Loading...
OR 93-615 Franchise to Paragon Cable Communications ORDINANCE NO. 93615 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, EXTENDING A FRANCHISE TO PARAGON COMMUNICATIONS D/B/A PARAGON CABLE, ITS SUCCESSORS AND ASSIGNS, FOR A PERIOD NOT TO EXCEED FIFTEEN YEARS TO OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF COPPELL, TEXAS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Paragon Cable has been providing cable television service to the citizens of Coppell; and WHEREAS, notice was given that public hearings were to be held to assess Paragon's performance and ability to adequately meet the needs of the community in the future as required under the Cable Television Consumer Protection Act of 1992; and WHEREAS, public hearings were held to determine Paragon's performance and ability to adequately meet the needs of the community in the future; and WHEREAS, it was determined that Paragon Cable has adequately met the requirements for renewal. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. DEFINITIONS City: Shall mean the City of Coppall, a municipal corporation in the State of Texas. City Council: Shall mean the City Council of the City of Coppall, Texas. FCC: Shall mean the Federal Communications Commission, Washington, D.C. 1 AGG044FA Cable Television System: The facilities and equipment that receives directly or indirectly over the air and amplifies or otherwise modifies the signals, transmitting programs broadcast by one or more television stations or radio stations, and receives or originates other non-broadcast signals and distributes such signals by wire or cable to subscribing members of the general public who pay for such service. Franchise: Shall mean and include any authorization granted in terms of a license, privilege permit, or otherwise, to build, operate and maintain a Cable Television System in the City. Grantee: Shall mean the person, firm or corporation to whom or which a franchise as herein defined, is granted by the City Council under this ordinance, and the lawful successor, transferee or assignee of said person, firm or corporation. Street: Shall mean the surface, the air space above the surface and the area below the surface of any public street, alley, public utility easement, or other public rights-of-way or public places. Subscriber: Shall mean any person or entity receiving for any purpose a Cable Television System service of the grantee hereunder. Premium Channel and/or Premium Program: Shall mean an auxiliary service offered on one or more channels by protected transmission techniques for which subscribers desiring such service pay extra fees on a per channel or on a per program basis. Other Utilities: Shall mean any other public utility furnishing utility services within the City. SECTION 2. GRANT OF FRANCHISE There is hereby granted to PARAGON CABLE COMMUNICATIONS D/B/A PARAGON CABLE, hereinafter called, "Grantee," the right and privilege to construct, erect, maintain and operate towers, poles, wires, anchors, cables, manholes, conduits and other electronic equipment along, across, on, over, through, above and under the public streets, avenues, alleys, roads and highways in the City, for the 2 AGGO44FA purpose of operating a cable television system to serve the citizens of the City by the provision of television cable service and other services which grantee may legally provide. Such grant is made only to the extent that the City may lawfully permit such use of the above described properties, only for the purposes enumerated and only to the extent that such use will not interfere with the use of such properties by the City, the public and other public utilities furnishing utility services within the City. SECTION 3. TERRITORIAL AREA INVOLVED This franchise shall cover the territorial limits of the City and any area henceforth added to the City during the term of this franchise. SECTION 4. FRANCHISE TERM This franchise shall take effect from and after passage of this ordinance and acceptance by Grantee as herein provided, and the same shall continue in full force and effect for a term of fifteen (15) years, beginning with the date of such acceptance. SECTION 5. FRANCHISE FEES Grantee shall pay the City a franchise fee equal to five percent (5%) of its gross receipts from cable television operations in the City. Said fee shall be paid in quarterly installments within thirty (30) days after the end of each calendar quarter and shall be based on the gross receipts during such quarter. The City shall have the right to inspect during normal business hours the Grantee's records showing the gross receipts from which the franchise fees are computed. Grantee shall furnish City a gross receipts statement prepared and signed by a certified public accountant within sixty (60) days after the close of Grantee's fiscal year. As a result of this final statement, adjustments shall be made by either the City or the Grantee to the quarterly amounts paid during the preceding year. 3 AGG044FA SECTION 6. TRANSFERS All transfers of franchise rights or privileges shall be made in compliance with the Cable Television Consumer Protection Act of 1992 or any subsequent federal or state legislation. SECTION 7, INDEMNIFICATION AND INSURANCE The Grantee shall, at all times during the existence of this franchise, carry and require its contractors to carry insurance as follows: A. Workmen's Compensation Insurance in accordance with the laws of the