a
competitive RFP process to document its current and future state business
processes within the County’s Development Services Team. The project involved
customer service, planning, building, code enforcement, and operations
administration areas. Services included training on Lean Six Sigma principles
contributing to an Agency-wide, performance management framework including
process mapping, the development of performance metrics and continuous
improvement strategies, specifically the proposal of change management
framework for identifying, evaluating and implementing process. It also
included a position turnover analysis involving 350 employees assessing the
impacts at the process level involving over 800 activities performed to administer
enforcement and compliance in accordance with County, State, and Federal land
development laws.
Project Timeline: Apr 2018 – January 2019
Project Management Implementation Services –Plante Moran 7 | P a g e
City of Bend,OR
Ms. Denise Wallace
IT Business Analyst
710 NW Wall Street
Bend, OR 97701
dwallace@bendoregon.gov
541.388.5583
www.bendoregon.gov
Community Development (Land Management)System Vendor
Selection and Implementation Management Assistance
Plante Moran conducted a comprehensive Enterprise Resource Planning (ERP)
needs assessment and selection project for the City to replace legacy applications
within multiple lines of business, including core financials, procurement,
budgeting, HR, land management, inspections, permitting. This project included
conducting interviews with process owners and end-users, development of an
RFP, proposal analysis, and due diligence assistance. It also included an
integrated information process assessment (IIPA) to inform the selection and
implementation of LMS and ERP systems. The City also engaged Plante Moran to
conduct a business process review of the Fire Department’s timekeeping
functions, and provide recommendations to streamline the workflow and
implement best practices and appropriate control points to better ensure
accuracy and accountability.
Project Assessment and Selection Timeline: August 2013 – December 2016
Project Implementation Support: September 2017 – March 2018
City of North Miami Beach,
FL
Mr. Gil Sosa
Senior IT Manager
Information Technologies
Division
17011 NE 19th Avenue, Suite 304
North Miami Beach, FL 33162
305.948.2975 ext. 2824
Gil.Sosa@citynmb.com
ERP Needs Assessment,System Selection and
Implementation Management Assistance
Conducted a comprehensive Enterprise Resource Planning (ERP)
needs assessment and selection project for the City to replace legacy
applications within multiple lines of business within the City. The
project included conducting of interviews with process owners and
process end-users, development of a Needs Assessment report
identifying process improvement opportunities, development of an
ERP RFP, proposal analysis, due diligence assistance and contract
negotiations and statement of work development with the selected
ERP vendor, Munis and EnerGov.
Project Timeline: April 2011 – Current
Town of Jupiter,FL
Mr. Andrew Burgess
Director of Information
Systems
210 Military Trail
Jupiter, FL 33458
561.741.2385
drewb@jupiter.fl.us
EnerGov Post Implementation Remediation Assistance
Assisted the Town in analyzing the Town’s current situation with the
EnerGov LMS implementation, created an action plan with
recommendations on how to successfully implement the EnerGov
solution to utilize the system as it was designed and assisted the
Town in establishing processes that are more efficient. As a result of
the action plan, we conducted follow-up reviews with the Town and
vendor related to execution of the plan.
Project Timeline: May 2016 – Sept 2017
Project Management Implementation Services –Plante Moran 8 | P a g e
Proposed Staffing
Team
Member
Project Role Relevant Expertise
Scott Eiler
Partner
Engagement Director
Scott will have overall responsibility for
ensuring that all Plante Moran services are
completed within schedule and budget.
Provides project quality control over Plante
Moran deliverables and services.
30 years’ experience assisting clients with
technology related needs and twenty-two years
specifically devoted to serving public sector
clients. He has extensive experience providing
technology services for including technology
planning, system selection, technology
assessments, IT organizational evaluations, and
quality assurance and implementation
management.
Christopher
Blough, PMP
Manager
Project Manager
Responsible for the day-to-day
performance of the team, and strategic
direction of deliverables. Assure that all
tasks are completed on schedule, within
budget and meet appropriate quality
standards.
19 years’ experience in land management,
permitting, licensing, and asset management
processes and integrations involving enterprise
technologies with Geographic Information
Systems (GIS). He is a credentialed project
management professional (PMP) and has applied
background in Lean Six Sigma, community
planning, and zoning enforcement.
Alex Jones
Senior
Consultant
Permitting, Licensing, and Land
Management Consultant Implementation
Management Advisor
Will lead requirement gathering sessions
for all modules and recommend updates to
EnerGov workflow
He will also facilitate meetings (onsite &
remote) with the City and Tyler to
document minutes, action items and ensure
objectives are being met.
Finally, he will provide project management
services by tracking issues, communicating
risks and mitigation strategies, and
managing testing and post upgrade
activities.
Five years’ technology consulting experience
specializing in process optimization, system
selection and implementation management for
Permitting & Land management systems.
Facilitates process optimization activities
resulting in requirements definition. Alex also
provides implementation advisory services
including data cleansing strategies, test script
development, and end-user acceptance testing.
Currently supporting the implementation of the
new permitting and land management systems
for North Miami Beach, FL (Tyler EnerGov). City
of Bend, OR (Harris CityView), and the City of
Peoria, IL, (Tyler EnerGov)
Proposal to Provide Development Review Consulting Services –PLANTE MORAN 9 | P a g e
Detailed Staff Resumes
Education
Master of Business Administration
University of Michigan
Bachelor of Science in General
Engineering
University of Illinois
Professional Training &
Affiliations
Government Finance Officers
Association (GFOA)
Florida Government Finance Officers
Association (FGFOA)
Project Management Institute (PMI)
Project Management Professional
(PMP) since 2003
ITIL V3 Foundation Certified
Prosci Change Management Certified
Scott Eiler,PMP
Project Director: EnerGov Implementation Advisory Services
Summary of Experience
Scott has over thirty years’ experience assisting clients with various technology related
needs and twenty five years specifically devoted to serving governmental clients at the
local, County and State level. He has extensive experience in providing numerous
technology services for governmental clients including technology planning,
technology assessments, software selections and implementation management
assistance. He is also a champion within the firm on the development and education of
staff on project management theory, tools and techniques.
