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HomeMy WebLinkAboutOrdinance 12186~a s-- ,5 `'°~ h Y y: n Attachment to M&C G-11243 ORDINANCE NO. ~~ AN ORDINANCE GRANTING A LIMITED FRANCHISE TO CAMPUSLINR COMMUNICATIONS SYSTEMS, INC., TO OWN, OPERATE AND MAINTAIN A CABLE COMMUNICATIONS SYSTEM ONLY WITHIN A DESIGNATED AREA OF THE CITY OF FORT WORTH, TEXAS, SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Campuslink Communications Systems, Inc. ("Campuslink") has applied to the City of Fort Worth ("the City") for a limited franchise to operate a cable communications system only within a designated area of the City; and WHEREAS, the City is willing to grant Campuslink the right to use certain public streets, highways and easements of the City for the installation of equipment, appliances or appurtenances, above or below the surface of the same, in order to make the operation of such system practicable; and WHEREAS, the City Council has determined that it is in the best interest of and consistent with public necessity and convenience of the City to grant a limited franchise to operate a cable communications system only within a designated area of the City on the terms and conditions hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: 1. DEFINITIONS. For the purpose of this Ordinance, the following terms, words and phrases and their derivations shall have the meanings set forth below unless the context indicates otherwise. When not "'~ ~. r. ,t +, ~. i ~ ~ ~ ,. p. y -4 ~, inconsistent with the context, words used in the present tense include the future tense, and vice versa, and words in the singular number include the plural number, and vice versa. The word "may" is permissive; the word "shall" is mandatory and not merely directory. Words not defined shall be interpreted according to their common and ordinary meanings. "Basic subscriber service" shall mean all subscriber services provided by Campuslink to the areas of the Texas Christian University' ("TCU" ) campus which are outlined in red on Exhibit "A" , including the delivery of broadcast signals covered by the regular monthly charge paid by all subscribers and including the delivery of telephone services, but excluding optional services for which separate charges are assessed. Such services shall not be provided outside the areas outlined in red on Exhibit "A." "Cable communications 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, cable television, telephone, data and other forms of electronic or electrical signals to the areas of the TCU campus outlined in red on Exhibit "A". This term 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 that does not use City rights- of-way. The system shall not be used to provide services outside the areas outlined in red on Exhibit "A." }` _.~„~" ~', 1 ~~ {,~ Y, "Converter" shall mean an electronic device that converts signals to a frequency not susceptible to interference within the television receiver of a subscriber and that permits a subscriber to view all signals delivered at designated converter dial locations by an appropriate channel selector. "Easement" shall mean a right-of-way owned by the City whose terms, conditions or limitations are not inconsistent with the erection, construction or maintenance of a cable communications system, its structures or equipment. "Gross revenue" shall mean all revenue derived directly or indirectly by Campuslink, its affiliates, subsidiaries, parent and any person in which Campuslink has a financial interest, from or in connection with the operation of the cable communications system hereunder, including, but not limited to, basic subscriber service monthly fees, pay cable fees, installation and reconnection fees, leased channel fees, converter rentals, optional service fees and advertising revenue; provided, however, that this term shall not include any fees paid to Campuslink by TCU for management of telephone billing and customer services or taxes on services by Campuslink imposed directly upon any subscriber or user by the State of Texas, the City or any other governmental unit that are collected by Campuslink on behalf of the same. "Installation" shall mean the connection of the cable communications system from feeder cable to subscribers' terminals. "Sidewalk" shall mean that portion of a street not on private land, other than the roadway, and set apart by curbs, barriers, -3- r- ~ ,. ~, ~ .. ;, _ ~,. markings or other delineations, including parkways, for pedestrian travel. "Street" shall mean a way or place of any nature that is publicly maintained and open to use by the public for purposes of vehicular traffic, including, but not limited to, roads, highways, bridges, tunnels or alleys. "System" shall mean a "cable communications system" as defined herein. 