State of Texas. B. Public Liability Insurance, with limits in the amount of $300,000.00 for each person, $900,000.00 for each accident, and $300,000.00 property damage liability. In case the City is impleaded in any suit by reason of any alleged accident or omission of the Grantee, its successors or assigns, the City shall be entitled to judgment over and against the Grantee, its successors or assigns in such amount as may be obtained against the City, by reason thereof, provided due written notice is given the Grantee, its successors or assigns, on the filing of said suit, so that proper defense may be made to said action or suit. C. The Grantee shall defend the City against all lawful claims for injury to any person or property caused by the negligence of the Grantee in the construction or operation of its property; and, in the event of a determination of liability, shall indemnify the City; more particularly the Grantee herein, its successors and assigns, does hereby agree to indemnify and hold harmless the City from any and all liability, claim, demand or judgment growing out of any injury to any person or property as a result of the violation or failure on the part of the Grantee, its successors and assigns, to observe their proper duty or because of negligence in whole or in part arising out of construction, repair, extension, maintenance, or operation of its equipment of any kind or character used in connection with this franchise. 4 AGG044FA SECTION 8. COMPLAINT PROCEDURE Grantee shall maintain a business office or a toll-free telephone listing in the City for the purpose of receiving inquiries and complaints from its customers and the general public. Grantee shall investigate all complaints within five (5) days of their receipt and shall in good faith attempt to resolve them swiftly and equitably. The following City officials shall be responsible for receiving and acting upon any unresolved complaints: City Manager. Written notice of this complaint procedure, including the identity of the City official responsible for receiving unresolved complaints, shall be mailed annually to each subscriber. All other customer service standards for Grantee shall be established by the FCC and enforced by the SECTION 9. CONSTRUCTION AND MAINTENANCE A. (1) Grantee shall comply with all rules and regulations now in force or which may hereinafter be put into force with respect to proper installation and construction of lines, cables, wiring and other electronic equipment authorized by this permit and grant. (2) Grantee shall use only new cables and equipment with such shielding and protective devices as may be necessary to insure the best possible service and with the least possible interference. Grantee shall, at its own cost and expense, move its lines, cables, wiring, towers and other appu~enances to other locations when the City, through its authorities, may require such removal for the safety and convenience of said City and other franchise holders and inhabitants affected thereby, or when it is deemed necessary by the City to widen, relocate, reconstruct or improve a street, way or public place. In those areas where telephone and electric service lines are underground, Grantee shall place its cables and service lines underground. In the event the Grantee, after notice, fails or refuses to act, the City shall have the power to remove or abate 5 AGGO44FA the same at the expense of the Grantee, all without compensation or liability for damages from the City to the Grantee. All structures, lines and equipment erected by Grantee within the City shall be so located as to cause minimum interference with the proper use of streets, alleys, easements and other public ways, and placed to cause minimum interference with the rights or reasonable convenience of property owners and other utilities. Existing poles, posts, conduits and other such structures of any telephone company or other public utility which may be made available to the Grantee under lease or license and upon reasonable terms and rates shall be used to the extent practicable in order to minimize interference with service and avoid unnecessary duplication of facilities. (3) All installations made by the Grantee shall be made in good, substantial and safe condition and shall be maintained in such condition at all times. Grantee shall make no excavations in the streets, alleys, or other public places without first obtaining a written permit from the City or its agent or representatives. The surface of any street, alley or other public place disturbed by the Grantee in constructing, erecting, maintaining, operating or repairing its system shall be restored immediately by the Grantee after completion of the work to as good a condition as before the commencement of the work, and such surface shall be maintained at the cost of the Grantee to the satisfaction of the City for a period of one (I) year from the date such surface of said street, alley or public place is restored, after which time responsibility for the normal maintenance of such surface shall become that of the City. Except in unusual circumstances, the City shall require all street crossings to be made by boring under the street rather than cutting the street surface. 