August 5, 2004
Lake Charles, Louisiana
The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, August 5, 2004, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with The Honorable Brent Clement, President, presiding, and the following members present:
Mrs. Sandra J. Treme; and Messrs. Francis Andrepont, Calvin Collins, Mike Danahay, Tony Guillory, Chuck Kleckley, Chris Landry, Charles S. Mackey, D.D.S., Hal McMillin, Cornie Moon, Tony Stelly, and Alvin Stevens
Absent: Mrs. Elizabeth Conway Griffin (vacation), and Mr. Don Manuel (ill)
Also present were Mr. S. Mark McMurry, Parish Administrator; Mr. Bryan Beam, Assistant Administrator; Mrs. Coleen Clark, Executive Secretary; Mr. Richard Gremillion, Director of Emergency Preparedness and Homeland Security; Mr. Jerry Milner, Director of Finance; Mr. Claude Smart, Parish Engineer; Mr. Allen L. Smith, Jr., of the firm of Plauche, Smith and Nieset, General Counsel; Mrs. Kathy P. Smith, Recording Secretary; and Mr. Jim Vickers, Director of Planning and Development.
President Clement called the meeting to order. The invocation was pronounced by Father Henry Mancuso which was followed by the Pledge of Allegiance led by Mr. Guillory. The roll was called with the result being as outlined above.
President Clement welcomed everyone in attendance and asked those who would like to address the Police Jury to fill out a “Request to Appear” form and submit it to the staff. He also asked that all cellular telephones and pagers be turned off or set on a suitable mode so they would not interrupt the meeting.
Mr. Allen Wainwright, Public Works Operations Manager, presented retirement plaques to the following parish employees in recognition and appreciation of their years of service to the citizens of Calcasieu Parish:
James W. Gore Equipment Operator III (Engineering) 10 years
Leon R. Guillory Tandem Truck Driver II (Public Works - Eastside) 12 years
Richard L. Ravia Welder/Fabricator (Public Works - Eastside) 25 years
President Clement advised that a presentation would be received at this time of the Calcasieu Parish Police Jury Comprehensive Annual Financial Report for the year ending December 31, 2003. Mr. Milner expressed his appreciation to Mrs. Tammy Bufkin who had spent many hours and put forth a tremendous effort to compile the report. He also thanked Ms. Kelly Fontenot of his staff for her contributions. Mr. Milner then called on Mr. Gus Schram of the Parish’s auditing firm, Gus Schram and Company, Ltd., to comment on the report.
Mr. Schram stated that several changes had been made to the report this year due to new accounting standards established by the Government Accounting Standards Board (GASB) with which the Police Jury was required to comply, most particularly GASB 34. He explained that while one of the objectives for improvement was readability of these types of reports, the new standards also provided for an introduction of government-wide financial statements to provide additional long-term focus for governmental entities, cost data provided for both governmental and business-type activities, a narrative overview and analysis in the form of management’s discussion and analysis, information in basic financial statements presented separately for major individual governmental and enterprise funds, budgetary comparisons associated with the basic financial statements presented for the general fund and individual major special revenue funds, and budgetary comparisons showing both the original as well as the final amended budget.
Mr. Schram pointed out that the Police Jury had always included a narrative portion in its report written in terms a normal person (not with an accounting background) could read and understand, so this requirement was nothing new for the Police Jury.
Mr. Schram stated that the requirement this year for infrastructure reporting associated with GASB 34 had been a huge undertaking. He explained that the older accounting standards did not address capital assets such as roads and bridges but that this year’s standards, and the Parish’s report, did include these assets.
Mr. Schram gave a brief overview of the report, pointing out that the amount of the Parish’s total assets was $607 million, with liabilities just under $30 million, for a total of net assets of approximately $577 million. He pointed out that the Parish now had no bonded indebtedness, restricted assets of $111 million and unrestricted assets of $49 million. Mr. Schram also pointed out that total revenues for fiscal year 2003 had been $79 million, and expenditures had been just under $62 million, for an increase in net assets of approximately $17,286,000.
Mr. Kleckley asked what the difference was between restricted and unrestricted assets, and Mr. Milner explained that restricted assets were those approved by the electorate for a specific purpose, i.e., the public works sales tax.
Mr. Schram addressed his firm’s publication entitled “Calcasieu Parish Police Jury, OMB Circular A-133, Supplementary Compliance Report, December 31, 2003" which contained items where internal controls could be improved, and he briefly discussed some of his firm’s findings, pointing out that the Division of Finance now had an internal review specialist on staff who would assist in implementing procedures to address and improve on some of the issues outlined in the aforementioned report.
Mr. Schram also discussed the finding that the Police Jury had been unable to issue its 2003 audited financial statements prior to June 30, 2004, as required by law. He explained that Louisiana law requires that audits of governmental entities or quasi-public agencies be completed and submitted to the Legislative Auditor within six months of the close of the entity’s fiscal year. Mr. Schram pointed out that Calcasieu Parish was one of only a few parish governments which attempted to submit its financial statements to the Government Finance Officers Association (GFOA) to obtain a Certificate of Achievement for Excellence in Financial Reporting (CAFR) and that Calcasieu Parish had received this prestigious award for twelve consecutive years, an accomplishment of which the Police Jury should be very proud.
Mr. Schram further explained that because the Parish had to include all of its component units and because those units also had the same deadline of June 30, 2004, to get their audited financial statements in to the Division of Finance for inclusion in the Parish’s financial report, this made it very difficult to comply with the June 30th deadline. Mr. Schram stated that he agreed with Mr. McMurry, who had discussed this matter with the Police Jury in 2003, that there was a trade-off in producing a quality financial report and not meeting the required State deadline versus a lesser-quality report within the deadline. Mr. Schram also pointed out that this year’s compliance with GASB Statement No. 34 had created a significant increase in the work necessary to prepare and audit the financial statements for the year ended December 31, 2003, a requirement with which the component units also had to comply.
Mr. Schram stated that the GFOA, upon request, automatically granted all entities vying for the CAFR a one-month extension in issuing their audited financial statements in the year of implementing GASB 34, thus the Police Jury had automatically been granted an extension until July 31, 3004. Mr. Schram pointed out that the Parish faced this issue every year and suggested that the jurors talk to the legislators about the possibility of modifying State law, particularly for entities trying to meet the higher level of obtaining GFOA’s Certificate of Excellence in Financial Reporting, because it seemed unfair to him for such entities who were simply trying to do “the right thing”.
Mr. Milner pointed out that there were only seven parish governmental agencies in Louisiana who vied for the GFOA award, and he felt most entities did not even try because they felt it was impossible because of the component units having the same deadline of June 30th for turning in their audited financial statements for inclusion in such entity’s combined statement. Mr. Milner stated that no matter how many hours were put into the effort, particularly with implementation of GASB 34, it was almost impossible to get it all done when his office received information from component units on June 30th.
Mr. Milner agreed with Mr. Schram’s suggestion about addressing this issue with the legislative delegation, and he felt all entities should try to upgrade their financial reporting and not give up just because of the arbitrariness of the deadlines. He suggested that perhaps the component units could be given a deadline of June 30th, and the Parish a deadline of July 31st.
