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HomeMy WebLinkAboutORD 1059 - ORD Granting Gilf Coast Cable Television n ~ o o ~.."n;:t:' :;c.~~"~ ~,---.-~-:.;... ORDINANCE NO. 1059 AN ORDINANCE GRANTING TO GULF COAST CABLE TELEVISION, iTS SUCCESSORS AND 'ASSIGNS, THE RIGHT, ~RtVILEGE AND FRANCHISE TO CONDUCT WITHIN THE CITY ~ CABLE COMMUNI- CATION SYSTEM BUSINESS AND TO ERECT, CONSTRUCT, MAIN- TAIN, OPERATE, USE, EXTEND, REMOVE, REPLACE AND REPAIR IN, UNDER, UPON, OVER, ACROSS AND ALONG ~NY AND ALL OF THE PRESENT AND FUTURE PUBLIC ROADS, HIGHWAYS, STREETS, LANES AND ALLEYS OF THE CITY AND OVER AND ACROSS ANY STREAM OR STREAMS, BRIDGE OR BRIDGES, NOW OR HEREAFTER OWNED OR CONTROL LEO BY,IT A SYSTEM OF POLES, POLE LINES, TOWERS; ANCHORS, WIRES, CABLES, GUYS, CONDUITS, MANHOLES AND OTHER DESIRABLE INSTRUMENTALITIES AND APPURTENANCES NECESSARY OR PROPER FOR THE OPERATION OF A CABLE COM~ MUNICATION SYSTEM FOR A:PERIOD OF FIFTEEN (15) YEARS'WITH A RENEWAL PERIOD OF FIFTEEN (15) YEARS; REGU~ATING THE USE OF STREETS BY GRANTEE; PROVIDING A SCHEDULE FOR THE CONSTRUCTION OF GRANTEE'S SYSTEM; PROVIDING FOR'COMPENSA- TION TO BE PAID TO THE CITY; PROVIDING THAT THIS FRANCHISE SHALL NOT BE EXCLUSIVE; PROVIDING THE GRANTEE'S OBLIGA- TIONS TO FURNISH REPAIR AND MAINTENANCE SERVICE AND TO MAINTAIN A LOCAL BUSINESS OFFIC~;PROVIDING FOR THE OPERA- TION OF GRANTEE'S SYSTEM PURSUANT TO APPLICABLE RULES AND REGULATIONS OF THE FEDERAL COMMUNICATIONS COMMISSION; MAKING MISCELLANEOUS PROVISIONS RELATIVE,TO THIS GRANT OF FRANCHISE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR ACCEPTANCE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. Grant of Authorit!, The City of West University Place, Texas (herein referred to as the "City", having conducted public hearings hereon and having examined'and approved the legal, character, financial, technical and other qOalifications of Gulf Coast Cable Television (herein referred to as "Grantee") and the adequacy and feasibility of Grantee's proposed system construction arrange- ments, hereby grants to Grantee, its successors and assigns, the right, privilege and franchise to conduct within the boundaries of the City, as such boundaries now exist or may hereafter be extended, a general cable communication system business, including, but not limited to, a television signal receiving, amplifying and dis- tribution system and service (cable television service), closed circuit, two-way audio and video signal servtce and FM radio signal service, and to erect, construct, maintain, operate, use, extend, remove, replace and repair, in, under, upon, over, across and along any and all of the present and future public roads, highways, streets, 1 anes and alleys owned or contro 11 ed by the Ci tyc, and over and across any stream or streams, bridge or bridges, now or hereafter owned or controlled by City, a system of poles, pole lines, towers, anchors, wires, cables, guys, conduits, man- holes and other desirable instrument~lities and appurtenances necessary or proper for the operation of a cable communication system for selling such services to the City and the inhabitants thereof or any other person or persons, firms or corporations. I" ..J _ _ ~__~LI ...... .. ~d.I .., ,....'iI",.r" t6~ Section 2. Term of Franchise. Upon the filing with the City by Grantee of the acceptance required hereunder, this franchise shall be in full force and effect for a term and period of fifteen (15) years from and after the effective date of this ordinance. Grantee shall have the ~ight to renew this franchise for an additional period of fifteen (15) years by giving notice in writing to the City at least 120 days in advance of the expiration of the initial fifteen (15) year period; provided, however, that prior to the award of a renewal of this franchise, the City shall first hold public hearings thereon at which all interested parties :are afforded due process and at which the performance and qualifications of Grantee are evaluated. Section 3. Use, Rental or Lease of Utility Poles and Facilities. There is hereby'granted to 'Grantee the authority to contract with the City or with the holder of any public 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 Grantee's wires, cables, electronic conductors and other facilities and appurtenances necessary or desirable in conjunction with the operation of a cable communication system in the City. Any public utility having such poles or underground conduits may, without amending its franchise, allow the Grantee to make such use thereof pur- suant to any agreement reached between such public utility and Grantee. 