HomeMy WebLinkAboutORD 2006-47 - Cebridge (SuddenLink)ORDINANCENO. .. ♦',.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS REVISING SEVERAL PROVISIONS IN CHAPTER
14.12 OF THE CITY CODE OF ORDINANCES RELATING TO THE CITY'S
CABLE TELEVISION FRANCHISE AS FOLLOWS: REVISING THE TITLE
OF CHAPTER 14.12; AMENDING SECTION 14.12.030 TO CHANGE THE
DEFINITION OF "COMPANY" TO CEBRIDGE ACQUISITION, L.P.;
AMENDING SECTION 14.12.270 "RECORDS, REPORTS AND
INVESTIGATIONS;" AMENDING SECTION 14.12.030(A) PERTAINING TO
THE DEFINITION OF "GROSS RECEIPTS;' ADDING NEW SECTION
14.12.261. "NO DETERIORATION IN SERVICE;" ADDING NEW SECTION
14.12.264 "EMERGENCY ALERT SYSTEM ;" ADDING NEW SECTION
14.12.262 "SERVICE TO MUNICIPAL AND SCHOOL BUILDINGS" AND
THE CORRESPONDING "EXHIBIT A" FOR THAT SECTION; ADDING
NEW SECTION 14.12.200(E) RELATING TO UNDERGROUNDING,
ADDING NEW SECTION 14.12.200(F) RELATING TO POLE ATTACHMENT
FEES; ADDING NEW SECTION 14.12.291 "REBUILD PROGRESS
UPDATES;" ADDING NEW SECTION 14.12.263 "ACCESS CHANNELS ;"
PROVIDING A SEVERABILITY CLAUSE; REQUIRING NEWSPAPER
PUBLICATION OF THE FULL TEXT OF THIS ORDINANCE IN
ACCORDANCE WITH SECTION 8.03 OF THE CITY CHARTER, WAIVING
TELEVISED NOTICE PURSUANT TO SECTION 14.12.130 OF THE CITY
CODE OF ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Cox Southwest Holdings, L.P. ( "Cox ") was the franchisee under a Cable
Franchise Agreement which was originally granted to Williamson County Cablevision
Company on January 12, 1988 by Ordinance No. 880012.23.03; the term of which was extended
to February 11, 2013 by Ordinance No. 98 -39; and which was which was subsequently
transferred to Cox Southwest Holdings, L.P. d/b /a Cox Communications (the "Franchise "), and
now codified in Chapter 14.12 of the City of Georgetown Code of Ordinances (the "City Code ");
and
WHEREAS, Cox notified the City that it proposed to assign the Franchise to Cebridge
Acquisition, L.P. ( "Cebridge ") on the closing date provided in the Asset Purchase Agreement
dated October 31, 2005 between Cox and Cebridge, and Cox and Cebridge have requested the
City's consent to the Assignment; and
WHEREAS, the City Council on April 11, 2006 agreed to consent to the assignment of
the cable television franchise from Cox to Cebridge subject to the terms and conditions of that
Ordinance No. AQo ( 47
Transfer of Cable TV Franchise to Cebridge
Page 1 of 10
Assignment Agreement ( "Agreement ") executed by Cox, Cebridge, and the City, a copy of
which is attached to Resolution No. 041106 -0; and
WHEREAS, the Agreement contemplates that certain changes to the City Code of
Ordinances pertaining to the cable television franchise be amended as herein set forth.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS THAT:
Section 0. The facts and recitations contained in the preamble of this ordinance are hereby
found and declared to be true and correct, and are incorporated by reference
herein and expressly made a part hereof, as if copied verbatim. The City Council
hereby finds that this ordinance implements Utilities & Energy Policy 14.0 of the
Century Plan — Policy Plan Element, which states: "Georgetown's utility systems
provide safe and reliable service which meets the needs of all citizens and
promotes the economic health of the community," and Utilities & Energy Policy
14.6 of the Century Plan — Policy Plan Element, which states: "Franchised
utilities provide adequate services for all citizens" and further finds that the
enactment of this ordinance is not inconsistent or in conflict with any other
Century Plan Policies, as required by Section 2.03 of the Administrative Chapter
of the Policy Plan.