Mr. McMurry pointed out that GFOA’s Certificate of Excellence to some degree affected the interest rate of bonds when rated by Wall Street companies which saved the taxpayers’ money.
Following a brief discussion, motion was made by Mr. Landry, seconded by Mr. Kleckley and carried unanimously that the following resolution be adopted:
RESOLUTION
WHEREAS, State law requires that audits of governmental entities or quasi-public agencies be completed and submitted to the Legislative Auditor within six months of the close of the entity’s fiscal year; and
WHEREAS, the Calcasieu Parish Police Jury is one of only a few parish agencies in the State which submits its financial statements to the Government Finance Officers Association (GFOA) for consideration in being awarded the Certificate of Achievement for Excellence in Financial Reporting, a distinction which the Police Jury has received for twelve consecutive years; and
WHEREAS, to be eligible for a Certificate of Achievement for Excellence in Financial Reporting, the entity must comply with all applicable governmental accounting pronouncements, including the Governmental Accounting Standards Board Statement 14 - The Reporting Entity; and
WHEREAS, the Police Jury’s reporting entity contains several component units which also have the same deadline of submitting their audits to the Legislative Auditor within six months of the close of their fiscal year; and
WHEREAS, as a result, it has been more time-consuming and in some cases impossible to properly combine these reports into the Police Jury’s Comprehensive Annual Financial Report, particularly if the component units do not submit their audits to the Police Jury until the established deadline of June 30th, the same deadline under which the Police Jury must submit its combined audit; and
WHEREAS, the Police Jury feels that there may be other parishes who might attempt to obtain GFOA’s Certificate of Achievement for Excellence in Financial Reporting if more time was allowed between the deadline the component units face and the deadline with which a parish must comply; and
WHEREAS, the quality and meaningfulness of financial reporting by local governments, which is certainly enhanced by striving to achieve the GFOA Certificate of Excellence, should be of paramount importance to the Legislature, the Legislative Auditor’s Office, and the citizens of the various jurisdictions.
NOW, THEREFORE, BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 5th day of August, 2004, that it does hereby respectfully request that the Legislative Auditor of the State of Louisiana support the enactment of legislation that would allow a parish governing authority which submits its audited financial statements to the Government Finance Officers Association to attempt to obtain a Certificate of Achievement for Excellence in Financial Reporting, an automatic 30-day extension for the filing of its audited financial statements with the Office of the Legislative Auditor.
BE IT FURTHER RESOLVED that certified copies of this resolution be forwarded to all members of the Calcasieu Legislative Delegation respectfully requesting their support in this matter.
BE IT FURTHER RESOLVED that a certified copy of this resolution also be forwarded to the Louisiana Police Jury Association for presentation and action thereon at the Region 7 Meeting scheduled to be held in the Fall of 2004.
THUS PASSED AND ADOPTED by a unanimous vote of the Calcasieu Parish Police Jury on this, the 5th day of August, 2004.
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The hour being 6:00 p.m., President Clement advised that a public hearing would be held at this time, as advertised in accordance with federal law, 47 U.S.C. § 546, for action to be taken at 6:00 p.m., for the purpose of hearing comments, suggestions or protests concerning the renewal, for a term of fifteen (15) years, of the cable television franchise granted by the Police Jury to James Cable, LLC (d/b/a CommuniComm) for all of Ward One, unincorporated areas of Wards Four, Six, and Seven, and the Old Town area of Ward Three, and further, to consider adopting an ordinance authorizing the President of the Police Jury to execute the renewal of said franchise agreement as described heretofore.
Mr. Charlie Atherton, 122 Vine Street, Sulphur, appeared before the Police Jury with several questions and/or concerns, those being: (1) as a long-time member of the Local Emergency Planning Committee (LEPC), he asked if there would be over-ride capabilities for the Government Access Channel, which under the franchise renewal would be available to CommuniComm customers, to provide information in a timely manner to the public in the event of emergency situations; (2) could the education channel dedicated for use by the Calcasieu Parish School Board, when activated, be able to do the same thing as outlined in (1) previously; (3) was the franchise fee the company paid to the Police Jury billed to the customer and if so, was this a situation where the people who had cable paid a tax that people who did not have cable did not have to pay; (4) was the cable company required to keep a log of individual customer complaints and documentation of resolution of those complaints; (5) was there a time frame with which the cable company had to comply insofar as responding to service outages and was there a certain or minimum percentage of time in the contract that the cable company had to be fully operational; and (6) was the cable company exempt from paying property taxes or sales tax on its equipment.
Mr. Atherton closed by saying that he appreciated the Police Jury giving its Office of Emergency Preparedness and Homeland Security the opportunity to provide a valuable service to the citizens via the government access channel through notification of emergencies, and he hoped that future cable renewals would also include this provision.
President Clement advised that Mr. Beam, Assistant Administrator, had handled the negotiations with CommuniComm and asked him to address Mr. Atherton’s questions.
Mr. Beam began by saying that the renewal represented a major increase in the government channel coverage area and would include Moss Bluff, DeQuincy, Westlake, Vinton, and Gillis. He advised that the Police Jury had full control of its government access channel and while there were protocols for the system, in an emergency situation, notification could be disseminated to the public via all channels of the cable television system. Mr. Beam explained that the educational channel provision in the franchise was being put in place in case the School Board chose to do something similar to the Parish’s government access channel in the future.
Mr. Beam stated that if a franchise fee was increased, that could be passed on to the customer and that this was allowed by law. He explained that the fee was applied to gross revenue of the cable operator and that the Police Jury received a percentage of that which was reflected on each customer’s bill.
Mr. Beam advised that there was very little regulation, if any, of cable subscription rates because it had been de-regulated by federal law insofar as rates, and that the Police Jury’s responsibility was to regulate the service provision. He pointed out that while rates were a problem, the Police Jury had no authority to regulate them; however, the Police Jury did have the ability to regulate service issues such as response time and down time. Mr. Beam stated that CommuniComm had always been very attentive to service issues.
With regard to Mr. Atherton’s question as to whether a cable company was required to keep a complaint log, Mr. Beam pointed out that Mr. Walter Seasock of CommuniComm was present in the audience and could more appropriately address that particular question.
Mr. Beam stated that the proposed contract renewal gave CommuniComm no tax breaks whatsoever and that what Mr. Atherton had read pertained to application of the franchise percentage to make sure nothing was included in the franchise fee that was not supposed to be included.
Mr. Walter Seasock, 5957 Perry Lane, Lake Charles, appeared before the Police Jury and stated that no complaint log was required to be kept. He explained that his company had approximately 14,000 cable and internet subscribers, and they experienced about 50 issues per day. Mr. Seasock stated that the company did keep a log of major outages, such as a street or section of town.
Mr. McMillin expressed his appreciation for CommuniComm’s efforts in Westlake, and he asked how soon the government access channel would be available for the company’s subscribers. Mr. Beam advised that the Police Jury was in the process of purchasing a microwave transmitter because that was the only way to get the channel’s signal to the CommuniComm system, which he said was a good example of what the Parish could use the franchise fees for. He estimated that the government access channel would be available to CommuniComm’s subscribers in October or perhaps a little later.
