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HomeMy WebLinkAboutOrdinances (O-79-345)-11/06/1979 r I VOL ff~ PAGE'?d ~ q-:Jt'1f i "~P..{t1, ivJ. 1 2 3 ORDINANCE NO. 0-79-345 4 AN ORDINANCE REGULATING THE CONDUCT OF THE BUSINESS OF CABLE TELEVISION WITHIN THE CORPORATE LIMITS OF THE CITY; ESTABLISHING FOR THE REGULATION OF RATES; PRESCRIBING RULES AND REGULATIONS GENERALLY FOR THE OPERATION OF SUCH BUSINESS; PROHIBITING THE OPERATION OF SUCH A BUSINESS WITHIN THE CORPORATE LIMITS OF THE CITY WITHOUT A FRANCHISE FROM THE CITY; PROVIDING FOR THE FOR- FEITURE OF FRANCHISES FOR VIOLATION OF THIS ORDINANCE; PROHIBITING TAMPERING BY UNAUTHORIZED PERSONS; PROVIDING A PENALTY AND PRO- VIDING FOR PUBLICATION OF THE DESCRIPTIVE CAPTION AND PENALTY CLAUSES HEREOF. 5 6 7 8 9 WHEREAS, the City Council of the City of Colleyville is in the process of granting a franchise for the operation of cable television systems within the City; and, 10 11 WHEREAS, the City Council of the City of Colleyville desires to establish rules and regulations within the police power of the City and to provide for the regulation of rates of a cable television system within the City, and to pre- scribe rules for the establishment and maintenance of such system within the public streets, highways, alleys, and other public ways and places in the City of Colley- ville; NOW, THEREFORE, 12 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: 15 Cable Television 16 Sec. 1 17 18 19 20 Sec. 2 21 1 22 23 24 25 26 Use of Public Ways. No person, firm or corporation shall, without prior permission from the City Council in the form of a franchise, construct, reconstruct, maintain, use or operate any television signal, receiving, amplify- ing, or distributing system for service known as a cable television system in, over, under, along or across pre- sent or future streets, highways, alleys, bridges or public ways within the City. Removal or Relocation of Facilities. The City shall have the power-at any time to order and require any cable television system operator to remove and abate any pole, tower, wire, cable, electronic conductor or any other structure or facility that is dangerous to life or prop- erty and, in the event the operator after written notice fails or refuses to act, the City shall have the power to remove or abate the same at the expense of the opera- tor, all without compensation or liability for damages tOi the operator. When required by the City for reason of . traffic conditions, public safety, street vacation or widening or relocation, installation of sewer mains, water pipes, power lines, signal lights, tracks and Ordinance No. 0-79-345 Page 2 VOL -1Z PAGE ~ 3 1 2 3 4 5 6 i I ! 7 :1 Sec. 3 ~ , 8 i ! 9 10 :j ~ t 11 'i I, 'I Sec. 4 \, .f 12 :j f, 13 14 i 15 ;j " '. Sec. 5 I ,i 16 :1 17 ,! 18 19 I 20 Sec. 6 21 22 23 24 25 26 sanitation equipment, or any other type of structures or improvement by public agencies, any cable television operator within the City shall, at its own expense, par- take, support, temporarily disconnect, relocate, or I remove from the street or other public place any propertyl of the operator when ordered in writing by the governing i body of the City, and operator shall have no claim for ! reimbursement of costs or damages against the City. Use. All transmission and distribution structures, linesl, equipment, and facilities erected or maintained by opera-I tor within the City shall be so located as to cause : minimum interference with the proper and intended use : of streets, highways, alleys, utility easements, bridges,! and other public ways and places, and to cause minimum I interference with the rights or reasonable convenience ofl property owners who adjoin any of said streets, highways,: alleys, utility easements, bridges or other public ways ! or places. ' Underground Installation. In areas of the City having electric utility lines underground, whether required by ordinance or not, all of operator's lines, cables, and wires shall be underground. Except in areas of under- ground electric service, service from a public way to individual homes shall be above ground unless the home- owner agrees to pay the cost of underground installation as may be determined by operator. Restoration. In the event of any disturbance of any pavement, sidewalk, driveway or other surfacing, includ- ing cultivated grass turf and any easement adjacent to residential premises, the operator shall at its cost and expense and at the time and in the manner prescribed by the governing body of the City or its duly designated representatives, replace and restore all such pavement, sidewalks, driveways or other surface to as good a con- dition before the commencement of the work or activity by operator disturbing same. Temporary Removal of Wire for Building Moving. Operator upon the written request of any person holding a building moving permit issued by the City shall remove, raise or lower its wires temporarily to permit the moving of houses, buildings or other bulky structures. The reason- able expense of such temporary removal, raising or lower- ing shall be paid by the person requesting the same and operator may require such payment in advance. Operator shall be given not less than forty-eight (48) hours advance notice in writing to arrange for such temporary wire changes. -2- Ordinance No. 0-79-345 Page 3 VOL ;z- PAGEK 1 2 3 Sec. 7 L 4 n n .1 ! 