Section 0. The Title of Chapter 14.12 of the City Code of Ordinances is hereby changed
from "TCA Cable TV of Central Texas, L.L.C." to "Cebridge Acquisition L.P.
Cable Television Franchise"
Section 0. The definition of the term "Company" in Section 14.12.030 (A) of the City Code
of Ordinances is hereby amended to read as follows:
"Company" means CEBRIDGE ACQUISITION, L.P., or its successors,
transferees, or assignees.
Section 0. Section 14.12.270 of the City Code of Ordinances is hereby amended to read as
follows:
"Section 14.12.270. RECORDS REPORTS AND INVESTIGATIONS
The Company shall keep complete and accurate books of accounts
and records of its business and operations under and in connection with
this chapter. All such books and records shall be consistent with
generally accepted accounting practices and shall be made available to
the City's officials, employees and agents at the Company's principal
office in Georgetown, Texas. All records relating to the Cable System's
operations in the City which the City is entitled to inspect under the
Ordinance No. C 00(3 ° 47
Transfer of Cable TV Franchise to Cebridge
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Franchise or other applicable law shall continue to be maintained and
subject to inspection in the Georgetown office if they were maintained
there as of April 1, 2006. Relevant financial records shall be made
available to the City at the Georgetown office upon reasonable request."
Section 5. Section 14.12.030(A) of the City Code of Ordinances pertaining to the definition
of "Gross Receipts," is hereby amended to read as follows:
"Gross Receipts" shall mean any and all revenue realized directly
or indirectly by the Company, its affiliates, subsidiaries, and parent, from
or on in direct connection with the operation of a Cable System in the
City pursuant to this chapter, including, and limited to, Basic Service fees
and Optional Service fees. Effective January 1, 2007, the term 'Gross
Receipts' shall also include franchise fees received by the Company.
'Gross Receipts' shall not include any of the items set forth in Section
622(g)(2) of the Act, and shall also exclude leased channel access fees,
converter sales, converter rentals, remote rentals, late charges, installation
charges and rebates received for carrying or providing programs to
subscribers being serviced pursuant to this Franchise, and advertising
revenue. Optional Services as used herein shall include optional services
currently offered to subscribers and those which may be offered in the
future."
Section 6. New Section 14.12.261 shall be added to the City Code of Ordinances and shall
read as follows:
"Sec. 14.12.261. NO DETERIORATION IN SERVICE.
For purposes of this Section 14.12.261, "Cox" shall mean Cox
Southwest Holdings, L.P., which was the Franchisee until mid -
2006, and "Cebridge" shall mean Cebridge Acquisition, L.P.,
which became Franchisee upon City's approval of assignment
from Cox.
Cebridge shall maintain at least the current level of customer
service provided by Cox in the City.
Cebridge shall comply with the customer service standards of the
Federal Communications Commission ( "FCC ") as set forth at 47
CFR Part 76 ( "FCC Rules "), including §§ 76.309, 76.1602, 76.1603,
76.1618 & 76.1619.
For three years after the assignment to it of the Franchise,
Cebridge will maintain sufficient staffing levels for the personnel
Ordinance No. 4 OO & ° 4 7
Transfer of Cable TV Franchise to Cebridge
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I
n the local office(s), technicians, field service personnel and
telephone customer service representatives serving the City and
its residents to maintain at least the level of service currently
provided by Cox.
Recognizing that Cebridge has no current plans to change existing
operations, Cebridge shall maintain the current local office(s) in
its /their present location(s) and the current hours of operation for
at least one year after the assignment to it of the Franchise, unless
otherwise agreed with the City in writing. Furthermore, for the
remainder of the term of the Franchise, Cebridge will maintain a
local office within twenty (20) miles of Georgetown City Hall.
