O-1340-6-95ORDINANCE NO. 1340-6-95
CITY OF ALLEN, TEXAS
CABLE COMMUNICATIONS ORDINANCE
July 20, 1995
TABLE OF CONTENTS
Paae
Section
1.
Short title . . . . . . . . . . . . . . . .
. . 1
Section
2.
Definitions . . . . . . . . . . . . . . . .
. . 1
Section
3.
Intent and Purposes . . . . . . . . . . . .
. . 9
Section
4.
Grant of authority; franchise required. .
. 10
Section
5.
Franchise characteristics. . . . . . . . .
. . 11
Section
6.
Franchise, franchisee
subject to other laws, police power . . .
. . 13
Section
7.
Interpretation of franchise terms. . . . .
. . 13
Section
8.
Applications for grant, renewal,
modification or transfer of franchises.
14
Section
9.
Grant of franchises . . . . . . . . . . . .
. 20
Section
10.
Insurance; surety; indemnification. . . .
. . 23
Section
11.
Security fund . . . . . . . . . . . . . . .
. . 26
Section
12.
Construction bond . . . . . . . . . . . .
. . 28
Section
13.
Minimum facilities and services. . . . . .
. 31
Section
14.
Technical standards . . . . . . . . . . . .
. . 33
Section
15.
Access channels and facilities. . . . . .
. . 35
Section
16.
Franchise fee . . . . . . . . . . . . . . .
. . 36
Section
17.
Reports and records . . . . . . . . . . .
. . 39
Section
18.
Customer service requirements. . . . . . .
. 43
Section
19.
Subscriber privacy. . . . . . . . . . . .
. 52
Section
20.
Discrimination prohibited. . . . . . . . . .
52
Section
21.
Use of Streets. . . . . . . . . . . . . . .
53
Section
22.
Enforcement remedies. . . . . . . . . . . .
59
Section
23.
Renewal of franchise. . . . . . . . . . . .
61
Section
24.
Transfers . . . . . . . . . . . . . . . . . .
62
Section
25.
Revocation or termination of franchise. . .
65
Section
26.
Arbitration . . . . . . . . . . . . . . . . .
71
Section
27.
Continuity of service mandatory. . . . . . .
72
Section
28.
Rates . . . . . . . . . . . . . . . . . . . .
72
Section
29.
Performance evaluation . . . . . . . . . . . .
73
Section
30.
Administration . . . . . . . . . . . . . . . .
74
Section
31.
Applicability . . . . . . . . . . . . . . . .
74
Section
32.
Municipal cable system ownership authorized.
75
Section
33.
Reservation of rights . . . . . . . . . . . .
75
Section
34.
Citizens' Advisory Committee . . . . . . . . .
75
Section
35.
Repeal of Conflicting Ordinances . . . . . . .
78
Section
36.
Severability . . . . . . . . . . . . . . . . .
78
Section
37.
Posting and Effective Date . . . . . . . . . .
79
ii
ORDINANCE NO. 1340-6-95
AN ORDINANCE OF THE CITY OF ALLEN, TEXAS, GOVERNING THE
GRANTING OF FRANCHISES FOR, AND THE INSTALLATION, CONSTRUCTION,
OPERATION AND REGULATION OF, CABLE TELEVISION SYSTEMS IN THE CITY
OF ALLEN.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS:
Section 1. Short title.
This Ordinance shall be known and may be cited as City of
Allen, Texas Cable Communications Ordinance.
Section 2. Definitions.
For the purpose of this Ordinance, the following terms,
phrases, words and their derivations shall have the meanings
given herein. When not inconsistent with the context, words used
in the present tense include the future, words in the plural
number include the singular number, and words in the singular
number include the plural.number. The words "shall" and "will"
are mandatory, and "may" is permissive. Words not defined herein
shall be given the meaning set forth in the Cable Communications
Policy Act of 1984, 47 U.S.C. § 521 et sea., and as hereinafter
may be amended, including without limitation the Cable Television
Consumer Protection and Competition Act of 1992, Pub. 1. No. 102- `
1
385, 106 Stat. 1460, and, if not defined therein, their common
and ordinary meaning.
(a) "Access channel" means any channel on a cable system
set aside without charge by the franchisee for public,
educational and/or local governmental use.
(b) "Affiliate" means any person that owns or controls a
grantee or franchisee, any person that a grantee or franchisee
owns or controls, or any person under common ownership or control
with a grantee or franchisee.
(c) "Applicant" means any person submitting an application
within the meaning of this Ordinance.
(d) "Basic Cable Service" or "Basic Service" means any
service tier that includes the retransmission of any local
television broadcast signals.
(e) "Cable Act" means the Cable Communications Policy Act
of 1984, 47 U.S.C. §§ 521 j2L sea., and as hereinafter may be
amended, including without limitation the Cable Television
Consumer Protection and Competition Act of 1992, Pub. L. No. 102-
385, 106 Stat. 1460.
(f) "Cable system," "cable television system," or "system,"
means any facility, operating by means of coaxial cable, optical
fiber, or any other transmission lines or forms of transmission
2
and associated signal generation, reception and control equipment
that is designed to provide cable service which includes video
programming and which is provided to multiple subscribers within
the City. Such term does not include (a) a facility that serves
only to retransmit the television signals of one (1) or more
television broadcast stations; (b) a facility that serves only
subscribers in one (1) or more multiple unit dwellings under
common ownership, control, or management, unless such facility
uses or crosses any Street; (c) a facility of a common carrier
that is subject, in whole or in part, to the provisions of Title
II of the Communications Act of 1934, 47 U.S.C. § 201 et sea.,
except that to the full extent permitted by law, such facility
will be considered a cable system (other than for purposes of
Section 621(c) of the Cable Act) to the extent such facility is
used in the transmission of video programming directly to
subscribers; or (d) any facilities of any electric utility used
solely for operating its electric utility systems. The foregoing
definition of "cable system" shall not be deemed to circumscribe
or limit the valid authority of the City to regulate or franchise
the activities of any other communications system or provider of
communications services to the full extent permitted by law.
3
(g) "Cable service" means the one-way transmission to
subscribers of video or other programming services over a cable
system together with any subscriber interaction, if any, which is
required for the selection of such programming services.
(h) "City" means the City of Allen, a municipal corporation
of the State of Texas, in its present incorporated form or in any
later reorganized, consolidated, enlarged or reincorporated form.
(i) "City Council" or "Council" means the legislative body
of the City.
(j) "Control of a franchisee, grantee or applicant" means
actual working control of a franchisee, grantee, or applicant, in -
whatever manner exercised.
(k) "Designated Access Organization" or "DAO" means any
non-profit entity established or designated by the City pursuant
to Section 15 of this Ordinance for the purpose of developing,
managing, administering or using any access channel or access
channels.
(1) "FCC" means the Federal Communications Commission, or
any successor governmental entity thereto.
(m) "Franchise" means the initial authorization or renewal
granted by the City to a franchisee to construct, maintain and
operate a cable system under, on, and over City Streets within
4
all or specified areas of the City. The term does not include
any license or permit that may be required by other applicable
laws of the City for the privilege of transacting and carrying on
a business within the City or for disturbing, or carrying out any
work upon, any Street.
(n) "Franchise agreement" means a contract entered into in
accordance with the provisions of this Ordinance and all
applicable law between the City and a franchisee that sets forth
the terms and conditions under which the franchise will be
exercised.
(o) "Franchisee" means any person granted a franchise
pursuant to this Ordinance that has entered into a franchise
agreement with the City.
(p) "Grantee" means any person granted a franchise pursuant
to this Ordinance that has not yet entered into a franchise
agreement with the City.
(q) ."Gross revenues" means all revenues of a franchisee and
any person which constitutes a cable operator as defined in
Section 602(5) of the Cable Act derived from the operation of a•
cable system by that franchisee within the City. Gross revenues
includes, but is not limited to, fees charged subscribers for
basic service; fees charged subscribers for any optional,
5
premium, per -channel or per -program service; fees charged
subscribers for any tier of service other than basic service;
installation, disconnection, re -connection and change -in-service
fees; leased channel fees; equipment charges; fees for
maintenance or service of cable equipment or facilities; revenues
derived from programmers for carriage of programming on the
system; converter and remote rentals or sales; additional outlet
charges; advertising revenues; revenues from home shopping
channels; and the sale, exchange or cablecast by the franchisee
of any programming developed on or for access channels or
institutional users. Gross revenues shall be the basis for
computing the franchise fee imposed pursuant to Section 16
hereof. Gross revenues shall not include (i) to the extent
consistent with generally accepted accounting principles, actual
bad debt write-offs, provided, however, that all or any part of
such actual bad debt that is written off but subsequently
collected shall be included in Gross Revenues in the period
collected; and (ii) any taxes on services furnished by the
franchisee which are imposed upon any subscriber or user by the
state, County, City or other governmental unit and collected by
the franchisee on behalf of said governmental unit.
0
(r) "Leased access channel" means a channel designated in
accordance with Section 612 of the Cable Act, 47 U.S.C. § 532,
for commercial use by persons unaffiliated with the franchisee.
(s) "Person" means any individual, corporation,
partnership, association, joint venture, organization or legal
entity of any kind, and any lawful trustee, successor, assignee,
transferee or personal representative thereof, but shall not mean
the City.
(t) "Pro Forma Transfer of a Franchise" means any transfer
of a franchise that involves no substantial change in the
ultimate ownership or control of the franchisee.
(u) "Service Tier" means a category of cable service
provided by the franchisee and for which a separate charge is
made by the franchisee.
(v) "Street or Streets" means the surface, the air space
above the surface and the area below the surface of any public
street, highway, road, freeway, thoroughfare, parkway, sidewalk,
bridge, court, lane, path, alley, way, drive, circle, easement,
or any other public right-of-way, public way, or public place,
including public utility easements, or any property in which the
City holds any kind of property interest and any temporary or
permanent fixtures or improvements located thereon.
