Loading...
HomeMy WebLinkAboutORD 72-14 - Cable System Permit294 AN ORDINANCE OF THE CITY OF GEORGETOWN, TEXAS, GRANTING TO WILLIAMSON COUNTY CABLEVISION CORP., AND ITS SUCCESSORS AND ASSIGNS, A PERMIT TO LOCATE, CONSTRUCT, MAINTAIN, AND OPERATE A CABLE TELEVISION SYSTEM IN COMPLIANCE WITH FEDERAL RULES AND REGUL- ATIONS IN THE CITY OF GEORGETOWN, TEXAS, AUTHORIZING THE USE, RIGHT AND PRIVILEGE, POWER, AND AUTHORITY TO CONSTRUCT, MAINTAIN, OPERATE, IN,OVER AND ACROSS THE STREETS, AVENUES, PARKWAYS AND PUBLIC PLACES THE NECESSARY EQUIPMENT FOR THE OPERATION OF SUCH SYSTEM IN THE CITY OF GEORGETOWN, TEXAS: PROVIDING FOR THE REGULATION THEREOF: PROVIDING FOR THE PROPER INSUR- ANCE AND PERMIT FEES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: SECTION l: There is hereby granted by the City of Georgetown, Texas, (hereinafter called CITY), to Williamson County Cablevision Corp., and its successors and assigns, the right and the privilege, for a period of ten (10) years from the effective date of this Ordinance, to construct, erect, maintain, and operate a Cable Television System in the City of Georgetown, Texas. The CITY hereby grants the company the right and privilege to install all necessary wiring, cables, poles, -underground conduits, and other apparatus for the purpose of operating and extending to the citizens of Georgetown, Texas, and the inhabitants thereof, a Cable Television System for the reception and dis- tribution of television signals and energy, frequency modulated radio signals, and non-commercial visual and aural signals, as governed by the Federal Commun- ications rules and regulations. The right herein granted shall extend to any area annexed to the City of Georgetown, subject to such restrictions as are hereby imposed and as may be hereafter imposed by law. SECTION 2: The surface of any street, alley, highway or public place disturbed by the GRANTEE in building, constructing, renewing or maintaining its plant and system shall be restored within a reasonable time after'completion of the work to as good a condition as before the commencement of the work. No street, alley, highway,, or public place shall be encumbered for a longer period than shall be necessary to execute the work. the GRANTEE shall not disturb the surface of any street for the purpose of any construction without first obtain- ing authority to do so from the CITY. SECTION 3: The GRANTEE shall, at all times, make and keep full and complete plats, maps and records showing the exact location of all towers, poles, lines, cables, and other equipment and facilities located and used by the GRANTEE in the City of Georgetown, Texas in connection with such system. SE.'CTION 4: The GRANTEE shall defend the CITY against any lawful claim of injury to any property caused by the GRANTEE in the construction or operation of its property; and in the event of such determination of such liability shall indemnify the CITY. The GRANTEE herein, its successors and assigns, shall indemnify and hold harmless the CITY of Georgetown, Texas, from any and all liabilities, claims, demands, or judgments growing out of any injury to any person or property as the result of the violation or failure on the part of the GRANTEE, its successors and assigns, to observe its proper duty, or because of negligence in whole or in part arising out of construction, repair, extens- ion, maintenance or operation of its equipment of any kind or character used in connection with this permit. SECTION 5: All installation of equipment nature, durable and installed in accordance with good engineering practice, and of sufficient height to comply with all existing CITY Regulations, Ordinances and State Laws so as not to interfere with the travel and use of public places by the public, and during the con- struction, repair or removal thereof, shall not obstruct or impede traffic. SECTION 6: The City of Georgetown, Texas, reserves the right of reasonable regulation of the erection and construction of any work by the GRANTEE and to reasonably desig- nate where such works and construction are to be placed. The GRANTEE shall, when requested by the CITY, make minor changes in its equipment to conform to the reasonably necessary requirements of small localized areas. Such changes shall be effected within a reasonable time after request is made. SECTION 7• The GRANTEE shall, prior.to commencing its installation, procure and furnish and file with the City Clerk, the following insurance policies: a) Workmen's Compensation Insurance in accordance with the laws of the State of Texas. b) Public Liability and Automobile Liability Insurance with limits of not less than $100,000.00 on any one person and $300,000.00 for any one accident. c) Property Damage Insurance with a limit of not less than $5,000.00 for any accident. SECTION 8: This permit may be forfeited by the CITY upon the failure or refusal of the R14 GRANTEE, its successors and assigns, to observe the terms and provisions of this per - 0 mit. Such forfeiture may be exercised by service of notice upon the GRANTEE spec- ifying with particularity the acts pr omissions of GRANTEE deemed to be a vio- lation of the provisions hereof, and if GRANTEE shall not eliminate, cure or obviate such failure or violation within ninety (90) days after such notice, this permit shall thereupon terminate or be forfeited. SECTION 9: The GRANTEE herein shall pay to the City of Georgetown, Texas, as compensation for the rights and privileges enjoyed hereunder, a sum equal to 3% of its total gross receipts received by GRANTEE from its customers within the City of George- town, Texas, provided, however, that the amount of any Federal Excise Tax levied or assessed in respect to GRANTEE'S operations shall be excluded from its total gross receipts for the.purpose of calculating the permit fees herein provided. Such fee shall be paid annually and the payment thereof shall be due on or before the first day of January of each year for the preceding year. Payment of the fees herein provided shall be in lieu of any other tax or increased rate of tax, or other imposed assessment or charges except ad valorem taxes. In addition, GRANTEE shall pay to the City of Georgetown, Texas, the sum of $2.50 per year as rental for each light, power and/or telephone pole owned by the