HomeMy WebLinkAboutOrdinance 11089~,
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Adopted Ordinance Na. ~~
AN ORDINANCE GRANTING A LIMITED FRANCHISE TO NORTH
TEXAS CABLEVISION, LTD TO OWN, OPERATE AND MAINTAIN A
CABLE COMMUNICATIONS SYSTEM IN FORT WORTH, TEXAS,
SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF
FRANCHISE, AND PROVIDING FOR THE REGULATION AND USE OF
THE SYSTEM
WHEREAS, North Texas Cablevision, Ltd has applied to the
City of Fort Worth far a limited franchise to operate a cable
television system within the City of Fort Worth; and
WHEREAS, it is necessary
Cablevision, Ltd., the right
highways and easements and oth
the installation of equipment,
or below the surface of the
thereof practicable, and
for the City of grant North Texas
to use certain public streets,
er public property of the City for
appliances or appurtenances, above
same, to make the intended use
WHEREAS, the City Council has determined that it is in the
best interest of and consistent with public necessity and
convenience of the City of Fort Worth to grant a franchise to
North Texas Cablevision, Ltd., to operate a cable communication
System within the confines of the City of Fort Worth and on the
terms and conditions hereinafter set forth; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH'
Section 1. NATQRE AND TERM OF GRANT
A (1) The City of Fort Worth ("City") does hereby grant to
North Texas Cablevision, Ltd ("Grantee"), a franchise to
construct, operate and maintain a cable television System
("System"), with all necessary facilities, in and under the
surface of the following streets and public property in the City
of Fort Worth, as shown in red on the map attached hereto and
incorporated by reference as Exhibit A
(2) In addition to the terms and conditions of this
Agreement, the following terms and conditions will also apply to
the property delineated on Exhibit "A", attached hereto and made
a part hereof for all purposes
a City grants to Grantee permission to encroach upon,
use and occupy portions of space on the public property
delineated on Exhibit "A" for the purposes of construction,
operation, and maintenance of the System
b All construction, maintenance and operation in
connection with such encroachment, use and occupancy shall
be performed in strict compliance with the Charter,
Ordinances and Codes of the City of Fort Worth and in
accordance with the directions of the Director of
Transportation and Public Works of said City, or the
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Transportation and Public Works of said City, or the
director's duly authorized representative All plans and
specifications therefor shall be subject to the prior
written approval of the Director of Transportation and
Public Works or the director's duly authorized
representative, but such approval shall not relieve Grantee
of responsibility and liability for concept, design and
computation in the preparation of such plans and
specifications
c Upon completion of construction and thereafter,
there shall be no encroachments in, under, on or above the
surface of the property involved, except as shown on Exhibit
~~A.~
d. Grantee shall use the designated area of this
encroachment solely for the purposes of operation and
maintenance of the System Grantee shall not make any
changes in the degree of inclination or the grade of the
encroachment that would in any way affect any presently
existing or prospective utilities This agreement shall not
limit, deny nor in any way affect the rights of the
utilities or utility companies
e It is understood that the area shown on Exhibit
"A" contains no platted utility easement Grantee agrees
that it will, upon the filing of and recordation of a plat
of the property shown on Exhibit "A", and at Grantee's sole
expense, relocate any portion of Grantee's facilities not
located within a platted utility easement into a platted
utility easement
f. Whenever by reason of City's use of the pr-operty
shown on Exhibit "A", for any purpose whatsoever, it shall
be deemed necessary by City that Grantee's facilities be
removed, altered, adapted, or conformed, such action will be
undertaken by Grantee within ten (10) days of a written
notice to Grantee that such action is required, without
claim for reimbursement or damages against City
B Failure to observe or comply with any portion of
Section 1(A}(2) be considered a material violation of this
ordinance, which may lead to forfeiture of rights granted
hereunder.