1\ i I ~ I ~-cJ Secti'on 4. Compliance with Aoolicable Laws. The construction, main- tenance and operation of Grantee's cable communicaUon system shall be subject to and governed'by all present and future laws, rules and regulations of the City, the State of Texas and any federal agencies with jurisdiction. ,r---., Section 5. Conditions of Street Occupancy. ~ \ mai~tai~~~'byA~~a~~~~c~~~~~~ ~~~e~it~a~~:~i ~~u~~m~~~a~~~ ::c~~t~:~s~r~~~~~u~r ~ interference with the proper 'and intended use of the present and future public roads, highways, streets, lanes, alleys, bridges or other public ways or places of the City. B.' Restoration. ,In the event of any disturbance of any pavement, sidewalk, driveway or other surfacing,'Grantee shall ,at its cost and expense, replace and restore all such pavement, sidewalk, driveway or other surface to as good a condition as before the commencement of the work or activity by Grantee dis- turbing the same. C. Relocation. Whenever by'reason'of the construction, repair, maintenance, relocation, widening, raising or lowering of the grade of any public road, high- way, street, 1 ane, a 11 ey, bri dge or other' pub 1 i c way or place by the Ci ty, it shall be deemed necessary by the City for Grantee to move, relocate, change, alter or modify any of its facilities, such change, relocation, alteration or -modification, shall be promptly made by Grantee, after receiving reasonable ad- vance written notice from the City, without claim for reimbursement of costs or damages against the City. D. Temoorarv Removal of Cable for Buildina Movina. Grantee, upon the'written request of any person holding a building moving.permit issued by the City, shall remove, raise or lower its cables temporarily to permit the moving of houses, r i U Oil , ( , ) o o 1:&:1 buildings or other bulky structures~ The 'reasonable expense of such temporary removal. raising or lowering shall be'paid by the'benefited party or parties and Grantee'may require suthpayment in advance, 'befng without obligation to remove, raise or lower its>cables until such payrtJent",shallhave been made. Grantee shall be give not less than forty-eight (48) hours' advance written notice to arrange for such temporary cable adjustments. E. Tree Trimmi nq . Grantee shall have the 'authority, to the same extent that the City has such authority, to trim trees upon or overhanging public roads. highways, streets, lanes, alleys, bridges or other public ways or places of the City in order to prevent the branches of such trees from coming into contact with the wires, cables, electroriiC'conductors or other facilities or equipment of the Grantee. ", , Section 6. Indemnification and Insurance. Grantee shall indemnify and save the City whole and harmless" from any and all claims for injury or damage to persons or property occasioned by'orarising out'of. the construction. erection, maintenance, repair. or operation of said community cable television system or by the conduct of Grantee's business> in the City: ' Grantee shall' procure, furnish, and file with the City Secretary: (a) a pol icy of insurance coveri ng liabi 1 i ty and property damage with the mi nimum ' amounts of liability thereunder as follows: Two Hundred Thousand Dollars ($200,000.00) for anyone single personal injury of anyone person; Five Hundred Thousand Dollars ($50Q,000.OO) for petsonal'injury in"any one single incident; and Two Hundred Thousand Dollars ($200,000.00) property damage for anyone single incident; (b) a pol icy of Workmen ts Compensation Insurance covering all its em- ployees.in the City; and (c) certificates of insurance evidencing such,coverages. ~. , " Section 7. ' Pa-vrnentto Cit;y. In consideration for ~he rights and privi- leges herein granted. Grantee shall pay to the City foreacb year during the term of this franchise an annual sum of money equal to three per cent (~%) of the annual gross' subscri ber recei pts receiVed,' by the Grantee for the rendi ti on of its servi ces within the City. Payment shall be made on or before the first day of each March for the preceding ~alendar year. For fractional calendar years said three per cent (3%) shall be based upon the gross subscriber receipts for that part of the year involved. Said payments .shall be in lieu of any' license charge or fee, street or alley rental, or other character of charge or levy by the City for the use or occupancy of the public roads, highways, streets, lanes, alleys or other public places in the City and in lieu of any pole taxor inspection fee tax. Section 8. Records and Reports. Grantee shall at all times' maintain adequate records of gross subscriber revenues received by Grantee from its operations within the City, and the City shall have access to such records at all reasonable times. On or before the first day of March of each 'year, Grantee shall file with the Mayor of the Ci ty an annua 1 report shbw'i ng the gross subscri ber revenues re- ceived by