HomeMy WebLinkAboutORD 80-05 - Williamson Co. CoblevisionORDINANCE NO. 80-5
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There is hereby yranted by the City of Geor(jetown, Texas,
(hereinafter called CITY), to Williamson County Cablevision
Company, and its successors and assigns, the iig'.:t .And the
privilege, for a period ten (10) years from the effective
date of this Ordinance, to construct, erect, maintain, and
operate a Cable Television System in the City of Guory_etown,
Texas.
The CITY hereby grants the complany the right and privilege
to install all necessary w�.ring, cables, 1,o_,2s, underground
conduits, and other apparatus for the purpose of operating_, and
extending to the citizens of Georyctuwn, 'Texas, and the in-
habitants thereof, a Ca1,1r: Television :;yr;tem for the reception
and distribution of telt-v;-sion signal.~ and energy, frequency
modulated r.idio signals, and non-covviiorc al visual and aural
signals, as governed by the Federal Communications Rules and
Regulations. The right herein gr.anteJ shall extend any
area annexed to the City of Georgetown, subject to such re-
strictions are hereby imposed and as may be hereafter im-
posed by law.
AN OIZU INANE 'E OF THE CITY OP GI:ORG1:TOWN,
T1:XA`;, C1'.A':TING '1'0 W11.1,1AM:;ON COUNTY
CAHLI;V I.:, 1Wi COMPANY, AND ITS SUCC1::;::OJiS
AND A:;;;1L':' A PE1011T TO LOCATE, CON-
STRUCT, AV.,';!"'1'AI:N, AND OPE LATE A CABI.&.
'1'1::LLV 1 E;1ON `YST,"M IN CC�MPI,IANCE WII'll
FEDE' Al, ItL'L1:S AND .REGULATIONS IN THE'
CITY OF G''ORGETOWN, T1'.XAS, AUTHORIZING
THE USI:, ?:.fGIIT AND PRIVILEGE, POWER,
AND AU'1'1101'7.':'Y TO CON"TRUCT, MAINTAIN,
OPERATE, :['v, OVER AND ACROSS THE
STREETS, AVENUE'S, PARKWAY:; AND lIU13LIC
PLT-,C]_:S '111-; Nl CESSARY EQUIPMENT FOR
THE OPEPATTON OF SUCII SYSTEM IN '1'111-:
CITY 01' Gl:OltGL:'OWN, TJ1'XAS : PROVIDING
FOR TILL' R'ECULATION TIIERE'OF: PROVIDING
FOR TIIE P r;C)PER INSURANCE AND PEMIT
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FEES
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111: IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS
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SF:CTTON l:
There is hereby yranted by the City of Geor(jetown, Texas,
(hereinafter called CITY), to Williamson County Cablevision
Company, and its successors and assigns, the iig'.:t .And the
privilege, for a period ten (10) years from the effective
date of this Ordinance, to construct, erect, maintain, and
operate a Cable Television System in the City of Guory_etown,
Texas.
The CITY hereby grants the complany the right and privilege
to install all necessary w�.ring, cables, 1,o_,2s, underground
conduits, and other apparatus for the purpose of operating_, and
extending to the citizens of Georyctuwn, 'Texas, and the in-
habitants thereof, a Ca1,1r: Television :;yr;tem for the reception
and distribution of telt-v;-sion signal.~ and energy, frequency
modulated r.idio signals, and non-covviiorc al visual and aural
signals, as governed by the Federal Communications Rules and
Regulations. The right herein gr.anteJ shall extend any
area annexed to the City of Georgetown, subject to such re-
strictions are hereby imposed and as may be hereafter im-
posed by law.
src,rTON z :
The surface of any street, alley, highway or public.place
disturbed by the GRANTEE,- in building, constructing, renewing or
maintaining its plant and system shall be restored within a
reasonable time after completion of the work to as good a,
condition as before the commencement of the work. No street,
alley, highway, or Public place shall be encumbered for a 1; �;er
period than sliall be necessary to execute the work. The G.....;rEE
shall not disturb the surface of any street for the purpose of
any cor.srrt:ction without first obtaining authority to do so from
the '"TY.
S T C'T' T O N 3
The C"ANTEE shall, at all times, make and keep full and
complete plats, maps and records showing the exact location of
all toWcrs poles, lines, cables, and other equipment and
facilities located and used Iv the GRANTEL• in the City of
Ceorgetown, Texas in connection with such system.
:CTTn\'
The C''L1\'.;:)✓ sha11 defend the CITY ,igninst any lawful c7 aim
of injury to any property caused by the CRA`'TEE in the construction
or operat-;.on or its Pro.•_rty; and in the event of such determinatioi
oC si►Ch s71:I.'..1 .n(lemn.� -!ie CITY. The C'tl�NTEE lie`
its succe-, ors and ass :,�"ns, sh. ,,L0cmnify and hold harmless
VIC CITY Of Ceo�'_�eto�,�^�, :'eras, from any and all liabilities,
or ; ; .'(f rents growing out of any injury to any
person or property as the result of the vio'ation or failure on
the part of the C'AN' , i`_s successors and assigns, to observe
its propel' e.i,-__v, or D--cayse of neglincr.ce in whole or in part
arising o%it of CO^,S':`.':.C: �0:1, repair, extension, r-i—i ntenance or
operation; of its ec;u:.;�r:c��.'. of any kin('. or Oiaracter used in
connection lth this
SECTTON' S:
All installation of equipment nature, durable and installed
in accordance with l►ood er►gineering practice, and of sufficient
height to comply with all existing CITY Regulations,°Ordinances
and Sta'e Laws so as not to interfere with the travel and use
of public places by tl,c public, and (luring the construction,
repair or removal thoreo!', shall not obstruct or impede traffic.