5 6 Sec. 8 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Tree Trimming. Operator shall have the authority to the same extent that the City has such authority, to trim trees upon or overhanging streets, highways, alleys, bridges or other public ways or places of the City in order to prevent the branches of such trees from coming in contact with the wires, cables, electronic conductors or other facilities or equipment of the operator. Construction, Maintenance and Installation. The con- struction, maintenance and installation of equipment and facilities of any cable television operator, includ- ing connections to subscribers of operator's service, shall be in accordance with all applicable ordinances and regulations of the City, and in accordance with Subpart K, technical standards established by the Federal Communications Commission rules. The cable television system shall be installed and maintained to conform with the highest current state of the art in the field of closed circuit television transmission to the effect that the subscribers shall receive the best possible service. Any such operator shall maintain and staff an office in the City to provide maintenance and repair service at all times. Sec. 9 Placement of Fixtures. A cable television operator shall not place poles, towers or similar fixtures where the same will interfere with any gas, electric or telephone fixtures, water hydrant or main, drainage facility or sanitary sewer, and all such poles, towers or similar fixtures shall be placed as directed by the City and in such manner as not to interfere with the usual travel or use of streets, highways, alleys or other public ways or places. Sec. 10 Insurance. Every cable television operator shall procure, furnish and file with the City Secretary a policy of insurance approved by the attorney for the City covering liability and property damage with the minimum amounts of liability thereunder as follows: $100,000.00 for anyone single personal injury on anyone person; $300,000.00 for a personal injury in anyone single accident; $50,000.00 for property damage arising out of any single accident; and shall contain a provision that a written notice of cancellation or reduction in coverage of said policy shall be delivered to the City thirty (30) days in advance of the effective date thereof. Any and all -3- Ordinance No. 0-79-345 Page 4 VOL :e:-PAGE YS 1 2 3 4 5 Sec. 11 6 7 8 9 10 11 12 , Sec. 12 13 14 15 16 17 18 19 20 21 22 Sec. 13 23 24 25 26 investigation of claims filed by any person, firm or corporation against the City arising out of any use or misuse of privileges granted to any cable television operator shall be made by or at the expense of the cable television operator or its insurer. Operator's Rules. Every cable television operator's franchise within the City shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reason- ably necessary to enable the operator to exercise its rights and perform its obligations under this ordinance and its franchise, and to assure uninterrupted service to each and all of its subscribers to its service. Pro- vided, however, that such rules, regulations, terms and conditions shall not be in conflict with the provisions of any such franchise or of this ordinance or with the laws of the State of Texas. A current copy of such rules regulations, terms and conditions adopted by operator shall be on file with the City Secretary, as well as in the local office of operator. Records and Reports. City shall have access at all reasonable hours to all of the operator's plans, con- tracts, engineering, accounting, financial, statistical, customer and service records relating to the property and operations of the operator and to all other records required to be kept thereunder. The following records and reports shall be filed with the City Secretary in the local office of the operator: (a) Company rules and regulations; (b) Gross revenue - a quarterly statement report showing gross revenues received by the operator during the preceding quarter and such other information as the City shall request with respect to properties and expenses related to the operator's service; (c) Map of installations - operator shall provide the City with a continuously current file and I plan indicating the location of all CATV instal It ations. Rate Regulations. The operator may propose changes in the rates charged by filing notice of the proposal with the City Secretary. The notice shall state the current rates, the proposed rates, and, in summary, the reasons for the request. The City Secretary shall thereupon -4- 1 2 3 4 5 6 7 .! ! :t 8 I 9 'I !i ~ i , 10 i " 11 ) 12 I! :1 13 U '. l! 14 15 il 16 Ii Ii 17 :i 18 19 20 21 22 23 24 