HomeMy WebLinkAboutORD 1342 Granting Rights to Warner Cable Communications
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ORDINANCE NO. 1342
ORDINANCE GRANTING TO WARNER CABLE COMMUNICATIONS, INC. ITS SUCCESSORS
AND ASSIGNS, THE RIGHT, PRIVILEGE, ,AND FRANCHISE TO ERECT, MAINTAlN"
AND OPERATE A COMMUNITY ANTENNA TELEVISION SYSTEM IN THE CITY OF WEST
UNIVERSITY PLACE, TEXAS; TO ERECT, MAINTAIN, AND OPERATE ITS POLES,
TOWERS, ANCHORS, WIRES, CABLES, ELECTRONIC CONDUCTORS, CONDUITS,
MANHOLES, AND OTHER STRUCTURES AND APPURTENANCES IN, OVER, UNDER,
ALONG, AND ACROSS THE PRESENT AND FUTURE PUBLIC STREETS, HIGHWAYS,
ALLEYS, BRIDGES, EASEMENTS, AND OTHER PUBLIC WAYS AND PLACES IN THE
CITY; PROVIDING FOR AN EFFECTIVE DATE AND TERM; PRESCRIBING
COMPENSATION FOR THE RIGHTS, PRIVILEGES AND FRANCHISE CONFERRED
HEREUNDER; PRESCRIBING THE CONDITIONS.GOVERNING THE OPERATION OF THE
BUSINESS INSOFAR AS IT AFFECTS THE USE OF PUBLIC PROPERTY FOR THE
PURPOSE OF SUCH BUSINESS; PRESCRIBING RULES AND REGULATIONS GENERALLY
FOR THE INSTALLATION, MAINTENANCE, AND OPERATION OF SAID SYSTEM AND
BUSINESS; PROVIDING A SUPERCEDING CLAUSE; PROVIDING FOR ACCEPTANCE BY
THE COMPANY CONTAINING GENERAL PROVISIONS RELATING TO THE GRANT OF THIS
FRANCHISE; AND PROVIDING FOR SEVERABILITY.
WHEREAS, Warner Cable Communications, Inc., a Delaware
corporation, has provided cable television services to the citizens of
West University Place; and
WHEREAS, the franchise currently held by Warner Cable from the
City of West University Place is due to expire in the year 1991; and
WHEREAS, Warner Cable desires to continue the operation of its
cable system and to utilize the City's streets and rights-of-way under
a new franchise from the City;
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NOW, THEREFORE, in consideratlon of the mutua 1, covenants and,'
agreements contained herein, the City hereby consents to Warner Cable1s
COntinued operation ~f ttscable televisionsystem~'through a renewed
franchi se from the Ci ty, and to utili ze' the,streets and ri ghts-of-way
of the Ci ty, upon the fo 11 owi ng condi ti ons and terms:
Section 1. SHORT TITLE~
This ordinance shall be known and may be cited as the "WARNER
CABLE FRANCHISE AGREEMENT."
Section 2. DEFINITIONS.
For the purposes of this ordinance the following terms,
phrases, words, abbreviations and their' derivations shall have the
meaning given herein. 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. The word "shall" is always mandatory, and
not merely directory.
A. "Additional Serv:ices" shall mean any communications
services other than Basic Subscriber Service and Pay Television
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Ordinance Number 1342
046
provided by Grantee over the CATV system either directly or as a
carrier for its subsidiaries. affiliates or any other person engaged in
communications services. including. but not limited to. program guides.
burglar alarm. data or other electronic intelligence transmission.
facsimile reproduction. meter reading and home shopping and advertising.
B. IIAnniversary Datell shall mean the date on whi ch thi s
Franchise was passed and approved by the City Council of the City of
West University Place.
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C. IIBasic Subscriber Servicell shall mean the simultaneous
delivery by Grantee to television receivers. or any other suitable type
of audio-video communication receivers, of that service regularly
offered to all of its Subscribers. but excluding Additional Services
and Pay Television.
D. "CATVII shall mean community antenna television.
E. IICATV system" shall mean a system of cables. wires.
lines. towers, microwave and laser beams. and any associated
converters. equipment or facilities designed and constructed for the
purpose of producing. receiving. amplifying and distributing by audio,
video and other forms of electronic or electric signals to and from
subscribers and locations in the City.
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F. "Channelsll shall mean a band of frequencies. six
megahertz wide. in the electro-magnetic spectrum which are capable
of carrying either (1) audio-video television signals and non-video
signals or (2) non-video signals.
G. "City" shall mean the City of West University Place.
Texas. a municipal corporation of the State of Texas.
H. "City Council" shall mean the present governing body of
City or any successor to the legislative powers of the present City
Council.
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I. "Converterll shall mean an electronic device which
converts signals to a frequency not susceptible to interference within
the television receiver of a Subscriber and which. by an appropriate
channel selector, also permits a Subscriber to view all signals
delivered at designated dial locations.
J. IIEffective Competitionll shall mean the same as the term
is defined by the Federal Communications Commission Rules and
Regulations, 47 C.F.R., 76.33 (1985), as amended.
K. II Federal Communications Commission" or "FCCII shall
mean that agency as presently constituted by the United States Congress
or any successor agency with jurisdiction over CATV matters.
L. IIFranchise Year" shall mean any twelve-month period
commencing on an Anniversary Date and extending to the day immediately
preceding the next subsequent Anniversary Date.
Ordinance Number 1342
047
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M. "Grantee" shall mean Warner Cable Communications, Inc.,
or its successors and assigns, in accordance with the provisions of
this franchise.,
N. "Grantee Channels II shall mean the Channels on the CATV
system which are reserved for carriage of program material originated
locally by Grantee.
o. "Gross Revenues" shall mean all revenues collected by
the Grantee, including, but not .limited to, Basic Service revenues, Pay
Television revenues, Additional Services revenues, advertising
revenues, revenues resulting from connection or reconnectionfees of
any kind, revenues resulting from the sale or rental of equipment of
any kind and fees received for lease of Channels. Gross Revenues shall
not include any taxes which are imposed on any Subscriber or User of
CATV system by any governmental unit and collected by Grantee for
such governmentaluntt.
P. UInterconnect" shall mean a condition of a CATV system
by which the system is physically connected to adjacent systems by
cable, microwave or other means and provides the capability for
simultaneous carriage of signals, such as the emergency override.
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Q. "Pay Televis,ion"'l shall mean the delivery over the CATV
system of Programming to Subscribers fora fee or charge over and above
the charge for Basic Subscriber, Service, on a per-program, per-Channel
or other subscription basis.
R. "Public Utility Commissi:Qn of. ,Jexas ", or UpUC" shall
mean that agency as presently constituted by the laws of the State of
Texas or any successor agency.
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S. "Street" shall mean the surface or the space above and
below any public street, road, highway, alley, bridge, sidewalk or
other public place or way now or hereafter held by City for the purpose
of pub 1 i c :trave 1 and slh:a 11; i nc 1 ude other easements or ri,ghts-of-way now
held or hereafter held by City which shall within their proper use,and
meaning, entitle City and Grantee to the use thereof for the purposes
of installing or transmitting CATV ,system transmissions! over poles,
wires, cables, conductors, conduitsJ manholes, amplifiers,
appurtenances, attachments, and other structures, equipment and
facilities as may beordinarBy necessary and pertinent, to a CATV
system.
T. "Subscriber" shall mean any personwithi n the Ci tywho
lawfully receives any service del ivered by the' CATV system.,
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U. "User of CATV system" shall mean a person who utilizes
the CATV system to produce or to transmit programs or'other
communications to Subscribers. '
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Ordinance Number 1342
048
Section 3.
GRANT OF AUTHORITY.
There is hereby granted to Warner Cable Communications, Inc., '~
a Delaware corporation, the right, privilege and franchise to have,
acquire, construct, reconstruct, maintain, use and operate in the City
a CATV system, and to have, acquire, construct, reconstruct,
maintain, use and operate in. over. under and along the present and
future streets of City ,as well as other easements and rights-of-way
held by City all necessary or desirable poles, towers. anchors, wires.
cables, electronic conductors,und~rground tonduits, manholes~ .and-
other structures and appurtenances necessary for the construction,
maintenance and operation of a CATV system in the City.