2. NATURE OF FRANCHISE AGREEMENT. A. Grant of Limited Franchise. The City hereby grants to Campuslink from the effective date of this Ordinance, as stated in Section 28, a nonexclusive right, privilege and limited franchise to construct, operate and maintain a cable communications system in, over, under, along and across the streets, sidewalks and easements, as shown in red on the map labeled Exhibit "A", for the sole purpose of providing basic subscriber and other cable communications services in the areas of the TCU campus outlined in red on Exhibit "A", attached hereto and incorporated herein by reference for all purposes. Campuslink acknowledges that the limited franchise granted hereunder does not authorize Campuslink to construct, operate or maintain a cable communications system outside the areas outlined in red on Exhibit "A" and Campuslink agrees not to provide services in parts of the City which are outside such areas. -4- ,s' B. Grant Not Exclusive. Campuslink acknowledges that the limited franchise granted hereunder is not exclusive. The City expressly reserves the right to grant other franchises or privileges to other individuals, partnerships and corporations as well as the right to use its streets, sidewalks and easements for any purpose it wishes in addition to the limited franchise granted to Campuslink hereunder. 3. TERM OF FRANCHISE GRANT. The term of this franchise shall commence on the effective date of this Ordinance and end five ( 5 ) years from such date unless terminated sooner as provided herein. 4. FRANCHISE FEE. A. Amount. Campuslink agrees to pay the City an annual franchise fee of five percent (5$) of its gross revenue as defined in Section 1. Payments of this annual franchise fee shall be made on a quarterly basis following the effective date of this Ordinance. Any franchise fee payment not received by the City within forty-five (45) days from the due date shall be assessed daily interest at the annual rate of ten percent (10~).. -5- L :r ~ ~~ -/' ~ ~, r~ ~. B. Specific Requirements. No portion of the franchise fee shall be noted separately on any bill to any customer or user of services or commodities provided by Campuslink, except as otherwise provided by law. In addition, payment of the franchise fee shall not exempt Campuslink 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. C. No Waiver. Acceptance of any franchise fee payment, recalculated additional compensation, cost or penalty by the City shall not be construed either as an accord that the amount of such payment is, in fact, the correct amount or as a release of any claim that the City may have against Campuslink for additional or further compensation due the City under this Ordinance. 5. FINANCIAL STATEMENTS AND AUDITS. A. Quarterly Reports. With its quarterly payment of the annual franchise fee, Campuslink shall also submit a statement of its gross revenue for the respective quarter. This statement shall provide a breakdown of the gross revenue generated by each location served as granted by this Ordinance. This statement shall be certified as accurate and complete by an appropriate official of Campuslink, and Campuslink shall maintain sufficient documentation to support the figures reported in each -6- ,6~: X .. ~ , , ~, quarterly financial statement submitted to the City. If the City and Campuslink subsequently agree to calculate the annual franchise fee on a basis other than gross revenue, Campuslink agrees to alter the content of its financial statements appropriately so that they will continue to document sufficiently the quarterly franchise fee payment due the City. B. Audits by City. The City shall have the right to review and audit Campuslink's income records, related books and other pertinent records and, on the basis of such, to recalculate any amount ~of compensation due under this Ordinance. If any review or audit reveals that Campuslink owes the City additional compensation, Campuslink agrees to pay the full amount of such recalculated additional compensation upon receipt of written notice and delivery of a copy of the audit report. Any amount of recalculated additional compensation not received by the City within thirty (30) days following receipt of written notice shall be assessed daily interest at the annual rate of ten percent (10$). 6. CONSTRUCTION OF SYS_T_EM. A. Authorization to Commence. Within ninety (90) days of the effective date of this Ordinance, Campuslink shall submit completed applications for all necessary government permits, licenses, certificates and authorizations, including, but not limited to, those of the -7 - :_~- City's Departments of Development, Engineering, and Transportation and Public Works. B. Construction Standards. Upon receipt of all necessary permits and approvals, Campuslink shall construct and install its cable communications system in a manner consistent with all federal, state or local laws, ordinances, rules and regulations, all construction and technical requirements and standards of the Federal •Communications Commission ("FCC") and other government agencies, and in accordance with the plans and standards submitted by Campuslink as part of its application for the limited franchise granted hereunder, labeled Exhibit "B", attached hereto and incorporated herein by reference for all purposes. The receipt of any permit or approval shall not relieve Campuslink of its full responsibility and liability for the concept, design, preparation of plans and specifications, and all actual construction work performed hereunder. Upon completion of construction and thereafter there