C. The term of this franchise, and all rights and
obligations pertaining thereto, shall be 10 years from the
effective date unless terminated sooner as provided herein This
franchise shall be subject to a review by City at the end of 5
years, for compliance with franchise terms related to customer
service and compliance with technical standards The effective
date of this franchise shall be after passage by the City Council
and publication as provided by law unless Grantee fails to
execute a contract with City as provided herein
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Section 2. DEFII7ITIOIiB
For the purpose of this franchise, the following terms,
phrases, and their derivations, shall have the meanings given
below unless the context indicates otherwise When not
inconsistent with the context, words used in the present tense
include the future tense, words in the plural number include the
singular number, and words in the singular include the plural
number The word "shall" is always mandatory and not merely
directory
"City" means the City of Fort Worth, Texas.
"Grantee" means North Texas Cablevision
"Cable Communication System" or "System," shall mean a
System of antennas, cables, wires, lines, towers, wave guides, or
other conductors, converters, equipment or facilities, designed
and constructed for the purpose of producing, receiving,
transmitting, amplifying and distributing, audio video and other
forms of electronic or electrical signals located in the City
Said definition shall not include any such facility that serves
or will serve only subscribers in one or more multiple unit
dwellings under common ownership, control or management, and does
not use City rights-of-way
"Gross Revenues" shall mean all revenue derived directly or
indirectly by Grantee, its affiliates, subsidiaries, parent, and
any person in which Grantee has a financial interest, from or in
connection with the operation of a cable communication System
that is operated in Fort Worth, Texas, pursuant to this
ordinance, provided, however, all revenues, shall include but not
be limited to, basic subscriber service, monthly fees, pay cable
fees, installation and reconnection fees, leased channel fees,
converter rentals, and advertising revenues, and that this shall
not include any taxes on services by Grantee herein imposed
directly upon any subscriber or user by the state, city or other
governmental unit and collected by the Company on behalf of said
governmental unit
"Public Property" is any property owned by the City of Fort
Worth
"Street" is a way or place of whatever nature, publicly
maintained and open to the use of the public for purposes of
vehicular travel Street shall include road, highway, bridge,
tunnel or alley
"Installation" shall mean the connection of the System from
feeder cable to subscribers' terminals
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Section 3. COMPENSATION AND AUDITING
A. (1} The Grantee- agrees to pay to City as annual
compensation for the use of the streets and other public
property throughout the duration of this contract the amount of
5~ of gross subscriber revenue generated from subscribers in Fort
Worth
(2) Grantee's compensation payments to the City shall be
made quarterly upon the effective date of this contract, and
thereafter, quarterly Payment not received within forty-five
(45) days from the due date shall be assessed interest at 10~ per
annum
B The City shall have the right to review and audit the
Grantee's income records and the related books and records and to
recompute any amounts determined to be payable under this
ordinance; provided, however, that such audit shall take place
within thirty--six (36) months following the close of the fiscal
year covered by such statement(s) Any additional amount due to
the City as a result of the City's review or audit shall be paid
within thirty (30) days following written notice to Grantee by
the City which notice shall include a copy of the audit report
In the event that any franchise fee payment or recomputed
amount, cost or penalty, is not made on or before the applicable
dates heretofore specified, interest shall be charged daily from
such date at the annual rate of ten percent (10~).
C No acceptance of any payment shall be construed as an
accord that the amount paid is, in fact, the correct amount, nor
shall any acceptance of payments be construed as a release of any
claim the City may have for further or additional sums payable
D The City shall have the right at the end of a 5 year
period from the effective date of this contract to renegotiate
any of the terms of compensation under this contract. The City
shall serve on the Grantee written notice of its intention to
exercise this right not less than sixty (60) days prior to the
end of the 5 year period.
E. Except as otherwise required by law, no portion of this
franchise fee shall be noted separately on any bill to any
customer or user of services or commodities furnished by Grantee
F The Grantee shall pay the cost of publication of the
franchise and any amendments thereto, as such publication is
required by law Grantee shall also pay the City for such
reasonable pre-franchising costs as the City incurs in entering
into this franchise agreement with the City
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G Payment of this franchise fee shall not exempt Grantee
from the payment of any other license fees, taxes or charges that
may be imposed by any federal, state or local statute, law or
regulation.