Section 4.
COSTS TO GRANTEE.
For all costs incurred by the City in its franchise renewal
evaluation and preparation, Grantee shall pay to the City an amount,
not to exceed Ten Thousand Dollars ($10.000). Grantee shall. in
addition. pay all costs of publication of this ordinance.
Section '5.
TERM OF FRANCHISE; RENEWAL.
Upon the filing with ,City by Grantee of the written
acceptance required herein, this franchise shall be in full force and
effect for a period of fifteen (15 years).
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Renewal of this franchise shall be in accordance with the
renewal provisions provided by Section 626 of the Cable Communications
Policy Act of 1984, as amended. As provided in Section 4 hereof. the
Grantee shall pay all costs incurred by the City in considering and
processing a proposal for renewal.
Section 6.
.FRANCHISE TERRITORY.
The Franchise territory shall include the present and future
boundaries of the City.
Section 7.
USE, RENTAL OR LEASE OF UTILITY POLES
AND FACILITIES.
There is hereby granted to Grantee the authority to contract
with City or any appropriate board or agency thereof or with the holder
or owner of any utility franchise in the City for the use, rental or
lease of its or their poles, underground conduits and other structures
and facilities for the purpose of extending, carrying or laYing
Grantee1s wires. cables. electronic conductors and other facilities and
appurtenances necessary or desirable in conjunction with the
operation of its CATV system. City agrees that any public utility
owning or controlling such poles or underground conduits may. without ~
amendment to its franchise, allow. and is encouraged to allow, Grantee J
to make such use thereof pursuant to any agreement reached between such
utility and Grantee.
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Ordinance Number 1342
049
Section 8.
COMPLIANCE WITH APPLICABLE LAWS.
The work done and activity in connection with the
constructi on, reconstructi on" mai ntenance, operati on or repai r of
Grantee's CATV system shall be subject to and governed by all present
and future laws, rules, and regulations of City, the State of Texas and
the United States of America, including the FCC and any other federal
agency having jurisdiction.
Section 9.
SUBJECT TO POLICE POWERS OF CITY.
The constrtiction~ maintenance, and operationo~ Grantee's
CATV system and all property of Grantee subject to the provisi ons of
this franchise shall be subject to all lawful police powers, rules, and
regulations of City. City shall have the power at any time to order
and require Grantee to remove or abate any pole, line, tower, wire,
cable, guy, conduit, electric conductor or any other structure or
faci 1 ity that is dangerous to life or property . In the event Grantee,
after written notice, fails or refuses to act, City shall have the
power to remove or abate the same at the expense of Grantee, all
without compensation or liability for damages to Grantee.
Section 10.
CONo.ITIONS: OF: STREET OCCUPANCY.
A. Use. All structures, wires, cables, equipment, and
facil ities erected or maintained by Grantee within City shall be
located as to cause minimum interference with the proper and intended
use of the ~treets and with the rights Dn reasonable convenience of the
owners or occupiers of property which adjoins any of such streets.
B. Restorat;-on. The surface ofrany street di,sturbed by
Grantee in laying, constructing, maintaining, operating, using,
extending, removing, replacing or repairing its CA1V system shall be
restored by 'Grantee immediately. after the ,completion of ,the work" ,at
its cost and expense, to as good a condition as before the commencement
of the work and maintained by Grantee to the satisfaction of the City
for one year from the date of completion ,of.such restoration work~ ' No
street shall be encumbered by construction, maintenance, removal,
restoration or. repair work by Grantee for a longer period than shall be
necessary to execute suchwor.k. If there is.an unreasonable delay by
Grantee in restoring and maintaining streets after such excavations or
repairs have been~made, City shall have the right without further
notice to restore or repair the same and to require Grantee to pay the
reasonable cost of such restoration or repair.
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C. Relocation. Whenever-by reason of the construction,
repair, maintenance, relocation, widening, raising or lowering of the
grade of any street by City or by the location or manner of
construction, reconstruction, maintenance or repair of any public
property, structure or facility,.by;City,it shall be deemed necessary
by City for grantee to move" relocate". change,. alter or modify any of
its facilities or structures, such changes, relocation, alternation or
modification shall be ,promptly made by: Grantee, at its cost and
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Ordinance Number 1342
expense, when directed in advance in writing or through the use of the
Texas One Can notification system by.the City, without claim for or
right of reimbursement of cost or damages against City. In the event
Grantee, aft~r such notice, fails or refuses to commence, pursue or
complete such re~ocation work within, a ,reasonable time, City shall have
the authority, but, not the obligation, to remove or abate such .,
structures or facilities and to require Grantee to pay to City the
reasonable cost of such. removal or.' abatement, all without compensation
or liability for damages to Grantee.
D.: Temporary; Removal ,of Mire'for Building 'Moving. Upon
written request of any person holding a building moving permit issued
by City, Grantee shall remove, raise :or lower its wires and cables
temporari ly to permit :the;'moving 'of houses. :butldings or other bul ky
structures. " The, reasonab'le ,expense of ,such temporary removal, raising
or lowering shall be paid by the benefited person ,and Grantee may
require such payment in advance, Grantee' being without obligation to
remoVe. "raise ,or lower,its' wires and cables unti.l such payment shall
have been made. GranteeS'han be given not less than seventy-two (72)
hours advance written notice to arrange for such temporary.wireand
cable adjustments~
E. Tree Trimming. City Council shall, from time to time,
pass ordinances regulating the trimming or removal of trees on or along
Ci ty property.
F. Placement of fixtures. Grantee shall not place poles,
towers or similar fixtures where the same',will interfere with any as,
electri~ or telephone'fi'xtures, water hydrant or main, drainage,
facility o~ sanitary sewer, -and all such poles, towers and similar
facilities shall be placed as directed by City and in such manner as
not to interfere with the usual travel or use of the streets.
G. Approval of Plans and Specifkations. Grantee shall
provide complete plans and specifications for all construction within
streets to the City's Public Works Department for' review at least
thirty (30) days prior to the start of construction. Approval of plans
shall not be 'unreasonably delayed or:denied. In the event of
rejection, Grantee shall submit revised plans and specifications for
approval. ,This provision shall apply to each construction sequence if
the construction is accomplished,in phases. '
Section II. INDEMNIFICATION AND LIABILITY FOR
DAMAGES. /
Grantee shall pay, and by its acceptance of this franchise
specifically agrees that it will pay, the following:
A. Damages and. Penalties. All damages or penalties which
City, its officers, agents or employees, may legally be required to pay
to third parties as a result of damages, arising out of copyright
infringements and all other damages arising out of the installation,
maintenance or operation of Grantee's CATV system, whether or not any
act or omission complained of is authorized, allowed or prohibited by
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Ordinance Number 1342
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this franchise .unless such act 'or omi"ssion is the result of the willful
misc'onduct or negligent act of the City. its employees or agents; .and
B. Expenses. All expenses incurred by City in defending
itself, its officers, agents or employees. against any and all claims
for damages or penalties destribed.in Section II.A~ These expenses
shall include all reasonable out"':'of-pocket expenses. such as, but not
limited to. attorney fees. expert witness fees and court costs and
shall also include the reasonable value of any services rendered by any
officers or employees of City.
S~bject to Section A above. itis the intent of this section
and by its aCCeptance of thi s franchise Grantee specifiCally agrees
that Grantee shall iridemn'ify and hold City. its officers, agents. and
employes. harmless :from all liability. damage., cost or expense arising
from claims for injury or pers-ons.damage to property or penalties
occasioned by reason :of:any conduct, undertaken by reason of this:, ,
franchi se.; , City shall not and .does not by r.eason of the granting of
this franchise assume any liability of Grantee whatsoever for injury to
persons. damag'e to property or penal ties.
