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HomeMy WebLinkAboutOrdinance 8307~;- t ORDINANCE NO ~ 3 (~ AN ORDINANCE OF THE CITY OF FORT WORTH ADDING A NEW CHAPTER 44 CABLE COMMUNICATION SERVICE ARTICLE I SECTIONS 44-1 THROUGH 44-8 TO THE CODE OF THE CITY OF FORT WORTH TEXAS, REQUIRING A FRANCHISE FOR CABLE COMMUNICATION SERVICE PROHIBITING INTERFERENCE BY AN OZ~TNER OF A MULTIPLE UNIT RESIDENTIAL DWELLING WITH SAID SERVICE PROVIDING A SEVERABILITY CLAUSE PROVIDING A PENALTY CLAUSE AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH TEXAS SECTION I That a new Chapter 44 CABLE COMMUNICATION SERVICE Article I is hereby added to the Code of Ordinances for the City of Fort Worth Texas by adding Sections 44-1 through 44-8 which will hereafter read as follows SECTION 44-1 FRANCHISE REQUIREMENT No person shall operate or participate in the operation of a. cable communication system within the City of Fort Worth without first obtaining a franchise issued by the City of Fart Worth for the right to use the public streets highways alleys and rights-of-way- A cable communication system for the purpose of this section shall not include a system that serves only subscribers in one or more multiple unit swellings under common ownership control or management which does not use city streets highways alleys and rights-of-way SECTION 44-2 INTERFERENCE WITH CABLE SERVICE PROHIBITED Neither the owner of any multiple unit residential dwelling nor his agent or representative shall interfere with the right of any tenant or lawful resident thereof to receive cable communication service cable installation or maintenance from a cable communication company regulated by and lawfully operating under a valid and existing cable communication franchise issued by the City of Fort Worth ~% "SECTION 44-3 GRATUITIES AND PAYMENTS TO PERMIT SERVICE PROHIBITED Neither the owner of any multiple unit residential dwelling nor his agent or representative shall ask demand or receive any payment service or gratuity in any form as a condition for permitting or cooperating with the installation of a cable communication service to the dwelling unit occupied by a tenant or resident requesting service SECTION 44-4 PENALTIES AND CHARGES TO TENANTS FOR SERVICE PROHIBITED Neither the owner of any multiple unit residential dwelling nor his agent or representative shall penalize charge or surcharge a tenant or resident or forfeit or threaten to forfeit any right of such tenant or resident or discriminate in any way against such tenant or resident who requests or receives cable television service from a franchisee operating under a valid and existing cable television franchise issued by the City of Fort Worth SECTION 44-5 CHARGES TO TENANTS FOR SERVICE IN MULTIPLE UNIT FACILITIES The owner or manager of a multi-unit facility that receives cable communications service shall charge the tenants for services according to one of the following methods (1} Included as a part of. the rent or (2) Charge separately for cable communications services in accordance with Section 6 SECTION 44-6 RESELLING SERVICE PROHIBITED No person shall resell without the expressed written consent of both the Company and the city any cable service program or signal transmitted by a cable television company operating under a franchise issued by the City of Fort Worth SECTION 44-7 PROTECTION OF PROPERTY PERMITTED Nothing in this article shall prohibit a person from requiring that cable television system facilities conform to laws and regulations and reasonable conditions necessary to protect safety functioning appearance and value of premises for the convenience and safety of persons and property =~~.~, SECTION 44-8 RISKS ASSUMED BY FRANCHISEE Nothing in this article shall prohibit a person from requiring a cable television company to agree to indemnify the owner or his agents or representatives far damages or from liability for damages caused by the installation operation, maintenance or removal of cable television facilities SECTION 2 That it is hereby declared to be the intention of the City Council that the sections paragraphs sentences clauses and the phrases of this ordinance are severable and if any phrase clause sentence paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any Court of competent jurisdiction such unconstitutionality shall not affect any of the remaining phrases clauses sentences paragraphs and sections of this ordinance since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase clause, sentence paragraph or section SECT ION 3 That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and each such person shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any of the provisions of this ordinance is committed continued or permitted and each violation shall be punishable by a fine not exceeding Two Hundred Aollars ($2Q0 OQ) ....f -3- SECTION 4 That the City Secretary of the City of Fort Worth is hereby directed to publish the caption and. penalty clause and effective date of this ordinance for five (5) days in the official newspaper of the City of Fort Worth as authorized by Article 1T76b-1 TEXAS REVISED CIVIL STATUTES SECTION 5 That the City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption and penalty clause of same in the minutes of the City Council of Fart Worth and, by filing the ordinance in the ordinance records of said City SECTION 6 That this ordinance shall be in full force and effect from and after the date of passage and publication as above specified APPROVED S TO FORM AND LEGALITY Q~ 6 i~'~" ~. c,~ City Attorney ADOPTED _ E!~~~ ~~, 1 ~~ EFFECTIVE L~ /©. ~_~.~~ -4- -~ 7~Yayor ~~~1 ~®~~~a~ c~®~.~,~~a~~~a~~, DATE REFERENCE SUBJECT (',S,"}~le COIi]IilllniCatiOIIS Ordinances PAGE NUMBER 1 3/31/81 G-4931 1 of Background On 3uly 8 1980 (M&C G-4612) the City Co¶.~nci1 approved a cable communication system request for proposals and four dreaft ordinances By its action the Council declared its intent to adopt upon award of a franchise, ordinances which would contain provisions substantially similar to those included in the attach~;d general franchise ordinance ordinance relating to content ordinance establishing rates ordinance defining tenant and landlord rights and responsibilities with regard to cable service The general franchise ordinance was approved by the Council on March 17 1981 (CP-81) and adoption of the remaining three ordinances which rave been finalized by the Department of Law is proposed at this time Recommendation.. It is recommended that the City Council adopt the following cable communication system ordinances n ~~-66 1) Program Content Ordinance ADOP~'ED O~D~E~~~~~CE I~~~d ~J®'~ 2) Rate. Ordinance ADOPTED O~D~~~v~o~~ n~,~ 6'~0 8.3a~ 3) Landlord/Tenant Ordinance ~~~~~~~ ~~~~6~~~~~~ ~~~ ~~~'~ RAM j c Attachments APPROVED BY CITY COUNCIL MAC ~~ 1~$~ ~ ,~~s--~~'--'~,, C aaxatazy of tha C o! k'oxt Woxth~ xexa$ ,dam J SUBMITTED FOR THE ~ CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY ^ APPROVED ORIGINATING Paul ISham DEPARTMENT HEAD: ^ OTHER (DESCRIBE) CITY SECRETARY FOR ADDITIONAL INFORMpjIO~J Isham E~zt 7623 11111 DATE CONTACT