Section 4. GENERAL FINANCIAL AND INSIIRANCE PROVISIONS
A Insurance
and its successors
covering all public
occupancy of public p
"A" The amounts of
following:
Grantee agrees, binds and obligates itself
to maintain public liability insurance
risks related to the proposed use and
roperty as located and described in Exhibit
such insurance shall be not less than the
Property damage, per occurrence $250,000
Personal injury or death, per occurrence $500,000
with the understanding of and agreement by Grantee that such
insurance amounts shall be revised upward at City's option and
that Grantee covenants and agrees to so revise such amounts
within thirty (30) days following notice to Grantee of such
requirement. Such insurance policy shall provide that it cannot
be cancelled or amended without at lease thirty (30) days prior
written notice to City.
B. Financial Statement The Grantee shall file annually
with the Office of Cable Communications no later than one hundred
twenty (120) days after the end of the Grantee's fiscal year, an
audited financial statement that includes the operations of
Grantee within the confines of the City of Fort Worth These
statements shall include the following information concerning
Fort Worth operations. a fiscal year-end balance sheet, an income
statement of retained earnings for the year, a fixed asset
statement showing, for each account or category, the original
cost and accumulated depreciation balances and activity, and a
depreciation statement showing the detailed calculations of
depreciation expense for the year These statements shall have
been audited by an independent certified public accountant, whose
report shall accompany such statements, and there shall be
submitted along with them such other reasonable information as
the City shall request with respect to Grantee's properties and
expenses related to its System operations within the City.
Section .5. CONSTRQCTION AND RELOCATION
A. All construction, maintenance and operation in
connection with such encroachment use, and occupancy of streets,
easements or other public property within the City shall be
performed in strict compliance with the Charter, Ordinances and
Codes of City and in accordance with the directions of the
Director of Transportation and Public Works of City,or his duly
5
authorized representative All plans and specifications therefor
shall be subject to the prior written approval of the Director
of Transportation and Public Works, or his duly authorized
representative, but such approval shall not relieve Grantee of
responsibility and liability for concept, design and computation
in the preparation of such plans and specifications.
B Upon completion of construction and thereafter, there
shall be no encroachments in, under, on or above the surface area
on the streets and easements involved, except as shown on Exhibit
"A" and Exhibit "B".
C. Grantee, at no expense to City, shall make proper
provision for the relocation and/or installation of any existing
or future utilities affected by such encroachment, use and
occupancy, including the securing of approval and consent from
the utility companies and the appropriate agencies of the State
and its political subdivisions In the event any installation,
reinstallation, relocation or repair of any existing or future
utility or improvements owned or constructed by or on behalf of
the public or at public expense is made more costly by virtue of
the construction, maintenance or existence of such encroachment
and use, Grantee shall pay to City an additional amount equal to
such additional cost as determined by the Director of
Transportation and Public Works of City, or his duly authorized
representative.
Section 6. RESTORATION OF STREETS AND PUBLIC PROPERTY
Upon the termination of this agreement for any reason
whatsoever,. Grantee shall, at the option of City and at no
expense to City, remove at its own expense all designated
portions of the System from streets, easements and public
property and restore the public property, public streets and
adjacent supporting structures to a condition acceptable to the
Director of Transportation and Public Works or his duly
authorized representative, all in accordance with then existing
City specifications.