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Section 12. LIABILITY INSURANCE.
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A. Minimum Coverage. Within thirty (30) days after the
effective date of this franchise, Grantee shall file with the City and
shall maintain on file throughout the term of this franchise a
certificate of insurance issuedbya company duly authorized to do
business in, the State of Te}(1as 'i nsuring City;and Gra'nteewith respect
to the installation, maintenance and operation of Granteels CATV
system in the following minimum amounts:
(1) One Pef'son. Three MilHon Dollars ($3,000,000.00) for
bodi ly injury Of' death .to anyone person.', . , ,
(2) One Acci:dent. 'Three Minion: Dollars ,($3,000,000.00) for
bodily injury or death resulting from anyone accident. '
(3) Property Damage., Three Million Dollars ($3,000,000.00)
for property'damage,resulUng ff'omany one occurrence.
(4) All Other Types.of UabiJity. One' Million Dollars;'
($1,000.000.00) for all other types'of liability.
B. Increased Coverage. City Council may,from time to time
require Grantees to increase the minimum amounts of'liabilityinsurance
coverage to reasonable amounts generally requi red of CATV systems.
Such requirement shall be expressed by resolution or ordinance.
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C. Notice of Cari'cellation or Reduction. Such certificate of
insurance shall contain the provisi~n that written notice of
expiration, cancellation or reduction in coverage of the polity shall
be delivered to the City and to Grantee at least thirty (30) days in
advance of the effective date thereof.'
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Ordinance Number 1342 052
D. Term. Such liability, insurance shall be kept in full
force ,and effect by Grantee during the existence of this franchise and
thereafter until after the removal of all poles9 wires, cables9
underground conduits, manholes and other conductors and fixtures ~
incident to the maintenance and operation of Grantee's CATV system,
should such removal be required by the City or undertaken by Grantee.
Section 13. FACILITY UPGRADE9 REBUILD, NEW
DEVELOPMENTS .:
A. Within twelve (12) months from the final passage of this
franchise agreement9 Grantee will have replaced and/or upgraded its
existing CATV system located within the City so that its system is as
advanced as the current state of technology win allow. Suchsystem
replacement and upgrade shall be in accordance with the "Plan for
Replacement of CATV $ystemll submitted to the City by the Company 9
which plan includes a two-page narrative and list ofspecifications9
the Warner Cable Construction Specifications Manual referred to
therein9 a IIproposed Timetablell and a three-page "Bill of Materials9"
all of which are on file in the office of the City Secretary and are
incorporated herein by this reference. At all times the CATV system
located in the City shall be no less advanced than any other CATV
system of Grantee's located in an adjacent or contiguous area to city.
B; Upon completion of the ~pgrade9 Grantee shall cause a
registered" qualified engineer to certify that the CATV system has,
been rebuilt and constructed in accordance with the "Plan for
Replacement of CATV Systen'1" identified above.
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Section 14. OPERATIONAL STANDARDS.
CATV system shall be installed, maintained and operated in
accordance with the highest accepted standards of the industry to the
end that Subscribers may receive the best and most desirable form of
service. Toward accomplishment of this purpose Grantee shall provide
the City, upon wr.itten request, with a written report of the results of
any annual system performance tests required by the FCC and any other
proof of performance tests: conducted by the Company. Grantee shall pay
the costs incurred by the City for any technical assistance deemed
necessary by the City for obtaining independent verification of
technical standards. In addition9 Grantee and its CATV system shall
meet the following minimum: standards:
A. Compliance with FCC Rules. Grantee shall comply with
present and future rules and regulations of the FCC in connection
with and relating to the operation of its CATV system.
B. Quality of Color Signals. Grantee's CATV system shall
be capable of transmitting and passing the entire color television
spectrum without the introduction of material. degradation of color
intelligence and fidelity.
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Ordinance Number 1342
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C. Rated for Continuous Operation. Grantee's CATV system
shall be designed and rated for twenty..;four.(24) hour ,a day continuous
opera t ion,.
D. Quality of, Picture. Grantee's CATV ,system shall be
capable of and shall produce a picture uponanySubscriberts television
screen in black and white or color, provided the Subscriber's
television set is capable of producing a color picture, that is
undi stortedand .free from ghost images and accompan,i ed by proper sound,
assuming the technical, standard production television set is in good
repair, and the televisionibroadcast ~ignal transmission is , ,
satisfactory. In any event, the; p'icture produced sha 11 be as 'good "as
the state of the art allows.
E. No Cross Modulation Or Interference. Grantee's CATV
system shall transmit or di stri butes i gna 1:s of adequate strengttl to
produce good pictures with good :sound in all television receivers, of
all Subscribers without causing cross modulation in the cables or
interference with other electrical ore lectroni c systems.
F. Converter-Parental Lock; Selection of Signal Number.
Grantee shall not offer or provide any Converter that cannot be
equipped with a parental lock capable of locking or securing one
Channel or all Channels. "
G. Temperature Range. Grantee's CATV system shall be
capable of operating throughout the air temperature range of 0 to 110
degrees Fahrenheit without degradation of audio or video fidelity.
H. Standard of Care. Grantee shall at all times employ a
high standard of care and shall install, maintain and use approved
methods and devices for'preventingfailures or accidents.which are
likely to cause damages, injuries 'or 'nui'sanc.es to ithe publi:c.
I. No Obscenity .Oab 1 eservi:ces that are obscene or
dtherwise"unprlotected by the United States Oonstitution.may not be
provided.
J. Serv,ice ,And Repa i r.' 'Grantee, s ha 11 render eff; c ient~ '
service, make repairs promptly and interrupt service only for good
cause and'for the shortest time:possible. Insofar as possible,.,such
interruptions 'sha 11 be preceded by forty-eight (48) hours noti ceand
shall occur during periods of minimum ,use of the CATV system.
K. Grantee's Office. Grantee shall maintain one principal
office and'may' maintain' as many sub-offices' as are, reasonably-neGessary
to promote good service and convenience to the public, in or: near the
City, which shall be open during all usual business hours, have a
listed telephone number and be so equipped and operated that complaints
and requests for installation, repairs or adjustments may be received
twenty-four (24) hours a day, seven (7) days a week. Such offi cesha 11
maintain complete and updated maps of Grantee's CATV system and the
construction plans and specifications thereof.
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Ordinance Number 1342
054
'L. Correspondence. All correspondence to and from
Subscribers', including customer complaints, shall be time and date
stamped and retained by Grantee for at least three (3) years.
M. Comp 1 ali nts. All comp 1 a i nts recei ved by the Ci ty, whether
in writing or through verbal communication, relative to Grantee.s
CATV system shall be forwarded to Grantee for handling.
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When there have been a pattern of complaints made, or where
there exists other evidence, which, in the reasonable judgment of the
City, casts doubt on the reliability or quality of cable service, the'
City shall have the right and authority to require the Grantee,
relative to the specific complaint recetved, to test,ana1yze and
report on the performance of the system. Grantee shall fully cooperate
with the City in performing such testing and shall prepare results and
a report. if requested, within thirty (30) days after notice. Such
report sha 11 i nC'l ude the fo 11 owi ng .i nforma tion:
(1) The nature of the complaint or problem which
precipitated the special tests.
(2) What system component was tested.
(3) The equipment used and procedures taken in testing.
(4) The meth'od, if any, in wh~ich such complaint or problem
was resolved.
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(5) Any other information pertinent to said tests and
analysis which 'may be required. "
The City may require that tests be supervised by a
professional engineer not on the permanent staff of the Grantee. The
engineer should sign all records of special tests and forward to the
City such records with a re,port interpreting the results 'of the tests
and recommending actions to be 'taken. The City.s rights under this
subsection shall be limited to requiring tests, analyses, and reports
covering specific subjects and characteristics based on said complaints
or other 'evidences when and under such circumstances as the City has
reasonable grounds 'to believe that the complaints or other evidence
require that tests be performed to 'protect the public against
substandard cable service. City shall provide Grantee in writing its
grounds for requesting such tests.