Grantee for the preceding calendar year and such other information as the City shall reasonably request with respect to the properties and expenses re- lated to Grantee's business hereunder. I~~ "l(~J' 19:11 Section 9. Construction ofSvstem. Grantee shall within sixty (60) days of the date of its' acceptance of this franchise make the necessary filings :'-l with the Federal Communications Commission to obtain the requiredCertifi'cate of Compliance for the operation ofacable television system as prescribed in i i Section 76.11 of theCommission's'Rules'and Regulations, and shall within one ~ (1) year of receipt of such Certificate of Compliance accomplish the construction of at least twenty percent (20%) of its proposed initial system and shall each year thereafter construct and extend service service through at least twenty percent (20%) of its proposed initial system; provided, however, Grantee shall be permitted to adjust such construction schedule or depart from it to the extent necessary in the,event forces beyond its control require such adjustment. Section 10. Rates. All rates to be charged by Grantee to its sub- scribers in the City shall be subject to reasonable regulation by ordinance of the City. ' Section 11. Standards of Service. A. Grantee shall provide cable television serVlce to the extent required by the rules and regulations of the Federal Communications Commission now or here- after in effect, and any modifications of the provisions of Section 76.31 of the Rules and regulations of the Federal Communications Commission shall be incor- porated in this franchise 'by amendment within one year of the adoption of the modiflcation or at the time of the renewal of this franchise, whichever occurs first.' . B. In order to provide adequate Civil Defense and Disaster Service information, and to prevent the distribution of defamatory, 'obscene;and other programs on non-broadcast channels which, for any 'reason, may be actionable, Grantee agrees to install a system'with the capability, e'quipment, facilities, and personnel necessary to tmmediately interrupt signals being distributed as requested by Civil Defense and Disaster authorities on channels designated by such authorities; and Grantee'further agrees to: ' a. Distribute television signals providing' educational programming. b. Transmit audio and video signals ona minimum of nine (9) channels, one of which shall ca'rry local service, including weather information, time. and public service between the hours of seven o'clock (7:00) A.M. and twelve o'clock (12:00) midnight.' The City shall haVe free use of one (1) channel, providing its Own terminal equipment. ' c. The facilities used by the Grantee shall be capable of distributing color TV signals. n I I LJ , d. Produce a picture, whether in black and white or in color, that is undi storted, free from ghost~: images, and accompani ed wi th proper sound on typical standard production television sets in good repair, and as good as the state of the art allows. e. Transmit signals of adequate strength to produce good pictures with good sound at all outlets without causing cross-modulation in the cables or interfering with other electrical or electronic systems. --, I, I 10 n '---' n u o tip .... . - ,,~ f.Limit failures to a minimum by locating and correcting mal- functions promptly, but in no event longer than twenty-four (24) hours after notice; provided, however, that in the event of a hurricane or other natural disaster, or any other form of destruction, i.e., such as bombing, fire or sabotage~' service wi 11 be; restored as soon as possible: g. The Grantee shall at all times employ ordinary care and shall in- stall and maintain in use commonly accepted methods and devices for prevent- ing failures and acci'dents which are likely to cause damage, injuries, or nuisances to the public. h. All structures and all. lines, equipment, ,and connections in, over, under, and upon the streets, sidewalks, alleys and public ways or places of the City, wherever situated or located, shall at all times be kept and main- tained in a safe, suitable,-substantial condition, and in good order and repair. i. ' In all sections of the City where the'cables, wires, or other like facilities of public utilities are placed underground, the Grantee shall place its cables, wires or other like~facilities underground to the maximum extent that existing technology reasonably permits the' Grantee to do so. j. The Grantee shall .not, as to rates~ tharges,service, service' facilities, rules, regulations, or in any other respect, make orgrarit any undue preference or advantage: to any person" not subject any person to prejudice or advantage. k. Upon termination of service to ,any subscriber, the Grantee shall promptly remove all its facilities and equipment from the premises of such subscriber upon his request. 