7
M "Subscriber" means any person who legally receives any
service delivered over a cable system.
(x) "System malfunction" means any cable system equipment
or facility failure or malfunction that results in the loss of
signal strength and quality levels as specified by the FCC on one
or more channels to one or more subscribers. A malfunction is
major if it affects eleven (11) or more subscribers.
(y) "Transfer of a franchise" means any transaction in
which (1) control of a franchisee or its cable system is
transferred from one person or group of persons to another person
or group of persons; or (2) the rights and/or obligations held by
the franchisee under a franchise agreement are transferred or
assigned from one person or group of persons to another person or
group of persons.
(z) "Two-way capability" means the incorporation into a
cable system of all appropriate design and engineering
characteristics and features so that two-way transmission over
the system can be implemented and activated.
(aa) "Video channel or channel" means a portion of the
electromagnetic frequency spectrum which is used in a cable
system and which is capable of delivering a television channel,
Ea3
including the associated audio signal, as television channel is
defined by the FCC by regulation or otherwise.
Section 3. Intent and Purposes.
(a) It is the intent of the City and the purpose of this
Ordinance to promote the public health, safety, and general
welfare by providing for the grant of one or more franchises for
the construction and operation of a cable system within the City;
to provide for the regulation, to the extent provided for by law,
of each cable system within the City in the public interest; to
provide for the payment of compensation by a franchisee to the
City for the use of Streets by its cable system; to promote the
widespread availability of quality cable service to City
residents and businesses, the City, and other public
institutions; to encourage the development of cable and other
communications technologies and cable systems as a means of
communication between and among members of the public, City
businesses, the City, and other public institutions; to promote
competitive cable rates and services; to promote the safe and
efficient use of City Streets; to enhance and maximize the
communicative potential of Streets used by cable systems; and to
encourage the provision of a diversity of information sources to
Pi
City residents, businesses,,the community, the City, and other
public institutions by cable technology.
(b) Recognizing the continuing development of
communications technology and uses, it is the policy of the City
to encourage experimentation and innovation in the development of
cable system uses, services, programming and techniques that will
be of general benefit to the community to the extent all such
experiments and innovations are consistent with applicable laws.
Section 4. Grant of authority; franchise required.
(a) The City may grant one or more franchises in accordance
with this Ordinance. The material provisions of such franchises
shall be reasonably comparable, taking into account differences
in the timing and circumstances of the grants, in order that one
franchisee is not given an unfair competitive advantage over
another so as to provide all parties equal protection under the
law.
(b) No person may construct or operate a cable system or
any other communications transmission facilities over, on, or
under the Streets in the City without first obtaining a franchise
granted by the City pursuant to this Ordinance, and no person may
10
be granted a franchise without having entered into a franchise
agreement with the City pursuant to this ordinance.
Section 5. Franchise characteristics.
(a) A franchise authorizes use of City Streets, or
specified portions thereof, for installing cables, wires, lines,
optical fiber, underground conduit, and other facilities to
operate a cable system or other communication systems within all
or a specified area of the City, but does not expressly or
implicitly authorize the franchisee to provide service to, or
install cables, wires, lines, underground conduit, or any other
equipment or facilities upon private property without owner
consent (except for use of compatible easements pursuant to
Section 621 of the Cable Act, 47 U.S.C. § 541(a)(2)), or to use
publicly or privately owned conduits without a separate agreement
with the owners.
(b) A franchise is nonexclusive, and will not expressly or
implicitly preclude the issuance of other franchises to operate
cable systems within the City, or affect the City's right to use
the Streets or to authorize use of City Streets to other persons
as it determines appropriate.
11
(c) Any privilege claimed under any franchise by a
franchisee in any Street shall be subordinate to the City's use
thereof, and to any other prior lawful occupancy of the Streets.
(d) Once a franchise agreement has been accepted and
executed by the City and a franchisee, such franchise agreement
shall constitute a contract between the franchisee and the City,
and the terms, conditions and provisions of such franchise
agreement, together with this Ordinance and all other duly
enacted and applicable laws, shall define the rights and
obligations of the franchisee and the City relating to the
franchise.
(e) Any franchise granted hereunder shall be a privilege
held in personal trust by the original franchisee, and may not be
transferred, nor may control of a franchisee be transferred,
without the prior written consent of the City as provided in
Section 24 hereof.
(f) No privilege or exemption shall be conferred or granted
by any franchise granted under this Ordinance except those
specifically prescribed herein, and/or the franchise agreement
granting the franchise.
(g) No franchise shall authorize the use of any public
property other than public Streets and public utility easements
12
owned by the City, unless the franchise agreement or subsequent
resolution of the Council expressly authorizes use of such other
public property.
Section 6. Franchise, franchisee
subject to other laws. police power.
(a) A franchisee shall at all times be subject to and shall
comply with all generally applicable laws. A franchisee shall at
all times be subject to all lawful exercise of the police power
of the City.
(b) Except as may be specifically provided in this
Ordinance or under the terms of a franchise agreement, the
failure of the City, upon one or more occasions, to exercise a
right or to require compliance or performance under the Ordinance
or a franchise agreement shall not be deemed to constitute a
waiver of such right or a waiver of compliance or performance.
Section 7. Interpretation of franchise terms.
(a) The provisions of this Ordinance shall apply to a
franchise agreement as if fully set forth in the franchise
agreement, provided, however, that where the terms of a
franchise agreement conflict with the provisions in this
13
Ordinance, the Franchise Agreement, as a negotiated agreement
shall prevail.
(b) Except as to matters which are governed solely by
federal law or regulation, a franchise agreement will be governed
by and construed in accordance with the laws of the State of
Texas.
Section B. Applications for grant, renewal,
modification or transfer of franchises.
(a) A written proposal or application (as applicable) shall
be filed with the City for (1) grant of a new franchise; (2)
renewal of a franchise under either the formal or informal
procedures in accordance with Section 626 of the Cable Act, 47
U.S.C. § 546; (3) modification of a franchise agreement; (4) a
transfer of a franchise (other than a pro forma transfer); or
(5) any other relief from the City pursuant to this Ordinance or
a franchise agreement. An applicant has the burden to
demonstrate in its application compliance with all requirements
of all applicable laws.
(b) To be acceptable for filing, a signed original of the
application shall be submitted together with five (5) copies, be
accompanied by any required application filing fee, conform to
14
any applicable request for proposals, and contain all required
information. All applications shall include the names and
addresses of persons authorized to act on behalf of the applicant
with respect to the application.
(c) All applications accepted for filing shall be made
available by the City for public inspection.
(d) An application for the grant of a new franchise may be
filed pursuant to a request for proposals issued by the City or
on an unsolicited basis. The City, upon receipt of an
unsolicited application, may issue a request for proposals. If
the City elects to issue a request for proposals upon receipt of
an unsolicited application, the applicant may submit an amended
application in response to the request for proposals, or may
inform the City that its unsolicited application should be
considered in response to the request for proposals, or may
withdraw its unsolicited application. An application which does
not conform to the requirements of a request for proposals may be
considered nonresponsive and denied on that basis.
(e) An application for the grant of a new franchise shall
contain, at minimum, the following information:
(1) Name and address of the applicant and
identification of the ownership and control of the applicant,
15
including: the names and addresses of the ten (10) largest
holders of an ownership interest in the applicant, and all
persons with five percent (590 or more ownership interest,
including the names and addresses of parents or affiliates
holding such ownership interests directly or indirectly; the
names and addresses of any subsidiaries of the applicant; the
persons who control the applicant; and all officers and directors
of the applicant;
(2) An indication of whether the applicant, or
any person controlling the applicant, or any officer or director
of the applicant, has been adjudged bankrupt, had a cable
franchise or license revoked, or been found by any court or
administrative agency to have violated a security or antitrust
law, or to have committed a felony, or any crime involving moral
turpitude; and, if so, identification of any such person and a
full explanation of the circumstances;
(3) A demonstration of the applicant's technical,
legal and financial ability to construct and/or operate the
proposed cable system, including identification of key personnel;
(4) A complete and detailed financial statement
of the applicant and a statement prepared by a certified public
accountant regarding the applicant's financial ability to
16
complete the construction and operation of the cable system
proposed;
(5) A description of the applicant's prior
experience in cable system ownership, construction and operation,
and identification of the ten largest communities in which the
applicant or any of its affiliates have, or have had, a cable
franchise or license or any interest therein;
(6) Identification of the area of the City to be
served by the proposed cable system, including a description of
the proposed service area's boundaries, the number of households
in the area, the potential subscriber density in the area, and a
detailed map showing the proposed service area's boundaries;
(7) A detailed description of the physical
facilities proposed, including channel capacity, technical
design, performance characteristics, headend, and access
facilities;
(8) Where applicable, a description of the
construction of the proposed system,,including-an estimate of
plant mileage and its location, the proposed construction
schedule, a description, where appropriate, of how services will
be converted from existing facilities to new facilities, and
information on the availability of space in conduits including,
17
where appropriate, an estimate of the cost of any necessary
rearrangement of existing facilities;
(9) A description of the services to be provided
initially, including all broadcast and non -broadcast signals to
be carried and all non -television services to be delivered over
the cable system, and if services will be offered by tiers,
identification of the signals and/or services to be included on
each tier;
(10) A statement setting forth all proposed
classifications of rates and charges, including proposed charges
for each service tier, installation, converters, and other
equipment or services, and the applicant's ownership interest in
any proposed program services to be delivered over the cable
system;
(11) A demonstration of how the applicant's
proposal will reasonably meet the future cable -related needs and
interests of the community, including a description of how the
proposal will meet the needs described in any recent community
needs assessment conducted by or for the City;
(12) Pro forma financial projections for the first
five (5) years of the franchise term, including a statement of
projected income, and a schedule of planned capital additions,
E .,
with all significant assumptions explained in notes or supporting
schedules;
(13) Any other information as may be reasonably
necessary to demonstrate compliance with the requirements of this
Ordinance and information that the City may request of the
applicant that is relevant to the City's consideration of the
application; and
(14) An affidavit or declaration of the applicant
or authorized officer certifying the truth and accuracy of the
information in the application, acknowledging the enforceability
of application commitments, and certifying that the proposal
meets, and that the applicant will comply with, all federal and
state law requirements.
