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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 Page 2 of 10 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 Page 3 of 10 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 Page 4 of 10 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 Page 5 of 10 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 Page 6 of 10 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 0 r. ,V dS -..S h E.'T :P s3 fl 'k' 4 �':Y'i i16'e.F i✓a i ♦. _ Ordinance No. AP (A ~ 4 i Transfer of Cable TV Franchise to Cebridge Page 9 of 10 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 Page 10 of 10