There being no further comments from the public, motion was made by Mr. Andrepont, seconded by Mr. Collins and carried unanimously that the following ordinance be adopted:
ORDINANCE NO. 4780
AN ORDINANCE amending Chapter 10 - Franchises, of the Code of Ordinances of Calcasieu Parish, Louisiana, to authorize renewal of a franchise with James Cable, LLC, d/b/a CommuniComm Services.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 5th day of August, 2004, that it does hereby amend Chapter 10 - Franchises, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to authorize renewal of a franchise with James Cable, LLC, d/b/a CommuniComm Services, as follows:
SECTION I. Sec. 10-62. CommuniComm Services, is hereby amended, in toto, to read as follows:
Sec. 10-62. CommuniComm Services.
(A) There is hereby authorized a Franchise Agreement (the Franchise) between the Calcasieu Parish Police Jury, hereinafter referred to as “Franchising Authority” and James Cable, LLC, d/b/a CommuniComm Services, hereinafter referred to as “Grantee”.
The Franchising Authority, having determined that the financial, legal, and technical ability of the Grantee is reasonably sufficient to provide services, facilities, and equipment necessary to meet the future cable-related needs of the community, desires to enter into this Franchise Agreement with the Grantee for the construction and operation of a Cable System on the terms set forth herein.
(B) Definition of Terms. For the purpose of this Franchise, the following terms, phrases, words, and abbreviations shall have the meanings ascribed to them below. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number.
Basic Cable is the lowest priced tier of service that includes, but is not limited to, the retransmission of local broadcast television signals.
Cable Act collectively means the Cable Communications Policy Act of 1984, as amended; the Cable Consumer Protection and Competition Act of 1992, as amended; and the Telecommunications Act of 1996, as amended.
Cable Channel or Channel means a portion of the electromagnetic spectrum which is used in the cable System and which is capable of delivering a television Channel (as defined by FCC regulation).
Cable Programming Service means any video programming provided over a System, regardless of the tier on which carried, other than (i) video programming carried on the Basic Cable tier, and (ii) video programming offered on a per channel or per program basis.
Cable Service means (i) the one-way transmission to subscribers of video programming or other programming service, and (ii) subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.
Drop means the cable or other wires that connect a subscriber’s television receiver or other terminal to the nearest feeder cable of the System. In the case of drops to schools or public buildings, as required hereunder, drops shall not include wiring beyond the entry point to any particular building; provided, however, that Grantee shall perform any such internal wiring at a cost no greater than its actual cost.
EG Access Channel means any Channel which Grantee shall make available, at no charge, for non-commercial educational or government use as provided herein.
FCC means Federal Communications Commission, or successor governmental entity hereto.
Franchise shall mean this agreement, as well as all referenced specifications and exhibits thereto as adopted by ordinance of the Franchising Authority and as amended or renewed by ordinance of the Franchising Authority.
Franchise Area shall include Ward One, the unincorporated areas of Wards Four, Six, and Seven, as well as the area in Ward Three bounded on the north and west by the Calcasieu River, on the east by Highway 397, and on the south by English Bayou.
Franchise Authority means the Calcasieu Parish Police Jury.
Grantee means James Cable, LLC, or the lawful successor, transferee, or assignee thereof.
Gross Revenues means any revenue received by the Grantee from the operation of the Cable System to provide Cable Services in the Franchise Area including, but not limited to, revenue from Basic Cable Service, Cable Programming Service, premium Channels, pay-per-view, installations, equipment rentals, Franchise fee charges, and telecommunications and telecommunications related services, however defined, to the full extent such receipts may be subject to Franchise fees under state and federal law.
Installation means the process of installing a drop and completing connection of the System.
Leased Channels means Channels for commercial use by persons unaffiliated with Grantee.
The Parish shall mean the Calcasieu Parish Police Jury (Franchising Authority).
Person means an individual, resident, partnership, association, joint stock company, trust, corporation, or governmental entity.
Property of Grantee means all property including, but not limited to, wires, cables, poles, satellite dishes, connectors, converters and other equipment owned, installed or used by Grantee, as well as contractual and legal rights of any kind or nature whatsoever, used in connection with operation of the System.
Public Building means any building owned, leased or otherwise lawfully occupied or used, all or in part by the Franchising Authority within the Franchise Area.
Public Way shall mean the surface of, and the space above and below, any public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, parkway, way, lane, public way, drive, circle, or other public right-of-way, including, but not limited to, public utility easements, dedicated utility strips, or rights-of-way dedicated for compatible uses and any temporary or permanent fixtures or improvements located thereon now or hereafter held by the Franchising Authority and the Grantee to the use thereof for the purpose of installing, operating, repairing, and maintaining the System within the guidelines set by the Franchising Authority. Public Way shall also mean any easement now or hereafter held by the Franchising Authority within the service areas for the purpose of public travel, or for utility or public service use dedicated for compatible uses, and shall include other easements or rights-of-way as shall within their proper use and meaning entitle the Franchising Authority and the Grantee to the use thereof within the guidelines set by the Franchising Authority for the purposes of installing and operating the Grantee's System over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, and other property as may be ordinarily necessary and pertinent to the System.
Resident means any person occupying a home or place of business in the Franchise Area.
School means any public educational institution, including primary and secondary schools, colleges and universities, and all similarly situated private and parochial educational institutions which have received appropriate accreditation from the State of Louisiana.
Subscriber means a person or user of the System within the Franchise Area who lawfully receives communications and other services therefrom.
System or Cable System shall mean a System of antennas, cable, wires, lines, fiber optic cable, towers, waveguides or other conductors, converters, equipment or facilities, used for producing, receiving, amplifying, storing, processing, or distributing audio, video, digital or other forms of signals to and from Subscribers. “System” shall also mean any and all facilities or equipment used by Grantee in connection with providing telecommunications or telecommunications related services, to the maximum extent such facilities and equipment may be regulated by the Franchising Authority pursuant to state or federal law.
(C) Grant of Franchise.
(1) Grant. The Franchising Authority hereby grants to Grantee the non-exclusive right, privilege and obligation to use the Public Ways to construct, operate and maintain a Cable System in the Franchise Area on the effective date hereof.
(2) Term. The Franchise granted hereunder shall be for an initial term of fifteen (15) years, commencing on August 14, 2004 unless otherwise lawfully terminated in accordance with the terms of this Franchise.
(3) Franchise Not Transferable. As more particularly provided in Section 4 hereof, the Franchise hereby granted to Grantee shall not be transferred, assigned or encumbered, in whole or in part, in any manner, directly or indirectly, nor shall title therein, either legal or equitable or any right, interest or property or assets relating to this Franchise or the System, pass to or vest in any person without the express advanced approval of the Franchising Authority, which will not be unreasonably denied or delayed. In granting or denying its approval for such a transfer, the Franchising Authority shall have the right to review the reputation and financial condition of any proposed transferee and, upon a finding that such reputation and/or financial condition is not, at a minimum, as favorable as that of Grantee, the Franchising Authority shall be justified in withholding consent to the transfer. The Franchising Authority also specifically reserves the right to condition its approval on such terms and conditions it may consider appropriate, but may not materially alter the benefits or obligations of this franchise.
(D) Standards of Service.