N. Service Cal1s~ Grantee shall respond to all service
calls within twenty-four (24) hours and correct malfunctions as
promptly as possible, but; in all 'events, within a reasonable time,
which shall be seventy-two (72) hours after notice thereof. except
during times of general breakdown due to weather or other catastrophe.
For such purpose, Grantee shall maintain a competent staff of employees
sufficient in size to"provide adequate and prompt service to
Subscribers.
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Ordinance Number 1342
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O. Interference wi th Reception. Granteesha 11 not allow its
cable or other operations to interfere with television reception of
persons not served by Grantee.
P. State of the Art. Grantee shall make every reasonable
effort necessary to keep the system current with the latest
deve10pmentsln the state of the ar.tofCATV in all respects.
Q. Quality of Service. The Grantee shall continue, through
the term of this franchise, to maintain-quality of service and meet
operational and technical standards. Should the City find that the
Grantee has failed to maintain adequate quality of service and meet
operational and technical standards, it shall specifically enumerate
such improvements to be made and so noti'fy the Grantee in writing.
Failure to make such improvements' within thirty (30) days of the date
of notification shall be deemed a violation of the franchise for which
penalties provided in Section 33 hereof are applicable.
Section 15. UNDERGROUND INSTALLATION.
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In portions of the City having telephone lines and electric
utility lines underground, whether required by ordinance or not, any
and all of Grantee1s lines, cables, and wires shall also be
underground. It shall be' t'he' pol idyof the City that existing poles
for electric and communication purposes be utilized whenever possible
and 'that underground installation, even when not required, is
preferable to the placing of additional poles.
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Section 16. EMERGENCY USE OF'THE GATV SYSTEM.;
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In the event of an emergency or disaster, Grantee shall upon
request of City Councilor its designated representative, make
available its facilities to City for 'emergency use during the period of
such emergency or disaster and shall provide such personnel as may be
necessary to operate its facilities under the circumstances. Grantee
shall incorporate into its facility the capability for an emergency
interrupt whereby' City t in time of cdsis, may be able- to introduce a
bulletin on all channels simultaneously.
Section 17." ,COMPLIANCE 'WITH STATE AND FEDERAL
LAWS.
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Notwithstanding ,any other provision of-this franchise to the
contrary, Grantee shall at all times comply ,with all :laws, rules and
regulations of the state and federal governments and any administrative
agencies thereof. If any such state or-federal law, rule or regulation
shall require or permit Grantee to perform any service or shall
prohibit Grantee from performing any service in conflict with the
provisions of this franchise of City, then immediately following
knowledge thereof Grantee shall notify the City in writing of the point
of conflict believed to exist between. such state or federal law, rule
or regulation and this franchise or any ordinance, rule, regulation or
charter provi si on o'f City. If the City determi,nes that a material
provi s i on of thi s franchi se, does in fact conf1 i ct wi th such state or
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Ordinance 'Number 1342 056
federal law, rule or regulation, it shall have the right to modify any
provision hereof to such 'reasonableextent as may be necessary to carry
out the full intent and purpose of this franchise. Any such necessary
modifications shall be reviewed by Grantee prior to any ordinance ~
amendment'.
Acceptance of this franchise shall not constitute a waiver by
Grantee of any of its constitutional or statutory rights.
Section 18. MODIFICATION BY FCC; JURISDICTION OF
FCC.
It is 's:pecifically agreed by City and Grantee that any
modifications of the" provisions of this franchise resulting from
amendment of the rules and regulations of the FCC shall be
incorporated into this franchise by City Council within one year of the
adoption of the amendment by the FCC, or at the time of the renewal
of this franchise whichever occurs first. Should the FCC lose or
voluntarily abdicate regulatory jurisdiction over any aspect of CATV,
the City shall be empowered to assume regulatory jurisdiction over any
such deregulated aspects, provided that City's regulation is not
contrary to lO'cal, state 'Or fe'deral law.
Section 19. EMPLOYMENT REQUIREMENTS:
Grante'e shall afford equal opportunity in employment to all
qualified persons. No person shall be discriminated against in '
employment because of race, color, religion, national origin or sex.
Grantee shall establish, maintain and 'carry out a positive, continuing
program of specific practices designed to assure equal opportunity in
'everyaspect of its employment policies and practices.
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Section 20. ' OTHER BUSINESS ACTIVITY.
Grantee'shallnot engagein'the'business of selling, repairing or
installing television receivers or,radio receivers within City during
the term of this franchise. Grantee shall not suggest, recommend or
single out any television,or radio sales or service firm or business
es tab 1 i shment to be patrori;.zed by Subscri bers. Grantee shall exerci se
all reasonable influence on its'officers, agents, employees and
representatives to insure compliance with this section. It is
provided, however, that this section does not prohibit Grantee from
servicing or repairing Converters and other technical equipment which
it owns and 'which are leased or otherwise furnished to Subscribers for
use with'Grantee's services or from'connecting subscriber-owned
equipment such as VCR's, stereo speakers, etc.
Section 21. PAYMENTS TO CITY.
A. Amount and Time. As compensation for the right,
privilege and franchise herein conferred, Grantee shall pay to City
each year a sum equal to five percent (5%) of Grantee's Gross Revenues
for such year. Such payments shall be made quarterly. Grantee shall
file with the City within thirty (30) days after the expiration of each
---..:
Ordinance Number 1342
051
quarter of each calendar year, or portion thereof, during which this
franchise is in effect, a Franchise Fee Payment report, in the form
attached hereto as Exhibit A, and made a part hereof for all purposes.
Such Franchise Fee Payment report shall be accompanied by Grantee1s
payment to City of five percent (5%) of such Gross Revenues for such
quarter.
B. Right of Inspection of Records. The City shall have the
right to inspect Grantee's records :showing the Gross Revenues from
which payments to City are computed and to audit and recompute any and
all amounts paid under this franchise. N~ acceptance of payment shall
be construed as a release oras an accord ,and satisfaction of any claim
City may have for further or additional sums payable under this
franchise or for the performance of any other obligation hereunder.
C. Other Payments to City. The franchise fee payable
hereunder shall be exclusive of and in addition to all ad valorem
taxes, special assessments for municipal improvements and other lawful
obligations of Grantee to City.
Section 22. RECORDS AND REPORTS.
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A. Principal Office of Grantee. Grantee shall maintain a
pri nci paT offi ce in or neaY' the City -as Jlong as it conti nues to operate
its CATV system or any portion thereof in the City and hereby
designates such office as the place to where all notices, directions,
orders, and reque.sts may be mailed, served or de,livered, under this
franchise. . The Dity shall be notified of the' location of such office
or any change thereof.
lB. Books oii Account~. Gra,ntee shall keep complete and
accurate books of accounts and records of its business 'and operattons
under and in connection with this franchise. All such books of
accounts and records shall be ~aintained or made available at Grantee's
pri nci paloffi ce in or near the ,City.
C. Access by City. The City shall have access to all books
of accounts and records of Grantee for a~c.ertaining the correctness of
any and all reports and may examine its o~ficers and employees under
oath in respect:thereto ~ Access sha 11 be ~ gi yen by Grantee to such
officers, agents or representatives of the City on reasonable notice at
all reasonable times during normal business hours not only to Grantee1s
records of,Gross Revenues, but also to all of Grantee's'plans,
contracts, engineering, planning, financial, statistical; customer and
subscriber ~ervice records relating to the properties and operation of
its CATV system and to all othet tetords ~nd reports required to be
kept or which are kept by Grantee in connection with the operation of
the CATV system under the franchise agreement.
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D. Annual Repott. ,A .reportsha,ll be fi 1 ed; by Grantee. with
the City within ninety (90} days following the end of each calendar
year or portion thereof during which, this franchise is in effect. Such
report shall include:
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Ordinance. Number 1342
(I} The number of Subscribers as of December 31 of the:
preceding year; and
(2) Gross Revenue and Regular Subscriber Service revenue
received by: Grantee for the preceding year.