25 26 Ordinance No. 0-79- 345 Page 5 VOL~ PAGE 7'~' fix the date for a hearing before the City Council, which shall be no sooner than fifteen (15) days nor later than forty-five (45) days from the date the proposal is filed. Notice of hearing shall be published in a newspaper of general circulation published in the City at least once within ten (10) days of the date the notice is filed. After such public hearing, the City shall have the right within fifteen (15) days to request such additional docu- mentation as it or its attorneys, consultants, or staff may require, and the rates shall be established by ordinance within ninety (90) days of the original request In the event the City is unable to make a determination on rates prior to ninety (90) days after the request, operator may put in the rates proposed under bond which shall be effective until City shall make its determina- tion, and if such rates as finally established by the City are lower than those put into effect by the operator~ credits or refunds shall be made to customers. Review of rates established by the City Council shall be by the substantial evidence rule. In the event sales taxes or copyright fees are imposed, operator shall have the right to pass such charges on to subscribers. Sec. 14 Rates. Maximum rates for cable television service with- I in the City shall be as follows: Basic Subscriber Rates Installation Monthly Charge First outlet converter $15.00/$25.00 $6.00 Aerial/Underground Additional outlet with converter $10.00 $1.50 (if installed later) FM radio $10.00 $1.50 (if installed later) Relocation or reconnect $10.00 $10.00 $10.00 $7.00 $8.00 Home box office Show Time plus Such rates shall be effective until changed by the City Council as set forth in this chapter. Sec. 15 Political Advertising and Religious Programming. Operator! shall, unless required to do otherwise by the Federal Communications Commission, charge at regular commercial rates for political advertising. Operator may charge for carrying religious programming at lower rates. -5- VOL .~. PAGE f 7 Ordinance No. 0-79- 345 Page 6 1 2 3 II 4 H I 5 ! i Sec. 16 6 7 8 9 10 11 12 13 Sec. 17 14 15 16 17 18 19 20 Sec. 18 21 22 23 24 25 26 Churches and other religious program originators shall be entitled to leased time on one dedicated channel on a first come - first served basis with time of broadcast to be determined by operator. ~uipment and Operation. In order to provide adequate civil defense and disaster service information and to prevent the distribution of obscene or libelous programs, every operator of a cable television servicing the City shall install a system with the capability, equipment, facilities and personnel necessary to immediately inter- rupt signals being distributed on one channel or on all channels at once, and to transmit other programs or signals in the place of the signal or program interrupted Every such operator shall provide at system activation a minimum of twenty-five (25) active channels, full bank FM radio service, and an emergency alert system. Addi- tionally, any such cable television operator shall dis- tribute all UHF and VHF telecasts originating in Dallas or Tarrant Counties, programming from the three major television networks in the United States, and distribute weather information service satisfactory to the City. Access. Each cable television operator shall provide at least one educational access channel to Grapevine- Colleyville Independent School District. A governmental access channel shall be provided to the City of Colley- ville upon request and a public access channel together with cameras, studio, lights, and sound equipment shall be provided on a first come - first served basis. Should there be no need for any such service as determined by operator and the City Council, operator may, with permis- sion of the City Council, use such channels for other functions. One channel shall carry announcements of events and activities. There shall be no charge for local civic events, senior citizen activities, local school, local athletic league events, and local club meetings and events. Others may be charged as determined by operator. Interconnection. Any cable television operator may be equired to interconnect its system with any other broad- band communications facility operating in an adjacent territory. Operator may be required to interconnect its educational, governmental, and/or local access system with such other cable system if permitted by appropriate federal regulations and subject to payment of reasonable charges. Such interconnection shall be made within sixty (60) days of a request by the City. For good cause, operator may request and City may grant reasonable exten- sion of time to comply with these requirements. -6- 3 5 6 Ordinance No. 0-79-345 Page 7 VOL ~ PAGE f1 1 2 Sec. 19 Service. Operator shall maintain an office in the City, which shall be open during all usual business hours, have a listed telephone, and be so operated that com- plaints and requests for repairs or adjustments may be received during usual business hours and until 9:00 p.m. Service calls shall be made promptly. 