1. The Grantee shall not transfer the franchise granted by this Ordinance to another person, firm, or corporation, without prior approval of the City by ordinance. m. Prior,approval of, the,City Commission shall' be required where owner- ship or control of' more than fifty-one percent (51%) of the right of control of Grantee is acquired by a', person or group of persons acting in concert, none of whom already own or control fifty-one percent (51%) or more of such right of control, singularly or collectively. By its acceptance of the franchise granted hereby, the Grantee specifically grants and agrees that any such acquisition occurring without prior approval of the City Commission shall constitute a violation of the franchise by-the Grantee. - n. Copies of all petitions, applications and communications submitted by the Grantee to the Federal Communications Commission, Securities and Exchange Commission, or any other federal or state regulatory commission or agency having jurisdiction in respect to any matters affecting the cable/television operations authori zed pursuant to the franchi se granted hereby shalla 1 so be submi tted simultaneously to the City. o. The CitY shall'have the right to inspect the books; records, maps, plans, records of gross receipts,'and othet like'materials of the Grantee at any time during normal business hours. \<"' i!'f.tJ~ \; ;.' , ,;' p. No construction programs shall be initiated by Grantee without the advance approval by the City, which shall also ha:ve the right to supervise all construction or installation work performed subject to the provisions of this franchise and make such inspections as it shall find necessary to insure compliance with the terms of this franchise arid other pertinent provisions of law. q. At the expiration of the term for which this franchise is granted, or upon its termination 'and cancellation, as provided for herein, the City shall have the right to require the Grantee to remove, at its own expense, all portions of the cable television system from all public ways and places within the City. r. After the expiration of the term for which this franchise isugranted, or after its termination and cancellation, as provided for herein, the City shall have the right to determine whether the Grantee shall continue to operate and maintain the cable television system, pending the decision of the City as to the future maintenance and operation of such system. s. The Grantee shall file annually with the City Secretary, not later than sixty (60) days after the end of the Grantee's fiscal year, a copy of its report to its stockholder~(if it prepares such a report), an income statement applicable to its operations during the preceding twelve-month period, a balance sheet, and a statement of its properties devoted to cable television operations, by categories, giving its investment in such properties on the basis of original cost, less applicable depreciation. These reports shall be pre- pared or approved by a certified public accountant, and there shall be 'submitted along with them such other reasonable information'as the Citysha'l request with respect to the Grantee's properties and expenses related to its cable television operations within the City. t. The Grantee agrees to abide by all provisions of this franchise. u. No poles or other wire-holding structures shall be erected by the Grantee without prior approval of the City Manager with regard to location, height, type and any other pertinent aspect. However, ,no ,location,ofaoy pole or wireholding structure of the Grantee shall bea vested interest and such poles or structures shall 'be removed or modified by,the Grantee at its own expense whenever the City determines that the public interest or convenience would be enhanced thereby. v.Where poles or other wire-holding structures already existing for use in serving the City or its inhabitants are available for use by the Grantee, but it does not make arrangements for such use, the City may require the Grantee to use such poles and structures if it determines that the public interest or convenience would be enhanced thereby and the terms of the use available to the Grantee are reasonable. C. Grantee shall maintain an agent or local business office in or near the City and a toll-free business telephone for the receipt of complaints and re- quests for repairs or service. Grantee shall render efficient service and make repairs promptly. Upohreceipt ofa complaint of the quality of service, equip- ment and malfunctions, and similar matters, Grantee shall promptly investigate ,'~\ . I I I \...