The report shall be certified to by an independent certified
public accountant, and shall include any such other information as City
may request with respect to the properties and expenses related to
Grantee's: CATV system.
E. False Entry. ,Any false entry in the books or accounts
and records of Grantee or false statemen.t in.the reports to the City as
to a material :fact~ knowingly'made by Grantee, shall constitute a"
violation of a material provision of this franchise ordinance.
F. F.CC Fi 1 i ngs. .. Upon request by Ci ty, Grantee shall fi 1 e
copi es of all reports and fi 1 i ngs made to the FCC with the City.
Section 23. FREE DROPS AND SERVICE TO SCHOOLS AND
PUBLIC BUILDINGS~,
A. Upon request, Grantee shall provide one free drop to the
principal 'facility of all public 'and private non-profit schools and
universities, and all governmental 'buildings or facilities located
within the City as may be designated by the City. If such drop is in
excess of three hundred (300)- aerial feet or one-hundred fifty ,(150)
underg~ound feet, the Subscriber shall reimburse the Grantee for its
cost of time and materials in excess of the cost of said'distances,
which ever may be applicable. Drops will be required under this
Section 23.A only if plant is readily accessible and conduits are
reasonably available.
B. Grantee shall provide the internal wiring of the
buildings specified in Subsection 23.A above, reimbursable at its cost
of time and materials only, or, at the City's election, the Subscriber
can provide access or theintertonnect cable per the Grantee's
specifications.
C. Grantee ,shall. provide free Basic Subscriber Service, as
may be designated by the City'(including one free Converter per site),
to the principal facility of all public and private nonprofit schools
and universities and all governmental buildings or facilities which are
connected to Grantee's CATV system.
Section 24. SENIOR CITIZEN PROMOTIONAL PROGRAM.
In order to facilitate the availability of the CATV system
to senior citizens, Grantee shall, as a special promotion, waive normal
regular installation charges and basic Converter deposits on a
temporary basis for extended periods of time giving a maximum number of
senior citizens a chance to take advantage of the savings. Grantee
shall carry out a ninety (90) day promotion effort during the next
twelve (12) month period. If the effort achieves positive results,
058
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Ordinance Number 1342
059
Grantee shall plan and carry out additional efforts during each of the
subsequent two (2) yearperiods~. 'This special offer will apply only to
Basic Subscriber Service and to Subscribers who meet Grantee's credit
requirements. For purposes of this Section, senior citizens shall
include heads of households who are at lea~t 65 years of age.
Section 25. CUSTOMER RELATIONS.
Grantee shall maintain customer services at a high level of
quality and efficiencY:;l wh,ichshallinclude, without .1imHation: fa)
higheffi ci ency telephone and: . computer. M 11 ing and, record keep,i ng
systems adequate to me.et customer demands; (b) requirements that all
field employees carry a visible, identification card; and (c) procedures
to assure that field personnel make every attempt to provide notice to
occupants of properties before entering the properties to install or
maintain service.
Section 26. GRANTEE'S RULES.
Grantee shall have the authority to ,promul gate such rules,
regulations, terms, and conditions governing the conduct of its
business as shall be reasonably. necessary to enable Grantee to exercise
its rights and to perform its obligations under this franchise and to
a~sure an uninterrupted service to all:Subscribers;provided, however,
such rules, regulations, te.rms and conditions shall not be in conflict
with any of the provisions of this ' franchise ,or any ordinance of City,
the provisions o.f its Charte,r, the laws of the State of Texas, ,and the
United States :ofAmerica.and the rules and regulatio,ns of the FCC. and
any other federal agency having jurisdiction. A copy of Grantee's
rules, regulations, terms andcondttions shall be filedw.ith the City
and shall thereafter be maintained current byGrantee~
Section 27. RATES:
A. As a cable operator subject to Effective Competition,
Grantee shall not be subject ,to rate regulation, as contemplated by the
Cable Communications' Act of 1984. . ,i
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B. At anytime during the term of this ,franchise, should it
be determined that Grantee is' not subject to Effective Competition as
defined by the FCC, Grantee shall become .subject to any. local
regulation as allowed by law.
'. :- :
Section 28. DISCONTINUANCE OF SERVICE.
Grantee may'disconnect installations and djscontinue service
to a Subscriber upon Subscrdber,'s fai'luretopay.:biHwithinthirty
(30) days of rendition; providing, however,; Grantee shall give five (5)
days written notice to Subscriber, delivered either by mail or served
in person, that service will be discontinued unless arrearages are
paid before the expiration'of.the five .(5) day period.
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Ordinance Number 1342
aGO
Section 29. PROHIBITION OF DISCRIMINATORY OR
PREFERENTIAL PRACTICES.
In its rates or charges, or in making available the services ~
or facilities of the CATV system, or in its rules or regulations, or
in any other respect, Grantee shall not make or grant preference or
advantage to any Subscriber or 'potenti~l Subscribers or to the Users or
potential Users of Grantee's CATV system located in the City of West
University Place or any adjacent or contiguous City or area served by
Grantee, and Grantee shall, ~ot subject any. such person ot persons to
any prejudice or disadvantage. This provision shall not be deemed to
prohibit promotional campaigns to stimulate subscriptions to the CATV
system or other legitimate uses thereof.
Section 30. NON~EXCLUSIVE FRANCHISE.
The rights, privileges and franchise granted hereby are not
exclusive and nothing herein contained shall be construed to prevent
City from granting any like or similar rights, privileges and franchise
to any other person within all or any portion of City.
Section 31. NON-COMPLIANCE OF FRANCHISE.
The City shall notify Grantee in writing of any violation of
this franchise. If the violation by Grantee continues for a period of
thirty (30) days following such written notice without written proof
that the corrective action has been taken or is being actively pursued,
the City may impose the penalties set forth in Section 32 hereof. ~
Section 32. LIQUIDATED. DAMAGES.
A. Should Grantee fail to complete the CATV system
replacement and upgrade as set forth in Section 13 hereof, or within
such extra time as may have been approved by Council by motion or
resolution due to the occurrence of conditions beyond Grantee's
control, Grantee shall pay One Thousand Dollars ($1,000.00) per day for
each day, or part thereof, until such CATV system replacement or
upgrade is complete in accordance with Section 13 hereof. This sum
shall be considered and treated not as a penalty, but as liquidated
damages duethe'City from Grantee by reason of inconvenience to the
public and'public works supervision and maintenance and other City
administrative time which have caused expenditure of public funds
resulting from Grantee's failure to complete the work within the time
specified in Section 13 of this franchise ordinance.
B~ Should Grantee fail to comply with any provision of this
franchise within thirty (30) days following written notice from the
City of any such non-compliance, unless the Council specifically
approves the delay by motion or resolution due to the occurrence of
condi ti ons beyond Grantee-' s control, Grantee shall pay Fi ve Hundr,ed
Dollars ($500.00) per day'for each day, or part thereof, if the
deficiency continues. This sum shall be considered and treated not as
a penalty, but as liquidated damages due the City from Grantee by
reason of inconvenience to the public and public works supervision and
Ordinance Number 1342
061
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maintenance and other City administrative time which have caused
expenditure of public funds resulting from Grantee's failure to
complete the Work within the time specifiad in Section 13 of this
franchise ordinance.
Section 33. REVOCATION OF FRANCHISE.
In addition to all rights and powers of City by virtue of
this franchise or otherwise, City reserves as an additional and as a
separate and distinct power the right to terminate and canceled this
franchise and all rights and privileges of Grantee hereunder in any of
the fo 11 owi ng events or for 'any of; the fd 11 owi ng reasons: " -
A. Violation of Provisions. Grantee shall by act or
omission violate any material term9 conditton or provision of this
franchi se and shall fail or refuses-to effect comp 1 i ance withi n thi rty
(30) days following written demand by the City to do so.
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B. Insolvent or Bankrupt. . Grantee becomes insolvent or is
adjudged bankrupt or all or any part of Grantee's facilities are sold
under an instrument to secu're a debt and are not redeemed by Grantee
within thirty (3D) days from the date of such sale; provided, however9
this shall not be an event of termination or cancellation in the event
of bankruptcy proceeding and the trustee, receiver or debtor in
possession agrees in writing to be bound by the terms of this fra,nchise.