Section 7. RESERVATION OF CITY RIGHTS
City may enter and utilize any public property areas at any
time for the purpose of installing or maintaining improvements
necessary for the health, safety and welfare of the public or for
any other purpose In this regard, City shall bear no
responsibility or liability for damage or disruption of
improvements installed by Grantee or its successors, but City
will make reasonable efforts to minimize such damage
Section 8. USE OF PUBLIC PROPERTY
It is further understood and agreed between the parties
hereto that the City streets, sidewalks and other public property
including the portions of such streets, sidewalks and public
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property to be used and encroached upon as described herein are
held by City as trustee for the public, that City exercises such
powers over the properties as have been delegated to it by the
Constitution of the State of Texas or by the Legislature; and
that City cannot contract away its duty and its legislative power
to control the property for the use and benefit of the public It
is accordingly agreed that if the governing body of City, to
with, its City Council, should at any time during the term hereof
determine in its sole discretion to use or cause or permit the
said portions of the property to be used for any other purpose,
including but not being limited to underground, surface or
overhead communication, drainage, sanitary sewerage, transmission
of natural gas or electricity, or any other public purpose
whether presently contemplated or not, then this agreement shall
be automatically cancelled and terminated.
Section 9. THIRD PARTY INTERESTS
Grantee understands and agrees that the granting of any
franchise hereunder is not meant to convey to Grantee an.y right
to use or occupy property in which a third party may have any
interest, and Grantee agrees that it will obtain all necessary
permission before occupying such property
Grantee agrees to comply fully with all applicable federal,
state and local laws, statutes, ordinances, codes or regulations
in connection with the construction, operation and maintenance of
its System.
Grantee agrees to pay promptly when due all fees, taxes or
rentals provided for by this agreement or by any federal, state
or local statute, law or regulation.
Section 10. INDEMNIFICATION
Grantee covenants and agrees to indemnify, and does hereby
indemnify, hold harmless and defend City, its officers, agents
servants and employees, from and against any and all claims or
suits for property damage or loss and/or personal injury,
including death, to any and all persons, or whatsoever kind of
character, whether real or asserted, arising out of or in
connectian with, directly or indirectly, the construction,
maintenance, occupancy, use, existence or location of said System
granted hereunder, whether or not caused, in whole or in part, by
alleged negligence of officers, agents, servants, employees,
contractors, subcontractors, licensees or invitees of City, and
Grantee hereby assumes all liability and responsibility for such
claims or suits. Grantee shall likewise assume all liability and
responsibility and shall indemnify City for any and all injury or
damage to City property, arising out of or in connection with any
and all acts or omissions of Grantee, its officers, agents,
servants, employees, contractors, subcontractors, licensees,
invitees, or trespassers
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Section 11. INDEPENDENT CONTRACTOR
Grantee covenants and agrees that it shall operate hereunder
as an independent contractor as to all rights and privileges
granted hereunder and not as an officer, agent, servant or
employee of City, that Grantee shall have exclusive control of
and the exclusive right to control the details of its operations,
and all persons performing same, and shall be solely responsible
for the acts and omissions of its officers, agents, servants,
employees, contractors, subcontractors, licensees and invitees,
that the doctrine of respondeat superior shall not apply as
between City and Grantee, its officers, agents, servants,
employees, contractors and subcontractors, and nothing herein
shall be construed as creating a partnership or joint enterprise
between City and Grantee
Section 12. MAINTENANCE OF FACILITIES
Grantee shall provide and put in use all equipment and
appliances necessary to control and carry Grantee's signals so as
to prevent injury to the City`s property or property belonging to
any person, firm or corporation within the City Grantee, at its
own expense, shall repair, renew, change and improve said
facilities and appliances from time to time as may be necessary
to accomplish this purpose Grantee shall not connect in a
manner that requires any customer to install conduits, or other
facilities, under or over a City street or other public right of
way
Section 13. CONSTRDCTION AND MAINTENANCE STANDARDS
A. Authorization to Commence Construction
Within ninety (90) days of the granting of the franchise,
Grantee shall apply for all necessary governmental permits,
licenses, certificates and authorizations
B Compliance with Construction and Technical Standards
Grantee shall construct, install, operate and maintain its
System in a manner consistent with all laws, ordinances,
construction standards, governmental requirements, FCC technical
standards, and detailed standards submitted by Grantee as part of
its application, which standards are hereby incorporated by
reference herein. In addition, Grantee shall provide the City,
upon request, with a written report of the results of Company's
annual proof of performance tests conducted pursuant to FCC
standards and requirements
C. Maintenance of System
Grantee shall erect and maintain all parts of the System in
good condition throughout the entire franchise period
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D Efficient Service and Repairs
Grantee shall render efficient service, make repairs
promptly and interrupt service only for good cause and for the
shortest time possible Such interruptions, insofar as possible,
shall be preceded by notice and shall occur during period of
minimum System use.