-J n I i i 1 LJ ---., I, I \---.J o o Q ;~~~ . ':- li: such complaints. Where possible Grantee shall investigate such complaints within twenty-four (24) hours of their receipt. Resolution of such service complaints shall be madepr~mptly. D. The-City Manager of the City is hereby designated as the, official who shall have primary respoflsibllity for the continuing'administration of this franchise and for receiving complaints from subscribers who are not satisfied with the manner in which Grantee resolves complaints. In the event that the City Manager receives any such complaints, the City Manager shall contact Grantee and assure that such complaints are resolved in'accordance with para- graph C of this Section II or in any other reasonable manner. E. Notice of the procedures for reporting and resolving complaints adopted above shall be given to each subscriber at the time of initial subscription to the cable television service. Section 12. Non-Exclusive Franchise. Nothing contained in this ordinance shall ever be construed as conferring upon Grantee any exclusive rights or privileges of any nature whatsoever. Section 13. Forfeiture of Franchise. The rights, privileges and franchise granted hereunder shall automatically terminate if: a.Grante,e has not ,begun installation of the system and the distribution of television signals as prescribed herein within one (1) year from the effective date hereof.' " , b. Grantee becomes i nso 1 vent, unabl e or unwi 11 i ng to pay its debts, or is adjudged a bankrupt. Such termination and cancellation shall be by ordinance, duly adopted after (15) days' notice to the Grantee and shaYl in no way affect any of the City1s rights under the franchise, or any provision of law. In the event that such termination and cancellation depends upon a finding of fact, such finding of fact as made by the City Commi,ssion shall be concl usive. Provided, however, that before the '. franch-i se, granted hereby may be termi na ted and cance 11 ed ,under this Section, the Grantee must ,be provided with an opportunity to be heard' before the City Commission: Section 14. Assiqnment of Franchise. The rights, privileges, and franchi se granted hereunder' sha 11 not be ass i gned to any person, fi rm or cor- poration, except upon the prior approval of the governing body of the City. No assignment to any person, firm, or corporation shall be effective until the assignee has filed with the City Secretary an instrument, duly executed, reciting the fact of such assignment, accepting the terms of this franchise, and agreeing'to perform all the conditions hereof. .: Section 15. Severabilitv. If any provision, section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to'be unconstitutional, void or invalid (or. for any reason unenforceable), the validity of the remaining portions of this ordinance shall not be affectei:LtheY'.eby; Jt being the intent of the City in adopting this ordinance that no portion thereof or provision or regulation contained herein shall become inoperative or fail by reason of any other portion, provision, or regulation, and to this end, all ,~~~ provisions of this ordinance are declared to be severable, Section 16. Acceptance. Grantee shall, within thirty (30) days from the effective date of this ordinance, file with the City Secretary a written statement signed in'its name and behalf in the following form, to-wit: liTo the City of West University Place:' Gulf Coast Cable Television for itself, its - successors and assigns, hereby accepts the above and foregoing ordinance and' agrees to be bound by all of its terms and provisions. GULF COAST CABLE TELEVISION By '... General Partner Dated this the J~ .d....day of ~. OJ " 19 7~." Section 17. This ordinance shall take effect and be in force immediately from and after its passage and approval as required by law. ~ ,. ::- ATTEST: Passed and approved this , 191~. l;t r-A..J day of APPROVED : Q~/bwdL~ ' ,,' Mayor of the City of West University Place ~. ~jJ/fLu;J ity Secre ary )SEAL) ..--.., i I ! i ~ n 1 ! \ : L.....-1 ,~ \ t u N ~ o ~ ii~tI ACCEPTANCE To the City of West University Place: Gulf Coast Cable Television for itself, its successors and assigns, hereby accepts the above and foregoing ordinance and agrees to be bound by a 11 of its terms and provi s ions. GULF COAST CABLE TELEVISION By General Partner Dated the I:<~ day of ~ , 19Lk.-. THE STATE OF TEXAS COUNTY OF HARRIS I, ~,X~ the duly appointed, qualified and acting City Secretary of the City of West University Place, Texas, hereby certify that the above and foregoing Acceptance was received and filed in the office of the City Secretary of the City of West University Place on the /,2.,;cL., day of ~....,._ , 19~. EXECUTED UNDER MY HAND AND THE OFFICIAL SEAL of the City of West University Pl ace, Texas. thi s /.;2..z.L., day of ~.J'/ j , 19U. ,~~~ Assistant City Secretary (SEAL)