6 AGGO44FA B. Grantee shall be responsible for all costs and expenses which Grantee's operation shall cause due to disturbances or damage to the operation or property of any other utility or franchisee operating utility services within the City or to any such service or operation provided by the City. C. Grantee shall, on the request of any person holding a building moving permit issued by the City, temporarily raise or lower its lines to permit the moving of the building. The expense of such temporary removal shall be paid by the person requesting the same, and Grantee shall have the authority to require such payment in advance. D. Grantee shall have the authority to trim trees upon and overhanging all streets, alleys, easement, sidewalks and public places of the City so as to prevent the branches of such trees from coming into contact with Grantee's facilities upon approval of the City in writing. E. Before any poles or other fixtures are placed in any street or public way by Grantee, the location thereof shall be reviewed by the City Manager or such other person as the City Manager may appoint. Such poles or other fixtures shall be placed in such a manner as not to interfere with the usual traffic on such public way or any other utility. All poles, lines, structures and other facilities of Grantee in, on, over and under the streets, sidewalks, alleys, easements and public grounds or places of the City shall be kept by Grantee at all times in a safe condition. SECTION 10. REVOCATION OF FRANCHISE If Grantee violates any provision of this ordinance, this franchise may be revoked by the City Council. Grantee will be notified in writing by the City Manager of any such violation and will have ninety (90) days to correct such violation, and further, said Grantee shall have a right to a public hearing before the Mayor and Council, if so demanded. 7 AGG044FA SECTION 11. ADDITIONAL SERVICES TO BE PROVIDED A. Grantee will provide an input point at both Coppell High School and the Coppell City Hall allowing the City the technical capability to insert live or delayed video signals onto the Coppell cable system. Grantee will provide the switching equipment and modulation equipment to enable the signal to be cablecast. B. Grantee will carry a channel of the Dallas County Community College program on an uninterrupted basis for a period of one year from the effective date of the franchise. After such time, the City of Coppell will verify the number of students taking such programming within the City of Coppell city limits. If less than one percent (1%) of all subscribers within the City of Coppell are taking the program, Grantee shall have the option to discontinue coverage at that time. C. In order to replace lost video equipment which was donated to the City in 1989 by Grantee, Grantee will pay the City $5,000.00. Recommendations as to the use of such payment shall be made by the Cable Review Board and acted upon by the City Council. D. Grantee will at all times cooperate with any City official or designee to aid the City in conducting a technical review of the Coppell system to satisfy the community that the Grantee's cable system meets or exceeds the technical standards of the Federal Communications Commission. E. In order to facilitate the dissemination of accurate and timely community information, Grantee will, at the City's request, move the character generator which is currently providing information on Channel 19 or any subsequent channel, back to the Coppell Paragon office. Grantee will transcribe community information provided during regular business hours for cablecast on the City's local channel. F. Within one hundred and eighty (180) days of a request by the City Council, Grantee's video production department will work with the City to produce a 8 AGG044FA promotional video for the City of Coppell. All necessary production, other than scripting and providing on-camera talent, including location shooting, direction of on-camera talent and post-production editing resulting in a finished video tape of up to approximately thirty (30) minutes length will be provided by Grantee. G. Excepting Subsection F, such services will be implemented within one hundred twenty (120) days following the Council's approval of this franchise agreement. SECTION 12. RATES Grantee shall establish "basic tier" rates in accordance with FCC benchmark standards. All other rates shall be in accordance with the Cable Television Consumer Protection and Competition Act of 1992, or any subsequent governing federal statute. SECTION 13. NON-EXCLUSIVE FRANCHISE This franchise is not exclusive and nothing herein contained shall be construed to prevent the City from granting any other like privilege to any other applicant. SECTION 14. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any Federal or State Court or administrative or governmental agency of competent jurisdiction, specifically including the FCC, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof. SECTION 15. This ordinance shall become effective thirty (30) days after passage and upon publication as the law in such cases provides. 9 AGGO44FA DULY PASSED by the City Council of the City of Coppell, Texas, this day of ''''J. 993. APPROVED: '~'~'[VIAYOR A'I'I'EST: - \ ,,;/ ~, t' CITY SECRETARY /~ _% £ '/ APPROVED AS TO FORM: CITY ATI'ORNEY ACCEPTANCE The provisions of this Ordinance No. "2 ';;~):~ of the City of Coppell, Texas, granting a cable television franchise in the City to Paragon Communications are accepted this 27~h day of Sept:embe~ , 1993. PARAGON COMMUNICATIONS D/B/A PARAGON CABLE / // ,. / - By: ' "' '~ >~/~ '-- ~' ~ ~- A~EST: 10 AGG044FA