(f) An application for modification of a franchise
agreement shall include, at minimum, the following information:
(1) The specific modification requested;
(2) The justification for the requested
modification, including the impact of the requested modification
on subscribers and others, and the financial impact on the
applicant if the modification is approved or disapproved;
(3) A statement whether the modification is
sought pursuant to Section 625 of the Cable Act, 47 U.S.C. § 545,
19
and, if so, a demonstration that the requested modification meets
the standards set forth in 47 U.S.C. § 545;` and
(4) Any other information reasonably necessary
for the City to make an informed determination on the application
for modification.
(g) A proposal for renewal of a franchise shall comply with
the requirements of Section 23 hereof.
(h) An application for approval of a transfer of a
franchise shall comply with the requirements of FCC rules and
regulations regarding transfers and Section 24 hereof.
(i) To be acceptable for filing, an application for a new
or initial Franchise or a transfer of a franchise shall be
accompanied by a filing fee in the following amount, as
appropriate:
1) For a new or initial franchise: $3000
2) For a transfer of a franchise
(other than a pro forma
transfer) : $2000
Section 9. Grant of franchises.
(a) The City may grant a franchise to serve all or a
specified area of the City, and for a period not to exceed
fifteen (15) years.
(b) The City may make the grant of a franchise conditioned
upon the completion of construction within a prescribed time or
upon the performance of other specific obligations which are to
be set forth in the franchise agreement,
(c) In evaluating an application for a new franchise, the
City may consider, among other things, the following factors:
the applicant's technical, financial, and legal qualifications to
construct and operate the proposed system; the nature of the
proposed facilities, equipment, and services; the applicant's
experience in constructing and operating cable systems and
providing cable service'in other communities, if any; the ability
of City Streets to accommodate the proposed system; the potential
disruption to users of City Streets and any resultant
inconvenience to the public; whether the proposal will meet
reasonably anticipated community needs and serve the public
interest; whether any adverse consequences to the public interest
will result if the application is granted; and any other criteria
as required by federal or state law. In evaluating any
application for a franchise, the City shall not consider the
21
content of the programming that the applicant proposes to
provide.
(d) The City may hold a public hearing to consider an
application or applications for a Franchise. The applicant(s)
shall be notified of the hearing and shall be given an
opportunity to be heard. Based upon the application(s), the
testimony presented at the public hearing, any recommendations of
the City Manager, and any other information relevant to the
application(s), the City Council shall decide by ordinance
whether to grant or deny a franchise application(s) and decide
the terms and conditions of any franchise(s) granted.
(e) If the City Council grants a franchise application for
a new franchise, the City Manager and the grantee shall agree on
the terms of a franchise agreement within sixty (60) calendar
days from the date of the Council ordinance making the grant.
This period may be extended for good cause by the City. If
agreement is not reached with the City within sixty (60) calendar
days from the date of the Council ordinance making the grant, or
if the period is not extended by the City, the franchise grant
will be null and void without further action by the City.
(f) Following at least ten (10) days prior notice to the
grantee and the public, the City Council may hold a public
22
hearing at which it will receive comment on the proposed
franchise agreement.
(g) After complying with the above requirements, the City
Council shall approve or disapprove the proposed franchise
agreement by ordinance, or may direct that it be subject to
further negotiation.
(h) The grant of an initial franchise, a renewed franchise,
an application to modify a franchise agreement, or an application
to transfer a franchise may be subject to a processing fee in an
amount not to exceed the City's actual publishing costs. Within
thirty (30) calendar days from the date of the resolution
approving or denying the franchise agreement or modification or
transfer thereof by the City Council, the City shall notify the
grantee of the amount of any publishing costs. The publishing
costs shall be paid to the City within sixty (60) calendar days
of the date of the City Council ordinance approving or denying
the franchise agreement or a modification or transfer thereof.
Section 10. Insurance; surety; indemnification.
(a) A franchisee shall maintain, and by its acceptance of
the franchise specifically agrees that it will maintain,
throughout the entire length of the franchise period and at its
23
.sole cost and expense, the following liability insurance
coverage:
(1) Workers Compensation and Employee Liability
Insurance in conformance with the laws of the State of Texas.
(2) Franchisee's vehicles, including owned, non -
owned (e.g., owned by franchisee's employees and used in the
course and scope of employment), leased or hired vehicles, shall
each be covered with Automobile Liability Insurance in the
minimum amount of one million dollars ($1,000,000) combined
single limit per accident for bodily injury, death and property
damage.
(3) Franchisee shall obtain and maintain
comprehensive or commercial General Liability Insurance coverage
in the minimum aggregate annual amount of one million dollars
($1,000,000) combined single limit, including bodily injury,
personal injury, death, and broad form property damage. Such
insurance coverage shall include, without limitation:
(A) Contractual liability coverage; and
(B) A cross -liability clause.
(b) All insurance policies shall be with sureties qualified
to do business in the State of Texas; and shall be with sureties
24
with an A-1 or better rating of insurance by Best's Key Rating
Guide, Property/Casualty Edition.
(c) A franchisee shall keep on file with the City
certificates of insurance.
(d) The certificates of insurance shall name the City, its
officers, boards, commissions, commissioners, and employees, as
additional insureds and shall further provide that any
cancellation or reduction in coverage shall not be effective
unless thirty (30) days prior written notice thereof has been
given to the City. A franchisee shall not cancel any required
insurance policy without submission of proof that the franchisee
has obtained alternative insurance which complies with this
Ordinance.
(e) A franchisee shall, at its sole cost and expense,
indemnify, hold harmless, and defend the City, its officials,
boards, commissions, commissioners, and employees, against any
and all claims, suits, causes of action, proceedings and
judgments for damages or equitable relief arising out of the
franchisee's installation, construction, maintenance or operation
of its cable system, or in any way arising out of the
franchisee's enjoyment or exercise of a franchise granted
hereunder, regardless of whether the act or omission complained
25
of is authorized, allowed or prohibited by this Ordinance or a
franchise agreement. This provision includes, but is not limited
to, claims arising out of franchisee's copyright infringements or
a failure by the franchisee to secure consents from the owners,
authorized distributors, or franchisees of programs to be
delivered by the cable system (excluding any PEG access
programming).
Section 11. Security fund.
(a) Except as otherwise provided in a franchise agreement,
prior to the franchise becoming effective, the franchisee shall
post with the City a cash security deposit in an amount of not
less than Twenty -Five Thousand Dollars ($25,000) to be used as a
security fund to ensure the faithful performance of all
provisions of this Ordinance, the franchise agreement, and other
applicable law, and compliance with all orders, permits and
directions of the City, and the payment by the franchisee of any
claims, liens, fees, or taxes due the City which arise by reason
of franchisee's construction, operation or maintenance of a cable
system in the City. A franchise agreement may provide for a
security fund greater than the minimum specified in this
subsection where the City determines, under circumstances
26
existing at the time, that such larger security fund is necessary
to protect the public or to provide adequate incentive to the
franchisee to comply with this Ordinance and the franchise
agreement.
(b) Unless a franchise agreement provides otherwise, the
entire balance of the security fund shall be deposited by
franchisee in the form of a certified or cashier's check made
payable to the City.
(c) The City shall place the security deposit in an
interest bearing account. The interest will accrue to the
benefit of the franchisee but may not be withdrawn by the
franchisee; all interest will be added to and become part of the
security fund during the term of the franchise.
(d) If a franchisee fails to pay the City any fees or
taxes, liquidated damages, damages, or costs or expenses incurred
by the City by reason of any act or default of the franchise,• or
if the franchisee fails to comply with any provision of the
franchise agreement or this Ordinance that the City determines
can be remedied by an expenditure of the security fund, the City
may, after thirty (30) calendar days notice to the franchisee,
withdraw that amount with any interest or penalties from the
27
security fund. After such withdrawal, the City shall promptly
notify the franchisee of the amount and date of the withdrawal.
(e) The security fund will become the property of the City
in the event the franchise is revoked. The franchisee is
entitled to the return of the balance of the security fund that
remains following expiration of the franchise, provided that
there is no outstanding default or unpaid amounts owed to the
City by the franchisee.
(f) The rights reserved to the City with respect to the
security fund are in addition to all other rights of the City,
whether reserved by this ordinance or authorized by other law, or
the franchise agreement, and no action, proceeding or exercise of
a right with respect to such security fund will affect any other
right the City may have.
Section 12. Construction bond.
(a) A franchise agreement may provide that, prior to any
cable system construction, upgrade, or other work in the Streets,
a franchisee shall establish in the City's favor a performance
bond in an amount specified in the franchise agreement or other
authorization as necessary to ensure the franchisee's faithful
Nu:
performance of the construction, upgrade, or other work, but the
amount of such performance bond shall not exceed One Hundred
Twenty Five Percent (125%) of the estimated cost of the Street
work and repair associated with such construction, upgrade or
other work. The franchisee shall submit an estimate of such cost
to the City for the City's approval. The bond may be in the form
of a letter of credit or other surety acceptable to the City.
The bond must remain in force throughout the period specified in
the franchise agreement; if the bond is canceled by the issuer
for any reason, the franchisee shall obtain a replacement for the
bond which shall enter into effect before the date on which the
original bond lapses or terminates.