E. Grantee shall designate an individual to be a liaison
with the City, for purposes of resolving questions and customer
service matters which may arise during the term of the franchise
Such person will cooperate with City in resolution of customer
service inquiries which may be received by City from Grantee's
customers
F. Interference with Reception
Grantee shall not allow its cable or other operations to
interfere with television reception of persons not served by
Grantee
G. Grantee shall continue, through the term of the
franchise, to maintain the technical standards and quality of
service set forth in this ordinance Should the City find that
the Grantee has failed to maintain these technical standards and
quality of service, and should it specifically enumerate
improvements to be made, Grantee shall make such improvements.
Failure to make such improvements with three (3) months after
written notice will constitute a breach of this ordinance
Section 14. HAZARDOIIS SUBSTAPCES
A. Grantee shall comply with all applicable state and
federal laws, statutes, regulations and orders concerning
hazardous substances as defined by regulations of the United
States Environmental Protection Agency, relating to Grantee's
pipes, conduits, vaults, structures or other facilities in the
City streets or other public property.
B Grantee shall maintain and inspect its conduits, ducts,
cables, vaults, structures or other facilities located in the
City streets or other public property. Upon reasonable notice to
Grantee, the City may inspect Grantee's conduits, ducts, cables,
or other facilities in the City streets or other public property
to determine if any release of hazardous substances has
occurred, or if a release of hazardous substances may occur,
from, or related to, Grantee's facilities. In removing or
modifying Grantee's conduits, ducts, cables or other facilities
as provided in this franchise, Grantee shall also remove all
residue of hazardous substances related to such facilities
9
C Grantee agrees to forever indemnify the City against any
claims, costs, and expenses, of any kind, whether direct or
indirect, incurred by the City arising out of hazardous
substances associated with Grantee's facilities in City streets
or other public property
Section 15. FRANCHISE NOT EXCLUSIVE
This franchise is not exclusive The City expressly
reserves the right to grant rights or franchises to other persons
or corporations, as well as the right in its own name as a
municipality, to use its streets for similar or different
purposes allowed hereunder.
Section 16. REGULATION
The power and right reasonably to regulate the exercise of
the privileges permitted by this contract in the public interest
shall at all times be vested in the City Council Grantee shall
not be relieved of its obligation to promptly comply with any
provision of this contract by a failure of the City to promptly
enforce compliance with this contract Services furnished by
Grantee under this contract shall be rendered using the best
practicable commercial methods and practice, insuring the least
danger of life and property compatible with the best obtainable
service.
Section 17. CITY'S CONSENT REQUIRED ASSIGNMENT,
TRANSFER, MERGER, LEASE OR MORTGAGE.
A. Neither this franchise nor any property owned and
operated by Grantee by authority hereof shall be sold, leased,
mortgaged, assigned or otherwise transferred without the prior
consent of the City, except to entities that control, are
controlled by, or are under common control with the Grantee
Grantee shall notify the City of any transfers to such entities
within ten (10) days of such transfers. The City's granting of
consent in one instance shall not render unnecessary any
subsequent consent in any other instance Nothing contained
herein shall be deemed to prohibit the mortgage, pledge, or
assignment of the System tangible assets for the purpose of
financing the acquisition of equipment for or the construction
and operation of the System without the City's consent, but any
such mortgage, pledge or assignment shall be subject to the
City's other rights contained in this franchise.
