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HomeMy WebLinkAboutOrdinances (O-79-347)-11/20/1979 1 2 3 f {J~ IQ- IJ-17 '7,1 0 ~~, ~ . kil ORDINANCE NO. 0-79-347 4 AN ORDINANCE GRANTING A CABLE TELEVISION FRANCHISE WITHIN THE CITY OF COLLEYVILLE AND PROVIDING RULES, REGULATIONS, AND CONDITIONS FOR THE OPERATION OF SAID FRANCHISE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, q TEXAS: q 10 Ii 11 II , ~ 5 6 II WHEREAS, I! 7 ! ~ i 8 ~ I 9 Sec. 1. 12 I I I 13 q :1 14 Ii I. Sec. 2. Ii I 15 !I II '! " 16 17 18 19 20 21 Sec. 3. 22 23 24 25 26 the City Council of the City of Colleyville has considered the application of a cable television operator to establish a system in Colleyville and has investigated its qualifications and proposals and has found that the citizens of the City will be best served by granting of a franchise to Tarrant Cable Communica- tions, Inc.; NOW, THEREFORE, COLLEYVILLE CABLE TELEVISION FRANCHISE THAT Tarrant Cable Communications, Inc., hereinafter referred to as "operator" is hereby granted the right, privilege and franchise to establish, maintain, and operate a cable television system in the City of Colleyville for a period of 15 years from the effective date of this ordinance. THAT the operator shall have the same right to use the public ways within the City as the telephone franchisee has together with the right to erect and rent the use of poles, conduits, and other facilities of other utility companies within the City. Such right shall be subject to the police powers of the City, as well as the right to require the removal or relocation without charge of any facility if such removal or relocation is required for any public purpose. Operator shall indemnify and hold the City harmless from any action arising out of the operator's activities and shall furnish public liability insurance with the City as the named insured in the minimum amount of $100,000.00 for personal injuries to anyone person, $300,000.00 for personal injuries arising out of any single one accident, and $50,000.00 for property damage. The operator shall pay the City an annual sum equal to 3 per cent of all its gross receipts received from the operation of all facets of its business collected during such year. The said gross receipts shall be computed monthly and the amount to the City shall be paid on or before the 15th day of the following month; provided, however, that the final payment to the City after termination of this franchise shall be made within 15 days after the date of such termination. Such sum shall be the compensation for the rights, privileges, and 1 2 3 4 5 6 7 8 B JO , Fec. 4. 11 12 13 ISec. 5. 14 15 16 17 18 19 20 21 22 23 ,i 24 ;1 q 25 Ii 11 :1 , 26 I; 'i " I 'I I II u VOLUME ~~, T\ ~ f"f""-18s-' I-",_,..,.;J; '-'_ _...'-.. d~ franchise herein conferred and in consideration of the permission to use public streets and ways within the City and in lieu of street and alley rental and charges for supervision of use of such streets and public ways. Such gross receipts shall include, but not be limited to, fees received by the operator for monthly service, installation, reconnection, relocation, special services, two-way service, and leased access and advertising; provided, however, that if and when the Federal Communi- cation Commission authorizes the payment by the operator of a larger and increased percentage payment above said 3 per cent, then in such event, the amount authorized by the Federal Communication Commission shall be paid to the City under this ordinance and said amount shall automatically become due and owing pursuant to the terms hereo f . Operator has been made aware of the existing ordinances of the City Council, as well as the new proposed cable television ordinance presently being considered by the City Council with this franchise ordinance and agrees to be bound thereby. Neither the operator herein named nor any subsequent operator shall sell or transfer its plant or system to another, nor transfer any of its ownership or stock to any person, firm, or corporation, or make any transfer which would result in a change of the interest of the operator except upon prior approval of the City Council, except that it may hypothecate such property to secure payment of indebtedness. The operator shall install and maintain a cable television system capable of carry- ing at least 35 channels and providing the following services: (a) (b) Provide two-way system capability; Distribute all signals and telecasts Originatint