Project Roles
Scott will serve as the Engagement Director on the project ensuring the overall quality
and completeness of activities to be performed and deliverables to be provided on the
project.
Selected Key Clients
Broward County, FL
Collier County, FL
Dane County, WI
Miami-Dade County, FL
DuPage County, IL
Gwinnett County, GA
Hancock County, OH
Horry County, SC
Johnson County, KS
Kent County, MI
Lake County, IL
Oakland County, MI
St. Louis County, MO
Waukesha County, WI
Solid Waste Authority of Palm Beach
County (SWA), FL
City of Cleveland, OH
City of Battle Creek, MI
City of Hollywood, FL
Village of Wellington, FL
City of West Palm Beach, FL
City of Dublin, OH
City of Kalamazoo, MI
City of Ft. Lauderdale, FL
City of Carrollton, TX
City of Hallandale Beach, FL
City of Mesa, AZ
City of North Miami Beach, FL
City of Ann Arbor, MI
City of Miramar, FL
City of Columbia, MO
Town of Jupiter, FL
City of Midland, MI
City of Owensboro, KY
City of Chandler, AZ
City of Winter Park, FL
City of Pueblo, CO
City of Pinellas Park, FL
Central Ohio Transit Authority, OH
Emerald Coast Utilities Authority
(ECUA), FL
Proposal to Provide Development Review Consulting Services –PLANTE MORAN 10 | P a g e
Education
Master of Public Administration,
Eastern Michigan University
Bachelor of Science in Geography/
Earth Science,
Central Michigan University
Selected Publications
The GIS Guide for Elected Officials,
City of Novi, MI – Moving Novi’s
Online Mapping Services to the
Cloud, Esri Press, 2014
Professional Training &
Affiliations
Project Management Professional
(PMP), Project Management Institute
(Certificate #1373368)
Lean Six Sigma Green Belt, Purdue
University
IT Service Management, ITIL v3
Foundation, APM Group Ltd. (2012)
Institute of Asset Management
Certificate #1029965
Building Officials Association of
Florida
Project Management Institute, Great
Lakes Chapter
Esri International User Conference
2006, 08, 10, 12*, 15, 19 (*Special
Achievement in GIS Award on behalf
of Novi, Michigan)
Society for Maintenance and
Reliability Professionals
Christopher Blough,MPA,PMP
Project Manager: EnerGov Implementation Advisory Services
Summary of Experience
Chris leads Plante Moran’s Public Services Practice with 19 years of technology
applications management specializing in county, municipal, and special purpose
government operations. As credentialed project manager and an ITIL certified
applications manager, he leads enterprise service delivery projects involving ERP systems
for regulatory compliance (licensing, permitting, land management), core financials,
human resources, purchasing, inventory management, capital budgeting, geographic
information systems (GIS), and enterprise asset and work management (EAM/CMMS).
Manages project teams to assess business opportunities, compare solution options,
evaluate and select solutions, negotiate contracts, and deliver implementation advisory
services to ensure realization of expected outcomes.
Credentialed IT Project Manager: By working in 35+ local government organizations in
his career, Chris offers proven methods and firsthand experience enabling public sector
professionals to increase the business value derived from enterprise systems and
applications. He leads project teams to assess business opportunities, prepare options
analyses, evaluate and select solutions, negotiate technology contracts, and provide third-
party implementation advisory services.
Public Sector IT Leadership: As a former public servant working in county and municipal
government technology leadership roles, he recognizes opportunities for collaboration
and joint investment in technology initiatives applying return-on-investment strategies.
His clients recognize his ability to lead multi-disciplinary teams to build compelling
business cases linked to outcomes to establish ownership and accountability.
LEAN Six Sigma (LSS) Process Optimization: Chris integrates LSS practices with clients
to optimize business processes by increasing customer value recognition throughout the
IT service delivery lifecycle for both internal and external stakeholders. He equips clients
to qualify and prioritize IT projects and services using data-driven and analytics insights.
IT Program Governance and Project Governance: Chris coaches and trains clients to
prepare IT governance strategies to deliver short and long-term organizational
commitments to ensure people, process, and technology sustain their expected value.
Recent and Relevant Project Experiences
City of West Palm Beach, FL, Permitting System Replacement (In Progress): Lead
consultant for one of Florida’s fastest growing communities facing an 11% annual increase
in permitting activity and a $2 billion backlog in proposed and scheduled projects in 2017.
The project involved discovery and process definition for 12 departments and 30 business
units involving over 120 staff. It also examined ways to streamline business tax receipts
processes to ensure the fair and equitable collection of $3.6 million in annual revenues.
The project scope involved process diagramming for 27 major processes involving 750
activities. Through this process discovery, the City is using 80 use cases specific to core
business requirements to software demos representing the needs of Planning, Building
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Selected Clients
City of Des Moines IA: Project
Manager, CD System Assessment and
Selection
City of Hollywood, FL: Lead
Consultant, CD Permitting Business
Needs Evaluation
City of St. Charles, IL: Project
Manager, CD Needs Assessment and
Requirements Definition
City of Sunnyvale CA: Project
Manager, CD System Assessment and
Selection
City of West Palm Beach, FL: Project
Manager, CD Assessment, Business
Process Evaluation, Selection, and
Implementation Management
County of Collier FL: Project
Manager, Business Process Mapping
and Documentation
Safety Code, Engineering, Utilities, Fire, Police, Public Works, Parks and Recreation, and
Property Code Enforcement.