(b) In the event a franchisee subject to such a performance
bond fails to complete the cable system construction, upgrade or
other work in the Streets in a safe, timely and competent manner
in accord with the provisions of the franchise agreement, there
shall be recoverable, jointly and severally from the principal
and surety of the bond, any damages or loss suffered by the City
as a result, including the full amount of any compensation,
indemnification or cost of removal or abandonment of any property
of the franchisee, or the cost of completing or repairing the
system construction, upgrade or other work in the Streets,
29
including, but not limited to, repair of any damage caused by
subsidence, plus a reasonable allowance for attorneys' fees, up
to the full amount of the bond. The City may also recover
against the bond any amount recoverable against the security fund
pursuant to Section 11(d) where such amount exceeds that
available under the security fund.
(c) The franchise agreement may specify that upon
completion of the system construction, upgrade or other work in
the Streets and payment of all construction obligations of the
cable system to the satisfaction of the City, the City may
eliminate the bond or reduce its amount. However, the City may
subsequently require an increase in the bond amount for any
subsequent construction, upgrade or other work in the Streets.
In any event, the total amount of the bond shall not exceed the
amount specified in subsection (a) of this section.
(d) Any performance bond required by a franchise agreement
shall be issued by a surety with an A-1 or better rating of
insurance in Best's Key Rating Guide, Property/Casualty Edition;
and shall contain the following endorsement:
"This bond may not be canceled, or allowed to
lapse, until thirty (30) days after receipt
by the City, by certified mail, return
receipt requested, of a written notice from
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the issuer of the bond of intent to cancel or
not to renew."
(e) The rights reserved by the City with respect to any
performance bond established pursuant to this section are in
addition to all other rights and remedies the City may have under
this Ordinance, the franchise agreement, or at law or equity.
Section 13. Minimum facilities and services.
(a) The following minimum requirements for facilities and
services apply to all franchises granted by the City. The City
may require in a franchise agreement that a franchisee exceed
these minimum requirements where it determines, under
circumstances existing at the time of the application, that the
additional requirements are necessary to meet public needs.
(1) Any cable system constructed, upgraded, or
reconstructed after the effective date of this Ordinance shall,
at a minimum, (1) be able to provide at least fifty-four (54)
video channels activated and in use; and (2) have addressability.
A franchise agreement may provide for a larger minimum channel
capacity requirement.
(2) The City may require that a franchisee provide
access channels for public, educational and/or governmental use.
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(3) A cable system shall provide leased access
channels as required by federal law.
(4) A franchisee may be required to provide cable
service without charge to all facilities within the City passed
by the cable system that are owned or predominantly occupied by
the City or a school and devoted to predominantly educational or
governmental use. Such cable service shall be provided by means
of a single drop extending to each building selected by the City
or the educational institution. Each such drop, shall provide
all services available over the cable system, with the exception
of optionally charged per -channel or per -program services. A
franchisee may be required in a franchise agreement to extend a
drop internally to particular locations within the City or a
school. If a franchise agreement does not require a franchisee
to extend a drop internally, the drop may be internally extended
by the City or the school without cost to, or responsibility of
the franchisee, subject to the condition that all such internal
extensions shall be inspected for signal leakage by the
franchisee, at no cost to the City or the educational
institution, to ensure they meet all FCC requirements relative to
signal leakage.
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(5) A franchisee shall design its system to allow the
City to interrupt cable service in an emergency to deliver
necessary information to subscribers.
(6) Standard installation shall consist of a drop,
not exceeding one hundred fifty (150) feet, to a subscriber's
residence, provided, however, that where unusual circumstances
require a franchisee to incur extraordinary boring expenses in
installing an underground drop, a franchisee may charge the
subscriber according to its rate schedule. Subscribers
requesting drops in excess of one hundred fifty (150) feet may
be charged according to the franchisee's rate schedule.
(b) Unless a franchise agreement provides otherwise, a
franchisee shall make cable service available to every dwelling
within the franchisee's service area.
Section 14. Technical standards.
(a) Any cable system within the City shall meet or exceed
all FCC and other applicable federal or state technical and
signal quality standards for cable systems, including any such
standards or regulations as hereinafter may be amended or adopted
to the extent that compliance with such amended standards is
mandated by federal and state law or regulation.
33
(b) All television signals transmitted on a cable
system shall include any closed circuit captioning information
for the hearing impaired that is included within the signal as
received.
(c) Antennas, supporting structures, headend and
associated equipment, and outside plant used in the system shall
comply with any applicable federal, state, county, or City laws.
(d) All construction, installation and maintenance
shall comply with the National Electrical Safety Code, the
National Electric Code, and all laws, and as hereinafter may be
amended or changed to the extent compliance is mandated.
(e) A franchisee shall not design, install or operate
its facilities in a manner that will interfere with the signals
of any broadcast station, the electrical or telephone system
located in any building, the cable system of another franchisee,
or individual or master antennas used for receiving television or
other broadcast signals.
(f) A franchisee is required to be in substantial
compliance with FCC technical standards at all times.
(g) Upon request, a franchisee shall provide the City
with at least ten (10) days advance written notice before each of
34
the FCC -required performance tests so that a City representative
may be present.
(h)- A franchisee shall maintain all of its real
property, headend facilities and outside plant in a safe
condition.
Section 15. Access channels and facilities.
(a) Applications for an initial or renewed franchise may
and, at the City's request, shall include proposals for the
provision of access channel capacity and equipment and facilities
relating to such channels sufficient to meet community needs
taking into consideration costs associated therewith.
(b) In addition to any access facilities and equipment
provided by a franchisee pursuant to a franchise agreement, a
franchise agreement may set forth terms and conditions under
which a franchisee shall provide, at the request of the City
Manager or a duly designated DAO, use of franchisee's studio
equipment and technical services for production of live and/or
video-taped access programs.
(c) The City may, at any time and in its sole discretion,
delegate responsibility for developing, managing, administering
35
or utilizing any access channel or access channels to one or more
DAOs.
(d) Upon a franchisee's consent, and upon terms and
conditions mutually agreed on by the City and a franchisee,
whether in a franchise agreement or otherwise, the City may
delegate responsibility for developing, managing, administering
or utilizing any access channel or access channels to a
franchisee.
Section 16. Franchise fee.
(a) A franchisee, as compensation for the privilege granted
under a franchise for the use of the City's Streets to construct
and operate a cable system, shall pay to the City a franchise fee
in an amount not to exceed the maximum amount permitted by
applicable law. The amount of the franchise fee shall be set
forth in a franchise agreement.
(b) A franchisee shall pay the franchise fee due to the
City on a quarterly basis. Payment for each quarter shall be
made to the City not later than forty-five (45) days after the
end of each calendar quarter.
(c) Unless a franchise agreement provides otherwise, a
franchisee shall file with the City within forty-five (45) days
36
of the end of each calendar quarter a statement showing
franchisee's gross revenues during the preceding quarter and the
number of subscribers served.
(d) No acceptance by the City of any franchise fee payment
shall be construed as an accord that the amount paid is in fact
the correct amount, nor shall such acceptance of payment be
construed as a release of any claim the City may have for
additional sums payable.
(e) The franchise fee payment is not a payment in lieu of
any other tax, fee or assessment .
(f) A franchisee shall file within three (3) months
following the end of each of its fiscal years a statement setting
forth the computation of gross revenues used to calculate the
franchise fee for the preceding year and a detailed explanation
of the method of computation. The statement shall be certified
by a certified public accountant or the franchisee's chief
financial officer. The franchisee will bear the cost of the
preparation of such revenue statements.
(g) The City may, from time to time, and upon reasonable
notice, -inspect and audit any and all books and records of the
franchisee relevant to the determination of gross revenues and
the computation of franchise fees due, and may recompute any
37
amounts determined to be payable under the franchise. The cost
of the audit will be borne by the franchisee if, as a result of
the audit, it is determined that the franchisee has underpaid the
franchise fees owed in an amount exceeding three percent (30) of
the franchise fees actually paid. The audit shall be performed
in the City or in Collin County, and it shall be the
responsibility of the franchisee to have all books and records
necessary to satisfactorily perform the audit readily available
to the auditors.
(h) In the event that a franchise fee payment is not
received by the City on or before the due date set forth in
subsection (b) above, or is underpaid, the franchisee will be
charged interest on the unpaid or underpaid amount from the due
date at an interest rate equal to three percent (30) above the
rate for three-month federal Treasury Bills at the most recent
United States Treasury Department sale of such Treasury Bills
occurring prior to the date of the due date of the franchise fee
payment.
(i) When a franchise terminates for whatever reason, the
franchisee shall file with the City within ninety (90) calendar
days of the date its operations in the City cease a financial
statement, certified by a certified public accountant or the
franchisee's chief financial officer, showing the gross revenues
received by the franchisee since the end of the previous fiscal
year. Adjustments will be made at that time for franchise fees
due to the date that the franchisee's operations ceased.
Section 17. Reports and records.
(a) Within three (3) months of the close of its fiscal
year, a franchisee shall provide the City an annual report that
includes a summary of the previous year's activities in
development of the system, including but not limited to, services
initiated or discontinued; total number of subscribers (including
gains and losses); number of subscribers for each tier of service
(including gains and losses); homes passed; miles of cable
distribution plant in service; and copies of the results of
system performance tests conducted during the prior year, such
tests being conducted in conformity with applicable FCC rules.
The summary shall also include a comparison of any construction,
including system upgrades, during the year with any projections
previously provided to the City, as well as rate and charge
increases and/or decreases for the previous fiscal year.
39
(b) A franchisee shall maintain the following records and
make them available for inspection and copying on the City
request:
(1) A detailed copy of updated maps depicting the
location of all cable plant in City streets, showing areas served
and locations of all trunk lines and feeder lines in the City.
This requirement shall not be deemed to require a franchisee to
make proprietary information about system electronics and design
available for copying, but franchisee shall make such information
available at its offices for inspection on reasonable City
request.