C. Fraud or'Oeceit. Grantee attempts to or does practice
any ~raud or deceit in it~~onduct or relations under this'franchise
with CitY9 Subscribers or potential Subscribers.
D. Method of Termination and Cancellation. Anysuch
termination and cancellation,of this 'franchise shall be by ordinance
adopted'by City Council; provided9 however, before any such ordinance
is adopted9Grantee must be given at least sixty (60) days advance
written noti6e, which notice shall set forth the causes and reasons for
the proposed termination and cancellation9shall advise Grantee that it
will be provided an opportunity to be heard by City Council regarding
such proposed .actionbefore anysuch,action is taken9 and shall .set
'forth the time, date and place of the hearing. In no event shall such
hearing be held less than thirty (3D) days following delivery of such
notice to Grantee. '
E. Force -Majeure. Other than its'- failure9 refusal or
inability to pay its debts and oQligations9 including9 specificallY9
the payments to City required by thisfranchise9 Grantee shall not be
declared in default or be subject to any sanction under any,provision
of this franchise in those cases in which performance of such provision
is prevented by reasons beyond' its' control.
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,Ordinance Number 1342
062
Section 34. . NOTICES.'
Notice.s as may;be :required under this .franchise to City shall
be to:
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City Secretary
City of West University Place
3800 University Boulevard
Houston, Texas 77005 , .
Notices as ,may be required under this,;franchise agreement to
Grantee shall be to the following~ or to Such other address as Grantee
with approval of City may designate from time to time:
Warner Cable
8400 West Tidwell
Houston, Texas 77040
Attention: Director of Public/Government
Affai r.s
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Section 35. , TRANS.FER OF OWNERSHIP, OR CONTROL.
A. This franchise shall be a privilege, personal to Grantee,
and shall not be assigned or transferred, either in whole or part, or
leased, sublet~ or mortgaged. in any manner, :nor shall title:thereto,
either legal or equitable, or any right, interest or property therein,
pass to or vest in any pers,on without, the pri or written consent of the
City, whi ch consent shall not be unreasonably withheld, delayed or
denied, except for a change in,the state of incorporation of the,
Grantee. The proposed assignee shall show its qualifications and its
financi'al responsibility as determined by the City and shall agree to
comply with all provisions,lof the franchise.
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B. The Grantee shallpromptl,y notify the City of any actual
or proposed change in, or transfer of, or disposition of, or
acquisition by any other party,of,.control in the Grantee. The word
"control" as'used herein is not limited to major stockholders bt,At
includes actual working control in whatever manner exercised. Every
change, transfer, or acquisition of control of the Grantee shall make
the franchise subject to cancellation unless and unttl the City shall
have consented thereto, which consent shall not be unreasonably.
withheld, delayed or denied. For the purpose of determining whether it
shall consent to such change~ transfer, disposition, or acquisition of
control. the City may inquire into the qualjfication of the prospective
controlling party, and the Grantee shalLassist the City in any such
inquiry.
C. The consent or approval ,of the City to any transfer of
the Grantee shall not constitute a waiver or release of the rights of
the City in and to the streets, and any transfer shall by its terms, be
expressly subordinate to the terms and conditions of this contract.
D. In the absence of extraordinary circumstances, the City
shall not approve any transfer or assignment of the franchise prior to
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Ordinance Number 1342
063
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substantial completion of construction'or proposed system~ iexcept when
the transfer or assignment does not change control or ownership and
benefits the CATV system and the subscribers.
E. In no event shall a transfer of ownership or control be
approved without successor in interest becoming a signatory to this
service contract. '
Section 36. FAILURE OF CITY TO ENFORCE THIS FRANCHISE,
. NO WAIVER OF THE TERMS THEREOF.
The Grantee shall not be excused from complying with any of
the terms and conditions of this franchise by any failure of the City
upon anyone or more occasions to insist upon or to seek compliance
with any such terms or conditions.
Section 37. VALUATION.
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In the event the Grantee forfeits or City terminates this
franchise pursuant to the provisions of this ordinance, or at the
normal expiration of the franchise term, City shall have the right to
purchase the CATV system. If City should elect to exercise its
rights under this Section 36, payment of a fair valuation, which shall
be the then current fair market value",shall be required. Should the
parties fail to agree upon the !th~n current fair market vaJue, the same
shall be determi ned in anappropri ateproceedi ng fi led in ,any court
having jurisdiction.
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Section 38. GRANTEETOHAVE;NO RECOURSE.
A. Requirements 'and Enforcement. , Except as expressly
provided herein~ Grantee shall have no recourse whatsoever against City
for any loss, cost, expense or damage rising out of the provisions or
requirements of this franchise or because .of the enforcement thereof by
City or because of the lack of City's authority to grant all or any
part of this franchise.
B. Grantee's Understanding. , Grantee expressly acknowl~dges
that in accepting this franchise, it relied solely upon its own
investigation and understanding of the power and authority of City to
grant this franchise and that Grantee was not induced to accept this
franchise by an understanding, promiSe or. other statement, verbal or
written, by or on behalf of City or by any third person concerning any
term or condition not expressed he.rein.
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C. Construction of Franchise. By acceptance of this
franchise~ Grantee acknowledges that it has carefully read the
provi s ions hereof and is wi llTng .to and, does now accept all of the
risks of the meanings of such provisions and agrees that in the event
of any ambiguity herein or:in the event of any other dispute over the
meaning thereof, the same s'hall be cons,trued strictly against Grantee
and in favor of City.
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Ordinance Number 1342
064
Section 39. ACCEPTANCE OF ,FRANCHISE.
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Within thirty (30.) days ,after the final passage of this
franchise. Grantee shall file with the City Secretary a written
statement in the following form signed 'in its name and behalf:
liTo the Honorable Mayor and City Council of the City of West
University Place. Texas:
For .itself~ its successors' and assigns. WARNER CABLE, a
Delaware corporation. hereby accepts the attached ordinance and agrees
to be bound by all of its terms. condi ti ons. and provi s ions. 1\
,WARNER CABLE
By:
Its
IIDated this the ~ day of '
Section 40. SEVERABILITY.
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If any provision. section. subsection, sentence, clau,se or
phrase of this franchise i sfor any -reason 'held to be inva 1 i d or
unconstitutional. such invalidity,or unconstitutionality shall not ,]
affect the validity of the remaining portions of this franchise~ It is
the intent of City in adopting this franchise that no portion or
provi s i on thereof shall' become inoperative or fail by reason of any
invalidity or unconstitutionality of any other portion or provision.
and to this end all provisfons of this franchise are declared to be
severable.
Section 41.' SUPERCEDER GLAUSE.
This franchise supercedes all former franchise agreements
or ordinances with Grantee. or its predecessors; however. all rights of
the City and all duties of Grantee that accrue under any former
franchise agreements or ordinances prior to the effective date of this
franchise ordinance remain in effect.
Section 42., PUBLICATION.
The City Secretary is hereby directed to publish, at
Grantee's expense. the full text of this ordinance as required by
Section 9.03 of the City's Charter. ; ,
Section 43., PASSAGE AND EFFECTIVE DATE.
This franchise; having been published as required by the City
Charter shall take effect and be in force from and after thirty (30)
days following its final passage and approval.
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Ordinance Number 1342
06fj
PASSED AND APPROVED ON FIRST READING this the 10th day of
April , 19 89 .
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Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Bryan, Britton,
Schwartzel
None
Councilmember Bell
PASSED AND APPROVED ON SECOND READING this the
April , 19 89 .
24th day of
Voting Aye: " Mayor Parks, Councilmembers Bryan, Bell, Britton,
Schwartzel
Voting No: None
Absent: None
PASSED AND APPROVED ON THIRD AND FINAL READING this the 22nd
day of May , 19 89 .