County of Collier, FL, Mapping and Documentation of Core Business Processes: Project
manager for a continuous improvement initiative launched in response to significant
population growth and services demand following Hurricane Irma addressing customer
service, planning, building, code enforcement, and operations administration areas of the
County’s Growth Management Department, Development Services Agency. The project
involved the documentation of current-state and future-state business processes
spanning all functions of the land development and code enforcement lifecycle. Services
included training on LEAN and Six Sigma principles contributing to an Agency-wide,
performance management framework including the creation of performance metrics and
continuous improvement strategies. It also included a position turnover analysis
involving 350 employees assessing the impacts at the process level involving over 800
activities performed to administer enforcement and compliance in accordance with
County, State, and Federal land development laws. Strategies to promote the introduction
and adoption of performance measures were featured along with stakeholder change
management techniques to promote adoption of the processes identified.
Des Moines, IA, Assessment & Business Systems Replacement (Completed May 2018):
Project Manager overseeing the business needs to replace the City’s 20-year old Accela
Tidemark information system serving 12 departments and 30 business units. Des Moines’
7% is annual permitting activity growth coupled with being the nucleus of the fastest
growing metro region in the Midwest in terms of population, GDP, and jobs in 2016. Over
70 Community Development staff engaged in the project were using 49 different business
systems to serve the public. The project resulted in significant process streamlining with
28 systems identified for replacement. The City’s GIS integration was supported to
provide a single point of entry for addresses within GIS which would automatically
validate all addresses used in the replacement permitting solution.
City of St. Charles, IL, Enterprise Application Assessment Project (Completed August
2016) | EAM/CD Assessment and Requirements Definition Project (Completed July 2017)
Project manager and lead consultant for an enterprise applications assessment (EAA) of
the City’s enterprise applications and related systems involving the City’s financial,
human resources, utility billing, asset management, and permitting/inspection activities.
The assessment included a current system total cost of ownership analysis, identification
of alternatives for replacing systems, and the development of a financial analysis to
produce a return on investment (ROI) calculation for three approaches to update the
City’s existing applications environment. A second, separate project included an
assessment and business requirements development for Community Development
(permitting, licensing, and inspection) and Enterprise Asset Management (work order
management) to strategically optimize and align the City’s technology, practices, and
resources.
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Education
Bachelor of Science in Applied
Engineering Sciences
Supply Chain Management
Specialization
Michigan State University
Selected Key Clients
Alex Jones
Lead Consultant: EnerGov Implementation Management Services
Summary of Experience
Alex has 4 years of technology consulting experience. Prior to working for Plante
Moran, Alex worked as a data conversion consultant servicing private sector
clients in the manufacturing industry to be engaged before, during, and post go
live to ensure data integrity as they converted data from their enterprise legacy
systems to desired target ERP system(s). His experience involved client interviews
to develop specs and requirements, process mapping, data cleansing, developing
test scripts, overseeing end user acceptance testing, and post go live support.
With Plante Moran, Alex has serviced a variety of municipal clients with process
discovery and current state assessment, RFP development, solution evaluation and
selection, and post implementation assessments with a primary focus on Land
Management, ERP and Document Management Solutions. During these
engagements, he plays a fundamental part in engaging with the client to
understand current business needs, identifying process inefficiencies and
functional gaps, collaborating with the client to develop comprehensive functional
system requirements to be summarized in a request for proposal (RFP) document.
Recent and Relevant Project Experiences
City of North Miami Beach, FL – EnerGov Implementation (In Progress)
The City of North Miami Beach is in the process of implementing EnerGov 2019
after the first attempt was put on hold in 2016. Alex serves as the primary
third party consultant to ensure a successful implementation and desired
functionality from the City is being met. Responsibilities include:
Requirements gathering from all departments
Facilitating weekly status meetings to ensure City & vendor are owning
project activities
Identifying functional gaps during configuration and testing and organizing
meetings with EnerGov consultants & City end-users to confirm
understanding of proposed functionality
Develop testing resources including a testing plan, EnerGov testing log to
efficiently manage testing process and escalate issues to EnerGov consultants
Review budget reports, invoices and budgeted vs. actual hours to ensure
proposed services are being delivered
City of Bend, OR – LEAP IIPA Process Mapping (Spring 2018)
In support of the Leading Effective Applications and Processes (LEAP), Alex was
one of 2 project consultants servicing the City in their Integrated Inspections and
Permitting Applications (IIPA) Business Process mapping initiative. Alex was
primarily responsible for following Project Activities and tasks:
Developing and maintaining project administration tools, including project
charter, project plan, interview schedule and interview questionnaires
Facilitating process discovery discussions, mapping out end-to-end
fundamental business processes and identifying process inefficiencies
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Facilitating process validation sessions, working with the City to finalize
current state process maps and confirm recognized process inefficiencies
Engineering future state “To-Be” process maps based on the City’s current
inefficiencies, desired functionality, and best practice considerations
Develop and present best practice presentation summarizing similar
municipalities utilizing best practice techniques and tools and how they can
be applied to the City in a future environment
Borough of State College, PA ERP Assessment
Tyler Munis was selected and implemented by the Borough in 2014. 4 years later,
the Borough found themselves with outstanding modules to be implemented, only
a few members of the original project team, minimal documentation and no
support from their Tyler account rep. Alex was part of a 2 person team to provide
consulting services to assess their current state and provide a recommendation to
utilize Tyler instead of procuring a new ERP. Key activities involved in this
engagement were:
Review contract to identify modules being paid for but not yet
implemented or utilized by the Borough
Facilitated onsite discussions to assess current state processes, process
inefficiencies, desired training, outstanding help desk tickets, and desired
functionality
Develop report summarizing current state environment, a recommendation to
utilize their current ERP, with a plan including specific milestones and activities to
achieve our recommendation.
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Scope of Services
Implementation Management Roles
There are a variety of roles that we can fulfill on the City’s EnerGov implementation that is dependent on
the following variables:
Ability to enforce project management and control procedures
Each of these options and the estimated time commitment is provided below and can be scaled based on the
City’s needs.
Pre-
Implementation
and Initial
Project Planning
Assistance
Provide pre-implementation planning assistance and assistance
prior to and during the early stages of system implementation to
ensure that project management processes, procedures, tools and
templates are implemented and will being used effectively.