Cebridge agrees that records relating to the System's operations
that were maintained locally as of January 1, 2006 will continue to
be kept locally.
The City may audit Cebridge (and any entity providing customer
service functions on behalf of the franchisee) to verify the accuracy
of the reports required under this Section 14.12.261. All records
reasonably necessary to conduct the audit shall be made available
in Georgetown. Cebridge will comply with all enforcement
provisions in the Franchise, including, without limitation, those
pertaining to audits in Section 14.12.060."
Section 7. New Section 14.12.264 shall be added to the City Code of Ordinances and shall
read as follows:
"SECTION 14.12.264. EMERGENCY ALERT SYSTEM.
Company shall provide, without charge to the City, a local
emergency alert system consisting of an all- channel alert system so as to
allow audio announcements and video text crawls by City on all
subscriber channels, except for such local broadcast channels as are
subject to non - override agreements. The audio announcements shall
automatically override (i.e., blank) all programming otherwise being
provided on such channels and the video text crawl shall be
superimposed on existing programming. City may use either the audio
announcement or the video text crawl, at its option. City's use of such
system shall be in accordance with the City code, ordinances, and policies
for same."
Ordinance No. 01bm �41
Transfer of Cable TV Franchise to Cebridge
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Section 8. New Section 14.12.262 and the corresponding "Exhibit A" shall be added to the
City Code of Ordinances and shall read as follows:
"SECTION 14.12.262. SERVICE TO MUNICIPAL AND SCHOOL
BUILDINGS.
For municipal buildings and school buildings that are receiving
free basic cable service as of April 1, 2006 (see Exhibit A), Company shall
continue to provide that service and in addition will provide free
expanded basic service as well. City and schools may each extend such
free service to up to 10 additional rooms /outlets in each of such buildings.
City and schools shall pay the cost of installing such extensions but shall
not be charged a monthly fee for such additional extensions of free
service."
"EXHIBIT A
City Hall.
113 E. 81h
Georgetown, Texas 78626
Police Dept.
809 MLK
Georgetown, Texas 78626
Park Administration
1101 N College
Georgetown, Texas 78626
Recreation Center
1101 N Austin Ave.
Georgetown, Texas 78626
Tennis Center
400 Serenada Drive
Georgetown, Texas 78628
Library
808 MLK
Georgetown, Texas 78626
Fire Station #1
103 W. 9th
Georgetown, Texas 78626
Ordinance No. At d v — 7
Transfer of Cable TV Franchise to Cebridge
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Fire Station #2
204 Central
Georgetown, Texas 78628
Fire Station #3
5 Texas Drive
Georgetown, Texas 78628
Fire Station #4
4200 Airport Road
Georgetown, Texas 78628"
Section 9. New Section 14.12.200.E. shall be added to the City Code of Ordinances and shall
read as follows:
"E. Wherever all existing utilities lines are placed
underground as of June 1, 2006, Company shall place its cable, wires and
other equipment underground. If City in the future so requires, for all or
any portion of the City, that the utilities in such area place their lines
underground, then Company shall, in accordance with the construction
schedule set by City, place its existing and its future cable, wires, or other
equipment in such area underground without charge, expense or liability
to City."
Section 10. New Section 14.12.200.F. shall be added to the City Code of Ordinances and shall
read as follows:
"F. Company shall pay for pole attachments to the City's poles
at a rate of fifteen dollars ($15.00) per year per pole, effective January 1,
2007. This rate shall be effective for two years, until January 1, 2009, at
which time the State pole attachment fee formula shall apply."
Section 11. New Section 14.12.291 shall be added to the City Code of Ordinances and shall
read as follows:
"SECTION 14.12.291. REBUILD PROGRESS UPDATES.
Company shall provide regular updates to the City Manager's
office concerning the status of rebuilds of the Cable System serving the
city."