(1)Conditions of Street Occupancy. All transmission and distribution structures, poles, other lines, and equipment shall be installed or erected by the Grantee pursuant to the terms hereof and Sec. 21-221 and Sec. 21-226 (permitting) of the Franchising Authority’s Code of Ordinances, and shall be located so as to cause a minimum of interference with the proper use of Public Ways as determined by the Franchising Authority and with the rights and reasonable convenience of property owners who own property that adjoins any of such Public Ways.
(2)Restoration of Public Ways. Should Grantee desire to make underground installations or repairs in connection with the operation of the System, Grantee shall have the right and privilege to take up pavement and sidewalks, if necessary for said installations, provided however, that Grantee shall not take up nor excavate any pavement at any time without first securing a permit from the Franchising Authority, and further provided that all excavations and installations so made shall be performed in such a manner as will cause the least inconvenience to the public. Grantee shall promptly restore the pavement or sidewalks to a condition satisfactory to the Franchising Authority, whose approval shall not be unreasonably withheld. The Franchising Authority shall have the right to have one inspector present at each excavation and installation, at the expense of the Grantee.
(3)Relocation at Request of Franchising Authority. Whenever, by reason of the changes in the grade of any street or in the location of construction of water lines, gas lines, sewer lines, or other underground construction for any purpose, it shall be deemed necessary by the Franchising Authority that the facilities of the Grantee be altered, changed, adapted, or conformed, such alterations or changes shall be promptly made by Grantee when ordered in writing by the Franchising Authority without claim for reimbursement or damages against the Franchising Authority.
(4)Relocation at Request of Third Party. The Grantee shall, on the request of any person holding a building moving permit issued by the Franchising Authority, temporarily raise or lower its wires to permit the moving of such a building, provided: (a) The expense of such temporary raising or lowering of wires is paid by said person, including, if required by the Grantee, making such payment in advance; and (b) The Grantee is given not less than ten (10) business days advance written notice to arrange for such temporary wire changes.
(5)Trimming of Trees and Shrubbery. Nothing contained in this Franchise shall be deemed to empower or authorize Grantee to cut or trim trees or shrubbery. However, Grantee may cut or trim trees as necessary pursuant to a prior agreement with the owner of the property where the trees or shrubbery stands; or in the case of trees or property located on Franchising Authority property, with the prior consent of the Franchising Authority.
(6)Safety Requirements. Construction, installation, and maintenance of the System shall be performed in an orderly and workmanlike manner. All such work shall be performed in substantial accordance with applicable FCC or other federal, state, and local regulations and the National Electric Safety Code. The System shall not unreasonably endanger or interfere with the safety of persons or property in the service area. While working in the Public Way, Grantee must furnish and install all necessary traffic control in accordance with the Manual on Uniform Traffic Control Devices (MUTCD).
(7) Aerial and Underground Construction.
(a) In those areas of the Franchise Area where all of the transmission or distribution facilities of the respective public utilities providing telephone communications and electric services are underground, the Grantee likewise shall construct, operate, and maintain all of its transmission and distribution facilities underground; provided that such facilities are actually capable of receiving the Grantee’s cable and other equipment without technical degradation of the System’s signed quality.
(b) In those areas of the Franchise Area where the transmission or distribution facilities of the respective public utilities providing telephone communications and electric services are both aerial and underground, the Grantee and the Franchising Authority shall agree prior to the effective date hereof on a timetable for undergrounding all or part of Grantee’s transmission and distribution facilities.
(c) In the event that all of the transmission or distribution facilities of the respective public utilities providing telephone communications and electric services in an area are placed underground after the effective date of this Franchise, the Grantee shall only be required to construct, operate, and maintain all of its transmission and distribution facilities underground if it is given reasonable notice and access to the public utilities’ facilities at the time that such are placed underground.
(8) Required Extensions of Service. Whenever the Grantee shall receive a request for service from at least fifteen (15) persons, in an unwired area, or newly platted areas with at least fifteen (15) residential or commercial lots, the most distant of which is within 2,250 cable-bearing strand feet of its trunk or distribution cable, it shall extend its System to such Subscribers at no cost to said Subscribers for System extension, other than the usual connection fees for all Subscribers.
(9) Subscriber Charges for Extensions of Service. No person shall be refused service arbitrarily. However, for unusual circumstances, such as a person’s request to locate its cable drop underground in an area where other utilities wiring is not underground, existence of more than 125 feet of distance from distribution cable to connection of service to a person, or a density of less than fifteen (15) persons per 2,250 cable-bearing strand feet of trunk or distribution cable, service may be made available to the person to be served, only after payment to Grantee of a “contribution” for construction costs not to exceed Grantee’s actual cost of material, labor, and easements, if any. The Grantee may require that the payment of the capital “contribution” in aid of construction borne by such person be paid in advance.
(10)Emergency Use. The Grantee shall install and maintain an Emergency Alert System (EAS) for use in transmitting emergency notifications in accordance with the applicable provisions of FCC regulations. The Franchising Authority shall permit only appropriately trained and authorized persons to operate the EAS equipment.
(11) Local Hiring and Contracting. Grantee shall establish a policy of employing Calcasieu Parish residents, and of utilizing Calcasieu based firms for purchases and construction subcontracts, to the extent reasonably possible. Upon written request, Grantee shall provide the Franchising Authority with a written report of local purchasing and hiring achievements.
(12)Services and Programming. Grantee shall distribute over the System the following broad categories of services: news, sports, variety, audio, movie services, financial information, music, religion, consumer information, family and children’s entertainment, local over-the-air television broadcast station signals, and EG Access Channel programming.
(13)Grantee Facility Plans and Diagrams. Grantee shall provide the Franchising Authority as a part of this Franchise a current set of strand maps of its facilities in the Franchise Area, along with plans for expansion. In addition, Grantee shall provide information to the Franchising Authority upon request regarding upgrades to its facilities, and any changes or additions to its plans for expansion.
(14) Pornography. Grantee shall not allow obscene programming to be transmitted over the Cable System, nor shall it allow indecent material to be transmitted except as is permitted by federal law. The Franchising Authority specifically reserves the right to regulate transmission of obscene and indecent programming to the maximum extent allowed by state and federal law.
(E) Regulation by the Franchising Authority.
(1) Franchising Fee.
(a)The Grantee shall pay to the Franchising Authority for the rights and privileges enjoyed hereunder a Franchise fee equal to a percentage of Gross Revenues from the operation of the System on an annual basis as outlined below:
August 14, 2004 through 2008: 4.0%
2009 through 2018: 5.0%
For the purpose of this section, the 12-month period applicable under the Franchise for the computation of the Franchise fee shall be a calendar year, unless otherwise agreed to in writing by the Franchising Authority and the Grantee. The Franchise fee payment shall be due and payable semi-annually, not later than March 1 and September 1 of each year, for the preceding six-month period. Each payment shall be accompanied by a form showing a breakdown of revenues by category and the calculations used to determine the Franchise fee payment.
(b)Limitation on Franchise Fee Actions. Except as provided herein, the period of limitation for recovery of any Franchise fee payable hereunder shall be five (5) years from the date on which payment by the Grantee is due. Except in the event of fraud by Grantee, unless within five (5) years from and after such payment due date the Franchising Authority initiates a lawsuit for recovery of such Franchise fees in a court of competent jurisdiction, such recovery shall be barred and the Franchising Authority shall be stopped from asserting any claims whatsoever against the Grantee relating to any such alleged deficiencies.