60 - 80 hrs
Overall Project
Manager
Act as the client project manager during the implementation. .40 - .60 FTE
Co-Project
Manager
Together with the City’s Project Manager, track and confirm that
action items and homework are completed on time. Approve all
invoices while tracking and reporting the monthly project budget.
Ensure that the project adheres to the timeline and avoid scope
creep. Provide contract compliance support.
8-12 hours /
week
Plante Moran’s project management advisory services can be scaled and refined to support the City’s needs.
We begin by reviewing the contract documents including the master licensing and services agreement and
the investment summary to understand the scope objectives set forth. It is assumed the City will assume
responsibility for all final decisions and will be supported by Plante Moran’s project management team.
Scope of solution and services selected by City
Availability of City staff and vendor staff
Expiration date of current maintenance contracts
City’s desired implementation approach (i.e., phased versus “big bang”)
Complexity of implementation (e.g., high number of interfaces, extensive data conversion, etc.)
Availability of budgeted funds to allocate necessary resources for each project phase
Complexity of the implementation plans including budget, timing and dependencies for City
Strength of the communications to review progress and discuss project issues
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Based on our discussions with the City we are proposing the following responsibilities for each of the three
major project management phases of the project to provide the most value to the City.
Activities Deliverables
3.1 Project initiation and
implementation planning
support services
Project organizational chart
Roles and responsibilities
matrix
Project charter
Scope statement
Stakeholder impact matrix
Implementation lessons
learned
Client success characteristics
Project issues, risks, and
decisions tracking log
Stakeholder communications
plan
Project management plan
Review of vendor WBS
Project schedule mgt plan
Project timeline
Project deliverables tracking
Stakeholder roles and
responsibilities matrix
Budget monitoring tool
Project change control
procedures
Pre Implementation and Initial Project Planning Phase Activities
At the initiation of the project, activities will be performed to ensure a solid foundation for moving forward has
been established. Specifically, the types of project initiation and phase transition activities to be performed are
listed below.
Assist in the development of an EnerGov Statement of Work (SOW) that defines the parameters around
the EnerGov phase of the City’s Tyler implementation.
Review and analyze the implementation plan submitted by Tyler’s EnerGov project team and present
recommendations to the EnerGov project manager as to acceptability, timeline, staffing impact,
budgetary and other considerations.
Review and assess associated subsidiary plans (e.g. resource, communication, risk, data conversion,
interface, etc.).
Assist in the development of a project charter defining stakeholder roles and responsibilities, project
scope, identify risks, and communications plan.
Prepare stakeholder engagement strategy and communications plan.
Assist in the development and deployment of project templates and tools.
Establish collaboration centers to effectively track and store project documents and artifacts.
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On Going Implementation Assistance Activities
At this stage, the EnerGov project migrates to an execution and controlling focus where the majority of
activities and time will be spent managing the implementation of the new land management solution. Plante
Moran would anticipate the following activities being performed by the City during the implementation phase
of the project. Plante Moran would coordinate and provide advice regarding these typical implementation
activities in conjunction with the EnerGov Project Manager. Our involvement would be to assist and coach the
City’s Project Manager during this phase of the project and be on-site for times when the EnerGov resources are
on-site.
Activities Deliverables
Project execution and control
support services execution and
control support services
Defined hardware, applications,
and database configuration
environment reviews
Project status reports
Updates to communications,
schedule, risks, decision
logs/plans
Training curriculum reviews
Application and service tracking
Client deployment process
Meeting minutes
Updates to process diagram and
procedure updates
EnerGov invoice reviews
Data conversion maps and
analytics strategies and go-live
checklist
Project Closing and Post Implementation Support
After the EnerGov go-live, the project will transition to a project closing and transition to support task in which
much of the time will be spent on resolving go-live issues and transitioning from an implementation to an on-
going operational state of the system. The transition from the implementation phase to an operational state the
system should be considered a process and not an event. The following activities are essential to complete the
transition to system operational go-live.
Provide assistance in tracking and resolving post go-live issues.
Summarizing the accomplishments of the project, including lessons learned.
Transferring documentation and knowledge.
Identifying post-implementation team activities and develop a post-implementation plan.
The table below outlines project closing and post-implementation support phase activities. The primary
support role represents the party(s) accountable for performing the activity and delivering the expected results.
The advisory support role represents the party(s) advising the designated, primary support party.
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Activities Deliverables
Project closing and post implementation
support
Post-implementation plan
Transition plan
Post-implementation process and
system audit
Ongoing system support
procedures
Go-live cutover checklist
Documentation of lessons learned
and strategies for future
knowledge transfer
Project Fees and Timing
Based on our discussions with the City, we are estimating our activities for each of the above project
management phases and hours estimates to support the City in each of these phases to be as follows. These
services are provided at a blended billing rate of $225/hr that is inclusive of all travel and incidental
expenses.
Phase Duration Hours Fees
Pre-Implementation
and Initial Project
Planning
Jan – Feb 2020 60 hrs $13,500
On-Going
Implementation
Assistance
Mar – Dec 2020 30 hrs/mo = 300 hrs $67,500
Project Closing and
Post-Implementation
Support
Jan – Feb 2021 40 hrs $ 9,000
Totals: 400 hrs $90,000
Based on the above hours and blending billing rate, we are projecting a total non-to-exceed fee of $90,000.
At the start of the project we will prepare an hours tracking spreadsheet that will project our hours over the
life of the project. On a monthly basis we will report out our actual hours incurred for the previous month
and on a cumulative basis so as to provide visibility to the City as to how our hours are being consumed. We
will bill the City monthly based on the hours incurred in the previous month. We will not exceed the above
hours unless mutually agreed to and approved in advance by the City through a formal change order.