(2) A summary of subscriber or consumer complaints,
identifying the number and nature of complaints and their
disposition. Where complaints involve recurrent system problems,
the nature of each problem and the corrective measures taken
shall be identified. More detailed information on complaints
shall be submitted upon request of the City.
(3) A summary of the number of outages, number of
planned outages, number of outages during prime viewing hours,
and number of outages by duration.
(4) If the franchisee is a corporation, a list of
officers and members of the board of directors; and if the
40
franchisee or its parent corporation's stock or ownership
interests are publicly traded, a copy of its most recent annual
report.
(5) If the franchisee is a partnership, a list of the
partners, including any limited partners, and their addresses;
and if the general partner is a corporation, a list of officers
and members of the board of directors or the corporate general
partner, and the officers and directors of any parent
corporation; and where the general partner or its parent
corporation's ownership interests are publicly traded, a copy of
its most recent annual report.
(6) A list of all partners or known stockholders
holding five percent (5%) or more ownership interest in the
franchisee; provided, however, when any such entity has fewer
than ten (10).persons holding five percent (50) or greater
ownership interest, the ten (10) largest such holders.
(7) A copy of the franchisee's rules and regulations
applicable to subscribers of the cable system.
(8) A report on the number of elderly and handicapped
subscribers receiving any rate discounts and the amount of the
discounts for specific services.
41
(9) A full schedule and description of services,
service hours and location of the franchisee's customer service
office or offices available to subscribers in the City, and a
schedule of all rates, fees and charges for all services provided
over the cable system.
system;
(10) Copyright filings reflecting the operation of the
(11) FCC Forms 325 and 395 for the system, or their
successor forms;
(12) Any filing made at the FCC or any state or federal
agency regarding the system; its proof -of -performance tests; or
its RF signal leakage tests; and
• (13) Any other documents and books and records
necessary to enforce and monitor a franchisee's compliance with
the Ordinance and a franchisee's franchise agreement.
(c) A franchisee shall provide the following documents to
the City reasonably promptly after they are received or filed:
(1) Any notice of deficiency, forfeiture, or documents
instituting any investigation, civil or criminal proceeding
issued to franchisee by any state or federal agency regarding the
system.
42
(2) Any request by the franchisee or any parent of
franchisee for protection under bankruptcy laws, or any judgment
related to a declaration of bankruptcy.
(d) A franchisee shall make available at its local offices
for inspection and audit by the City those books and records
necessary for the enforcement of and monitoring of franchisee's
compliance with this Ordinance and its franchise agreement.
Such inspection and audit shall be upon reasonable notice and
during normal business hours.
(e) The City's access to a franchisee's books and records
necessary to ensure compliance with the requirements of the
franchise shall not be denied on the grounds that the information
therein is proprietary or confidential. Upon written request by
the franchisee and to the extent allowed by applicable law,
information of a proprietary nature submitted by the franchisee
to the City pursuant to this Ordinance or a franchise agreement
will not be made available for public inspection.
Section 18. Customer service requirements.
(a) A Franchisee shall comply with all FCC customer service
standards for -cable systems and cable operators, as now in effect
or hereinafter amended.
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(b) A franchisee shall maintain at least one business
office in the City open during normal.business hours, which shall
include, at a minimum, 8:00 a.m. through 5:00 p.m., Monday
through Friday, and 9:00 a.m. through 1:00 p.m., on Saturday. In
addition, a franchisee's business office shall be open in the
evening until 8:00 p.m. one week -night (between Monday and
Friday) per week as may be necessary to accommodate demand. If a
franchisee's office is open one week -night per week to meet
demand, the franchisee shall notify all subscribers and the City
of the week -night that the office is open.
(c) A franchisee shall maintain a listed local or toll-free
telephone number and employ a sufficient number of telephone
lines, personnel and answering equipment or service to allow
reasonable access by subscribers and members of the public to
contact the franchisee on a full-time basis, twenty-four (24)
hours a day, seven (7) days a week including holidays. Telephone
answering time (including hold time) shall not exceed thirty (30)
seconds. If the call needs to be transferred, transfer time
shall not exceed thirty (30) seconds. These standards shall be
met ninety percent (90U of the time. When the business office
is closed, an answering machine or service capable of receiving
and recording service complaints and inquiries shall be employed.
44
The after-hours answering service shall comply with the same
telephone answer time standard set forth in this subsection (b).
Each franchisee shall, upon request, supply statistical data to
verify it has met the standards set forth herein.
(d) A franchisee shall employ and maintain sufficient
qualified personnel and equipment to be available:
(1) to accept payments during normal business hours;
(2) to exchange or accept converters or other
equipment during normal business hours;
(3) to receive subscriber complaints or requests for
service or repairs on a full-time basis, twenty-four (24) hours a
day, seven (7) days a week; and
(4) to initiate service installations, undertake
normal repairs, and initiate action with respect to subscriber
complaints on Monday through Friday, from 8:00 a.m. to 5:00 p.m.,
and on Saturday from 9:00 a.m. through 1:00 p.m.
(e) Standard installation work shall be performed within
five (5) business days after an order has been placed except in
those instances where a subscriber specifically requests an
installation date beyond the five (5) business day period. If
scheduled installation is neither started nor completed as
scheduled, the subscriber will be telephoned by an employee of
45
the franchisee the same day. Evening personnel shall also
attempt to call subscribers at their homes between the hours of
5:30 and 8:00 p.m. If the call to the subscriber is not
0
answered, an employee of the franchisee shall telephone the
subscriber the next day.
(f) Subscribers who have experienced one (1) missed
installation or service appointment due to the fault of
franchisee shall receive installation free of charge.
(g) All appointments for service or installation shall be
specified by date. The franchisee shall offer a choice of
morning (8:00 a.m. to 12:00 p.m.), afternoon (12:00 p.m. to 5:00
p.m.) or all -day (8:00 a.m. to 5:00 p.m.) appointment
opportunities. A franchisee may not cancel an appointment with a
customer after the close of business on the business day prior to
a scheduled appointment and, if the installer is running late and
will not be able to keep the service appointment as scheduled,
the customer will be contacted and the appointment rescheduled at
the customer's convenience.
(h) Disconnection.
(1) Voluntary Disconnection.
(A) A subscriber may terminate service at any
time.
(B) A franchisee shall promptly disconnect any
subscriber who so requests from the grantee's cable system. No
period of notice prior to voluntary termination of service may be
required of subscribers by any franchisee. So long as the
subscriber returns equipment within five (5) business days of the
disconnection, no charge may be imposed by any franchisee for
such voluntary disconnection, or for any cable services delivered
after the date of disconnect request.
(C) Any security deposit and/or other funds due
the subscriber shall be refunded on disconnected accounts after
the converter has been recovered by the franchisee. The refund
process shall take a maximum of thirty'(30) days from the date
disconnection was requested to the date the customer receives the
refund.
(2) Involuntary Disconnection. If a subscriber fails
to pay a monthly subscriber or other fee or charge, the
franchisee may disconnect the subscriber's service outlet;
however, such disconnection shall not be effected until forty-
five (45) days after the due date of the monthly subscriber fee
or other charge, and unless the franchisee has given at least ten
(10) days advance written notice of intent to disconnect to the
subscriber in question. If the subscriber pays within forty-five
47
(45) days of the due date or within ten (10) days after notice of
disconnection has been given, the franchisee shall not
disconnect. After disconnection, upon payment by the subscriber
in full of all proper fees or charges, including the payment of
the reconnection charge, if any, the franchisee shall reinstate
service.
(3) At the subscriber's request, a franchisee shall
remove from the subscriber's premises all of its facilities and
equipment external to the demarcation point within thirty (30)
calendar days of the subscriber's request. Where removal is
impractical, such as with buried cable or internal wiring,
facilities and equipment may be disconnected and abandoned rather
than removed.
(i) If the City supplies information verifying the status
of mobility -limited subscribers, upon such a subscriber's
request, the franchisee shall arrange.for pickup and/or
replacement of converters or other company equipment at the
subscriber's address or else provide a satisfactory equivalent
(such as the provision of a postage -prepaid mailer).
(j) A franchisee shall have available at all times
personnel, equipment and procedures capable of locating and
correcting system malfunctions. A franchisee shall initiate
BE
corrective measures for major system malfunctions and service
interruptions promptly, and in no event later than twenty-four
(24) hours after the malfunction or interruption becomes known.
Corrective action for all other service problems shall be
initiated no later than the next business day after notification
of the service problem.
(k) A franchisee shall develop written procedures for the
investigation and resolution of all subscriber or City resident
complaints, including, but not limited to, those regarding the
quality of service and equipment malfunction, which procedures
shall be subject to the review by the City Manager. A subscriber,
or City resident who has not been satisfied by following the
franchisee's procedures may file a written complaint with the
City Manager, who will investigate the matter and, in
consultation with the franchisee as appropriate, attempt to
resolve the matter.
(1) A franchisee shall provide each subscriber at the time
cable service is installed, and at least annually thereafter,
written instructions for placing a service call, filing a
complaint, or requesting an adjustment. Each subscriber shall
also be provided with a schedule of the subscriber's rates and
charges, a copy of the service contract, delinquent subscriber
49
disconnect and reconnect procedures, and a description of any
other of the franchisee's policies in connection with its
subscribers. Copies of these instructions shall be provided to
the City.
(m) A franchisee shall provide all subscribers and the City
Manager with at least thirty (30) days advance written notice of
any changes in rates, charges, programming, channel positions, or
initiations or discontinuations of service over the cable system.
(n) A franchisee shall maintain a complete record of all
service complaints received, whether written, verbal, or
telephonic, and action taken. These records shall be maintained
in the City, and shall be available for inspection by the City
during normal business hours upon reasonable prior notice. Such
records shall be retained for at least five (5) years
(o) Except for planned service outages where subscribers
are provided reasonable notification in advance, upon a
subscriber's request a franchisee shall provide a pro -rated 24-
hour credit to the subscriber's account for any 24-hour period
after receipt of notice from a subscriber during which the
subscriber experienced an outage of service or substantial
impairment of service, whether due to a system malfunction or
other cause.
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(p) Billing.
(1) A franchisee's first billing statement after a new
installation or service change shall be pro -rated as appropriate
and shall reflect any security deposit.
(2) A franchisee's billing statement must be clear,
concise and understandable, must itemize each category of Service
and equipment provided to the Subscriber, and must state clearly
the charge therefor. It must include the name and address of the
franchisee and the franchisee's community unit number.
(3) A franchisee's billing statement must show a
specific payment due date not earlier than twenty days after the
date the statement is mailed. Any balance not received by the
due date may be assessed an administrative or account handling
fee (including those attributed to late payment) consistent with
consumer protection and usury laws of the State of Texas. The
administrative or account handling fee will appear on the
following month's billing statement.
(4) A franchisee -must notify the subscriber that he or
she can remit payment in person at the franchisee's office in the
City and inform the subscriber of the address of that office.
(5) Subscribers shall not be charged a late fee or
otherwise penalized for any failure by the franchisee, its
51
employees or contractors, including failure to timely or
correctly bill the subscriber, or failure to properly credit the
subscriber for a payment timely made.
(6) In the event of a billing dispute, the franchisee
shall waive a late fee during the period until a final resolution
of the dispute is agreed upon between the franchisee and the
City.
Section 19. Subscriber privacy.
(a) A franchisee shall at all times protect the privacy of
all subscribers pursuant to the provisions of Section 631 of the
Cable Act, 47 U.S.C. § 551 and any other applicable provisions of
federal or state law.
Section 20. Discrimination prohibited.
(a) No franchisee may in its rates or charges, or in the
availability of the services or facilities of its system, or in
any other respect, make or grant undue preferences or advantages
to any subscriber, potential subscriber, or group of subscribers
or potential subscribers, nor subject any such persons or group
of persons to any undue prejudice or any disadvantage, provided,
however, that nothing herein shall be construed to prevent a
franchisee from maintaining separate schedules of rates for
52
reasonably identifiable separate classes of subscribers or from
offering promotional rates from time to time.
(b) A franchisee shall not deny cable service to any
potential subscriber because of the income of the residents of
the area in which the subscriber resides.
Section 21. Use of Streets.
(a) All wires, cable lines, other transmission lines,
amplifiers, pedestals, equipment and structures shall be
installed and located to cause minimum interference with the
rights and convenience of property owners. The City may issue
such rules and regulations concerning the installation and
maintenance of a cable system installed in, on, or over the
Streets, as may be consistent with this Ordinance and other
applicable law and generally applicable to all similarly situated
users of the Streets.
(b) All safety practices required by law shall be used
during construction, maintenance and repair of a cable system. A
franchisee shall not place facilities, equipment or fixtures
where they will unreasonably interfere with any gas, electric,
telephone, water, sewer or other utility facilities, or obstruct
or unreasonably hinder in any manner the various utilities
53
serving the residents of the City use of any Street or any other
public right of way.
(c) A franchisee shall at all times maintain and keep in a
good state of repair all of its cable system equipment, property
and facilities.
(d) A franchisee shall use existing poles, conduits, and
other facilities whenever possible, and shall not construct or
install any new, different or additional poles, conduits, or
other facilities, whether on public property or on privately
owned property, unless and until first securing the written
approval of the City Manager, such approval not to be
unreasonably withheld.
(e) Whenever a franchisee does not use existing poles,
conduits and other facilities, or whenever existing conduits and
other facilities shall be.located beneath the surface of the
Streets, or whenever the City shall undertake a program designed
to cause all conduits and other facilities to be located beneath
the surface of the Streets in any area or throughout the City, in
the lawful exercise of its police power or pursuant to the terms
hereof, upon reasonable notice to the franchisee, any such
conduits or other facilities of franchisee shall be constructed,
installed, placed, or replaced beneath the surface of the
54
Streets. Any construction, installation, placement, replacement,
or changes which may be so required shall be made at the expense
of the franchisee, whose costs shall be determined as in the case
of public utilities.
(f) Subject to any applicable state.or federal regulations
or tariffs, the City shall have the right to make additional use,
for any lawful purpose, of any poles, conduits, or other similar
facilities owned exclusively by a franchisee in any Street,
provided that: (i) such use by the City does not interfere with
the current or future use of such facilities by a franchisee; and
(ii) the City shall take reasonable precautions to prevent any
use of the Franchisee's poles, conduits, or equipment in any
manner that results in inappropriate use thereof, or any loss or
damage to the Cable System.
(g) In those areas of the City where the.transmission of
distribution facilities or the respective public utilities
providing telephone, communication and electric services are
underground, or hereafter are placed underground, a franchisee
likewise shall construct, operate and maintain all of its
transmission and distribution facilities underground. The term
"underground" shall include a"partial underground system;
provided, that upon obtaining the written approval of the City
55
Manager (such approval not to be unreasonably withheld),
amplifiers and other related equipment in a franchisee's
transmission and distribution lines which must be placed above
ground may be placed in appropriate pedestals upon the surface of
the ground.
(h) A franchisee, at its expense, shall, within thirty (30)
days of written notice, protect, support, temporarily disconnect,
relocate, or remove any property of franchisee when, in the
reasonable opinion of the City Manager, the same is required by
reason of traffic conditions, public safety, street vacation,
freeway or street construction; change or establishment of street
grade, installation of sewers, drains, waterpipes, power line,
signal line, transportation facilities, tracks, or any other type
of structure or improvements by governmental agencies, whether
acting in a governmental or a proprietary capacity, or any other
structure or public improvement, including but not limited to
movement of buildings, urban renewal and redevelopment, and any
general program under which the City shall undertake to cause all
such properties to be located beneath the surface of the ground.
A franchisee shall in all cases have the privilege, subject to
the corresponding obligations, to abandon any property of
franchisee in place, as herein provided.
56
(i) Upon the failure, refusal, or neglect of franchisee to
cause any work or other act required by law or under this
Ordinance to be properly completed in or over or under any Street
within any time prescribed therefor, or upon notice given, where
no time is prescribed, the City Manager may cause work or other
act to be completed in whole or in part, and upon so doing shall
submit to the franchisee an itemized statement of the reasonable
costs thereof, including all additional incidental costs incurred
as a result of franchisee's failure to undertake work within the
time period specified. The franchisee shall, within thirty (30)
days after receipt of such statement, pay to the City the entire
amount thereof.
(j) A franchisee shall obtain any required permits before
causing any disturbance or damage to private property or the
Streets as a result of its construction or operations. Upon
completion of any work, a franchisee shall restore such property
to its former condition. If such restoration is not performed in
a reasonable and satisfactory manner within five (5) business
days, the City, or the private property owner may,,after prior
written notice to the franchisee, cause the repairs to be made at
the reasonable expense of the franchisee.
57
W A franchisee shall not leave or install any cables
across the surface of the ground or any Street but shall promptly
bury any such cable within five (5) working days of its
placement.
(1) In the event that:
(1) The use of any substantial and material part of
the system of franchisee is discontinued for any reason (other
than an Act of God or other similar reason beyond franchisee's
control) for a continuous period of ninety (90) days, without
written notice to and approval by the City, such approval not to
be unreasonably withheld; or
(2) Any part of such system has been installed in any
Street or other area without substantially complying with the
material requirements of the franchise; or
(3) Any franchise shall be lawfully terminated,
revoked, canceled or shall expire and renewal be lawfully denied,
then the franchisee shall, at the option of the City, and at the
expense of franchisee and at no expense to the City, and upon
reasonable demand of the City, promptly remove from any Streets
or other area all property of franchisee, and franchisee shall
promptly restore the Streets or other area from which such
58
property has been removed to such condition as reasonably existed
prior to distributing such property.
(m) The Council may, upon written application therefor by a
franchisee, approve the abandonment of any of such property in
place by franchisee and under such terms and conditions as the
Council may reasonably prescribe. Upon abandonment of any such
property in place, franchisee shall cause to be executed,
acknowledged, and delivered to the City such instruments as are
reasonably necessary, transferring'and conveying the ownership of
such property to the City.
Section 22. Enforcement remedies.
(a) In addition to the remedy set forth in paragraph (c)
hereof, the City may invoke any one or combination of the
following remedies in the event a franchisee violates this
Ordinance or its franchise agreement, subject to reasonable
notice and an opportunity to cure as set forth in a franchise
agreement.
(1) Impose liquidated damages in such amount, whether
on a per -diem, per -incident, or other measure of violation, as
provided in the franchise agreement. Payment of liquidated
damages by the franchisee will not relieve the franchisee of its
59
obligation to comply with the franchise agreement and this
Ordinance.
(2) Revoke the franchise pursuant to the procedures
specified in Section 25 hereof.
(b) In determining what remedy is appropriate, the City
shall take into consideration the nature of the violation, the
person or persons bearing the impact of the violation, the nature
of the remedy required in order to prevent further violations,
and such other matters as the City determines are appropriate to
the public interest.
(c) The City may seek legal or equitable relief from any
court of competent jurisdiction.
(d) Failure of the City to enforce any requirements of a
franchise agreement or this Ordinance shall not constitute a
waiver of the City's right to enforce that violation or
subsequent violations of the same type or to seek appropriate
enforcement remedies.
(e) The franchisee shall not be held in default or
noncompliance with the provisions of its franchise agreement or
this Ordinance, nor suffer any enforcement or penalty relating
thereto, where such noncompliance or alleged defaults are caused
by acts of God, power outages, or other events reasonably beyond
the franchisee's ability to control, provided that a franchisee
takes all reasonable measures to cure the noncompliance as soon
as practicable and provided, further, that the franchisee shall
not be'excused by mere economic hardship nor by misfeasance,
malfeasance or nonfeasance of its directors, officers, employees,
agents or contractors.
Section 23. Renewal of franchise.
(a) Renewal of a franchise shall be governed by and comply
with the provisions of Section 626 of the Cable Act as amended
unless preempted or superseded by subsequent provisions of
federal or state law.
(b) If renewal of a franchise is lawfully denied, and,
provided that franchisee agrees to continue to provide service
pursuant to Section 27(b) hereof, upon the franchisee having been
given a reasonable period of time to remove its system, sell its
system (provided that no purchaser of the system shall thereby be
deemed to have the right to occupy the streets or provide cable
service without complying with Section 8 hereof), or to provide
the City with notice of abandonment of its system, the City may
acquire ownership of the cable system or effect a transfer of
ownership of the system to another person upon approval of the
M
City Council. Any such acquisition or transfer shall be at fair
market value, determined on the basis of the cable system valued
as a going concern but with no value allocated to the franchise
itself .
(c) If renewal of a franchise is lawfully denied and the
franchisee does not remove or sell its system pursuant to
subsection (b) hereof, and the City does not purchase the cable
system or approve or effect a transfer of the cable system to
another person, the City may require the former franchisee to
remove its facilities and equipment at the former franchisee's
expense. If the former franchisee fails to do so within a
reasonable period of time, the City may have the removal done at
the former franchisee's and/or surety's expense, provided,
nothing herein shall prevent the City from approving abandonment
of parts or all of the system upon written request of the
franchisee.
Section 24. Transfers.
(a) No transfer of a franchise (other than a pro forma
transfer) shall occur without prior approval of the City Council.
(b) Procedures for Transfers that are not Pro Forma.
The following procedures shall be followed by a franchisee
in requesting the City's consent to a transfer of its franchise
that is not a pro forma transfer.
(1) At least one hundred twenty (120) calendar days
prior to the contemplated effective date of a transfer,
franchisee shall submit to the City an application for approval
of the transfer. Such an application shall include all
information and forms required under federal law, all information
required by Section 24(b)(3) hereof, and any information required
by a franchisee's franchise agreement.
(2) The City may request specific follow-up
information consistent with the informational requirements of the
FCC and other applicable law about a proposed transfer if such
additional information is reasonably necessary for the City to
make its determination pursuant to paragraph (d) hereof.
(3) An application for a transfer of a franchise shall meet
the requirements of Section 8 hereof, provide a description of
the proposed transaction, a showing of the legal, financial, and
technical qualifications of the proposed transferee, and a
description of the anticipated potential impact of the proposed
transfer on subscriber rates and service. At a minimum, the
information required in subsections 8(e)(1) -(e)(5) and (e)(14)
63
hereof shall be provided with respect to the proposed transferee.
The information required in subsections 8(e)(6) -(e)(13) hereof
shall also be provided if the proposed transferee expects
material changes to occur in those areas.
(c) Procedures for Pro Forma Transfers.
A pro forma transfer of a franchise shall not require prior
City approval so long as:
(1) the City is notified of the pro forma transfer no
later than (30) days after the transfer is consummated;
(2) the transferee shall insure that insurance
coverage and all other commitments under the Franchise Agreement
continue in force and without interruption and provide evidence
of the same to -the City no later than thirty (30) days after the
consummation of transfer; and
(3) there is no increased risk of liability to the
City or risk of.non-performance of the terms of the franchise's
Franchise Agreement.
(d) In making q determination on whether to grant an
application for a transfer of a franchise, the City Council shall
consider the legal, financial, and technical qualifications of
the proposed transferee to operate the system; whether the
incumbent franchisee is in compliance with its franchise
64
agreement and this Ordinance and, if not, the proposed
transferee's commitment to cure such noncompliance; and whether
operation by the transferee would adversely affect cable services
to subscribers, or otherwise be contrary to the public interest.
(e) No application for a transfer of a franchise shall be
granted unless the transferee agrees in writing that it (or,
where applicable, the new franchisee) will abide by and accept
all terms of the franchise agreement, and that it (or, where
applicable, the new franchisee) will assume the obligations and
liabilities of the previous franchisee under the franchise
agreement.
(f) Approval by the City of a transfer of a franchise does
not constitute a waiver or release of any of the rights of the
City under this Ordinance or the franchise agreement, whether
arising before or after the date of the transfer.
Section 25. Revocation or termination of franchise.
(a) A franchise may be revoked by the City Council for the
franchisee's substantial failure to construct, operate or
maintain the cable system as required by the material provisions
of the franchise agreement, or for any other material breach of
the franchise agreement. If within thirty (30) calendar days
65
following written notice from the City to the franchisee
specifically stating the material breach of the franchise
agreement, the franchisee has not taken corrective action or
corrective action is not being actively and expeditiously
pursued, the City may give written notice to the franchisee of
its intent to consider revocation of the franchise, stating its
reasons.
(b), (1) No earlier than thirty (30) days after the notice
given under subsection (a), the City shall conduct a hearing in
which the franchisee and the City shall be afforded a fair
opportunity for full participation, including the right to be
represented, to introduce relevant evidence, to require the
production of evidence, to compel the relevant testimony of
officials, agents, employees or consultants of the other, to
compel the testimony of other persons, and to question witnesses.
The City and the franchisee shall attempt to select jointly a
third party to conduct the hearings described above. If the
parties are unable to agree upon a single hearing officer, each
shall select one officer and the two officers so selected shall
select a third officer. The costs of any such hearing officer(s)
shall be borne equally by the City and the franchisee.
W.
(2) At the completion of a proceeding under section
(b)(1), the administrative hearing officer(s) shall issue a
written decision determining whether revocation is justified
under the terms hereof and the franchisee's franchise agreement,
and shall transmit a copy of the decision to the City and to the
franchisee. After a public hearing at which the public and the
franchisee may participate, the City Council may then adopt,
reject or modify the decision of the hearing officer(s), and
shall issue a written statement setting forth the reasons for its
actions. Franchisee shall be bound by the City Council's
decision, unless it appeals the decision within sixty (60) days
of the date it is issued, and under the terms of subsection
(b) (3) .
(3) If the Franchisee is adversely affected by the
decision of the City Council, it may file an appropriate action
in any court of competent jurisdiction. For purposes of that
action, the franchisee and the City shall stipulate that the
record of the administrative hearing -and the decisions of the
administrative hearing officer(s) and the City Council shall
constitute the entire factual record. Franchisee shall be
entitled to such relief as the court deems appropriate if (1) the
franchisee demonstrates that the action of the City was not
67
supported by a preponderance of the evidence, based on the
stipulated record; or (ii) if the court finds the City's actions
were not in compliance with the procedural requirements of this
subsection (b).
(c) Subject to applicable law, any franchise may, at the
option of the City following a public hearing before the City
Council, be revoked one hundred twenty (120) calendar days after
an assignment for the benefit of creditors or the appointment of
a receiver or trustee to take over the business of the
franchisee, whether in a receivership, reorganization, bankruptcy
assignment for the benefit of creditors, or other action or
proceeding, unless within that one hundred twenty (120) day
period:
(1) Such assignment, receivership or trusteeship has
been vacated; or
(2) Such assignee, receiver or trustee has fully
complied with the terms and conditions of this Ordinance and the
franchise agreement and has executed an agreement, approved by a
court having jurisdiction, assuming and agreeing to be bound by
the terms and conditions of this Ordinance and the franchise
agreement.
(d) In the event of foreclosure or other judicial sale of
any of the facilities, equipment or property of a franchisee, the
City may revoke the franchise, following a public hearing before
the City Council, by serving notice upon the franchisee and the
successful bidder at the sale, in which event the franchise and
all rights and privileges of the franchise will be revoked and
will terminate thirty (30) calendar days after serving such
notice, unless:
(1) The City has,approved the transfer of the
franchise to the successful bidder; and
(2) The successful bidder has covenanted and agreed
with the City to assume and be bound by the terms and conditions
of the franchise agreement.
(e) If the City lawfully revokes a franchise, and, provided
that franchisee agrees to continue to provide service pursuant to
Section 27(b) hereof, upon franchisee having a reasonable period
of time to remove its system, sell its system (provided that no
purchaser of the system shall thereby be deemed to have the right
to occupy the streets or provide cable without complying with
Section 8 hereof), or to provide the City with notice of
abandonment of its system, the following procedures and rights
are effective:
(1) The City may require the former franchisee to
remove its facilities and equipment at the former franchisee's
reasonable expense. If the.former franchisee fails to do so
within a reasonable period of time, the City may have the removal
done at the former franchisee's reasonable expense.
(2) The City, by resolution of the City Council,
subject to Section 627 of the Cable Act and other applicable law,
may acquire ownership or effect a transfer of the cable system at
an equitable price.
(3) If a cable system is abandoned by a franchisee,
the City may sell, assign or transfer all or part of the assets
of the system.
(f) The City may, upon resolution of the City Council,
acquire ownership of and operate a cable system, whether or not
such ownership is acquired following revocation or forfeiture of
a franchise.
(g) Where the City has issued a franchise specifically
conditioned in the franchise agreement upon the completion of
construction, system upgrade or other specific obligation by a
specified date, failure of the franchisee to complete such
construction or upgrade, or to comply with such other specific
obligation as required will result in the automatic forfeiture of
70
the.franchise without further action by the City where it is so
provided in the franchise agreement, unless the City, at its
discretion and for good cause demonstrated by the franchisee,
grants an extension of time.
Section 26. Arbitration.
(a) No matter or dispute between the City and the
franchisee relating to this Ordinance or a franchise agreement
may be arbitrable unless specifically provided for in the
franchise agreement. Any matter that is arbitrable under the
specific provisions of a franchise agreement may be subjected to
the arbitration procedures set forth in subsection (b) below.
(b) The arbitration procedure employed shall be consistent
with the rules and procedures of the American Arbitration
Association. The City and the franchisee will each select a
qualified arbitrator. The two (2) persons selected shall select
a third qualified arbitrator, and the three (3) arbitrators will
constitute a panel whose decision is binding on the City and the
franchisee. The fees of the first two (2) arbitrators shall be
paid by the party selecting such person, and the third person
shall be compensated one-half by the City and one-half by the
71
franchisee. The general costs of the proceeding shall be shared
equally by the City and the franchisee.
Section 27. Continuity of service mandatory."
(a) It is the right of all subscribers to receive all
available services from the franchisee as long as their financial
and other obligations to the franchisee are satisfied.
(b) In the event of a lawful termination or transfer of a
franchise for whatever reason, the franchisee shall make all
reasonable efforts to ensure that all subscribers receive
continuous, uninterrupted service. The City may request and the
franchisee may agree to continue to operate the system for a
temporary period following lawful termination or transfer as
necessary to maintain continuity of service to all subscribers,
provided, however, that neither the City nor the franchisee shall
be deemed to have waived any rights they may have by reason of
such continued operation. The temporary period will not exceed
six (6) months without the franchisee's written consent. During
such period the cable system shall be operated under such terms
and conditions set forth in the franchise agreement between the
City and the franchisee.
Section 28, Rates.
72
(a) The City may regulate a franchisee's rates for the
provision of basic cable service and equipment to the maximum
extent permitted by applicable law, and may do so by separate
ordinance, or in any other lawful manner.
(b) Nothing in this Ordinance shall prohibit the City from
regulating rates for cable services to the maximum extent
permitted by law.
(c) Regardless whether the City regulates rates for cable
services, a franchisee may not change its rates and charges
unless it has first given a minimum thirty (30) calendar days
prior written notice of such change to the City and to all
subscribers, unless such notice is preempted by federal law.
Section 29. Performance evaluation.
The City may conduct periodic performance evaluations -of a
franchisee as the City determines is necessary, but no more often
than annually. A franchisee shall cooperate with these
evaluations. If the City implements a survey of cable
subscribers in connection with a performance evaluation, the City
may require a franchisee to distribute the City's questionnaire
to its subscribers at the City's expense. The franchisee shall
cooperate with the City to develop such a questionnaire.
73
Section 30. Administration.
(a) The City Manager, either directly or through a duly
appointed designee, shall have the responsibility for overseeing
the day-to-day administration of this Ordinance and franchise
agreements. The City Manager shall be empowered to take all
administrative actions on behalf of the City, except for those
actions specified in this Ordinance that are reserved to the City
Council. The City Manager may recommend that the Council take
certain actions with respect to the franchise. The City Manager
shall keep the Council apprised of developments in cable and
provide the Council with assistance, advice and recommendations
as appropriate.
(b) The City Council shall have the sole authority to
regulate rates for cable services, grant franchises, authorize
the entering into of franchise agreements, modify franchise
agreements, renew franchises, revoke franchises, and authorize
the transfer of a franchise.
Section 31. Applicability.
This Ordinance shall be applicable to all cable franchises
issued by the City, to the full extent permitted by state and
federal law.
74
Section 32. Municipal cable system ownership authorized.
(a) To the full extent permitted by law, the City may
construct, own, and/or operate a cable system.
(b) Nothing in this Ordinance shall be construed to limit
in any way the ability or authority of the City to construct,
own, and/or operate a cable system to the full extent permitted
by law.
Section 33. Reservation of rights.
(a) The City reserves the right to amend this Ordinance as
it shall find necessary in the exercise of its lawful police
powers.
(b) The City shall at all times have the right, upon
reasonable notice and during normal business hours, to examine
and copy a franchisee's records and to inspect a franchisee's
facilities to the extent needed to monitor a franchisee's
compliance with and performance under this Ordinance, the
franchisee's franchise agreement, and applicable state and
federal law.
Section 34. Citizens, Advisory Committee.
(a) There is hereby established a Citizens' Advisory
Committee ("Committee") for the purpose of advising and making
75
recommendations to the Council on cable television and
telecommunications -related matters, and of gathering information
and public input on such matters. The Committee shall serve an
advisory, information -gathering and reporting function only, and
shall have no authority to make any binding decisions with
respect to the rights or obligations of a franchisee, the City or
any subscriber.
(b) The Committee shall be comprised of seven (7) members
appointed by the Council, designated Seat 1 through Seat 7. All
Committee members must be residents of the City, and none may be
employed by a franchisee or any affiliate of a franchisee.
Council shall appoint members to Seats 1, 3, 5 and 7 in odd -
numbered years, and appoint members to Seats 2, 4 and 6 in even -
numbered years. Except as necessary to comply with the foregoing
on the initial appointment of members, all appointments shall be
for a term of two (2) years. If any Committee member resigns or
is unable or unwilling to fulfill his or her term, the Council .
shall promptly appoint a successor to complete the departing
member's term. The Council may, in its discretion, reappoint a
person to one or more successive terms.
(c) Upon appointment of the Committee, the Committee shall
select individuals from among its members to serve as Committee
76
Chair, Committee Vice Chair, and Committee Secretary. The
Committee shall adopt by-laws and such other rules and procedures
as it reasonably determines are necessary to carry out its
duties. The Committee's by-laws will be subject to approval by
the Council. The Committee shall meet as often as necessary to
fulfill its duties, providing adequate public notice of same. At
a minimum, the Committee must meet at least bi-annually, and
shall file with the Council a written report of its activities at
least biannually.
(d) (1) The Committee may perform the following functions:
(A) Provide advice to the Council on cable
television and telecommunications -related matters and changes in
applicable law and technology;
(B) Review, hold hearings and make reports to
Council concerning a franchisee's compliance with this Ordinance
and the terms of its franchise agreement;
(C) Provide a public forum for residents and
interested parties to provide comments about or make complaints
about cable service or a franchisee's performance;
(D) Develop rules for use of public, educational
and/or governmental access channels; and
77
(E) Communicate, meet and exchange information
with other jurisdictions and other groups concerning cable
television and other telecommunications services and technologies
and possible system interconnections.
(2) The Committee may not perform any functions or
duties prohibited by Section 34(a) hereof or reserved to the City
Council or the City Manager by Section 30 hereof.
Section 35. Repeal of Conflicting Ordinances.
All preexisting ordinances or parts thereof conflicting or
inconsistent with the provisions of this Ordinance are hereby
repealed; provided, however, that nothing in this Ordinance shall
be interpreted or construed to terminate or revoke the grant and
subsequent amendment of a cable television franchise by City
Ordinances No. 247 and No. 291, until or unless the aforesaid
ordinances are superseded or repealed and a franchise agreement
is entered into pursuant to this Ordinance.
Section 36. Severability.
If any part, section, subsection, or other portion of this
Ordinance or any application thereof to any person or
circumstance is declared void, unconstitutional or invalid for
any reason, such part, section, subsection, or other portion, or
W
the prescribed application thereof, shall be severable, and the
remaining provisions of this Ordinance, and all applications
thereof not having been declared void, unconstitutional or
invalid, shall remain in full force and effect. The City
declares that no invalid or prescribed provision or application
was an inducement to the enactment of this Ordinance, and that it
would have enacted this Ordinance regardless of the invalid or
prescribed provision or application.
Section 37. Posting and Effective Date.
The City Secretary shall cause this Ordinance to be
published in a manner prescribed by law and this Ordinance shall
become effective on the date of its adoption.
PASSED, APPROVED AND ADOPTED in Regular Council Session this
20th day of July, 1995.
CITY OF ALLEN TEXAS
- 9�W��
BY:
Mayor
79
ATTEST:
C 0` —
y Se etary
APPROVED AS TO FORM BY:
City Attorney
:e
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally
appeared DEBBIE TACKETT, who having been by me duly sworn,
on oath deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a
newspaper published in COLLIN COUNTY, TEXAS, not less frequently than
once a week, having a general circulation in said county, and having been
published regularly and continously for more than twelve (12) months
prior to publishing
Ordinance #1340-6-95
of which the attached is a true and written copy, and which was published
in THE ALLEN AMERICAN on
July 26 & July 29,1995
and which was issued on
July 26,1995
by C i t y O f A 11 e n I of COLLIN COUNTY, TEXAS
A printed copy of said publi ' n is attached hereto.
(:% . r
SUBSCRIBED ANDORN to before me this //�� _
day , A.D. 19 `9:
NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS
CITY OF ALLEN I
PUBLIC NOTICE
Publisher's fee $ 2 0 . 2 6 I
Notice is hereby given that the Allen City
theIlordinance
on
mThursday,
thinheld
July 20, 1995 (Title Only):
Ordinance No. 1340-6-95: An Ordinance
Allen, Texas, Governing the
'r. = V. A TODD
of the City of
Granting of Franchises for, and the Instal -
''i MY COMMISSION EXPIRES
�r ;..
ration and Reg-
lation, Construction, operation
Systems in the
• r
o, ; ;.• December 5, 1996
ulation of, Cable Television
City of Allen.
fA copy of this ordinance may be read or
purchased in the office of the City Secret-
Allen, One Butler Circle, Allen,
ary, City of
Texas 75013.
CITY OF ALLEN
/s/ Judy Morrison
PUBLIC NOTICE
City Secretary _.
Notice is hereby given that the Allen City
Council adopted the following ordinance at
their regular meeting held on Thursday,
July 20, 1995 (Title Only):
Ordinance No. 1340-6-95: An Ordinance
of the City of Allen, Texas, Governing the
Granting of Franchises for, and the Instal-
lation, Construction, Operation and Reg-
ulation of, Cable Television Systems in the
City of Allen.
A copy of this ordinance may be read or
Purchasedin the office of the City Secret-
ary, City of Allen, One Butler Circle, Allen
Texas 75013. ,
/s/ Judy Morrison
I
-City_ Secretary_