79-9-Ordinance-Granting Franchise Agreement TV Cable of Sanger-09/04/1979ORDINANCE NO 79-9
AN ORDINANCE GRANTING TV CABLE OF BANGER, INC., &
CORPORATION, A NON-EXCLUSIVE CABLE TELEVISION
FRANCHISE WITHIN THE CITY OF BANGER, TEXAS, FOR
A TERM OF 15 YEARS, SUBJECT TO AND CONDITIONED UPON
PERFORMANCE BY GRANTEE OF ITS DUTIES AND OBLIGATIONS
HEREUNDER, REQUIRING COMPLETION OF CATV SYSTEM WITHIN
12 MONTHS, FIXING THE TERMS AND CONDITIONS OF SAID
FRANCHISE, PROVIDING FOR A GROSS RECEIPTS TAX PAYABLE
ANNUALLY TO THE CITY OF BANGER, TEXAS OF THREE (3) PER
CENT OF GROSS REVENUES OF GRANTEE, EXCLUDING INITIAL
CUSTOMER INSTALLATION CHARGES, REQUIRING GRANTEE TO
INDEMNIFY CITY AGAINST CLAIMS FOR PERSONAL INJURY AND
PROPERTY DAMAGE PROTECTION, PERMITTING THE CITY OF
BANGER, TEXAS, TO EXAMINE THE BOOKS AND RECORDS OF
GRANTEE, REQUIRING ESTABLISHMENT OF LOCAL BUSINESS
OFFICE BY GRANTEE IN OR NEAR THE CITY OF BANGER,
TEXAS, REQUIRING ACCEPTANCE OF FRANCHISE ORDINANCE
BY GRANTEE WITHIN TEN (10) DAYS OF THE PASSAGE OF
THIS ORDINANCE, AND DECLARING AN EFFECTIVE DATE OF
- THE ORDINANCE.
WI-EREAS, TV CABLE OF BANGER, INC. has made application for a
franchise to operate within the corporate limits of the City of
Sanger, hereinafter called "City," and
WHEREAS, the City Council of the said City of Sanger has deter-
mined that the granting of said franchise will provide desired
CATV service to the residents of Sanger, and is in the public
interest;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF BANGER, TEXAS, A MUNICIPAL CORPORATION:
SECTION 1. GRANT OF AUTHORITY
There is hereby granted to TV CABLE OF BANGER, INC., a Corp.,
and its successors, hereinafter called "Grantee", subject to
acceptance by Grantee of this franchise ordinance within 10 days
after the passage hereof, and also subject to, and conditioned
upon, the satisfactory performance by Grantee of its duties and
obligations to furnish satisfactory CF,T'v' service to the residents
of City, for the term of fifteen (15) years from the date of
this ordinance, the right, duty, privilege and franchise to
have, acquire, construct, reconstruct, maintain, use and operate
in the City, a television signal receiving, amplifying and
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distribution system and service, hereinafter called a "community
antenna television system" or "CATV", and to have, acquire,
construct, reconstruct, maintain, use and operate, in, over,
under, along and across the present future streets, highways,
alleys, bridges, and public ways and places of the City, all
necessary or desirable poles, towers, anchors, wires, cables,
electronic conductors,. underground conduits, manholes, and other
structures and appurtenances necessary in the construction,
maintenance, and operation of a community antenna television
system in said City.
Grantee herein, by its acceptance of this franchise, hereby
agrees to forthwith make application for all necessary permits
to construct and operate said CATV system in the City, and to
commence construction of said system as soon as possible, and
to proceed with said construction in an expeditious manner,
and to substantially complete said system and have such-CATV
system fully operational within 12 months from the date hereof.
After said system is placed in operation, and for the life of
this fran._chise,- Grantee agrees to, and assumes the duties and
obligations to, provide and maintain CATV service to the residents
of Sanger.