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Professional Services Agreement –Consulting Services
Addendum to Plante &Moran,PLLC Engagement Agreement
This Professional Services Agreement is part of the engagement agreement for our consulting services dated
January 8, 2020 between Plante & Moran, PLLC (referred to herein as “PM”) and City of Paducah, KY (referred
to herein as “CITY”).
1.Management Responsibilities – The consulting services PM will provide are inherently advisory in
nature. PM has no responsibility for any management decisions or management functions in connection
with its engagement to provide these services. Further, CITY acknowledges that CITY is responsible for
all such management decisions and management functions; for evaluating the adequacy and results of
the services PM will provide and accepting responsibility for the results of those services; and for
establishing and maintaining internal controls, including monitoring ongoing activities, in connection
with PM’s engagement. CITY has designated Michelle Smolen, Assistant City Manager, to oversee the
services PM will provide.
CITY represents and warrants that any and all information that it transmits to Plante Moran will be done
so in full compliance with all applicable federal, state, and foreign privacy and data protection laws, as
well as all other applicable regulations and directives, as may be amended from time to time (collectively,
“Data Privacy Laws”). CITY shall not disclose personal data of data subjects who are entitled to certain
rights and protections afforded by applicable federal, state, and foreign privacy and data protection laws
(“Personal Data”) to PM without prior notification to PM. CITY shall make reasonable efforts to limit the
disclosure of Personal Data to PM to the minimum necessary to accomplish the intended purpose of the
disclosure to PM.
Prior to commencement of the services, PM agrees that it shall apply for a business license as required
by the City of Paducah and shall maintain such license for the term of this agreement and any extension
thereof.
2.Nature of Services – PM’s project activities will be based on information and records provided to PM by
CITY. PM will rely on such underlying information and records and the project activities will not include
audit or verification of the information and records provided to PM in connection with the project
activities.
The project activities PM will perform will not constitute an examination or audit of any CITY financial
statements or any other items, including CITY’s internal controls. Additionally, this engagement will not
include preparation or review of any tax returns or consulting regarding tax matters. If CITY requires
financial statements or other financial information for third-party use, or if CITY requires tax
preparation or consulting services, a separate engagement letter will be required. Accordingly, CITY
agrees not to associate or make reference to PM in connection with any financial statements or other
financial information of CITY. In addition, PM’s engagement is not designed and cannot be relied upon
to disclose errors, fraud, or illegal acts that may exist. However, PM will inform you of any such matters
that come to PM’s attention.
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3.Vendor Selection – Unless expressly agreed to in writing by Plante Moran, Plante Moran does not conduct
independent due diligence activities regarding potential vendors that may respond or have responded to
CITY’s request for proposals. Plante Moran’s role relative to due diligence activities is limited to assisting
CITY develop and/or follow a process by which CITY participates in due diligence activities that are
designed to evaluate vendors and solutions against CITY’s decision criteria. Plante Moran’s assistance in
this regard is designed to help the CITY execute a selection methodology that is consistently and fairly
applied to all vendors involved in the bid process. It is CITY’s responsibility to assess, evaluate, and weigh
the results of the due diligence activities CITY conducts, and CITY is ultimately responsible for making
and accepting responsibility for the decision it makes relative to vendor and solution selection.
4.Project Deliverables – At the conclusion of PM’s project activities and periodically as PM progress, PM
will review the results of its work with CITY and provide CITY with any observations related to PM’s
services that PM believes warrant CITY’s attention. PM also will provide CITY with copies of analyses or
other materials that PM may develop in the course of this engagement upon CITY’s request. PM will not
issue a written report as a result of this engagement and CITY agrees that the nature and extent of the
work product that PM will provide, as outlined in this agreement, are sufficient for CITY’s purposes.
5.Interactive Analyses and Visualizations – In instances where PM expressly agrees in the accompanying
agreement to provide interactive analyses or visualization tools (collectively, “Electronic Documents”) to
CITY, such Electronic Documents will be provided in a format determined to be acceptable to PM. CITY
acknowledges and agrees that CITY’s ability to access such Electronic Documents may require software
programs that PM does not develop, license, or support, and CITY shall be solely responsible for the costs
to obtain, use, or support any such required software. PM makes no representation or warranty with
respect to such software or the continuing functionality of such software relative to the Electronic
Documents and disclaims any and all express or implied warranties if any, associated with such software,
its merchantability, and/or its fitness for any particular use by CITY.
If and to the extent provided by PM, Electronic Documents are provided solely for the purpose of
supporting the project deliverables and are to be used only as expressly described in and authorized by
the project deliverables. PM disclaims any responsibility for any use of the Electronic Documents that is
not expressly provided for in and authorized by the project deliverables. Further, CITY acknowledges that
CITY is solely responsible for evaluating the adequacy and accuracy of any results generated through the
use of Electronic Documents. PM will have no responsibility to support or update the Electric Documents
for any events or circumstances that occur or become known subsequent to the date of their
corresponding project deliverables.
CITY acknowledges that PM may utilize proprietary works of authorship that have not been created
specifically for CITY and were conceived, created, or developed prior to, or independent of, this
engagement including, without limitation, computer programs, methodologies, algorithms, models,
templates, software configurations, flowcharts, architecture designs, tools, specifications, drawings,
sketches, models, samples, records, and documentation (collectively, “PM Intellectual Property”). CITY
agrees and acknowledges that PM Intellectual Property is and shall remain solely and exclusively the
property of PM.
Upon payment for the engaged services, to the extent that PM incorporates PM Intellectual Property into
the Electronic Documents (which PM shall do only as expressly provided for in the accompanying
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agreement), PM grants to CITY a limited royalty-free, nonexclusive, right and license to use such
incorporated PM Intellectual Property for internal purposes only and in the original format. CITY agrees
not to copy, publish, modify, disclose, distribute, decompile, reverse engineer, or create derivative works
based on PM Intellectual Property. Notwithstanding the foregoing, in no event will PM be precluded from
developing for itself or for others, works of authorship which are similar to those included in the project
deliverables.