City of Georgetown, Texas, to which is attached electrical or other apparatus owned by GRANTEE. The City of Georgetown, Texas, hereby agrees to accept such payment as a fair and equitable rent for the use of said poles and to allow GRANTEE to use any of the poles so owned by the City of Georgetown, Texas, so long as such use does: not constitute a hazard of any nature and does not interfere with the intended use of said poles. Such rental shall be payable annually on or before the first day of January of each year for the preceding year. SECTION 10: SIGNAL"CARRIAGE The GRANTEE must provide all television signals, as defined'by the Federal Communications Commission's Rules, under Section 76.251 relating to non -broadcast activities, specifically, a) The system will operate with at least 120 kHz of bandwidth in compliance with Rule Section 76.251 (a) (1); b) The system will provide bandwidth for non -broadcast used equivalent to the bandwidth used for broadcast purposes in compliance with Rule Section 76.251 (a) (2); c) The system will expand channel capacity as existing channel availability is exhausted, in compliance with Rule Section 76.251 (a) (8); d) The system will dedicate one free; non-commercial public access channel available at all times on a first-come, first -serve, non-discriminatory basis pursuant to the Commission's standards and to more detailed rules which will be adopted by the system; e) The system will have available production facilities for public use in connection with a public access channel in compliance with Rule Section 76.151 (a) (4); f) The system will allocate one channel each for local government and local educational use, available without charge during the first five years 296 after completion of the system's basic trunk line in compliance with Rules Section 76.251 (a) (5) and (a) (6); , g) The system will.offer all excess channel capacity for leased access services; h) The system will have the capacity for two-way nonvoice return communications in compliance with Rule Section 76.251 (a) (3); i) The system will exercise no control over program content except to the extent necessary to insure compliance with the operating rules described in Section 76.251 (a) (11) of the Commission's rules. SECTION 11• RATES a) The rates and charges to residential and commercial users of the CATV System shall'be those as shown on Schedule A. Said schedule shall be filed with CITY and shall be available for inspection by the public and residents of the CITY. Any chanM-The in.r te s edule mus have io congent of'the City Council* but only afteranaopriaapuisproceedingsaoringdueprocess. determination of the GRANTEE'S hates shall be subject to the Rules and Regulations of any State or Federal authority which may subsequently, by due process of law, acquire jurisdiction over this type of industry or enter- prise. SECTION 12: OTHER BUSINESS ACTIVITIES a) The GRANTEE shall render efficient service, make repairs promptly, and inter- rupt service only for good cause and for the shortest time possible. b) The GRANTEE shall provide an office in the city which shall be open during all usual business hours, have a listed telephone, and be so operated that complaints and requests for repairs or adjustments may be received. c) In the case of any emergency or disaster, the GRANTEE shall, upon request of of the City Commission, make available its facilities to the CITY for emergency use during the emergency or disaster period. d) The GRANTEE shall not engage in the business of selling, or servicing tele- vision receivers. e) Upon termination of service to any subscriber, the GRANTEE shall promptly remove all its facilities and equipment from the premises of such subscriber upon his request, without cost to the subscriber. SECTION 13: TECHNICAL STANDARDS The Technical Standards of the GRANTEE'S cable system shall meet or surpass the Federal Communications Commission's Rules, as outlined in Subpart K. This will in- clude the following: Section 78.601 Performance Tests, as outlined in Paragraphs A through D. Section 76.605 Covering Technical Standards, as outlined in Paragraph 1 through 12. Section 78.609 Measurements, as outlined in Paragraph A through H. Section 76.613 Interference from CATV System. Section 76.617 Responsibility for receiver -generated interference. SECTION 14: The GRANTEE agrees it will start construction of its Cable System no later than six (6) months from the date hereof, and that the entire city will be wired and GRANTEE to be in business within twelve (12) months from the date construction is started, or the franchise to be void. SECTION 15: r GRANTEE shall have ninety (90) days after final passage of this Ordinance in which to file its written acceptance thereof with the City Secretary, and upon such acceptance being filed this Ordinance shall take effect and be in force from and after the date of its passage and shall effectuate and make binding the Agreement Contained herein, but notwithstanding this provision, the provisions of Section 14 shall apply fully. SECTION 16: If any section, sentence, clause or phrase of the Ordinance is for any reason held illegal, invalid, or unconstitutional, such invalidity shall not effect the 297 validity of the Ordinance and any portions in conflict are hereby repealed. SECTION 18: (Section 17 - Ordinance Book #2 - Page 300) This Franchise shall not be assignable without approval of a simple majority of the Georgetown City Council. The passage of this Ordinance being necessary for the expedient dispatch of the CITY'S business, same shall be effective from and after the date of,its pass- age. The nature of the emergency being to make possible an immediate application for Federal Communication Commission approved by GRANTEE. PASSED by unanimous vote thio 11th day of Sentember. 1972. ATTEST: 00, Az..*4; p Claud Eads, City Secre ary n SCHEDULE A grim O TYPE OF SERVICE INSTALLATION MONTHLY SERVICE L'7 CHARGE CHARGE V V 1. RESIDENTIAL (Single Family) Installation, 10.00 5.95 first outlet (Waived during construction period) Installation, additional outlets (Waived if ordered with first installation) 5.00 1.00 Reconnection Charge,Transfer,Relocation 5.00 Each of outlets 2. HOTEL & MOTU, Installation all outlets, Time & Material 5.95 Monthly service, first outlet 1.00