SECTION 2. USE, RENTAL OR LEASE OF UTILITY POLES AND FACILITIES
There is hereby granted to Grantee the authority to contract
with the City or with any appropriate board or agency thereof,
or with the holder or owner of any utility franchise in the City
for the use, rental, or lease of its or their poles, underground
conduits, and other structures and facilities for the purpose of
extending, carrying, or laying Grantee's wires, cables, electronic
conductors, and other facilities and appurtenances necessary or
usable in receiving, amplifying and distributing television
signals and in providing community antenna television service in
the City and its vicinity.
SECTION 3. COMPLIANCE WITH APPLICABLE LAWS.
All work done in connection with the construction, reconstruc-
tion, maintenance or repair of said community antenna television
system shall be subject to and governed by all laws, rules, and
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regulations of the City now in force, or that may be hereafter
passed and adopted, for the government and regulations thereof,
and not inconsistent herewith.
SECTION 4. SUBJECT TO POLICE POWERS OF CITY.
The construction, maintenance, and operation of Grantee's
community antenna television system and all property of Grantee
subject to this Ordinance shall be subject to all lawful police
powers and regulations by the governing body of the City. The
City shall have the power at any time to order and require the
Grantee to remove and abate any pole, tower, wire, cable, or
electronic conductor or other structure or facility that is
deemed by the City to be dangerous to life or property, or creates
an unreasonably hazardous condition, and in the event that Grantee,
after written notice of such order of the City, fails and refused
to act, then the City shall have the power to remove and abate
the same at the expense of the Grantee therefor, and without
liability for damages to Grantee. Grantee shall, at all times,
keep its cables and other appurtenances used for transmitting
signals shielded in such a manner that there will be no interference
with signals received by private television sets owned by persons
not subscribing to Grantee's service. In the event that reasonable
evidence of such interference is furnished by the City to the
Grantee, the Grantee shall have a reasonable time thereafter to
verify and eliminate the causes of such interference.._ If, after
the expiration of such reasonable time, said interference has not
been eliminated, said City shall then have the right to make such
tests and chocks of Grantee's equipment and facilities as the
City, its agents, servants, and employees may deem appropriate
to locate and establish the -cause or causes of the interference
and the Grantee shall further, at Grantee's expense, make any
alterations, modifications, or corrective changes in Grantee's
equipment and facilities necessary to abate the interference.
Failure on the part of Grantee to fulfill said conditions shall
constitute grounds for cancellation of this franchise, after due
notice to Grantee and a hearing thereon, notice of which hearing
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shall be given in writing to Grantee not less than ten (10) days
prior to such hearing. The grantee shall have the right to appeal
from the Council's action, taken after public hearing thereon,
to a Court of competent jurisdiction.
SECTION 5. CONDITIONS OF STREET OCCUPANCY.
A. USE. All transmission and distribution structures, lines
equipment and facilities erected or maintained by Grantee within
the City shall be located in such manner that the same will not
interfere with the normal and intended use of streets, highways,
alleys, bridges and other public ways and places, or with the
rights or reasonable convenience of property owners owning
property adjoining any of said streets, highways, alleys, bridges,
or other public ways or places.
B. RESTORATION.
In the event of any disturbance of any
pavement, sidewalk, driveway, or other surfacing of any public
street, highway, alley,. bridge, or other public way or place,
by the Grantee in the construction or operation of its facilities
hereunder, the Grantee shall, at its exclusive cost and expense,
and at the time and in the manner prescribed by the governing
body of the City, or its duly designated representative, repair,
replace,,and restore all such pavement, sidewalk, driveway, or
other surface material, to as good a condition as the same were
in prior to the commencement of the work or operations by the
Grantee disturbing same.
C.RELOCATION. The City shall have the right to construct,
reconstruct, repair., r�aintain, relocate, widen, raise or lower
the grade of, any street, highway, alley or other public way or
place without liability in any manner to the Grantee, and when-
ever by reason of such construction, reconstruction, repair,
maintenance, relocation, or raising or lowering of the grade
of, any public way, place, structure or facility by the City,
it shall be deemed necessary by the governing body of the City
for Grantee to move, relocate, change, alter, or modify any
of its structures, or facilities, such change, relocation,
alternation or modification shall be promptly made by Grantee
at its own expense, when ordered in writing by the governing
body of the City, without claim for reimbursement of cost,
or damages of any kind or character against the City.