Ordinance No. A GO (0 ' d 7
Transfer of Cable TV Franchise to Cebridge
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Section 12. New Section 14.12.263 shall be added to the City Code of Ordinances and shall
read as follows:
"SECTION 14.12.263. ACCESS CHANNELS.
Company agrees to continue providing government channel 10
and the Sun City public access channel in the same manner as they are
being provided as of April 1, 2006, which in general is that the Sun City
public access channel is provided only in Sun City and the government
channel is provided on Channel 10 with programming from the City by
tapes or similar media delivered to Company."
Section 0. In accordance with the provisions of Section 8.03 of the City Charter, this
ordinance was published once a week for four (4) consecutive weeks in a
newspaper of general circulation in the City of Georgetown.
Section 0. The City Council hereby declares that an emergency exists in the passage of this
Ordinance and that the notice requirements applicable to Company in Section
14.12.130 of the City Code of Ordinances are hereby waived.
Section 0. All ordinances that are in conflict with the provisions of this ordinance are
hereby repealed, and all other ordinances of the City not in conflict with the
provisions of this ordinance shall remain in full force and effect.
Section 0. If any provision of this ordinance or application thereof to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other
provisions, or application thereof, of this ordinance which can be given effect
without the invalid provision or application, and to this end the provisions of
this ordinance are hereby declared to be severable.
Section 0. The Mayor is hereby authorized to sign this ordinance and the City Secretary to
attest. This ordinance is effective as to shall become effective in accordance with
the provisions of the Charter of the City of Georgetown.
PASSED AND APPROVED ON FIRST READING on
PASSED AND
Ordinance No. A00(0 `47
Transfer of Cable TV Franchise to Cebridge
Page 7 of 10
2006
ON SECOND READING on
2006.
APPROVED:
Mayor
APPROVED AS TO FORM:
Patricia E. Carls, City Attorney
Ordinance No. o yo& `47
Transfer of Cable TV Franchise to Cebridge
Page 8 of 10
ATTEST:
f
Sandra D. Lee
City Secretary
Acceptance
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF GEORGETOWN:
"In accordance with the terms and conditions of that certain Acceptance
Agreement between CEBRIDGE ACQUISITION, L.P. ( "COMPANY ") and the
CITY OF GEORGETOWN ( "CITY "), executed by COMPANY on April 4, 2006
and approved by the City Council on April 11, 2006, a copy of which is attached
to Resolution No. 041106 -0, COMPANY, on behalf of itself, its successors and
assigns, hereby fully accepts CITY of GEORGETOWN Ordinance No. 2006 -
and expressly agrees to be bound by all of its terms and provisions,
and to fully observe and fully perform all limitations and obligations contained
in such Ordinance. COMPANY further certifies to the CITY that all of the
COMPANY'S information filed with the CITY in connection with the issuance of
such Ordinance is true, correct and complete."
CEBRIDGE ACQUISITION, L.P.
By (Name):
Signature:
Title:
Date:
FAI
r m ?
Secretary \
THE STATE OF � I
k §
COUNTY OF
This instrument was acknowledged before me on
the V
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Ordinance No. AP (A ~ 4 i
Transfer of Cable TV Franchise to Cebridge
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2006
Y�
f 1* 2006, by
of a
on behalf of said entity.
NOTARY PUBLIC IN AND FOR,
THE STATE OF z{
Printed Name:`.c
CERTIFICATION
I, the undersigned, being the duly appointed, qualified and acting City Secretary of the City of
Georgetown, Texas hereby certify that the foregoing Ordinance No. 2006 - is a
true, correct and accurate copy as duly and lawfully passed and ad ,.pted by the governing body
of the City of Georgetown, Texas on the '. % — day of 2006.
BY:
Sandra D. Lee
City Secretary
City of Georgetown, Texas
Ordinance No. old (P& "47
Transfer of Cable TV Franchise to Cebridge
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