shall be no encroachments in, under, on or above the surface area of the streets, sidewalks or easements involved except as shown on Exhibit "A". C. Third Party Interests. Campuslink's system, conduits, ducts, cables, vaults, structures, poles, wires and appurtenances shall be located, erected and maintained in a manner that does not endanger or interfere with the life of any person or with any improvements -8- 1. .1, ,_ ., made by the City and that does not unnecessarily hinder or obstruct the free use of streets, sidewalks, easements or other public property. Campuslink understands and agrees that the limited franchise granted hereunder shall not convey any right to use or occupy property in which a third party may have any interest. D. Interference with Utilities. Campuslink's system, conduits, ducts, cables, vaults, structures, poles, wires and appurtenances shall be located, erected and maintained in a manner that does not interfere with any gas, electric or telephone facilities, traffic control signals, street lights, fire lines or communications lines and that does not hinder in any manner the various utilities serving the residents of the City. In the event that 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 of the system hereunder, Campuslink shall pay the City an amount equal to such additional cost as determined by the Director of the City's Department of Transportation and Public Works or designee. E. Restoration of Property Affected by Construction. Campuslink, at its sole expense, shall replace and restore all paving, sidewalk, driveway or surface of any street or alley disturbed in any way by construction of the -9- '{ ~ ~ ~. i~. :i..` n system hereunder to the same condition that existed prior to such construction and in accordance with all standards set for such work by the Director of the City's Department of Transportation and Public Works. 7. MAINTENANCE_OF SYSTEM AND CUSTOMER SERVICE STANDARDS. A. General Requirements. Campuslink shall operate and maintain its cable communications system in a good condition and in a manner consistent with all federal, state or local laws, ordinances, rules and regulations, all technical requirements and standards of the FCC and other government agencies, and in accordance with the plans and standards submitted by Campuslink as part of its application for the limited franchise granted hereunder, labeled Exhibit "B". B. Interference with Reception. Campuslink shall not allow its cable communications or other operations to interfere with television reception of persons not served by Campuslink. C. Customer Service and Repairs. Campuslink shall render efficient service to all subscribers, make any necessary repairs promptly and interrupt service only for good cause and for the shortest amount of time possible under the circumstances. Whenever possible, interruptions in service shall be preceded by reasonable notice to subscribers and shall occur during periods of -10- '~~ ~i .l' y TJT "' T minimum system use. If the City determines that Campuslink has at any time failed to maintain the efficient service and prompt repair work required hereunder, it shall deliver written notice to Campuslink of specific improvements that it expects Campuslink to make. Campuslink shall make such improvements within ninety (90) calendar days of receipt of notice. Any failure to implement fully the improvements required by the City's written notice to Campuslink within such time shall constitute a violation of this Ordinance. D. Community Liaison. Gampuslink agrees to designate an individual to serve as a liaison with the City in order to help resolve customer service matters, questions and any other issues that may arise during the term of this Ordinance. E. Future Regulations. Campuslink acknowledges that under applicable law the City may at any time unilaterally establish and enforce reasonable customer service regulations, including regulations that exceed or are not addressed by standards promulgated by the FCC or established in this Ordinance. 8. RESERVATION OF CITY STREET RIGHTS. Campuslink agrees that the City may enter and utilize the areas indicated on Exhibit "A" or otherwise occupied by Campuslink's system in order to install or maintain improvements necessary for the health, safety and welfare of the public or for -11- i t. any other public purpose. In this respect, although the City will use reasonable efforts to avoid or minimize any damage to or disruption of improvements installed by Campuslink, the City shall not be responsible or liable. to Campuslink for any such damage or disruption. 