Sj:CTTn1r 7
Tl�o G",A ,;';'7' shall, prior to coil-,v.acing its installation,
pro, -,are an('. furnish ail('. file with tele City Clerk the following
insurance
(a) Wor,,-cn's Cc---,-rrati.on Insurance in accoreance with
the laws o f t'^,e State cc 1'cxa s,
(b) PL111Iic L '�i i4 y and Autorio')ile Liabili*v Insurance
witll li^ii' -lot less th:►n `°100,000.00 on any one
person and $:00,000.00 for any one acci0ent.
(c) rropert,;,,e Insurance with a "mit of not 1('ss
tllail : 5 , �!` � , �� _ for any accl(lent .
SECTION a.
This permit :ray tie forfeited by the CITY upon the failure
or refusal of the G:' %N1"'., its successors and assigns, to observe
the terms and provisio"s of this permit. Such fr-O'citure may
be exercised by service of notice upon the GRANTL'L' specifying
with particularity the acts or omissions of GRANTEE deemed to
SFCT'_0N 6:
Zlle City of
Georfetown, Texas, reserves the
right of
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reasonable regulation
of the erection and construction of any
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work by the GRANTEE
and to reasonably designate
where such we-•:cs
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and construction
are to be placed. The GRANTEE
shall, when
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requested by the
CITY, make minor chancres in its
equipment to
conform to the reasonably
necessary requirements
of small
localized areas.
Such c`langes sliall l)e effected
within a
reasona') . y;,^c
after request is made.
Sj:CTTn1r 7
Tl�o G",A ,;';'7' shall, prior to coil-,v.acing its installation,
pro, -,are an('. furnish ail('. file with tele City Clerk the following
insurance
(a) Wor,,-cn's Cc---,-rrati.on Insurance in accoreance with
the laws o f t'^,e State cc 1'cxa s,
(b) PL111Iic L '�i i4 y and Autorio')ile Liabili*v Insurance
witll li^ii' -lot less th:►n `°100,000.00 on any one
person and $:00,000.00 for any one acci0ent.
(c) rropert,;,,e Insurance with a "mit of not 1('ss
tllail : 5 , �!` � , �� _ for any accl(lent .
SECTION a.
This permit :ray tie forfeited by the CITY upon the failure
or refusal of the G:' %N1"'., its successors and assigns, to observe
the terms and provisio"s of this permit. Such fr-O'citure may
be exercised by service of notice upon the GRANTL'L' specifying
with particularity the acts or omissions of GRANTEE deemed to
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be a violatwo, of the rrovisions hereof, and if C'.t/l\'TEE shall
not el17ei 1),Lte, cure or obviate such .ra." ure or violation • withiki
ninety (90) cMys after such n,,tice, this permit shall thereupon
terminate or, be forf.cited.
The (1JXT1,:E herein sl;all ray to the City of. Georgetown,
'o."gigs, ,IS �)mpcnsat:ic!! dor the ri!•'its Lind pri.vilc-es enjoyed
hereunder, a sum ec,u: to 30- of its total gross receipts
received by GRANTEE frc-n its customers within the City of
Ceorgetown, Texas, pr.ov:`.dc,', however, that the amount of any
federal Excise Tax levlcd or assessed in respect to CR1lNTEPS
operations sliall be exclude,' from its total gross receipts for
tine purpose of calculating the perm?- Fees herein provided.
Such fee shall b-., paid annually and the payment thereof shall
be due on or before th,.- first day of January of each year for
the preceding year. Payment of the fees herein Provided shall
be in lieu of :any other tax or increased rate of.tax, or other
imposed as--,;rlent of CxCep, All valorem taxes. In
ac'.dition, G''.!\\TFE-= shell pay to the City of Georgetown, Texas,
the stun of $2.50 rer yc r as rental for each light, rower ane.'/or
telephone pole owned ` tie City of Georgetown, Texas, to which
is
attaches'.
electrical
-r apparatus owned
by GRANTEE.
Titc
City of
Ccorgetown,
here')y agrees to
accept such
payment as a `air and equitable rent for the use of said poles
a!ld to allow (,PANTT;' to ,,.se any of the poles so owned by the
City of Georgetown, ^.'cx:Is, so long as such use does not constitute
a hazard of and does not interfere wi*'• the intended
use of said poles. Si!ch rental, shall be payable annually on or
before the first day of January of each year for the preceding
yeaz,
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SECTION 10: ' ST,.'NM. CAI'PJACr
The C RANTl:p must all, television sig' ils, as
defined by the Fedora'. C,D!wTitinications Commission's Rules,
under Section 76.251 ,,. ' :tt ,rte; to no;i-broadcast activities,
specifically.