If and to the extent PM shares information obtained from third-party data sources with CITY, CITY
agrees not to (i) disclose or redistribute any such third-party data to third parties without the express
written consent of PM; or (ii) attempt to extract, manipulate, or copy any embedded or aggregated third-
party data from the Electronic Documents for any purpose.
6.Confidentiality, Ownership, and Retention of Workpapers – During the course of this engagement, PM
and PM staff may have access to proprietary information of CITY, including, but not limited to,
information regarding general ledger balances, financial transactions, trade secrets, business methods,
plans, or projects. PM acknowledges that such information, regardless of its form, is confidential and
proprietary to CITY. PM will comply with all applicable ethical standards, laws, and regulations as to the
retention, protection, use, and distribution of such confidential client information. Except to the extent
set forth herein, PM will not disclose such information to any third party without the prior written
consent of CITY.
In the interest of facilitating PM’s services to CITY, PM may communicate or exchange data by internet,
email, facsimile transmission or other electronic methods. While PM will use its best efforts to keep such
communications and transmissions secure in accordance with PM’s obligations under applicable laws
and professional standards, CITY recognizes and accepts that PM has no control over the unauthorized
interception of these communications or transmissions once they have been sent, and consents to PM’s
use of these electronic devices during this engagement.
Professional standards require that PM create and retain certain workpapers for engagements of this
nature. All workpapers created in the course of this engagement are and shall remain the property of PM.
PM will maintain the confidentiality of all such workpapers as long as they remain in PM’s possession.
Both CITY and PM acknowledge, however, that PM may be required to make its workpapers available to
regulatory authorities or by court order or subpoena in a legal, administrative, arbitration, or similar
proceeding in which PM is not a party. Disclosure of confidential information in accordance with
requirements of regulatory authorities or pursuant to court order or subpoena shall not constitute a
breach of the provisions of this agreement. In the event that a request for any confidential information
or workpapers covered by this agreement is made by regulatory authorities or pursuant to a court order
or subpoena, PM agrees to inform CITY in a timely manner of such request and to cooperate with CITY
should CITY attempt, at CITY’s cost, to limit such access. This provision will survive the termination of
this agreement. PM’s efforts in complying with such requests will be deemed billable to CITY as a separate
engagement. PM shall be entitled to compensation for its time and reasonable reimbursement of its
expenses (including legal fees) in complying with the request.
PM reserves the right to destroy, and it is understood that PM will destroy, workpapers created in the
course of this engagement in accordance with PM’s record retention and destruction policies, which are
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designed to meet all relevant regulatory requirements for retention of workpapers. PM has no obligation
to maintain workpapers other than for its own purposes or to meet those regulatory requirements.
Upon CITY’s written request, PM may, at its sole discretion, allow others to view any workpapers
remaining in its possession if there is a specific business purpose for such a review. PM will evaluate each
written request independently. CITY acknowledges and agrees that PM will have no obligation to provide
such access or to provide copies of PM’s workpapers, without regard to whether access had been granted
with respect to any prior requests.
7.Consent to Disclosures to Service Providers – In some circumstances, PM may use third-party service
providers to assist PM with its services, including affiliates of PM within or outside the United States. In
those circumstances, PM will be solely responsible for the provision of any services by any such third-
party service providers and for the protection of any information provided to such third-party service
providers. PM will require any such third-party service provider to: (i) maintain the confidentiality of any
information furnished; and (ii) not use any information for any purpose unrelated to assisting with PM’s
services for CITY. In order to enable these third-party service providers to assist PM in this capacity,
CITY, by its duly authorized signature on the accompanying engagement letter, consents to PM’s
disclosure of all or any portion of CITY’s information, including tax return information, to such third-
party service providers, including affiliates of PM outside of the United States, if and to the extent such
information is relevant to the services such third-party service providers may provide and agrees that
PM’s disclosure of such information for such purposes shall not constitute a breach of the provisions of
this agreement. CITY’s consent shall be continuing until the services provided for this engagement
agreement are completed.
8.Third-Party Data – PM may reference third-party data sources in performing the services described in
the agreement. Third-party data may include publicly available data, commercially available data licensed
to PM, or information obtained from other sources. PM will use its judgment, discretion, best efforts, and
good faith in evaluating the use of third-party data sources, but does not warrant or guarantee the
accuracy, completeness, or timeliness of any data obtained from third-party data sources and disclaims
any liability arising out of or relating to the use of data from third-party data sources. CITY acknowledges
that any commercially available third-party data sources referenced by PM are licensed to PM and PM’s
ability to share information obtained from commercially available third-party data sources is often
restricted by the terms of use granted to PM by the licensor and, unless expressly set forth in the
accompanying agreement, PM makes no representation or warranty that CITY will have access to data
obtained from third-party data sources. If and to the extent PM shares information obtained from third-
party data sources with CITY, CITY agrees not to disclose or redistribute any such third-party data to
third parties without the express written consent of PM. This agreement does not convey to CITY a
sublicense to any third-party data source unless expressly agreed to in writing and signed by a duly
authorized representative of PM. However, nothing herein shall prevent CITY from directly contracting
with or obtaining a license from any third-party data source if CITY determines, in its sole discretion,
that any such direct contract or license to be in its best interest.
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9.Fee Quotes – In any circumstance where PM has provided estimated fees, fixed fees or not-to-exceed fees
(“Fee Quotes”), these Fee Quotes are based on CITY personnel providing PM staff the assistance necessary
to satisfy CITY responsibilities under the scope of services. This assistance includes availability and
cooperation of those CITY personnel relevant to PM’s project activities and providing needed information
to PM in a timely and orderly manner. In the event that undisclosed or unforeseeable facts regarding
these matters causes the actual work required for this engagement to vary from PM’s Fee Quotes, those
Fee Quotes will be adjusted for the additional time PM incurs as a result.