(c)(1) Grantee acknowledges the right of the Franchising Authority to receive Franchise fee payments under the provisions of The Cable Act and further agrees that all payments of the Franchise fee as specified in this section do not include any other tax, fee or assessment for which Grantee may be liable or responsible; and (2) Grantee shall not have or make any claim for any deduction or other credit of all or any part of the amount of said Franchise fee payments from or against any Franchising Authority taxes or other fees or charges which Grantee is required to pay to the Franchising Authority.
(d)Grantee acknowledges that all contributions, services, equipment, facilities, support, resources, and other activities to be paid for or supplied by Grantee pursuant to or in connection with its performance under this Franchise are for the benefit of all subscribers and the public. Except as otherwise specifically required by The Cable Act, contributions, services, equipment, facilities, support, resources, and other activities paid for or supplied by Grantee, pursuant to its Franchise obligations shall not be deemed to be Franchise fees chargeable against the Grantee and/or other fees to be paid to the Franchising Authority by Grantee.
(2) Rates and Charges. The Franchising Authority may regulate rates for services and equipment provided hereunder to the full extent permitted by applicable law.
(3) Renewal of Franchise. Renewal of this Franchise shall be in accordance with Section 626 of The Cable Act, as amended.
(4)Conditions of Sale. Upon any termination of the Franchise, following all judicial appeals, and as an alternative to ordering removal of the System, the Franchising Authority shall have the right to acquire, or to affect a transfer to a third person of all or part of the assets of the System and the property of Grantee, subject to the following:
(a) Price. The price to be paid to Grantee upon an acquisition or transfer by the Parish shall depend upon the nature of the termination. If the termination is due to the expiration of the Franchise terms, without renewal, the price shall be fair market value, determined on the basis of the System valued as a going concern but with no value allocated to the Franchise itself. If the termination is due to the revocation of the Franchise, the price shall be an “equitable price,” as that term is defined in The Cable Act. If the termination is due to an unauthorized abandonment of the System by Grantee, there shall be no price due to Grantee, except as otherwise required by law. The date of valuation shall be as of that date on which the Franchising Authority elects to acquire or to affect a transfer of the System. For the purpose of determining such valuation, the Franchising Authority and Grantee shall each select a qualified appraiser to compute the purchase price in accordance with the aforementioned standards, and the parties shall use reasonable efforts to reach an agreement on the basis of such appraisals, provided, however, that if no agreement is reached, neither appraisal (nor any computation based thereon) shall be binding on either party and the purchase price shall be determined conclusively by a third appraiser selected by the joint agreement of the parties, or failing agreement, upon the selection of a third party appraiser, through appointment by the Chief Justice of the Supreme Court of the State of Louisiana.
(b) Grantee’s Obligations. In the event of any such acquisition or transfer, Grantee shall: (1) cooperate with the Franchising Authority or any third party in maintaining services over the System; (2) promptly execute all appropriate documents to transfer to the Franchising Authority or third party, the Cable System, the property of Grantee, and any rights necessary to maintain the System and services over the System; and (3) promptly supply the Franchising Authority with all necessary records relevant to the Franchising Authority or a third party’s ownership and operation of the System.
(c)Other Provisions. The Franchising Authority and Grantee shall negotiate all terms and conditions not addressed herein of any acquisition or transfer. In the event of any acquisition of the System and property of Grantee by the Franchising Authority: (1) the Franchising Authority shall not be required to assume any of the obligations of any collective bargaining agreements or any other employment contracts held by Grantee or any other obligations of Grantee to its officers, employees, or agents, including, without limitation, any pension or other retirement, or any insurance obligations; and (2) the Franchising Authority may lease, sell, operate, or otherwise dispose of all or any part of the System or property of Grantee in any manner.
(5) Transfer of Franchise.
(a) Except as provided in Section (E)(5)(e) herein, neither (1) the Franchise granted hereby, nor (2) any rights or obligations of Grantee in or to the System or pursuant to the Franchise shall be encumbered, assigned, transferred, pledged, leased, sublet, or mortgaged in any manner, in substantial part, to any person, nor shall title therein, either legal or equitable, or any right or interest therein, pass to or vest in any person, either by act of Grantee, by act of any person holding control of Grantee or the Franchise, by operation of law, or otherwise, without approval by the Franchising Authority, which will not be unreasonably denied or delayed.
(b) Grantee shall promptly notify the Franchising Authority of any changes in ownership during the term of the Franchise or any extension thereof. Notwithstanding any other provision, no change in control of Grantee, the System or the Franchise granted herein shall occur after the effective date, by act of Grantee, by act of any person holding control of or any interest in Grantee or in the System or in the Franchise granted hereunder, by operation of law, or otherwise, without approval of the Franchising Authority.
(c) The completion of any transfer or change of control without the prior written consent of the Franchising Authority shall be deemed to constitute a material breach of this Agreement and justification for immediate revocation of this Franchise by the Franchising Authority.
(d)Grantee shall promptly notify the Franchising Authority of any proposed action requiring the approval of the Franchising Authority by submitting to the Franchising Authority a written request for the approval of the Franchising Authority. The written request shall fully describe the proposed action and shall be accompanied by a justification for the action and such additional supporting information as the Franchising Authority may require, including, without limitation, the experience and financial qualifications of the proposed transferee, and that required by The Cable Act.
(e) Nothing in this section shall be deemed to prohibit any mortgage, or other encumbrance of all or any part of the System, for financing purposes, provided that each mortgage or other encumbrances shall be expressly subject to and subordinate to the rights of the Franchising Authority pursuant to the Franchise and applicable law.
(6) Cost of Consultants. As necessary to aid the Franchising Authority in the analysis of all matters relative to the Franchise, the Franchising Authority shall be entitled to employ the services of accountants, lawyers, engineers or other consultants, with or without the approval of Grantee. In the event that any findings of said consultants indicate that Grantee has substantially failed to comply with a material requirement of the Franchise, the reasonable costs of said consultants shall be borne by the Grantee. In the event that the findings of said consultants indicate that the Grantee has substantially complied with such material requirements in the Franchise, the costs of the consultants shall be borne by the Franchising Authority.
(F) Compliance and Monitoring.
(1) Testing for Compliance. Subject to the requirements of Subpart K of Part 76 of the FCC’s rules, the Franchising Authority may perform technical tests of the System during reasonable times and in a manner which does not unreasonably interfere with the normal business operations of the Grantee or the System in order to determine whether or not the Grantee is in compliance with the terms hereof and applicable state or federal laws. Except in emergency circumstances, such tests may be undertaken only after giving the Grantee reasonable notice thereof, not to be less than two business days, and providing a representative of the Grantee an opportunity to be present during such tests. In the event that such testing demonstrates that the Grantee has substantially failed to comply with a material requirement hereof, the reasonable costs of such tests shall be borne by the Grantee. Except in emergency circumstances, the Franchising Authority agrees that such testing shall be undertaken no more than once a year, and that the results thereof shall be made available to the Grantee.
(2) Books and Records.