9. INSURANCE. A. Amount and Type of Coverage. Campuslink shall procure and maintain at all times, in full force and effect, a public liability insurance policy naming the City of Fort Worth as an additional insured and providing coverage of one hundred thousand dollars ($100,000) per occurrence for property damage, and five hundred thousand dollars ($500,000) per occurrence for personal injury or death, for all public risks related to the proposed use and occupancy of the public property described in Exhibit "A." B. Increases in Limits. The City shall have the right to revise insurance coverage requirements and limits at any time. Campuslink agrees that within thirty (30) days of receipt of written notice from the City, Campuslink shall implement all revision's requested. C. Specific Endorsements and Requirements. As a condition precedent to the effectiveness of this franchise granted by this Ordinance, Campuslink shall furnish the City with a certificate of insurance signed by the -12- underwriter as proof that it has obtained the types and amounts of insurance coverage required herein. The policy shall be endorsed to provide that no material changes in coverage, including, but not limited to, cancellation, termination, non-renewal or amendment, shall be made without thirty (30) days' prior written notice to the City. 10. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Campuslink shall operate as an independent contractor as to all rights and privileges granted herein, and not as an agent, representative or employee of the City. Campuslink shall have the exclusive right to control the details of its operations and activities and shall solely be responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, patrons, licensees and invitees. Campuslink acknowledges that the doctrine of respondeat superior shall not apply as between the City and Campuslink, its officers, agents, servants, employees, contractors and subcontractors. Campuslink further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between the City and Campuslink. 11. INDEMNIFICATION. Campuslink hereby assumes all liability and responsibility for property loss, property damage and/or personal injury of any kind, including death, to any and all persons, of any kind or character, -13- :, :-~. ,. ,. whether real or asserted, arising out of or in connection with, directly or indirectly, the construction, maintenance, occupancy, use, existence or location of the system granted hereunder, whether or not caused, in whole or in part, by alleged negligence of the City, its officers, agents, servants, employees, contractors, subcontractors, licensees or invitees. Campuslink covenants and agrees to, and does hereby, indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from and against any and all claims or lawsuits for either property damage or loss (including alleged damage or loss to Campuslink's business and any resulting lost profits) and/or personal injury, including death, to any and all persons, of any kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the construction, maintenance, occupancy, use, existence or location of the system granted hereunder, whether or not caused, in whole or in part, by alleged negligence of the City, its officers, agents, servants, employees, contractors, subcontractors, licensees or invitees. Campuslink assumes all responsibility and agrees to pay the City for any and all injury or damage to the City's property which arises out of or in connection with any and all acts or omissions of Campuslink, its officers, agents, employees, contractors., subcontractors, licensees, invitees, patrons or trespassers, whether or not caused, .i:n whole or in part, by alleged negligence -14- ,. 1 ~ , ` ,. of the City, its officers, agents, servants, employees, contractors, subcontractors, licensees or invitees. 12. HAZARDOUS MATERIALS. A. Compliance with Laws and Regulations. Campuslink shall comply with all applicable federal, state and local laws, regulations and orders, now in existence or promulgated in the future, which pertain to hazardous substances as defined by the Environmental Protection Agency ("EPA"), including, but not limited to, regulations of the EPA, the United States Occupational Safety and Health Administration ("OSHA"), the Texas Natural Resource Conservation Commission ("TNRCC") and the Texas Department of Health ("TDH"). B. Inspection of System. Campuslink shall maintain and inspect its facilities and equipment, including, but not limited to, its conduits, ducts, cables, vaults, structures or other facilities located in the City to ensure that they are in compliance with all hazardous substance laws and regulations. Upon reasonable notice to Campuslink, the City may inspect Campusl.ink's facilities and equipment to determine if any release of hazardous substances has occurred or if a release of hazardous substances may occur from or in relation to Campuslink's facilities. Campuslink agrees to cooperate fully with any City inspection for hazardous substances and, at its sole -15- :~ .r ., ,',' cost, to remove any such substances and contaminated facilities and equipment. C. Indemnification.. In addition to Section 11, Campuslink also agrees to forever indemnify the City against any claims, costs or expenses of any kind, whether direct or indirect, that are incurred by the City as a result of hazardous substances that are associated in any way with Campuslink's facilities or equipment. 