4 Sec. 20 Refunds. Any cable television operator with a franchise from the City shall not be obligated to make any refund for service outages unless such outage continues for a period of more than 72 hours after receipt of written notice from the customer with a copy to the City Manager. Should such outage continue beyond said 72 hours, customet shall receive a proportionate refund. 7 8 9 Sec. 21 10 11 12 13 14 15 16 17 : Sec. 22 18 19 20 , 21 22 23 24 25 26 Extension Policy. Once construction has been completed in the initial service area, the cable television opera- tor shall extend service in overhead service areas within six (6) months of a request to all areas where the aver- age density is seven (7) subscribers per quarter mile of aerial cable or greater. In an area where the average density is less than seven (7) subscribers per quarter mile of cable, or is served by underground utilities, the, system shall bear its pro rata share of the current aerial . , , constructlon costs based on the actual number ,of potentla~ subscribers per quarter mile divided by seven (7). The ' remaining construction costs will be borne on a pro rata basis by each actual cable television applicant committ- ing to service within the pro rata extension area. In the case of new subdivisions, developers may elect to bear the remaining cost, and service will be made avail- able to residents at normal rates. ~Hleage will be measured from the end of the nearest cable trunk. Technical Performance Standards. Cable television opera- tors shall comply fully with the technical rules and standards for cable television operation as adopted by the Federal Communications Commission, 47 CFR Part 76, Subpart K, as amended from time to time. The following distortion specifications apply over a temperature range of minus twenty (20) degrees Fahrenheit to plus one hundred twenty (120) degrees Fahrenheit: (a) The carrier to noise ratio shall be no less than 45.5 dB. (b) Second order distortion shall be at least 60 d~ below visual carrier. i (c) Total harmonic distortion shall be at least 52 dB below visual carrier. -7- I Ordinance No. 0-79-345 Page 8 VOL :e: PAGE ff (d) Cross modulation shall be at least 52 dB below visual carrier with synchronous video modulation. (e) Hum modulation factor shall not exceed plus or minus 2 per cent (60 or 120 hz.) tolerance. Testing. Operator shall maintain test equipment capable of demonstrating that the standards established herein are being met. Upon customer complaint, or where there exists other evidence, which, in the judgment of the City, casts doubt on the reliability of the quality of any cable television service, the City shall have the right and authority to test, analyze, and report on the performance of the system. Such test or tests shall be made consistent with the provisions of 47 CFR 76.609 et seq. as amended. The cost of such testing shall be borne by the City; but if such testing determines that standards are not being met, operator may be required to reimburse the City for the cost of such testing. I I i i i i i I I Service to Public Buildings. Public buildings shall be I connected to the cable system at no charge. Such requestsl for service are to be initiated by authorized local i government officials. One service drop per facility shalli be made at City Hall, Police Stations, Fire Stations, and 'I all public schools. No monthly charges shall be made for I service at these public buildings. I Compliance with Application. Cable television operator i shall provide all services specifically set forth in its I application to provide cable television service to the I City of Colleyville. Failure to provide the services pro-I mised in any application shall be deemed a violation of I this ordinance. I Cause for Termination. In addition to all other rights and powers pertaining to the City by virtue of any fran- chise or otherwise, the City shall have the power and right to terminate and cancel all rights and privileges of any cable television operator to operate within the City in the event that the operator: (a) violates any material provision of its franchis~, or of this ordinance; , i i material provision of its! any fraud or deceit uponl I I (b) attempts to evade any franchise or practices the City; (c) fails to begin or complete construction as provided under its franchise; -8- 1 2 3 4 5 6 7 8 9 I 10 L I I 111 i I i 12 13 14 I Ii q iI :: !I 17 I I I I 18 I 19 ii II 20 II !I 'I 21 I, i' Ii 22 II 23 II II II 24 I i I I 25 ! il 26 II Ii Ii 11 Ordinance No. 0-79-345 Page 9 VOL.LPAGE JOtJ Sec. 27 (d) fails to operate a first class system in accordance with the highest standards of the industry. Forfeiture. (1) The City Manager may make a written demand that the operator do or comply with any provision of its franchise or of this chapter. If the violation by the operator continues for a period of thirty (30) days following such written demand without written proof that the corrective