(a) Grantee’s books and records including maps, plans, financial statements, income tax returns, filings with state and federal agencies, service complaint logs, performance tests and like materials, shall be open to the Franchising Authority, and available for inspection on reasonable notice during normal business hours. The Franchising Authority shall not disclose to the public, without Grantee’s prior written consent, information which is proprietary or confidential under state or federal law.
(b)Grantee shall also prepare and shall furnish the Franchising Authority, within ninety (90) days of the Franchising Authority’s written request, in the form prescribed, such other information and reports as the Franchising Authority reasonably may request with respect to the Grantee’s operations, construction contracts, transactions, property, employment, consumer complaints and ownership, and the ownership of any corporation, partnership or other legal entity which owns or controls Grantee to the extent relevant to Franchise compliance.
(G) Insurance and Indemnification.
(1) Insurance Requirements. The Grantee shall maintain in full force and effect, at its own cost and expense, throughout the term of the Franchise, and any extension thereof, Comprehensive General Liability Insurance in the amount of $1,000,000 combined single limit for bodily injury and property damage. The Grantee shall provide a Certificate of Insurance designating the Franchising Authority as an additional insured. Grantee shall also maintain in full force and effect throughout the term of the Franchise, and any extensions thereof, Workers Compensation Insurance as required by state law. Certificates of Insurance indicating the coverage required hereunder shall be filed annually with the Parish.
(2) Indemnification. Grantee shall defend, indemnify and hold harmless the Franchising Authority and all of its elected past and current officials and employees from and against any and all claims, actions and suits and damages, including but not limited to those for injury or death to any person, or property damages (including costs of litigation and attorney fees) arising out of the installation, maintenance, construction and operation of the System by Grantee, its agents, employees, or contractors, or the programming or information transmitted over the System.
(H) Enforcement and Termination of Franchise.
(1) Notice of Violation. In the event that the Franchising Authority believes that the Grantee has not compiled with the terms of the Franchise, it shall notify the Grantee in writing of the exact nature of the alleged noncompliance.
(2) Grantee’s Right to Cure or Respond. The Grantee shall have 30 days from receipt of the notice described in Section (H)(1) to (a) respond to the Franchising Authority, contesting the assertion of noncompliance, or (b) to cure such default, or (c) in the event that, by the nature of default, such default cannot be cured within the 30-day period, initiate reasonable steps to remedy such default and notify the Franchising Authority of the steps being taken and the projected date of completion.
(3) Public Hearing. In the event that the Grantee fails to respond to the notice described in Section (H)(1), or in the event that the alleged default is not remedied within 30 days or the date projected pursuant to (H)(2)(c) above, the Franchising Authority shall schedule a public hearing to investigate the default. Such public hearing shall be held at a regularly scheduled Police Jury Meeting. The Franchising Authority shall notify the Grantee in writing of the time and place of such meeting and provide the Grantee with an opportunity to be heard.
(4) Enforcement. Subject to applicable federal and state law, in the event the Franchising Authority, after such meeting, determines that the Grantee is in default of any provision of the Franchise, the Franchising Authority may:
(a)Seek specific performance of any provision, which reasonably lends itself to such remedy, an alternative to damages; or
(b)Commence an action at law for monetary damages, seek other equitable relief; or
(c)In the case of a substantial default of a material provision of the Franchise, declare the Franchise Agreement to be revoked in accordance with the following:
(i) The Franchising Authority shall give written notice to the Grantee of its intent to revoke the Franchise on the basis of a pattern of noncompliance by the Grantee, including one or more instances of substantial noncompliance with a material provision of the Franchise. The notice shall set forth the exact nature of the noncompliance with a material provision of the Franchise. The Grantee shall have 90 days from such notice to object in writing and to state its reasons for such objection. In the event the Franchising Authority has not received a response satisfactory from the Grantee, it may then set termination of the Franchise at a public meeting. The Franchising Authority shall cause to be served upon the Grantee, at least 10 days prior to such public meeting, a written notice specifying the time and place of such meeting and stating its intent to request such termination.
(ii)At the designated meeting, the Franchising Authority shall give the Grantee an opportunity to state its position on the matter, after which it shall determine whether or not the Franchise shall be revoked. The Grantee may appeal such determination to an appropriate court, which shall have the power to review the decision of the Franchising Authority "de novo" and to modify or reverse such decision as justice may require. Such appeal to the appropriate court must be taken within 60 days of the issuance of the determination of the Franchising Authority.
(iii)The Franchising Authority may, at its sole discretion, take any lawful action which it deems appropriate to enforce the Franchising Authority's rights under the Franchise in lieu of revocation of the Franchise.
(5)Date. The termination of this Franchise, and Grantee’s rights hereunder shall become effective upon the earliest to occur of: (1) the revocation of the Franchise by action of the Franchising Authority; (2) the abandonment of the System by Grantee, in whole or material part, as addressed in Section (H)(7) without the express prior written approval of the Franchising Authority; (3) the expiration of the term of the Franchise, if not renewed; or (4) by mutual consent.
(6) Survival of Liability. No termination of the Franchise shall operate as a waiver or release of Grantee for any liability which arises or arose out of any act or failure to act by Grantee prior to any termination.
(7) Rights Upon Termination. If, at the effective date of any termination, Grantee is still in possession or control of the System, then: (1) Grantee shall have no right to operate and receive any revenues from the operation of the System and shall cease all construction and operational activities in a prompt and responsible manner, except as otherwise authorized or directed by the Franchising Authority in order to maintain continuity of all services to subscribers on an interim basis, and (2) the Franchising Authority shall have the right to order the removal, acquire, or effect a transfer of the System, and the property by Grantee as provided in Section (H)(8) herein.
(8)Removal of Property of Grantee. On the effective date of termination, or revocation pursuant to Section (H)(4), the Franchising Authority may direct Grantee to remove, at Grantee’s expense, all or any portion of the System from all Public Ways within the Franchise Area, subject to the following: (1) this provision shall not apply to buried cable; (2) in removing the System, or part thereof, Grantee shall refill and compact, at its own expense, any excavation that shall be made by it and shall leave all Public Ways in as good a condition as that prevailing prior to Grantee’s removal of the System and without affecting, altering or disturbing in any way any electric, telephone or other utility cables, wires or attachments; (3) the Franchising Authority shall have the right to inspect and approve the condition of such streets and property after removal; (4) liability insurance and indemnity provisions herein shall remain in full force and effect during the entire period of removal; (5) removal shall commence within sixty (60) days of the removal order by the Franchising Authority and shall be completed within two hundred forty (240) days thereafter; (6) if, in the reasonable judgment of the Franchising Authority, Grantee fails to commence removal of the System, within thirty (30) days after the Franchising Authority’s removal order, or if Grantee fails to substantially complete such removal within two hundred forty (240) days thereafter, except due to circumstances beyond Grantee’s control, then to the extent not inconsistent with applicable law, the Franchising Authority shall have the right to authorize removal of the System, at Grantee’s cost, by another person.
(9)Act of God. Except as provided for in Section (H)(10), Grantee shall not be held in default or non-compliance with the provisions of the franchise, nor suffer any enforcement or penalty relating thereto, where such non-compliance or alleged defaults are caused by strikes, acts of God, power outages, or other events reasonably beyond its ability to control.