In any circumstance where PM’s work is rescheduled at the City’s request or requirement, PM offers no
guarantee, express or implied, that PM will be able to meet any previously established deadline related to
the completion of PM’s work. Because rescheduling its work imposes additional costs on PM, in any
circumstance where PM has provided Fee Quotes, those Fee Quotes may be adjusted for additional time
PM incurs as a result of rescheduling its work at the request or requirement of the City. The City shall
not be responsible for any additional costs incurred due to rescheduling of the work at the request or
requirement of PM.
PM will advise CITY in the event these circumstances occur; however, it is acknowledged that the exact
impact on the Fee Quote may not be determinable until the conclusion of the engagement. Such fee
adjustments will be determined in accordance with the Fee Adjustments provision of this agreement.
10.Payment Terms – PM’s invoices for professional services are due upon receipt unless otherwise specified
in the agreement. In the event any of PM’s invoices are not paid in accordance with the terms of this
agreement, PM may elect, at PM’s sole discretion, to suspend work until PM receives payment in full for
all amounts due or terminate this engagement. In the event that work is suspended, for nonpayment or
other reasons, and subsequently resumed, PM offers no guarantee, express or implied, that PM will be
able to meet any previously established deadlines related to the completion of PM’s consulting work. CITY
agrees that in the event that work is suspended, for non-payment or other reasons, PM shall not be liable
for any damages that occur as a result of PM ceasing to render services.
11.Fee Adjustments – Any fee adjustments for reasons described in this agreement will be determined based
on the actual time expended by PM staff at $225/hr, and included as an adjustment to PM’s invoices
related to this engagement. CITY acknowledges and agrees that payment for all such fee adjustments will
be made in accordance with the payment terms provided in this agreement.
12.Force Majeure – Neither party shall be deemed to be in breach of this engagement agreement as a result
of any delays or non-performance directly or indirectly resulting from circumstances or causes beyond
its reasonable control, including, without limitation, fire or other casualty, acts of God, war or other
violence, or epidemic (each individually a “Force Majeure Event”). A Force Majeure Event shall not excuse
any payment obligation relating to fees or costs incurred prior to any such Force Majeure Event.
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13.Exclusion of Certain Damages – Except to the extent finally determined to have resulted from PM’s gross
negligence or willful misconduct, the liability of PM and any of PM’s officers, directors, partners,
members, managers, employees, affiliated, parent or subsidiary entities, and approved allied third-party
service providers (collectively, “PM Persons”) for any and all claims, losses, costs, and damages of any
nature whatsoever is limited so that the total aggregate liability of the PM and/or the PM Persons with
respect to and arising out of the services provided hereunder shall not exceed the total fees paid to PM
for the services provided in connection with this engagement agreement. It is agreed that these
limitations on PM’s and the PM Persons’ maximum liability are reasonable in view of, among other things,
the nature, scope, and limitations of the services PM is to provide, and the fees PM is to receive under
this engagement. In no event shall the PM or the PM Persons be liable, whether a claim be in tort, contract,
or otherwise, for any consequential, indirect, lost profit, punitive, exemplary, or other special damages.
The exclusion of certain damages as set forth in this Section apply to any and all liabilities or causes of
action against PM and/or the PM Persons, however alleged or arising, unless and to the extent otherwise
prohibited by law. This provision shall survive the termination of this engagement.
In the event this engagement agreement expressly identified multiple phases of services, the total
aggregate liability of PM shall be limited to no more than the total amount of fees received by PM for the
particular phase of services alleged to have given rise to any such liability.
14.Defense, Indemnification, and Hold Harmless – As a condition of PM’s willingness to perform the
services provided for in the agreement, CITY agrees to defend, indemnify, and hold PM and the PM
Persons harmless against any claims by third parties for losses, claims, damages, or liabilities, to which
PM or the PM Persons may become subject in connection with or related to the services performed in the
engagement, unless a court having jurisdiction shall have determined in a final judgment that such loss,
claim, damage, or liability resulted primarily from the willful misconduct or gross negligence of PM, or
one of the PM Persons. This defense, indemnity, and hold harmless obligation includes the obligation to
reimburse PM and/or the PM Persons for any legal or other expenses incurred by PM or the PM Persons,
as incurred, in connection with investigating or defending any such losses, claims, damages, or liabilities.
15.Receipt of Legal Process – In the event PM is required to respond to a subpoena, court order, or other
legal process (in a matter involving CITY but not PM) for the production of documents and/or testimony
relative to information PM obtained and/or prepared during the course of this engagement, CITY agrees
to compensate PM for the affected PM staff’s time at such staff’s current hourly rates, and to reimburse
PM for all of PM’s out-of-pocket costs incurred associated with PM’s response unless otherwise
reimbursed by a third party.
16.Termination of Engagement – This agreement may be terminated by either party upon written notice.
Upon notification of termination, PM’s services will cease and PM’s engagement will be deemed to have
been completed. CITY will be obligated to compensate PM for all time expended and to reimburse PM for
related costs PM incurs through the date of termination of this engagement.
17.Time Limits – Except for actions to enforce payment of PM’s invoices and without limiting any claims
for indemnification hereunder, any claim or cause of action arising under or otherwise relating to this
engagement must be filed within two years from the completion of the engagement without regard to
any statutory provision to the contrary.
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18.Entire Agreement – This engagement agreement is contractual in nature and includes all of the relevant
terms that will govern the engagement for which it has been prepared. The terms of this letter supersede
any prior oral or written representations or commitments by or between the parties regarding the subject
matter hereof. Any material changes or additions to the terms set forth in this letter will only become
effective if evidenced by a written amendment to this agreement, signed by all of the parties.
19.Severability – If any provision of this engagement agreement (in whole or part) is held to be invalid or
otherwise unenforceable, the other provisions shall remain in full force and effect.
20.Conflicts of Interest – PM’s engagement acceptance procedures include a check as to whether any
conflicts of interest exist that would prevent PM’s acceptance of this engagement. No such conflicts have
been identified. CITY understands and acknowledges that PM may be engaged to provide professional
services, now or in the future, unrelated to this engagement to parties whose interests may not be
consistent with interests of CITY.
21.Agreement Not to Influence – CITY and PM each agree that each respective organization and its
employees will not endeavor to influence the other’s employees to seek any employment or other
contractual arrangement with it, during this engagement or for a period of one year after termination of
the engagement. CITY agrees that PM employees are not “contract for hire.” PM may release CITY from
these restrictions if CITY agrees to reimburse PM for its recruiting, training, and administrative
investment in the applicable employee. In such event, the reimbursement amount shall be equal to two
hundred hours of billings at $225/hr hourly rate] for the PM employee.
22.Signatures – Any electronic signature transmitted through DocuSign or manual signature on the
agreement transmitted by facsimile or by electronic mail in portable document format may be considered
an original signature.
23.Governing Law – This agreement shall be governed by and construed in accordance with the laws of the
State of Kentucky, and jurisdiction over any action to enforce this agreement, or any dispute arising from
or relating to this agreement shall reside exclusively within the State of Kentucky.
End of Professional Services Agreement – Consulting Services
We look forward to working with you.
Please contact us with any questions.
Scott Eiler
Engagement Partner
Scott.Eiler@plantemoran.com
Direct: 248.223.3447
27400 Northwestern Highway
P.O. Box 307
Southfield, MI 48037-0307
11th largest CPA and consulting firm in the United States.
Christopher Blough
Project Manager
Christopher.Blough@plantemoran.com
Direct 248-223-3209
27400 Northwestern Highway
P.O. Box 307
Southfield, MI 48037-0307
CITY OF PADUCAH
CITY MANAGER’S OFFICE
CITY HALL, 300 SOUTH 5TH STREET
PADUCAH, KY 42001 (270) 444-8503
MEMORANDUM
TO: Board of Commissioners
FROM: James Arndt, City Manager
Michelle Smolen, Assistant City Manager
DATE: January 8, 2020
RE: Plante Moran Non-Competitive Determination
The City of Paducah is proposing to enter into a professional services contract with Plante
Moran for technical assistance with the implementation of the Energov Codes and Permitting
software. The contract is structured to not exceed $90,000. This contract is for professional
services and will be a noncompetitive negotiation purchase pursuant to KRS 45A.380(3).
Agenda Action Form
Paducah City Commission
Meeting Date: January 14, 2020
Short Title: Amend Code of Ordinances Section 70-52 to Add One Additional Member to the Brooks
Stadium Commission - J ARNDT
Category: Ordinance
Staff Work By: James Arndt, Lindsay Parish, Claudia Meeks
Presentation By: James Arndt
Background Information: The City of Paducah established the Brooks Stadium Commission to promote
the full use of the Brooks Stadium facilities and adjacent properties as it deems in the best interest of the
public. The Brooks Stadium Commission has made recommendation to the Board of Commissioners of the
City of Paducah to increase by one the number of members appointed to the Brooks Stadium Commission.
In order to add an additional member to the Brooks Stadium Commission, it is necessary to amend Section 70-
52 of the Code of Ordinances. This action will increase the total number of Brooks Stadium Commission
members to ten (10). This action also removes the voting rights of the Brooks Stadium Commission President
except to cast the deciding vote in the case of a tie.
Does this Agenda Action Item align with a Strategic Plan Action Step? No
If yes, please list the Action Step Item Codes(s):
Funds Available:Account Name:
Account Number:
Staff Recommendation: To approve an ordinance amending Section 70-52 of the Paducah Code of
Ordinances to increase the number of members of the Brooks Stadium Commission from nine (9) to ten (10)
and to remove the voting rights of the President of the Commission except to cast the deciding vote in the case
of a tie.
Attachments:
1.Ordinance
ORDINANCE NO. 2020-_____-__________
AN ORDINANCE AMENDING CHAPTER 70, ARTICLE III
“BROOKS STADIUM COMMISSION” OF THE CODE OF ORDINANCES OF
THE CITY OF PADUCAH, KENTUCKY
WHEREAS, the City of Paducah established the Brooks Stadium
Commission to promote the full use of the Brooks Stadium facilities and adjacent
properties as it deems in the best interest of the public; and
WHEREAS, the Brooks Stadium Commission has made recommendation
to the Board of Commissioners of the City of Paducah to increase by one the number of
members appointed to the Brooks Stadium Commission; and
WHEREAS, the City Commission now wishes to act upon the
recommendation of the Brooks Stadium Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF
PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah, Kentucky, hereby amends
Chapter 70 of the Paducah Code of Ordinances by amending the following section:
Sec. 70-52. - Composition; appointment of members.
The Brooks Stadium Commission shall consist of [nine (9)] ten (10) members
who shall be appointed by the Mayor with the approval of a majority of the
members of the Board of Commissioners. One (1) of the [nine (9)] ten (10)
members shall be appointed from the Board of Commissioners of the City. In
addition, the Director of [Parks Services] the Parks and Recreation Department
shall serve as an ex officio member of the board, but shall not have any voting
rights. The President of the Brooks Stadium Commission may participate in
Commission proceedings, but shall not have a vote, except that the President may
cast the deciding vote in case of a tie.
SECTION 2. The provisions of this ordinance are severable. If any
provision, section, paragraph, sentence or part thereof shall be held unconstitutional or
invalid, such decision shall not affect or impair the remainder of this ordinance, it being
the legislative intent to ordain and enact each provision, section, paragraph, sentence and
part thereof separately and independent of each other.
SECTION 3. This Ordinance shall be read on two separate days and
become effective upon summary publication pursuant to KRS Chapter 424.
______________________________
Brandi Harless, Mayor
ATTEST:
__________________________________
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, January 14, 2020
Adopted by the Board of Commissioners, ________________________________
Recorded by Lindsay Parish, City Clerk, ______________________________
Published by The Paducah Sun, ________________________
\ord\70-52 Brooks Stadium Commission