Voting Aye:
Voting No:
Absent:
Attest:
Mayor Hi gl ey, Councflmember~ Bell, Jenki ns,
Redeker, Watson
None
None
Signed:
Laura C. Higley, Mayor
City of West University Place
Approved as to form:
Audrey Nichols
City Secretary
James L. Dougherty, Jr.
City Attorney
( SEAL)
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EXHIBIT A
Plan for Replacement of CATV System
The tIme table as dellned on the PERT chart at tached hereto assumes the
franchIse agreement is executed as of the 10th of Aprll. A relative tllll8 fraae
will apply and the schedule adjusted in the event an ,agreement Is not fInalized
by that date.
Physical constructIon will commence witbin five months of exepution of the
franchIse once the system desIgn Is finalized and rebuIld materIals have been
procured. The rebuUd wIll encompass. placing new. cable and equipment in an
overbuIld fashion in order to maIntain continued'servIce to all subscribers
during the rebuild process. The new system will receive its signal lor
distrIbutIon from the cable system servicIng areas dIrectly adjacent to the City.
The rebulld will occnr In live overlapping stages whic.h includes cable
placement. equipment '-splIcing. system activation. proof of performance and
subscriber conversion. Construction of the new system will sweep through the
City based on the layout of the system design~ CIty officials and the public
will be informed of work locations periodically throughout the placing and
splIcing stages.
New support strand and cable will be placed along easements having
existing trunk lines and/or easements where new trunk lines are required by
desIgn. All other easements will have the new cable overlashed to the existing
support strand. The system will be constructed accordIng to the design
specifications included herein and construction will conform to all FCC. NEC,
NESC. OSHA. manufacturer and Warner Cable specifications.
Prior to subscriber connection. the new system will be required to pass a
proof ot performance in all areas ,as requIred by the FCC. Once the system is
proofed. an audit will be performed and all authorized subscribers will be
converted to the new system. The ori~inal system will then be deactivated,
equipment removed and cable spans replaced by new support strand will be
taken down. All equipment and cable removed from the old system will be
hauled oU by Warner tor salvage ,or dl,sposal.
Page 1
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067
EXHIBIT A
The following are~~y'~,etm."","df~~Jgn and
employed for the construct-l<oo' of' the prop.osed
equ i pme n,t., spec if Ip,a t1 ons
systea. ~-~ p ~~~~.::~~~.>:t{~J.I~:t~
to
be
Design
o
o
o
SpecIficat Ions:
IlDIIledlate bandpass of 0 to 450 Wz
Two way capability
Des ign slope:
Trunk
Distribution
Minimum Tap 'Output
Carrier to Noise
Hum Modulation
Second Order
Composite Triple Beat
o
o
o
o
o
o dBmV
6 dBmY
10 dB..V
L 43 dB
i .5 %
L 66
t 48 (trunk & distribution)
Construction Specifications:
o Warner Cable Construction Specifications Manual herein
Equipment:
Cable :
o
o
o
o
Manufacturer - Times Fiber Communications
Trunk - Jacketed .150 (3/4") 15 ohm coaxial
Distribution - Jacketed .500 (1/2") 75 ohm coaxial
Return Loss - i -30 dB
Active
o
o
o
o
o
Devices:
Manufacturer - General Instruments Jerrold Division
Starllne SJS and JLC series
Bandpass - 0 to 450 MHz
Powering - 60 YAC line powered
Two way capability
Pass ive
c-
o
o
Devices:
Manulacturer - General Instruments Jerrold Division
SSP series line splitters and FFT series taps
Bandpass - 0 to 600 MHz
Connectors:
o Manufacturer - Production Products Corp.
o Features:
- Integral radiation sleeve
- Moisture proof gaskets
- i-3D dB return loss
Pole Line Equipment:
o Various manufacturers with product
Industry and government standards.
complying to
all
Converters:
o Basic Servlco - Connoctlon to cabla rOld~ TV lot or UIO of
a Jerrold JRX or JSX converter.
o Standard Service - Pioneer BA-5130 addressable converter.
Page,2
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[![[J:[l:lj ,; I:_.[]~~ - ~ -~ ~=,
Exhibit A
:;/"
068
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t.xh lU 11: A
I b~ .comp"lf1,led by Syslem
u
WAL', lR CABLE COMMUNICArlONS .,4c,
CAPITAL EXPENDITURE REQUEST
BILL OF MATERIALS
- -- - -
(80M)
069
> S ~,~. ~:iL ;', .
'" ',"1'; ';t-
RESlDElmAL PLlllrr EXTElISION ELECTROIIICS COST PER HILE
-----------------------------------------------------
)LEASE TYPE
PAGE
, OF -3_
SYSTEM NAME
HOUSTOtl, TEXAS
West University Place
[[[l]]]JJJ
, COlISTRUCTIOll OPERATIOIIS
Corpbrato Project Control No,
PREPARED BY
1
MODEL UNIT OF 1 "
QUANTITY NO, OESCnlprlOI-l .. ME^5Une III UNIT PAICE $ I2ItOfAL $
15.00 SST-48-1SMM Tubing,lIeat Shrnk l.Sx18"(SOO Conn) ea.
., nn c;ST-4A-?OHK Tllhlno/Il~;Jt Shdnk 2"x48"C750 Conn) ea,
30.00 06 Ylre,Bare Coppr(soCtdrawn) 3151ro11 Ct.
n.SA 'l'RA-30H Amollfler. Trunk, Return (J.) ea.
0.51 SJBIH.OO Module, Trunk Bridger, 400mlZ (J.) ea.
0,26 SJIIS-400 Module, IISC/IIGC, Trunk. Amp (J) ea.
0.32 .SJHM-400 Module, Manual Gain Control (J) ea.
0.10 fM-I0 Feedermaker,l Output (J) ea.
0.22 fM-20 Feedermaker, 2 Output (J) ea.
0.29 Ri-30 Feedermaker, 3 Output (J) ea.
I 0.15 FH4.0 Feedermaker, 4 Output (J) ea.
I
I 0.22 SEP-405 Equalizer, 400MltZ Vae. Frvd (J) ea.
I
0.26 SEP-405-H Equalizer,52-400KHZ Var. Fewrd (J) ea.
0.03 SEP-40S-ST Equalizer, 52-100 Var. Fewrd (J) ea.
1.37 JXP-3 Pad, Atteauator 3db (fiLE) (J) ea. -
0.30 JXP6 Pad, Attenuator (fiLE) (J) ea.
a.20 JKI?9 Pad, Attenuatar {l/L~) Ydb ~Jl ea.
0~05 JXP-12 Pad, Attenuator (C/LE) 12db (J) ea.
U.13 ~XJ.l-J l'aa, Atte~uator (ill!l11p) ..laD (..I) ~d.
. 0.02 SXP-6 Pad, Attenuator (ClAmp) 6db (J) ea.
U.U..l :'Ak'-~ load, lHLellUaWl: (!ilulI~) 9dL (J) ca.
0.03 SXP-12 Pad, Attenuator (f/Amp) 12db (J) ea.
a.33 3111 J3H 66 IL:."" :....k' ~/po~e~ p6C, 7 Pod. 111_ J e3
0.58 XR2-LAPS2 TlIET TlIETA-COH BGe POWER SPLY XR2-LAPS2 ea.
a . l::l F:J 69 Power C~~S ~lftgle Ol"l
2.46 AO-6 Protector, Surge 60 v1t (Clamp) (J) ea.
1n <:13-5 BrQakor-. ('I r<;"lIlt (I n (1) Pet
0.58 SCD-2YDS Chassis, 2-~ar Bridger (J) ea.
n 5e C:I'P-1nc: C:ult,.h , ",sturn fO'"IISPl'1pr n~rnr:t (.I) ea,
0.51 SJSA-145 Surge Arrestor Y/Hldr (CjpWT pc)(J) ea.
, , C; 'I'F-101l Fi ltPT SlIh~ Ii t en ea.