action has been taken or is being actively and expedi- tiously pursued, the City Manager may place his request for termination of franchise upon the next regular City Council meeting agenda. The City Manager shall cause to be served upon the operator, at least ten (10) days prior to the date of such meeting, a written notice of intent to request such termination and the time and place of the meeting, notice of which shall be published at least ten (10) days before such meeting in the official newspaper of the City. (2) The City Council shall consider the request of the City Manager and shall hear any person interested therein and shall determine in its discretion whether or not any violation by the operator was with just cause. (3) If such violation by the operator is found to have been with just cause, the City Council shall direct the operator to comply therewith within such time and manner and upon such terms and conditions as are just and reasonable. (4) If the City Council shall determine such violation by the operator was without just cause, then the City Council may, by ordinance, declare that the franchise of the operator shall be terminated and forfeited unless there is compliance by the operator within such period as the Council may fix. j (5) In the event of such revocation, the City shall have II the right to purchase the cable system at a price not to , exceed its then fair market value, considering the orig- i inal cost of all tangible and intangible property, as wel~ as the salvage value, the book value, the replacement I cost, cash flow, and other facts, exclusive of good will,l or any right or privilege granted by operator's franchise~ Should City decline to purchase the system, the operator I shall have two (2) years from the date on which it ceasesl operation to remove, at its own expense, all portions of I its cable television system from all streets within the , City, and to restore said streets and ways to a condition 'I' reasonably satisfactory to the City within that period of t' I lme. I I I I ! -9- Ordinance No. 0-79-345 Page 10 VOL~ PAGE 101 IT IS SO ORDERED. first Reading and Public Hearing being conducted on the of October , 1979. second Reading and Public Hearing being conducted on the of October , 1979. third Reading and Public Hearing being conducted on the of November , 1979. 1 2 3 Sec. 28 4 5 6 Sec. 29 7 I I I I 10 I 111 I 12 I I I. Sec. 30 13 14 I I 15 II i 8 9 16 17 II Sec. 31 II Ii 18 II !i II 19 iI Sec. 20 Ii !i 21 II AND d 22 II The \i day 23 II The !, day 24 II The I'd il ay 25 II Ii 26 Ii II ,. II II -~.. Other Business Activities. Operator shall not engage in the business of selling, repairing or installing tele- I vision receivers or radio receivers within the City durin~ the term of the franchise. Local shareholders of opera- I tors owning more than ten per cent (10%) of the operator'~ stock shall likewise not engage in such business. I Theft of Services and Tampering. No person, whether or I not a subscriber to the cable system, shall willfully, I maliciously or otherwise damage or cause to be damaged any wire, cable, conduit, apparatus or equipment of any ! cable television operator, or commit any act with intent to cause such damage or to tap, tamper with or otherwise connect any wire or device to a wire, cable, conduit, apparatus, appurtenance or equipment of any cable tele- vision operator with the intent to obtain a signal or impulse from the cable system without authorization from or compensation to such operator, or to obtain cable television or other communications service with intent to cheat or defraud such operator of any lawful charge to which it is entitled. Penalty. Whoever shall violate any provision of Sec. 1 or Sec. 29 shall be guilty of a misdemeanor and shall be liable to a penalty of not less than One Hundred Dollars ($100.00) for a first offense and not more than Two Hundred Dollars ($200.00) for a second and every subse- quent offense. The penalties provided in this section shall be enforced by appropriate proceedings instituted by the City or by a cable television operator. 32 If any section, subsection, sentence, clause or phrase of this ordinance is held unconstitutional or otherwise invalid, such infirmity shall not affect the validity of the ordinance, and any portions in conflict are hereby repealed. I The City Secretary is hereby authorized to cause pUblica-I tion of the descriptive caption and penalty clauses I hereof as an alternative method of publication provided I by law. I I I I I 16 t h I 6th 2nd -10- I i , i . VOL j:/ PAGE I~:L Ordinance No. 0-79-345 Page 11 1 2 I ! I II i I I i Passed, approved, and adopted by the City Council of the City of Colleyvil]e, Texas, this the 6th day of November, 1979, by the following vote of 5 to o. 3 APPROVED: 4 6 BY:~~ c~ , ayor 5 I\TTEST: 7 8 9 j' I . Approved as to form and :: II ROs~F:UJL 12 Ii City Attorney ii 13 II " legali ty: 14 I i 15 I 16 II I! 17 Ii II 18 II II 19 :1 II n 20 q d q 21 it 1 ~ 22 Ii " II 23 il 24 'I !1 Ii 25 Ii ., :i 26 ;1 :j I, I! 'I I' .I ..._l -11-