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D. TEMPORARY REMOVAL OF WIRE FOR BUILDING MOVING.
Grantee,
upon written request of any person holding a building moving
permit issued by the City, shall remove, raise, or lower its
wires temporarily to permit the moving of houses, buildings,
or other bulky structures. The reasonable expense of such
temporary removal, raising, or lowering of such wires shall
be paid by the benefitted person or persons, and Grantee may
require such payment in advance. Grantee shall be given not
less than forty-eight (48) hours advance notice in writing
to arrange for such temporary wire changes.
E. TREE TRIMMING. Grantee shall have the authority, to the
same extent that the City has such authority, to trim trees
upon or overhanging streets, highways, alleys, bridges or other
public ways or places of the City in order to prevent the branches
of such trees from coming in contact with the wires, cables,
electronic conductors, or other facilities or equipment of the
Grantee.
F. CONSTRUCTION, MAINTENANCE, AND INSTALLATION. The
construction, maintenance, and installation of equipment and
Facilities
of Grantee, including connections to subscribers of
Grantee's service, shall be in accordance with all applicable
ordinances and regulations of the City. All equipment should
be state of the art.
G. PLACEMENT OF FIXTURES. The Grantee shall not place poles,
towers, or similar fixtures where the same will interfere with
any gas, electric, or telephone fixtures, water hydrant or main,
or similar fixtures shall be placed as directed by the City and
in such manner as not to interfere with the usual travel or use
of streets, highways, alleys, or other public ways or places.
SECTION 6. INDEMNIFICATION. Grantee shall indemnify and save
the City whole and harmless from any and all claims for injury
or damage to persons or property occasioned by or arising
out of the construction, erection, maintenance, repair or
operation of said community antenna television system or by
the conduct of Grantee's business in the City.
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SECTION 7. INSURANCE. Grantee shall procure, furnish, and
file with the City Secretary of the City prior to commencement
of any work in the construction of the community antenna television
system a policy of insurance, issued by an insurance company
acceptable to the City, covering personal injury and property
damage public liability with the mininum liability insurance
coverage thereunder as follows: One Hundred Thousand ($100,000.00)
Dollars for any single personal injury to any one person; Five
Hundred Thousand ($500,000.00) Dollars for personal injuries
in any one single accident; and One Hundred Thousand ($100,000.00)
Dollars property damage for any single accident.
SECTION 8. GRANTEE'S RULES.
The Grantee shall have the
authority to promulgate reasonable rules, regulations, terms and
conditions governing to enable the Grantee to exercise its rights
and perform its duties and obligations under this ordinance, and
to assure uninterrupted service to each and all of the sub-
scribers to Grantee's service, PROVIDED, however, that such
rules, regulations, terms and conditions shall not be in conflict
with the provisions hereof or with the laws of the State of Texas.
Prior to the effective date thereof, copies of all such rules,
regulations, terms and conditions established or promulgated
by Grantee shall be furnished to the City Secretary of the
City of Sanger, Texas.
SECTION 9. PAYMENT TO CITY. As compensation for the rights,
privileges, and franchise herein conferred Grantee shall
pay to
the City each year during the term of this franchise, an annual
sum of money equal to three percent (3%) of the annual gross
receipts received by the Grantee for the rendition of basic
television service within the City, excluding late charges and
associated reconnect fees. Said sum of money shall be due and
payable on or before the 31st day of January of each year, for
the gross receipts tax for the preceding calendar year. Said
sum shall be in full payment for the privilege of using and
occupying said City's streets, avenues, alleys, and public
grounds and places during said preceding year, and shall be
in lieu of any occupation tax or other taxes, rentals, or
charges which the City might be authorized by law to levy
and collect, excepting, however, ad valorem taxes, sales taxes,
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any rental or lease charges fixed by contract between Grantee and
the City under Section 2 of this franchise ordinance, and any other
specific charges provided for by this franchise ordinance.