locally, providing educational and governmental I access channels; (c) Distribute and provide a channel for local use, local information, local weather, and time; (d) Shall carry the following additional signals: CHICAGO INDEPENDENT (By satellite) CHRISTIAN BROADCAST NETWORK (Religious) (By satellite) PTL SATELLITE NETWORK (Religious) (By satellite) MADISON SQUARE GARDEN (Sports) (By satellite) Chicago Norfolk, Virginia Charlotte, N. Carolina New York or Houston -2- ~ )tJt., SHOWTI~~ (By satellite) * New York or Houston New York, New York New York, New York HOME BOX OFFICE* (By satellite) HOLLYWOOD THEATRE NETWORK* (By satellite) *Optional service at an additional charge. Upon request, any subscriber shall be provided with a key system for disconnect by subscriber at a one time charge of $15.00. In addition, all band "FM" reception will be provided. (e) As additional services become available from any source, these shall be made available within a reasonable time after demand from City Council, unless it can be shown by competent evidence not to be economically feasible, the final decision to be that of the City Council. All of the above services shall meet or exceed the standards established by the Federal Communication Commission rules, Subpart K, Technical Standards. The operator shall, without charge for installation, maintenance, or service, make single installations of itsl standard service facilities at each fire and police station and the city hall. Such installation shall also be made to each public school. Such installation shall be made at such reasonable locations as shall be requested by the respective units of government or educational institutions. Relocation of such installa- tions shall be made at such reasonable locations as shall be requested by the respective governmental units and educational institutions. Any charge for relocation of such installations at a given location may be made at a cost plus 10 per cent basis. No monthly service charges shall be made for distribution of the operator's signal within such publicly owned buildings. The operator may be required to interconnect its system with any other broadband communications facility operating in an adjacent territory. Should technology make interconnection with another cable originator feasible, the operator may be required to interconnect its local access system with such cable operator if permitted by appropriate federal regulations and subject to payment of reasonable charges. Such interconnection shall be made within 60 days of the request by the City. For good cause, operator may request and the City may grant reasonble extensions of time to comply with these requirements. -3- P )~7 Operator shall make a governmental access channel available to the City upon request, together with a modulator and line from the head-end to such City facility as the City may select, without charge. The operator shall make available to the Grapevine- Colleyville School District at least one educational access channel, together with modulators and lines from the head-end to the site selected by the educa- tional institution, without charge. Operator shall provide for local public access at no charge by I maintaining a studio with color cameras, audio equipmen~ and lights. Operator shall install a system with the ! capability of immediately interrupting signals as may ! be necessary to provide adequate civil defense and ! disaster service information and to prevent the distri- I bution of obscene or libelous material. i Rates shall be established by the City's governing body It is agreed that initial rates as set forth on the Attachment A hereto shall not be increased prior to the expiration of two years from the date service is provided to the first subscriber. Rates shall not be increased more than 10 per cent prior to the expiration of the fifth year after the date service is provided to the first subscriber. All rate proceedings shall be ~ governed by the City Charter and ordinances and shall generally provide for rates which afford operator a fai return upon the value of invested capital used and useful in rendering service within the City. Value of i invested capital shall be original cost less deprecia- i tion. Should the operator's assets be sold to a new 1 operator, no weight shall be given to such resale priCe'j" but the new operator shall, for rate purposes, take the assets at the same basis held by the seller. ; I The City reserves the right to terminate and cancel this'I' franchise and all rights and privileges of the operator, , I ln the event the operator: ! (1) violates any provision of this franchise or any ordinance of the City pertaining exclusively to public utility franchisees, including cable television; i I itsl , I I I I , (2) becomes insolvent, unable or unwilling to pay debts; (3) fails to obtain an FCC license to operate a cable television system within the City within six months of the date of final passage hereof; I the cable television system instal16d within 18 months from the date of I of this ordinance; for the purpose I , i I I -4- (4 ) fails to have and operating final passage ~ M 1 2 3 4 5 6 Sec. 13. 7 8 9 10 11 of this ordinance the system shall be considered installed when 50 per cent of the potential customers are served. Operator may request extensions of any times establishe~ by this section caused by circumstances beyond its i control. I Operator shall within 30 days of the approval of this franchise file a bond or guarantee approved by the City Attorney executed by a bonding or surety company authorized to do business in the State of Texas in the amount of $20,000.00, conditioned upon the assurance that the operator will discharge the obligations and conditions contained in this franchise. Since the damages to the City for failure of performance of the construction time period and other sections of this franchise are difficult to measure and the grantee recognizes that the City will be damaged in the event of the failure of such performance, said bond amount of $20,000.00 shall be considered as liquidated damages fot: any breach under this franchise agreement. ' 12 13 Sec. 14. This franchise is not exclusive and nothing herein contained shall be construed to prevent the City from granting any other like privilege to any person. 14 Sec. 16. This ordinance and the rights, privileges and authority hereby granted shall take effect provided that within 30 days after date of the passage of this ordinance the operator shall file with the City Secretary its unconditional acceptance of this franchise ordinance and promise to comply with and abide by all of its provisions, terms, and conditions. Such acceptance and promise shall be in writing, duly executed and sworn to by the operator before a notary public or other! i officer authorized by law to administer oath. 15 Sec. 15. The operator agrees not to oppose intervention by the City in any suit or proceeding to which the operator is a party, concerning or involving the operator and the City's rights under this franchise. 16 17 18 19 20 21 22 Sec. 17. If any section, sentence, clause, or phrase of this . ordinance is held unconstitutional, this ordinance shalli be voidable. In the event that the Federal Communicatiop Commission declares any section invalid, then such ! section or sections will be renegotiated by the City and the operator. 23 24 25 AND IT IS SO ORDERED. 26 -5- !I I I 1 f 2 3 4 5 6 7 The day The day The day y-- 10 f first_~e~~g and Public Hearing being conducted on the IJ~ of ~ ,1979. ~ secoqP~eadingAand Public Hearing being conducted on the ~l of ~,1979. ~ thir?~eading Hnd Public Hearing being conducted on the ~~.' of ~, 1979. , Passed, approved, and adopted ~~he City Cou~il of tqe City of Colleyville, Texas, this the 7 day of ~ 1979, by the following vote of r- to () 8 .; Ii n 9 I. 1l I, j' 10 ,I II II 11 i! ATTEST: APPROVED: By: I~ cMUJ Buck Hubbard, Mayor 12:1 Y?~~ 13 ,I~ Johnson City Secretary 14 :1 Approved as to :! 15 ;; 16 I) :1 17 II H 18 i I' 19 Ii ;i 20 q " I: i' 2 p 1 f! Ii 22 )! H :1 23 'I 241 i 25 \ ~ 26 ~ Ii I q and legality: -6- r IltJ ATTACHMENT A PROPOSED RATES FOR CITY OF COLLEYVILLE, TEXAS Aerial/Underground Installation Monthly RESIDENTIAL Basic Subscriber Rates All installations are free within first 30 days service is available $15.00/$25.00 $6.00 All installations below apply only if connection is made separate from first outlet: Additional Outlet $10.00 $1.50 FM $10.00 $1. 50 Relocation $10.00 N/A Reconnection $10.00 N/A Converter $10.00 $1.50(1) Showtime Plus $10.00 $8.00 HBO $10.00 $7.00 Economy Premium $10.00 $5.00 (1) Set-top converter may be rented from the Company at $1.50 per month or deluxe remote-controlled converter may be rented from the Company at $2.00 per month. Either of these converters, or a wireless remote controlled converter, can be purchased from the Company at our cost, thus eliminating monthly rental. No changes in rates will be requested by Tarrant Cable Communications, Inc., for a period of two years.