(10)Continuous Service. (See also Section (H)(9)) In the event Grantee ceases operations or discontinues service to more than forty (40%) percent of all then current subscribers for more than ninety (90) days for any reason whatsoever, through Grantee’s fault, act of God, or otherwise, the Franchising Authority shall have a right to invoke remedies as defined in Sections (H)(1-4).
(I) Services to Franchising Authority.
(1) Service to Public Buildings. The Grantee shall, upon request, provide one drop of Cable Programming Service at no charge to those Franchising Authority offices and other buildings containing Franchising Authority offices, including but not limited to healthcare facilities, fire station(s), police station(s), and public (and parochial) school building(s) that are passed by its System as it now exists or may be expanded in the future.
Grantee shall not be required to provide an outlet to such buildings where the drop line from the feeder cable to said buildings or premises exceeds 150 cable feet, or unless the Franchising Authority agrees to pay the incremental cost of such drop line. Cable Programming Service shall then be provided by Grantee at no charge.
If additional outlets are provided to any Franchising Authority building, the Franchising Authority shall pay Grantee amounts equal to its actual costs for installation, including labor and materials.
(2) EG Access. Grantee shall provide all subscribers, as part of its Basic Cable tier, at a minimum, those Channels and services required by the FCC as well as one Government Access Channel, one Educational Access Channel, and leased Channels, as provided for herein.
As part of its Basic Cable tier of service, Grantee shall provide, at its sole expense, the following:
(a)One Government Access Channel to be activated solely for government programming twenty-four hours each day, as programmed by the Franchising Authority. This Channel shall be activated when so required by the Franchising Authority, in accordance with the Cable Act.
(b)One Educational Access Channel solely for educational use, twenty-four hours each day, with use and programming to be determined by the Calcasieu Parish School board. This Channel shall be activated when so required by the Calcasieu Parish School Board, in accordance with the Cable Act.
(c)Playback of all EG Access Channel programming supplied to the Grantee by the Franchising Authority.
In the event that any Government or Educational Access Channel described above is not in continuous use for the purposes designated, during any continuous three hour period for thirty continuous days and Grantee is not notified that use is to begin, or resume, within another thirty days, Grantee shall have a right to use such unused Channel capacity for other purposes until notified by Grantee or the designated programming authority of it intention to begin or resume use. Said notice shall be provided to Grantee no less than sixty days before the intended commencement or resumption of use.
(3) Leased Channels. Grantee shall provide leased Channel(s) on terms and at the minimum rates permitted by The Cable Act, and the rules and regulations of the FCC.
(4) Satellite Reception. Grantee shall provide a sufficient number of satellite earth stations (dishes) to make possible reception of signals from satellites that generally carry programs available to cable Systems.
(5) Narrowcasting. Both parties recognize the potential future demand for the Franchising Authority to request direct programming to selected geographical areas or particular subscribers or buildings in the Franchise Area. As narrowcasting technology becomes available, Grantee agrees to provide this capability to the Franchising Authority upon terms and conditions agreed to by both parties.
(6) Customer Service. If Grantee should close the existing office within Calcasieu Parish, it agrees to provide 24-hour toll free telephone service to customers for questions, complaints, service requests, etc.
Throughout the term of this Franchise, and extensions thereof, Grantee shall provide at a minimum a location within Calcasieu Parish for receiving customer bill payments during normal business hours.
(J) Miscellaneous Provisions.
(1) Actions of Parties. In any action by the Franchising Authority or the Grantee that is mandated or permitted under the terms hereof, such party shall act in a reasonable, expeditious, and timely manner. Furthermore, in any instance where approval or consent is required under the terms hereof, such approval or consent shall not be unreasonably withheld by the Franchising Authority, unless it determines in its sole discretion that such approval or consent would not be in the public interest.
(2) Equal Protection. In the event the Franchising Authority enters into a new cable television Franchise agreement with any other party within the Franchise Area during the initial term of this Franchise, or extension thereof, the material provisions thereof shall be reasonably comparable to those contained herein, at the Franchising Authority’s sole discretion, in order that one operator not be granted an unfair competitive advantage over another.
(3) Notice. Unless expressly otherwise agreed between the parties, every notice or response required by this Franchise to be served upon the Franchising Authority or the Grantee shall be in writing and shall be deemed to have been duly given to the required party five business days after having been posted in a property sealed and correctly addressed envelope when hand delivered or sent by certified or registered mail, postage prepaid. The notices or responses to the Franchising Authority shall be addressed as follows:
Calcasieu Parish Police Jury
Attention: Office of the Administrator
Post Office Box 1583
Lake Charles, Louisiana 70602-1583
The notices or responses to the Grantee shall be addressed as following:
James Cable, LLC
38710 Woodward Avenue, Suite 180
Bloomfield Hills, Michigan 48304
with a copy to:
General Manager
CommuniComm Services
Post Office Box 640
Westlake, Louisiana 70669
The Franchising Authority and the Grantee may designate such other address or addresses from time-to-time by giving notice to the other.
(4) Descriptive Headings. The captions to sections contained herein are intended solely to facilitate the reading thereof. Such captions shall not affect the meaning or interpretation of the text herein.
(5) Severability. If any section, subsection, sentence, clause, phrase, or other portion of this Franchise is, for any reason, declared invalid, in whole or in part, by any court, agency, commission, legislative body, or other authority of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent portion. Such declaration shall not affect the validity of the remaining portions herein, which other portions shall continue in full force and effect.
(6) Agreement. This Franchise embodies the entire understanding and agreement of the Franchising Authority and Grantee with respect to the subject matter hereof, and merges and supersedes all prior representations, agreements, and understandings, whether oral or written, between the Franchising Authority and Grantee with respect to the subject matter hereof, including, without limitation, all prior drafts of this Franchise or prior Franchises and any and all written or oral statements or representations by any official, employee, or agent of the Franchising Authority and by Grantee.
(7) Non-Exclusive Rights and Remedies. All rights and remedies given to the Franchising Authority by the Franchise shall be in addition to and cumulative with any and all other rights or remedies, existing or implied, at law or in equity. Such rights and remedies shall not be exclusive, but each and every right and remedy specifically provided or otherwise existing or given may be exercised from time to time and as often and in such order as may be deemed expedient by the Franchising Authority. The exercise of one or more rights or remedies shall not be deemed a waiver of the right to exercise at the same time or thereafter any other right or remedy nor shall any such delay or omission be construed to be a waiver of or acquiescence to any default. The exercise of any such right or remedy by the Franchising Authority shall not release Grantee from its obligations or any liability under the Franchise.
(8) Injunctive Relief. In addition to all other remedies granted or available to the parties, the parties shall be entitled to the restraint by injunction of the violation, or attempted or threatened violation, by the other party of any terms or provisions of the Franchise, or to any decree compelling performance by a party of any term or provision of the Franchise.
(9) Reservation of Rights. Without limitation upon the rights which the Franchising Authority might otherwise possess, the Franchising Authority does hereby expressly reserve the following rights, powers and authorities: (1) to exercise its governmental powers to the full extent that such powers may be vested in or granted to the Franchising Authority; and (2) to exercise any other rights, power, or duties, to the full extent possible required of or authorized by the Franchising Authority under The Cable Act, the rules and regulations of the FCC, the Constitution or the laws of Louisiana.