13. TRANSFER OF SYSTEM. A. Approval of City Required. Campuslink shall not in any manner sell, assign, transfer, lease, sublet or mortgage, either' in whole or in part, the limited franchise granted hereunder 'to any party, including affiliates, subsidiaries or parent companies of Campuslink, without the prior written consent of the City. Any such transaction that does not receive the prior written approval of the City shall be null and void, and Campuslink agrees to indemnify and hold harmless for any action taken by the City to enjoin or otherwise prevent the operation of the system by a third party, and from all costs incurred by the City as a result of such action, including, but not limited to, court costs, attorneys' fees and all costs associated with the City's removal of the system from, and subsequent restoration of, the City's property. -16- I ~ J. ~. ~ .~.~ t - A': B. Procedure. If Campuslink seeks to transfer its system to a third party, including an affiliate, subsidiary or parent company of Campuslink, for the operation and maintenance of a cable communications system, it shall provide the City with written notice of its intent. This written notice shall include an application submitted by the third party for a limited franchise to operate and maintain a cable communication system in the City. The City shall have one hundred and twenty (120) days from the date it receives such written notice either to approve or reject Campuslink's request. In the event the City does not provide Campuslink with written notice of its decision either to approve or reject the proposed transaction request within this time, the transaction shall be deemed to be approved. C. Qualifications of Third Party. The City shall have the right to reject the proposed transaction unless the party seeking to assume the franchise demonstrates to the satisfaction of the City that it has the financial, technical and legal abilities necessary to perform the obligations hereunder. Campuslink agrees to cooperate with the City in its evaluation of such party. D. Third Partv's Assumption of Duties Hereunder. The City shall not approve a request from Campuslink to sell, assign, transfer, lease, sublet or mortgage the -17- ~~ ,. ~. limited franchise granted hereunder to any party unless that party consents to the terms and conditions of this Ordinance. 14. PENALTIES. In the event that Campuslink violates any provision of this Ordinance, the City shall provide Campuslink with a written notice of the violation and a demand that Campuslink cure the violation immediately. If Campuslink fails to cure or remeay zne violaLa.on to the satisfaction of the City within thirty (30) days following provision of such written notice, the City shall have, in addition to its forfeiture rights set forth in Section 15 and in addition to any other rights set forth elsewhere in this Ordinance, the right to assess a penalty against Campuslink in an amount of up to $1,000 per day per violation. This Section 14 shall not limit in any way the application of additional or more stringent regulations that may be established by the City in the future in accordance with applicable law. 15. FORFEITURE AND TERMINATION. A. Declared by City. In addition to the penalties set forth in Section 14 and in addition to any other rights set forth elsewhere in this Ordinance, the City shall have the right immediately to declare a permanent forfeiture of the limited franchise granted and to terminate all of Campuslink's rights hereunder for any of the following reasons: -18- i (1) Campuslink breaches or otherwise violates any provision of this Ordinance and does not cure, correct or otherwise remedy the violation to the satisfaction of the City following thirty (30) days' written notice to Campuslink to correct the violation; or (2) Campuslink's construction schedule is delayed for any reason for over twelve (12) months; or (3) Campuslink becomes insolvent, involved in any proceedings in bankruptcy, or is unable or unwilling to pay its debts; or (4) Campuslink is found by a court of competent jurisdiction to have practiced any fraud or deceit upon the City; or (5) Campuslink at any time fails to obtain or maintain any permit required by any federal or state regulatory body. B. Declared by Campuslink. Campuslink may terminate the franchise granted hereunder upon written notice provided to the City not less than sixty (60) days prior to the effective date of such termination. In this event, Campuslink shall remove its system from City property and restore such property in accordance with Section 17 of this Ordinance. -19- .~. a 7. ~iy? 3 ~ i 16. USE OF PUBLIC PROPERTY FOR PUBLIC PURPOSES. Campuslink acknowledges that all public streets, sidewalks and easements, including those used by Campuslink hereunder and described in Exhibit "A" , are held by the City as a trustee for the public. If at any time the City Council, in its sole discretion, determines that it is necessary to use the streets, sidewalks and easements described in Exhibit "A" for any public purpose, including, but not limited to, surface, overhead or underground' communication, drainage, sanitary sewerage, transmission of electricity or natural gas, the City shall have the right to terminate the franchise granted hereunder immediately. 