B Within ten (10) days after execution and delivery of any
instrument so consented to by the City, Grantee shall file with
the City an executed counterpart or certified copy thereof No
sale, lease, mortgage, assignment, transfer or merger may occur
until the successor, assignee or lessee has executed an agreement
to comply with all terms and conditions of this franchise
10
For the purpose of determining whether the City will consent
to any assignment, transfer, merger, lease or mortgage, the City
may inquire into the qualifications of the prospective party.
Grantee shall assist the City in any such inquiry The City may
condition an,y assignment, transfer, merger, lease or mortgage
upon such conditions as it deems appropriate
Section 18. FORFEITURE AND OTHER REMEDIES
A Forfeiture. In addition to any other rights set out
elsewhere in this ordinance, the City reserves the right to
declare a forfeiture of the franchise, and all of Grantee's
rights arising thereunder, in the event that
(1) Grantee violates any material provision of the
franchise or this ordinance,
(2) Grantee's construction schedule is delayed for aver 18
months, or,
(3) Grantee becomes insolvent or unable or unwilling to pay
its debts or is adjudged a bankrupt, or,
(4) Grantee is found by a court of competent jurisdiction
to have practiced any fraud or deceit upon the City;
or,
(5) Grantee fails to obtain and maintain any permit
required by any federal or state regulatory body
B. Additional Remedies In addition to an,y rights set out
elsewhere in this ordinance, as well as its rights under the City
Code, the City reserves the right at its sole option to apply any
of the following, alone or in combination
(1) Impose a financial penalty of up to 51,000, per
ordinance violation, or,
(2) Suspend the Grantee's franchise rights until Grantee
corrects or otherwise remedies the violation
In determining which remedy or remedies are appropriate, the
City shall consider the nature of the violation, the person or
persons burdened by the violation, the nature of the remedy
required in order to prevent further such violations, and any
other matters the City deems appropriate
C Revocation. The City Council may revoke the franchise in
the event that any provision becomes invalid or unenforceable and
the City Council expressly finds that such provision constituted
a consideration material to the grant of the franchise.
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D. Notice and Opportunity to Cure. The City shall give
Grantee thirty (30} days prior written notice of its intent to
exercise its rights under this section, stating the reasons for
such action. If Grantee cures the stated reason within the
thirty (30} day notice period, or if the Grantee initiates
efforts satisfactory to the City to remedy the stated reason and
the efforts continue in good faith, the City shall not exercise
its remedy rights If Grantee fails to cure the stated reason
within the thirty (30) day notice period, or if the Grantee does
not undertake efforts satisfactory to the City to remedy the
stated reason, then the City Council may impose any or all of the
remedies available under this section
Section 19. EBPIRATION; TERMINATION
A. Upon the expiration of the franchise the City shall have
the right, at its election, to.
(a) Renew or extend the franchise to Grantee, in accordance
with the City of Fort Worth and applicable law,
(b) Terminate the franchise without further action, or,
(c) Take such further action as the City deems appropriate
Until such time as the City exercises its rights under this
section Grantee's rights and responsibilities within the City
shall be controlled by the terms of the ordinance
Section 20. CHARTER AND GENERAL ORDINANCES TO APPLY;
MISCELLANEOIIS PROVISIONS
A This franchise is hereby made subject to the Charter of
the City of Fort Worth and general ordinance provisions passed
pursuant thereto, now in effect or hereafter made effective
B If any portion of this ordinance is for any reason held
invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the
validity of the remaining portions thereof
C Venue for litigation between the City and Grantee
arising under or regarding this contract shall be in Tarrant
County, Texas.
D Grantee agrees to deposit with City when this franchise
is granted a sufficient sum of money to be used to pay necessary
fees to record this contract in its entirety in the deed records
of Tarrant County, Texas After being so recorded, the original
hereof shall be returned to the City Secretary of the City of
Fort Worth, Texas
12
,'
E. In any action brought by
the obligations of Grantee, City
interest and reasonable attorney's
City for the enforcement of
shall be entitled to recover
fees.
