HomeMy WebLinkAboutOrdinance 2019.013 Repealing Town Code Chapter 9-9 and Replacing with Code Chapter 9-9 RF.eco ded ByI Ate, RECORDER °V VIII1 IIII VIII VIII VIII FIN VIII VIII VIII VIII VIII IIII IIII
DEPUTY RECORDER Ar
�s SEQUENCE: 20191790512
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TOWN OF MARANA 444010 10:51:57
PICKUP
MARANA AZ
ESTABLISHED 1977
RE-RECORDING
MARANA ORDINANCE NO. 2019.013
Ordinance No. 2019.013 was originally recorded on June 24, 2019, sequence number
20191750233. However, that version of the document was missing the first page of
Exhibit A referenced by Resolution No. 2019-058. This re-recording of Ordinance No.
2019.013 now includes the missing first page from Exhibit A.
DO NOT REMOVE PART OF OFFICIAL DOCUMENT
1
F. ANN RODRIGUEZ, RECORDER 1111IIIIIIIIIIII11111IIIIIIIIIIIIIIIIIII10111IIIIII11111III
Recorded By: JSH o( j '
DEPUTY RECORDER SEQUENCE: 20191750233
NO. PAGES: 11
SMARP. 06/24/2019
TOWN OF MARANA
PICKUP 440700 10:29:59
MARANA ORDINANCE NO. 2019.013
RELATING TO BUSINESS REGULATIONS; REPEALING TOWN CODE CHAPTER 9-9
(CABLE TELEVISION) AND REPLACING IT WITH TOWN CODE CHAPTER 9-9
(VIDEO SERVICES) TO CONFORM TO ARIZONA REVISED STATUTES TITLE 9
CHAPTER 13 AS ADOPTED BY LAWS 2018 CHAPTER 331 (SENATE BILL 1140); AND
ADOPTING THE UNIFORM VIDEO SERVICES LICENSE AGREEMENT AND THE
APPLICATION AND AFFIDAVIT FOR UNIFORM VIDEO SERVICE LICENSE
WHEREAS the Arizona Legislature adopted Senate Bill 1140 (Laws 2018
Chapter 331), which is now codified in the Arizona Revised Statutes at Title 9 Chapter
13 (A.R.S. § 9-1401 et seq.), requiring the creation of a state-wide uniform video services
license agreement and application form and requiring all Arizona municipalities to
adopt them no later than July 1, 2019; and
WHEREAS Senate Bill 1140 dictates the terms of the license agreement and
application, and the League of Arizona Cities and Towns has developed the uniform
license agreement and application form, in coordination with cable industry
representatives; and
WHEREAS Senate Bill 1140 preempts all local cable regulations except in
situations where an incumbent cable operator with an existing license opts to keep its
old license; and
WHEREAS Marana's incumbent cable operator is Comcast, whose 2003 license
expired in August 2018, leaving Marana with no incumbent cable operator with a
license and with no reason to retain its old,now-preempted cable regulations; and
WHEREAS Marana's cable regulations are codified in Town Code Chapter 9-8
(Cable Television) as of the date this ordinance is being adopted, but will be
renumbered as Town Code Chapter 9-9 (Cable Television) effective July 5, 2019 by
operation of Section 1 of the text amendments attached as Exhibit A to Marana
Resolution No. 2019-049, declaring as a public record the revisions to Town Code Title 9
(Business Regulations) adopted on June 5, 2019 by Marana Ordinance No. 2019.012; and
WHEREAS the Town Council finds that adoption of this ordinance is in the best
interests of the Town and its citizens and conforms to and carries out the terms of
Senate Bill 1140.
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NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, as follows:
SECTION 1. Marana Town Code Chapter 9-9 (Cable Television) is hereby
repealed in its entirety.
SECTION 2. Marana Town Code Title 9 (Business Regulations) Chapter 9-9
(Video Services) is hereby adopted as follows:
CHAPTER 9-9. VIDEO SERVICE
9-9-1 Definitions and requirements
A. Terms used in this chapter are defined in A.R.S. § 9-1401.
B. This chapter supplements and carries out the provisions of Arizona revised
statutes title 9 chapter 13 (A.R.S. § 9-1401 et seq.), which sets forth the
regulations and requirements for providing video service and constructing
and operating a video service network in the town.
9-9-2 Video service license required
A person wishing to provide video service and to construct and operate a video
service network in any service area within the boundaries of the town shall do all
of the following:
A. Submit a completed application and affidavit for uniform video service
license.
B. Sign and comply with the terms of the uniform video service license
agreement.
C. Comply with all applicable provisions of Arizona revised statutes title 9
chapter 13 (A.R.S. § 9-1401 et seq.).
9-9-3 License fee
A. For the privilege of a video service provider to occupy or use, in whole or in
part, any highway within the boundaries of the town to provide video
service through a video service network, each video service provider shall
pay the town a license fee of 5% of the gross revenue the video service
provider receives from its subscribers located within the boundaries of the
town.
B. The license fee shall be paid quarterly, with the payment for each calendar
quarter due no more than 30 calendar days following the end of the calendar
quarter.
C. If any license fee payment is not made on or before the its due date
agreement, the video service provider shall pay an interest charge, computed
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from the due date, at an annual rate equal to the federal short-term rate
determined pursuant to 26 U.S.C. § 6621(b) plus 11/2% during the period for
which payment was due.
9-9-4 Grant of authority
A. The local government receipt section of the application and affidavit for
uniform video service license may be signed by or for the town clerk.
B. The town engineer is authorized to sign the uniform video service license
agreement on behalf of the town.
SECTION 3. The Application and Affidavit for Uniform Video Service License
form, one paper copy and one electronic copy of which are on file in the office of the
Town Clerk of the Town of Marana, Arizona, which was made a public record by and
attached as Exhibit A to Marana Resolution No. 2019-058, is hereby referred to, adopted
and made a part of this ordinance as if fully set out here.
SECTION 4. The Uniform Video Service License Agreement form, one paper
copy and one electronic copy of which are on file in the office of the Town Clerk of the
Town of Marana, Arizona, which was made a public record by and attached as
Exhibit B to Marana Resolution No. 2019-058, is hereby referred to, adopted and made a
part of this ordinance as if fully set out here.
SECTION 5. The Town Attorney is hereby authorized to make minor revisions to
the forms adopted by Sections 3 and 4 of this ordinance, including without limitation
revising the names of the Town officers signing the forms and making non-substantive
revisions to conform to revisions to the Application and Affidavit for Uniform Video
Service License and Uniform Video Service License Agreement forms issued by the
League of Arizona Cities and Towns.
SECTION 6. The various town officers and employees are authorized and
directed to perform all acts necessary or desirable to give effect to this ordinance.
SECTION 7. All ordinances, resolutions, or motions and parts of ordinances,
resolutions, or motions of the Council in conflict with the provisions of this ordinance
are hereby repealed, effective as of the effective date of this ordinance.
SECTION 8. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, the decision shall not affect the validity of the
remaining portions of this ordinance.
SECTION 9. This ordinance is effective on July 19, 2019.
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PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
Arizona, this 18th day of June, 2019.
Mayor Ed Honea
ATTE:, APPROVED AS TO FORM:
loI �.5 f
Cherry L. L,wson, Town Clerk Fr. k Cas:idi, Tow A ttorney
MARANA AZ
ESTABLISHED 1977
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MARANA RESOLUTION NO. 2019-058
RELATING TO BUSINESS REGULATIONS; DECLARING AS A PUBLIC RECORD
FILED WITH THE TOWN CLERK THE APPLICATION AND AFFIDAVIT FOR
UNIFORM VIDEO SERVICE LICENSE AND UNIFORM VIDEO SERVICE LICENSE
AGREEMENT FORMS ADOPTED BY MARANA ORDINANCE NO. 2019.013
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, that the Application and Affidavit for Uniform Video Service
License and Uniform Video Service License Agreement forms adopted by Marana Or-
dinance No. 2019.013, copies of which are attached to and incorporated in this resolu-
tion as Exhibit A and Exhibit B respectively, one paper copy and one electronic copy of
which are on file in the office of the Town Clerk, are hereby declared to be a public rec-
ord and ordered to remain on file with the Town Clerk.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN
OF MARANA, ARIZONA, this 18th day of June, 2019.
Mayor Ed Honea
ATTES
Cherry L. L son, Town Clerk
G.
MARANA AZ
ESTABLISHED 1977
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Marana Resolution No. 2019-058 6/11/20191:17 PM
EXHIBIT A TO MARANA RESOLUTION NO. 2019-058
Application and Affidavit for Uniform Video Service form adopted by
Marana Ordinance No. 2019.013
Model Uniform Video Service License Agreement
Date of Issuance:
This Uniform Video Service License Agreement ("License") is made on the date of
issuance hereof by and between the Town of Marana, an Arizona municipal corporation
("Licensor") and a
("Licensee").
WHEREAS, Licensee has filed a completed application and affidavit under Title 9,
Chapter 13, Arizona Revised Statutes ("Licensing Statute"), for Licensor to issue a
Uniform Video Service License to Licensee; and
WHEREAS, Licensee is authorized under the laws of the State of Arizona to
provide Cable Service.
NOW THEREFORE, in consideration of the foregoing recitals, which are
incorporated herein and the mutual covenants set forth herein, the Parties agree as
follows:
1. Definitions. Capitalized terms that are not defined herein have the same
meaning prescribed in the Licensing Statute, including A.R.S. Section 9-1401.
2. Licensee Information. The following appear on Exhibit A attached hereto and
are incorporated herein by this reference:
2.1. The name of Licensee, its type of entity and its jurisdiction of formation.
2.2. The address and telephone number of Licensee's principal place of
business.
2.3. The names, titles and addresses of Licensee's principal executive
officers or general partners.
2.4. The names, titles, telephone and fax numbers and email addresses of
any persons authorized to represent Licensee before Licensor.
3. Grant of License. Under the Licensing Statute, Licensor hereby issues to
Licensee, and Licensee hereby accepts from Licensor, a nonexclusive Uniform Video
Service License.
3.1. The Service Area in which this License authorizes Licensee to provide
Video Service in the area described on Exhibit B attached hereto and incorporated
herein by this reference.
3.2. Licensor grants Licensee authority in the delivery of Video Service to
use and occupy, and to construct and operate a Video Service Network in,
Highways in the Service Area in compliance with the Licensing Statue and this
License.
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Marana Resolution No. 2019-058
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6/11/20191:17 PM
EXHIBIT A TO MARANA RESOLUTION NO. 2019-058
Application and Affidavit for Uniform Video Service form adopted by
Marana Ordinance No. 2019.013
3.3. Licensee may operate and maintain facilities installed in the Highways
in the Service Area to provide services pursuant to and subject to all the following:
A.R.S. Section 9-584 and A.R.S. Title 9, Chapter 5.
4. Licensee Compliance with Law. Licensee shall comply with and be subject to:
4.1. All valid and enforceable federal and state laws.
4.2. All generally applicable, nondiscriminatory Local Laws, including
highway use, mapping, insurance, performance bonds, security fund,
indemnification, letter of credit or similar requirements that apply to the use and
occupation of any highway and that conform to the Licensing Statute.
4.3. All public, education and government programming requirements of the
Licensing Statute.
4.4. All customer service rules of the Federal Communications Commission
under 47 Code of Federal Regulations Section 76.309(c) applicable to Cable
Operators.
4.5. All consumer privacy requirements of 47 United States Code
Section 551 applicable to Cable Operators.
5. Commencement of Video Service; Revocation. If Licensee is an incumbent
cable operator, Licensee shall begin to provide Video Services under this License on the
date of issuance of this license. If Licensee is not an incumbent cable operator, Licensee
shall provide video service to at least one subscriber within each service area authorized
by this License not laterthan twenty-four months after the date of issuance of this License.
Failure of a non -incumbent cable operator to provide video service to at least one
subscriber within each service area as set forth above shall result in revocation of this
License unless the Licensee establishes to the satisfaction of the Licensor that such
failure was for reasons beyond the Licensee's control.
6. License Fee. Licensee is required to pay the License Fees required under the
Licensing Statute and all other lawful fees, taxes and charges imposed by Licensor. The
initial rate of the License Fee shall be five (5) percent.
7. Federal Filinq Requirement. Licensee is required to file in a timely manner with
the Federal Communications Commission all forms required by that agency before
Licensee offers Video Service in the Service Area, including the forms required by
47 Code of Federal Regulations Section 76.1801.
8. Term. The term of this License is ten (10) years and shall begin on the date of
issuance.
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EXHIBIT A TO MARANA RESOLUTION NO. 2019-058
Application and Affidavit for Uniform Video Service form adopted by
Marana Ordinance No. 2019.013
9. Compliance with Law. Licensor and Licensee agree that they are subject to and
must comply with the Licensing Statute. This License is subject to A.R.S. Section 38-511.
Licensor
Town of Marana, an Arizona municipal
corporation
Bv:
Keith Brann, Town Engineer
Date:
ATTEST:
Cherry L. Lawson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Licensee
[Name & state of incorporation)
By :_
Its:
Date:
STATE OF )
)ss.
County of )
The foregoing instrument was acknowledged before me this day
of 20_ by , the of
a on behalf of Licensee.
(Seal)
Notary Public
STATE OF ARIZONA
) ss.
County of Pima )
The foregoing instrument was acknowledged before me this day
of , 20_ by Keith Brann, the Town Engineer of the Town of Marana, an
Arizona municipal corporation, on its behalf.
(Seal)
Notary Public
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6/11/2019 12:10 PM
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EXHIBIT A TO MARANA RESOLUTION NO. 2019-058
Application and Affidavit for Uniform Video Service form adopted by
Marana Ordinance No. 2019.013
EXHIBIT A
[Information about Licensee]
1. Licensee:
Date.
Applicant's Name:
Principal Place of Business
Phone: Address:
_
City: State:
zip:
Type of Entity: Jurisdiction of Formation:
Email:
II. Licensee's principal executive officers or general partners:
Name:
Title:
Address:
Name:
Title:
Address:
Name:
Title:
Address:
Name:
Title:
Address:
III. Person(s) authorized to represent Licensee before Local Government:
Name: Title:
Address:
Phone: Fax: --1Email:
Name: Title:
Address:
Phone: Fax: Email:
Name: Title:
Address:
Phone: Fax: Email.
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EXHIBIT A TO MARANA RESOLUTION NO. 2019-058
Application and Affidavit for Uniform Video Service form adopted by
Marana Ordinance No. 2019.013
[Service Area]
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EXHIBIT B TO MARANA RESOLUTION NO. 2019-058
Uniform Video Service License Agreement form adopted by Marana Ordinance No. 2019.013
APPLICATION AND AFFIDAVIT FOR UNIFORM VIDEO SERVICE LICENSE
(Pursuant to Title 9, Chapter 13, Arizona Revised Statutes)
Local Government: Town of Marana, an Arizona municipal corporation
I. Applicant:
Date .___
Applicant's Name:
Principal Place of Business-
......
Phone. Address:
City/Town: State: Zip:
Type of Entity: Jurisdiction of Formation: Email:
II. Applicant's principal executive officers or general partners:
Name: _Title .:............................. ................. _........................._._......._...._.........._......_...........^........... _............M............
._..... .... ..__�............._......................................................................................................................................
Address:
Name: Title:
Address:
Name: Title:
Address:
Name: Title:
Address:
III. Person(s) authorized to represent Applicant before Local Government:
_._... ... ._......
Name: Title:
Address:
Phone: Fax: Email:
Name: Title:
Address:
..... ..........
Phone. I Fax Email:
IV. Check one pursuant to Arizona Revised Statutes Section 9-1411(C)(4):
O Applicant is an Incumbent Cable Operator as provided in Arizona Revised Statutes,
Section 9-1401(13).
LI Applicant is not an Incumbent Cable Operator. The date on which the Applicant expects to
provide Video Services in the Service Area identified below under Section 9-1411(C)(5) is:
Date:
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EXHIBIT B TO MARANA RESOLUTION NO. 2019-058
Uniform Video Service License Agreement form adopted by Marana Ordinance No. 2019.013
V. For All Applications:
A. Applicant will timely file with the Federal Communications Commission all forms required by that
agency before Applicant offers Video Service in the Service Area, including the forms required
by 47 Code of Federal Regulations Section 76.1801.
B. The term of the uniform video service license shall be (not to exceed ten years):
I Years
C. Applicant agrees to pay all lawful fees and charges imposed by Local Government as provided in
Arizona Revised Statutes, Section 9-1414(8)(4).
D. Applicant agrees to notify Local Government in writing of changes to the above information within
thirty days after the change occurs as provided in Arizona Revised Statutes, Section 9-1414(B)(2).
E. Provide an exact description of the Service Area as set forth in Arizona Revised Statutes,
Section 9-1411(C)(5), as identified by a geographic information system digital boundary meeting
or exceeding national map accuracy standards.
Select one:
❑ The Service Area consists of all the territory within the Boundaries of Local Government
❑ The Service Area consists of all the territory within the area described on attached Exhibit A.
Applicant Verification
I certify that the information contained in this application for a video service license in the Town of Marana is true
and correct. I further affirm that I am authorized by (NAME OF APPLICANT] to file this
application on behalf of applicant and to bind the applicant with respect to the representations made in Section
V, Paragraphs A through D of this application. A copy of the authorization is attached to this application.
Local Government Receipt
The foregoing Application and Affidavit for Uniform Video Service License was received by Local Government
this day of , 20_; at
TOWN OF MARANA, an Arizona municipal
corporation ("Local Government")
By:
Cherry L. Lawson, Town Clerk
11555 W. Civic Center Dr.
Marana, Arizona 85653
Office: (520)382-1900
Fax: (520) 382-1901
Email: Clawson@maranaaz.gov
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