0.58 XR2-lAF2 nlPu' BGC FLTR, XR2-LAF2 nlPUT TlIETA COM ea.
n CiA XR7-r.~f'1S 0l1TP ,'I' I\fiC Fr.TR. XR2-f.l\f3S OIlTPIIT T1IETIICOI1 ea.
I
I 0,58 DC-16 Directional Coupler (e-Cor) ea.
I
, 0.58 H2L-HSE TIlETA\. '1 ooe liSE, H2L-HOUSllIG 4-PORT HSE ea.
1.43 JL& 6-4.00-2W Statn, JLE64Q02W Line Xtndr. Cmp (J) . ea.
2,30 JLE-7-400-2W Station Line'Extender 34 db (J) ea.
3.73 CTF-llA Equalizer, Thrml 11 db (C/L,E.)(J) ea.
2.13 SEE 400-6 Equlzr, 40-400 ffilZ 6 db (CjL.E.)(J) .
ea. :
ITEM
NO,
3
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Exhibit A
ba ".:binpl~led'by Syslem
WARNL-I~ CABLE COMMUNICArlO(\lS INC.
'CAPITAL EXPENDITURE REQUEST
BILL OF MAfEntAL3
(80M)
070
RESIDElrrIAL PLANT EXTENSION ELECTROIlICS COST PER HILE
-----------------------------------------------------
LEASE TYPE
PAGE _2_ OF -L.
SYST
EM NAME HOUSTON, TEXAS West University Place DJTIDID
CONSTRUCTION OPERATIONS Corporals Project Coolrol No.
ARED BY
MODEL . UNIT OF -~ I
UANTlTY NO. DESCRIPflON .' MEA5UIlE 'II UNI r PnlCE $ I2ITOTAL $
'.
0.77 SEE 400-12 Equlzr,40-400 ffilZ 12 db (fjL.E.)(J) ea.
o n7 C:F'F' 4on-1A F'qJla 1 i "Pr' f If. F- 18 i1b (Jl ea.
0.07 SEE 400-24 Equalizer, f/L.E. 24 db (J) ea.
1 41 1I0-J6 Protector, Surae JO or 60V Jt.E ea.
2.00 CBJ-S Breaker, Circuit 5 r.mp JLE ea.
0.13 SPJ-JF Power Combiner 5-450 ffilZ (J) ea.
1.50 STC-3D Splitter, 3db 400 llitZ(J) ea.
0.77 StC-8-0 Splitter, 8db 400 mlz (J) ea.
0.20 5TC-120 Splitter, l2db 400 mlz (J) ea. ,'-1
1.00 SSP-7 Coupler, Directional (J) ea. i
0.40 ffT2-D-4T Tap, 2 port, Term 4 db (J) I
ea. I
0,87 FFT2-D-7 Tap, 2 port, 7 db (J) ea. ~
,
1.60 FFT2-0-l0 Tap, 2 port 10 db ea.
2.27 FfT2-D-14 Tap, 2 po~, 14 db (J) ea.
2.13 FFT2-0-l7 Tap, 2 poct, 17 db (J) ea. -
2.27 FFT2-D-20 Tap, 2 port, 20 db (J) ea.
1.93 FFT2-0- 23 Tap, 2 port, 23 db (J) ea.
1.87 FfT2-0-26 Tap, 2 port, 26 db ea. ,
2.10 kTr2-D- 29 'rap, ]. poct, i.':J db ea.
, 1.15 FfT'1-0-7T Tap, 4 Port, Term 7db (J) ea.
i..JU kt'N-U-LU lap, ~ POCl, lV db ~J) t::c.I.
3.60 FfT4-0-14 Tap, 4 port, 14 db (J) ea.
:1.00 H!4-0 11 Iuv, '1 yv~L, 17 JL (J) ea,
4.09 FfT4-D-20 Tap, <\ poet, 20 db (J) ea.
J.64 f/:'T 1 B 2.J Tup, 1 pod., 2.J db (J) 0:1
3.61 FfT4-D-26 Tap, 4 port, 26 db (J) ea.
2.48 FCT1 9 29 ,-4!all, <l jXlrt, 21J.....db (J) P:'
0.17 STC3-636-7 'Splitter, 3 Way (J) ea.
11,50 &C2-SH ~p,Outdoor, ? pt, 1'" ~h e1\
83,00 GRS-SOO-BS-DU- 3 Connector, Feeder (G) ea.
" ~2 r.1!<;-snn-ill-nll- 1. C'nnnp..tn.. . r,R~-,\(l(l P1n r.lu\~~i~ (G) ea.
6.42 GRS-750 CIl-DU- I Connector, GRS-750 Pin Chassis (G) ea. --
I: nn c;p-lln-R'I' -Adapt"'.. Angle qO i1l!Q (G) ea.
3.70 GTR-M Port Terminator ea.
4.00 Ell-90-3 UniversaL Entt''f 90 deQrees-3" (G) eCl.
0.86 GRS-500-SP-DU- 3 Connectoc, Splice (Gll) ea.
1.00 Ii-SPB Connector~ Unlv. Soliee, KS f~l Pl ea.
7.50 G-KS-KS-H-T Adpt. ,Hsg. to Hale Splice wj2.5 pin ea. -
2.00 GP-PJ\-T Adopter, 180 Dcg. (2,5 pln) (0) :
ea.
'.
PREP
irEM
INO, 0
, 40
t~
I
I...-A. ~
I 44
I
1---1.5
46
--1.7
48
I 49
SO
51
5-
Exh ibit' A
.- ....
Ilu ,;:'o!nplel~d by System
n
WARI\._A CABLE COMMUNICArlONSII'-lC.
CAPITAL EXPENDITURE REQUEST
.......-..----.. . ".--.'
BILL OF MATEnlALS
- -- - -
_c\~; , , (80M)
.~~:J'.;'~'" .
071
.:{ ~.'.~~j:~1:~:~~.tf 1~}I~f~~'...4~
RESIDElmAL PUlIT EirrElISIOlI ELECTROIIlCS COST PER KILE
_EASE TYPE
PAGE 3 . OF -1 _
SYSTEM NAME 1I0USTON, TEXAS West University Place lJJJIDJJJ
CONSTRUCTION OPERATIONS Corporate Proiect Control No.
PREPARED BY
-
rEM MODEL UNIT OF , I
NO. QUANTITY NO. DESCR1PflON MEASUnE 1'1 UNIT PRICE S 12110fAL S'
-
79 130.00 TR7SSS Terminator, Locking Security (PPC) ea.
,
-
SUR - 'rorAL
- PLUS 10\ TAX Ii FREIGIIT
RESIDElITlAL PLAlrr EXTEllSIOlr ELECTROnICS COST PE JULE GRAND .
- ..
-.
- I
I
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-
-
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- ,
,
-
-
-
-
-
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AFFIDAVJ:-. t')F PUBLICATION
727654'5
ST.ATE, OF TEXAS:
COUNTY OF HARRIS:
072
I
~
Before me, the unders~gned authority, a
Notary Public in and for the County of Harris, and the
State of T~as, on this day personally appeared:
_.
LEE BENTON
, who after being dUly sworn, says
that she is the SUPER~SOR - CLASSIFIED ACCTS. RECEIVABLE
of THE HOUSTON CHRONICLE, a daily newspaper published in
said County and State, and that the publication, of which,
the annexed is a ,true copy, was published to-wit:
April 20, 1989 in class 1745 for 1 day
\-.-.J
,~
LEE BENTON
SUPERVISOR-CLASSIFIED ACCTS. REC.
Sworn and subscribed to before me, this the
April, 1989
26th
day of
~Q f1L
Notary Public in and for the
County of Harris, State of Texas
r6;::;;~~;;;~;;]
"1 ,w, /:'5~' M'( CO,,',\IS310N E:<?',';;S :,1
:) '.'>,...,......, 71 ,. , .~
b \;~~~:<:.i;:.\~,';/ MAtlCH 3, 1992 ~
u..:r.r...o""...cr~~"""'J"'J"'~~'.:r.r./.;.'.:o~~
'----..J
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