Section 21. NOTICE
Any notice provided for under this
sufficient if in writing and delivered
following addressee or deposited in the
postage prepaid, certified mail, return
addressed as follows, or to such other addr
party hereafter shall specify in writing•
ordinance shall be
personally to the
United States Mail,
receipt requested,
ess as the receiving
If to the City: Office of Cable Communications - Room 294
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
If to the Grantee' North Texas Cablevision
1305 W Pearl
Cranbury, Texas 76048
Section 22. WRITTEN ACCEPTANCE. Within thirty days after
this ordinance becomes effective, Grantee shall file in the
Office of the City Secretary of the City of Fort Worth a written
acceptance, executed by the Grantee, of this ordinance meeting
the approval of the City Attorney A failure on the part of
Grantee to file such written acceptance within such time shall be
deemed an abandonment and rejection of the rights and privileges
conferred hereby and this ordinance shall thereupon be null and
void Such acceptance shall be unqualified and shall be
construed to be an acceptance of all the terms, conditions and
restrictions contained in this ordinance
Section 23. OTHER ADTHORITY SIIPERSEDED. Upon effectiveness
of this franchise, any and all authority to operate previously
granted to Grantee by the City of Fort Worth, is superseded by
this franchise
APPROVED AS TO FORM AND LEGALITY.
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' 05/05/92 -- --------- C-13358 --- '°•'"-
02CABLE 1 of 2
SUBJECT ORDINANCE AND CONTRACT FOR LIMITED CABLE TELEVISION FRANCHISE FOR NORTH TEXAS
CABLEVLSION, LTD.
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached ordinance, granting a ten year limited cable television
franchise to North Texas Cablevision, Ltd., and
2. Authorize the City Manager to execute a franchise agreement with North Texas
Cablevision Ltd., to provide cable television service to the area located in Fort
Worth around Lake Worth, as specified in the franchise agreement.
DISCUSSION:
In October 1990, City Staff discovered that Azle Cablevision (AKA North Texas
Cablevision) had placed pedestals, cable television wire and other plant,~on City of
Fort Worth property in order to provide cable television service to #Fort Worth
residents in the area surrounding Lake Worth, in conjunction with the City 'of Lakeside
Cable Television System. A letter requesting that the cable system be in compliance
with the City's limited franchise policy was presented to North Texas Cablevision in
November 1990.
Negotiations were begun to bring the company into compliance and concluded in January
1992 when the proper maps, permits and agreements were submitted to the City. Because
the area is not platted, no platted utility easements exist. Therefore, the company
will be granted the right to encroach on City property, which right may be terminated
if other uses of the property are determined to be in the City's best interest. If the
area is platted, the company will be required to relocate its facilities into platted
utility easements.
The company has paid the $500 application fee, plus a $1,000 penalty for its non-
compliance. It has also paid a franchise fee of 5% of gross revenues earned for
service to the area prior to the granting of this franchise. The company will continue
to pay 5% of gross revenues as a franchise fee during the 10 year franchise period.
The franchise will also be subject to other terms and conditions of the limited cable
franchise policy.
.~` ;~ ~~ 1
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`''" C~ Printed on recycled paper
City of Fort Worth, Texas
Mayor and Council Communication
DATE
05/05/92 REFEREN E NUMBER
C-13358 -LOG NAME
02CABLE PAGE
2 of 2
SUBJECT ORDINANCE AND CONTRACT FOR LIMITED CABLE TELEVISION FRANCHISE FOR NORTH TEXAS
CABLEVISION LTD.
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that the Cable Communications Section of the
City Manager's Office will be responsible for collection and deposit of all fees due
the City under this franchise agreement.
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by to
GGOi 421362 0134010 APPROIdED
Ramon Guajardo 6140 ~~~
Originating Department Head: ~ G®~G
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Sue Winter 6119
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City of fort Worth, Texas
Pat Svacina 6109
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