(10) Compliance with Law. The Grantee shall comply with all Parish ordinances and State of Louisiana and federal law regulations with regard to the construction, operation, maintenance, and programming of the System.
(11) Applicable Law. This Franchise Agreement shall be deemed to be executed in the Parish of Calcasieu, State of Louisiana, regardless of the domicile of Grantee, and shall be governed by and construed in accordance with the laws of the State of Louisiana.
(12) Louisiana Forum. Grantee and the Franchising Authority agree that any and all claims asserted by or against the Parish arising under this Franchise or related thereto, except as required otherwise by The Cable Act, shall be heard and determined in the Fourteenth Judicial District Court of the State of Louisiana, or the applicable federal court pertaining thereto.
BE IT FURTHER ORDAINED that this ordinance shall become effective immediately upon adoption.
BE IT FURTHER ORDAINED that any ordinance or parts of any ordinance in conflict herewith are hereby repealed.
BE IT FURTHER ORDAINED that the provisions of this ordinance shall be included and incorporated in the Code of Ordinances as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code.
THUS PASSED AND ADOPTED on this, the 5th day of August, 2004.
/s/ Brent Clement, President
/s/ S. Mark McMurry, Parish Administrator &
Ex-Officio Parish Secretary
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President Clement advised that no action was needed on applications for liquor and beer permits, due to the fact that no permits had been received.
Upon motion made by Mr. Andrepont, which was duly seconded by Mrs. Treme and carried unanimously, the payment of all current invoices was approved.
It was moved by Mr. Stelly, seconded by Mr. Moon and carried unanimously to approve the minutes of the regular meeting of the Police Jury dated July 1, 2004, and the reading of same was dispensed with.
Motion was made by Mr. McMillin, seconded by Mr. Stevens and carried unanimously that the Agenda Committee Report dated July 29, 2004, be approved as follows:
AGENDA COMMITTEE REPORT
July 29, 2004
A meeting of the Agenda Committee was held on Thursday, July 29, 2004, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Chairman Calvin Collins presiding, and the following members present:
Mr. Brent Clement, Mr. Mike Danahay, Mrs. Elizabeth C. Griffin, Mr. Tony Guillory, Mr. Chuck Kleckley, Mr. Chris Landry, Mr. Hal McMillin, Mr. Cornie Moon, Mr. Tony Stelly, Mr. Alvin Stevens, and Mrs. Sandra J. Treme
Absent: Mr. Francis Andrepont and Charles S. Mackey, D.D.S. (both out of town), and Mr. Don Manuel (ill)
Also present were Mr. S. Mark McMurry, Mr. Bryan Beam, Mrs. Coleen Clark, Mrs. Cheryl Heisser, Mr. Claude Smart, Mr. Allen L. Smith, Jr., Mrs. Kathy P. Smith, Mr. Gerry Trahan, and Mr. Jim Vickers.
Chairman Collins advised that the purpose of the meeting on this date was to review the proposed agenda for the regular meeting of the Police Jury to be held on August 5, 2004.
Following review of the items to be considered by the Police Jury on August 5th, it was unanimously recommended that the proposed agenda be accepted as presented by the staff.
Also, recommendations for appointments to various boards of special service districts were made by members of the Committee.
There being no further business, Chairman Collins declared the meeting to be adjourned.
* * * * * * * * * * * *
President Clement advised that an item would be taken out of order of its appearance on the agenda, that being consideration of authorizing the execution of an addendum by the Parish Administrator to the Magnolia Building office space lease agreement with the Southwest Louisiana Economic Development Partnership to allow for the establishment of a Business Incubator for a term not to exceed three years from the effective date of the original office space lease.
Mr. George Swift, Executive Director of the Southwest Louisiana Economic Development Partnership, appeared before the Police Jury and expressed his appreciation for the Police Jury’s leadership in providing office space on the seventh floor of the Magnolia Building for the partnership’s operation. Mr. Swift stated that it was a quality location for prospective businesses to come in and visit.
Mr. Swift explained that what they were trying to do was serve as a clearinghouse for all information for prospective companies to locate in the area and existing companies to expand, and that his office had a resource center with a data base with economic information for presentations to prospective companies. Mr. Swift further explained that they were going to do a proactive outreach marketing and that economic development was being done on a regional basis. He stated that the local region was a “little behind” but was getting “up to speed” to compete with other regions.
Mr. Swift stated that for the first time, the Partnership had a direct link to the State Department of Economic Development through Mr. James Ducote of the Partnership, and Mr. Swift believed that a more aggressive approach to economic development would be taken by Governor Kathleen Blanco and Secretary Michael Olivier.
Mr. Swift advised that the Partnership’s mission was to improve quality of life, stimulate economic development, and create jobs and in line with said mission, a cooperative effort between many of the different governmental entities to establish a business incubator which he said was a facility where people who want to start their own business but perhaps could not yet rent an office, could use the Partnership for temporary office space. Mr. Swift further advised that these types of businesses would receive counseling through the McNeese State University Small Business Center and in turn, the businesses would be required to submit a business plan to the University.
Mr. Swift explained that technical assistance was being provided by IMCAL (Imperial Calcasieu Regional Planning Commission), as well as The Chamber Southwest, and that Sowela Technical University would help with any training programs that were needed. He further explained that the Partnership would be the manager of the Business Incubator program and that his request was to extend the Partnership’s lease to use some additional office space on the north side of the seventh floor of the Magnolia Building. Mr. Swift advised that he felt this space could accommodate four or five start-up businesses which would grow out of the incubator into their own stand-alone businesses.
Mr. Swift expressed his appreciation to the Police Jury and staff for helping to make the program a reality.
It was moved by Mr. Andrepont, seconded by Mrs. Treme and carried unanimously to approve the Public Works Committee Report dated July 29, 2004, and all recommendations contained therein, as follows:
PUBLIC WORKS COMMITTEE REPORT
July 29, 2004
______________________________________
A meeting of the Public Works Committee was held on Thursday, July 29, 2004, in the Police Jury Meeting Room on the first floor of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Mr. Hal McMillin, Chairman, presiding and the following members present:
Mr. Brent Clement, Mr. Calvin Collins, Mr. Mike Danahay, Mrs. Elizabeth C. Griffin, Mr. Tony Guillory, Mr. Chuck Kleckley, Mr. Chris Landry, Mr. Cornie Moon, Mr. Tony Stelly, Mr. Alvin Stevens, and Mrs. Sandra J. Treme
Absent: Mr. Francis Andrepont and Charles S. Mackey, D.D.S. (both out of town), and Mr. Don Manuel (ill)
Also present were Mr. S. Mark McMurry, Mr. Bryan Beam, Mrs. Coleen Clark, Mrs. Cheryl Heisser, Mr. Claude Smart, Mr. Allen L. Smith, Jr., Mrs. Kathy P. Smith, Mr. Gerry Trahan, Mr. Jim Vickers, and Mr. Allen Wainwright.
Said Committee:
(1) Presented certificates of recognition to the players and coaches of the Moss Bluff Dix