(a) The system wi.7_1 oner.ate with at least 120 MIIz of
bandwidth in compliance with Rule Section 76.251
(a) (1) ;
(i•) T}le system�,�'?'_ ;allocate one c!iannel each for local
r;overnment local educ:it zonal use, vvnilable
wi_thout charge during the first five Years after
coi!:pletion o� t"-_ system's basic lime in
corllpliance with Rules Section 76,251 (a) (5) and
(g) The system will offer all excess channel capacity
for leased access services;
(h) The system t,_l have the capacity for two-way non-
ve'ce return communications in compliance with Rule
Section 76,25`_ (a) (3) ;
(i) The system will exercise no control over program
content exe(,,)` to the extent necessary to insure
compliance �,:.th the operating rules described in
Section (11) of the Covunission's rules.
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(5)
The syste;n will provide b:indwi.dth for non -broadcast
used enuivrLlent to the b;i!iciwi.dth used for broadcast
purposes in comrliance with kale Section 76.251
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(e)
The system will expand channel capacity as existing
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channel availability is exhausted, in compliance
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with Rule Section 76.251 (a) (S);
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(d)
The system will dedicate one free, non-commercial
public access channel available at all times on a
first-come, first -server non-discriminatory basis.
pursuant to t`:0Commission's standards and to more
detailed rules w!hic}1 will be adopted by the system;
(e)
The syste-, !Iavc available production facilities
for public in connection with a pulol.ic access
charnel in cor!nliance with Rule Section 76,151 (a)
(4 ) ;
(i•) T}le system�,�'?'_ ;allocate one c!iannel each for local
r;overnment local educ:it zonal use, vvnilable
wi_thout charge during the first five Years after
coi!:pletion o� t"-_ system's basic lime in
corllpliance with Rules Section 76,251 (a) (5) and
(g) The system will offer all excess channel capacity
for leased access services;
(h) The system t,_l have the capacity for two-way non-
ve'ce return communications in compliance with Rule
Section 76,25`_ (a) (3) ;
(i) The system will exercise no control over program
content exe(,,)` to the extent necessary to insure
compliance �,:.th the operating rules described in
Section (11) of the Covunission's rules.
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SECTION 11: RATES
(a) The rates established by Ordinance passed and approved on the
22nd, day of September, 1978 shall remain in effect for 24 months from the
date of the passage of this Ordinance.
SECTION 12: OTHER BUSINESS ACTIVITIES
(a) The GRANTEE shall render efficient service, make repairs promptly,
and interrupt service only for good cause and for the shortest time possible.
(b) The GRANTEE shall provide an office in the city which shall be
open during all usual business hours, have a listed telephone, and be so operated
that complaints and requests for repairs or adjustments may be received.
(c) In the case of any emergency or disaster, the GRANTEE shall, upon
request of the City Commission, Make available its facilities to the City for
emergency use during the emergency or disaster period.
(d) The GRANTEE shall not engage in the business of selling, or servicing
television receivers.
(e) Upon termination of service to any subscriber, the GRANTEE shall
promptly remove all its facilities and equipment from the premises of such sub-
scriber upon his request, without cost to the subscriber.
SECTION 13: TECHNICAL STANDARDS
The Technical Standards of the GRANTEE'S Cable system shall meet or
surpass the Federal Communications Commission's Rules, as outlined in Subpart K.
This will include the following:
Section 76 601
Performance Tests, as outlined in Paragraphs A through D.
Section 76.605
Covering Technical Standards, as outlined in Paragraph 1 through 12.
Section 76.609
Measurements, as outlined in Paragraph A through H.
Section 76.613
Interference from CAN System.
Section 76.617
Responsibility for receiver -generated interference.
SECTION 14
GRANTEE shall have ninety (90) days after final passage of this Ordinance
in which to file its written acceptance thereof with the City Secretary, and upon
such acceptance being filed this Ordinance shall take effect and be in force from
and after the date of its passage and shall effectuate and make binding the
Agreement contained herein, but notwithstanding this provision, the provisions
of Section 14 shall apply fully.
SECTION 15
Go If any section, sentence, clause or phase of the Ordinance is for any
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reason held illegal, invalid, or unconstitutional, such invalidity shall not
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repealed.
SECTION 16
Any subsequent modification of the franchise standards as set forth under
F C C rule "No. 76.31 Franchise Standards", will be incorporated into this
franchise within one (1) year of its adoption.
SECTION l;'
This Franchise shall not be assignable without approval of a simple majority
of the Georgetown City Council
The passage of this Ordinance being necessary for the expedient dispatch
of the CI TY's business, some shall be effective from and after the date of its
passage. The nature of the emergency being to make possible an immediate
application for Federal Communication Commission approved by GRANTEE.
PASSED by unanimous vote this /Z day of;��;z
1980.
PASSED by unanimous vote this // day of 1980.
ATTEST:
CITY SECRETARY