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-