SECTION 10. RECORDS AND REPORTS.
The Grantee shall, at all
times, maintain adequate records of gross receipts from basic and
premium television service income, which records shall be available
at all reasonable times to inspection by the City through its duly
authorized officers, agents, or representatives.
SECTION 11. NON-EXCLUSIVE FRANCHISE. The rights, privileges,
and franchise granted hereby is not exclusive and nothing herein
contained shall be construed to prevent the City from granting any
other like right, privilege, and franchise to any other person or
persons, firm, or corporation.
SECTION 12. ASSIGNMENT. The City of Sanger shall hold first
option to purchase the franchise granted hereunder at a fair market
value. The franchise granted hereunder, and the rights and privileges
conferred thereby, shall not be assigned to any person, firm or
corporation, without the written consent of the City Council of the
City of Sanger, and any assignment or attempted assignment of this
franchise, or any right or privilege granted hereunder, without such
prior express written consent from the City Council of the City of
Sanger shall constitute grounds, at the option of the City, for
cancellation of this franchise, but�'shall relieve Grantee of all ��'®'��
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liability thereunder.
SECTION 13. ACCEPTANCE. Grantee shall have ten (l0) days after
the effective date of this ordinance to file its written acceptance
thereof with the governing body of the City, and upon the filing
of such. acceptance, this ordinance shall take effect and be retro-
active to the date of its passage.
SECTION 14.
C�i311�7d�i�iii7
If any section, sentence, clause or
phrase of this ordinance is for any reason held to be illegal or
unconstitutional, such invalidity shall not affect the validity
of the remainder of this ordinance.
SECTION 15.
DURATION OF FRANCHISE. The authority and rights
herein granted, as aforesaid, shall take effect upon the effective
date of this ordinance and sha17 continue in force and effect
for a term of (15) years,: PROVIDED, however, that this franchise
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and contract shall automatically terminate unless the television
service authorized to be furnished by Grantee is available and
operational within the corporate limits of the City of Sanger
within twelve (12) months from the date hereof.
SECTION 16. RATES:
Rates and charges for television service by
Grantee shall be reasonable. No rate or charge shall be placed
in effect by Grantee until copies of such rate schedule have been
filed with the City Secretary of the City of Sanger, and no charge
or alteration in such rate charges shall become effective
until the Grantee has filed with the City security an instrument,
duly executed, setting forth all such changes or alterations,
and proposed effective date.
SECTION 17. BUSINESS OFFICE AND CUSTOMER SERVICE.
A. The Grantee shall maintain a business office in the City
of Sanger, Texas, having a listed Sanger telephone exchange number
for conducting business and receiving subscriber complaints. and
requests concerning quality of service. Grantee shall take action
to perform the required maintenance to resolve these complaints
within a reasonable amount of time during normal business hours.
Complaints received during non -business hours will be rectified
during regular business hours except when they are in excess of
five (5) subscriber service mutually associated problems (loss of
Cable TV service) then the company shall take immediate action to
rectify these problems.
B. Any customer without service for seventy two (72) hours or
more will receive appropriate pro -rated credit on the service charge
for that month.
C. Grantee recognizes the CATV Company of Sanger is not
responsible for acts of God and/or nature.
D. Community antenna television service shall be available
to all areas within the corporate ?units of said City of Sanger,
having a minimum of twenty-eight (28) homes per cable mile.
E. All applicants desiring community antenna service installed
at a location greater than three hundred (300) feet from the nearest
distribution line shall pay to Grantee, as a condition for the
installation of such service, the actual costs of labor and materials
for the additional distance above 300 feet.
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SANGER,
TEXAS, on this the 1 day of A.D., 1979.
ayor
ATTEST:
APPROVED AS TO FORM: