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HomeMy WebLinkAboutORD 80-05 - Williamson Co. CoblevisionORDINANCE NO. 80-5 1 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 M W FEES CID q1 L9 111: IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS Q Q 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 co co reasonable regulation of the erection and construction of any Iq work by the GRANTEE and to reasonably designate where such we-•:cs (29 Q and construction are to be placed. The GRANTEE shall, when Q 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 P 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, 5 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. -3 (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 Iq (e) The system will expand channel capacity as existing 0 channel availability is exhausted, in compliance Q with Rule Section 76.251 (a) (S); Q (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. -3 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 co reason held illegal, invalid, or unconstitutional, such invalidity shall not Q affect the validity of the Ordinance and any portions in conflict are hereby Q 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