17. RESTORATION OF CITY PROPERTY BY CAMPUSLINR. Upon either expiration or termination of the franchise granted hereunder for any reason, Campuslink shall at its sole expense remove all designated portions of its system from streets, sidewalks, easements and other public property and restore all public streets and adjacent supporting. structures to a condition and in a manner that is acceptable to the City and that has received approval from the Director of Transportation and Public Works or designee. 18. NOTICES. Notices required pursuant to the provisions of this Ordinance shall be conclusively determined to have been delivered when (1) hand-delivered to the other party or its employees or agents or ( 2 ) -20- ~ 1 deposited in the United States Mail, postage prepaid, return receipt requested, and addressed as follows: To CITY: ATTN: CABLE COMMUNICATIONS ADMINISTRATOR CITY OF FORT WORTH OFFICE OF CABLE COMMUNICATIONS 401 W 2ND ST FORT WORTH TX 76102 To CAMPUSLINR: ATTN: PRESIDENT CAMPUSLINK COMMUNICATIONS SYSTEMS, INC 460 SUMMER ST STANFORD CT 06901 19. RECORDING DEPOSIT. Upon written acceptance of this Ordinance, Campuslink agrees to deposit with the City the sum of money necessary to pay all fees required in order to record the franchise granted hereunder in its entirety in the deed records of Tarrant County, Texas. 20. GOVERNING POWERS. The power and right to regulate the exercise of the privileges permitted by this Ordinance shall at all times be vested in the City Council. Campuslinlt acknowledges that this Ordinance is subject to the Charter of the City of Fort Worth, now in effect or hereafter adopted or amended. It is further understood and agreed that by the grant of the franchise hereunder the City does not waive or surrender any of its governmental powers. -21- ~~ ~}~ 1, 21. NO WAIVER. The failure of the City to insist upon the performance of any term or provision of this Ordinance or to exercise any right granted herein shall not constitute a waiver of the City's right to insist upon appropriate performance or to assert any such right on any future occasion. 22. VENUE. Should any action, whether real or asserted, at law or in equity, arise out of the terms of this Ordinance or by Campuslink's operations in the City, venue for such action shall lie exclusively in Tarrant County, Texas. 23. ATTORNEYS' FEES. In any action brought by the City for the enforcement of the obligations of Campuslink hereunder, the City shall be entitled to recover interest and reasonable attorneys' fees. 24. SEVERABILITY. If any provision of this Ordinance shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. -22- { - v. ~ 25. WRITTEN ACCEPTANCE. Within thirty (30) days following the effective date of this Ordinance, as a condition precedent to the effectiveness of the franchise granted hereunder, Campuslink shall file in the Office of the City Secretary of the City of Fort Worth a written acceptance of this Ordinance, executed by Campuslink and meeting with the approval of the City Attorney. A failure on the part of Campuslink to file such a written acceptance within this time shall be deemed an abandonment and rejection of the rights and privileges conferred hereby and this Ordinance shall 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 the same as i.f it were a contract between Campuslink and the City. 26. OTHER AUTHORITY SUPERSEDED. Upon the effectiveness of the franchise granted hereunder, any and all authority to operate previously granted by the City to Campuslink is hereby superseded by this Ordinance. 27. PUBLICATION. The City Secretary of the City of Fort Worth is hereby directed to publish this Ordinance in its entirety once a week for four (4) consecutive weeks within a period of thirty (30)days following its passage in the official newspaper of the City, as required by Section 2 of Chapter XXV of the City Charter of the -23- .. t- ,u~~ ~ a City of Fort Worth, Texas. Campuslink shall be responsible for the cost of such publication. 28. EFFECTIVE DATE. Subject to Sections 3 and 25, this Ordinance shall be in full force and effect from and after its passage and publication, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: Assistant City orney Date : 9'~Z - 95` ADOPTED: ~~~ EFFECTIVE: ACCEPTANCE BY CAMPUSLINK Campuslink hereby accepts and agrees to be bound by all of the terms and conditions of Ordinance No. ,~~, as adopted by the City Council on the ~.~day of -'G1~, 1995. CAMPUSLINK COMMUNICATIONS SYSTEMS, INC. By : ~ PR~~~ D~ Its: Date : ~'1 01 q -24- _~ aa {{~~ gg {{~~ gg ~ ~~Epx¢ ~ BF~~~~~~8~G C~Sp D ~~~~j ~~M N N~t ~n~u w ~ ~~~ ~~ ~~ ~ ~ ~~~ N ~ ~ ~ ~~ ~ ~ ~ ~ ~~~ O • • v • V • Y y ~1 N ~ Z 4~~~ ~ ~ ~~a N ^ ~ ' V ~~~ ~~~~~ ~~ ~ ~ ~ Exhibit A, page 1 ~ o~ j 00 D ~ ~~~ Q Q ~ ~ ~ .!!i o ~ ~ ~ o ~, o ! Q ~ o ~ aQ89 ~~PQ »p~~:~ Q ~ ? -~ Q QY' 1 g. ?~ ri .F -p ~s~~!~ ~ ~ ~ Q Z ~ ~~ -~ ~ ~ ~ o~ ~~~ - ® Q ~ ~~ Ti-iT~1 n Exhibit A, page 2 Each street crossing need for the CampusLink project is described as follows. ~1 Two (2) 4" bores across the 2800 block of South University Drive, approximately 300 feet south of West Cantey Street. Within this crossing will be one (1) 750 video feeder cable and: one (1) 12 strand fiber cable _ 2 Two (2) 4" bores across the 2900 block of South University Drive, approximately 300 feet north of West Bowie Street. Within this crossing will be one (1) 750 video feeder cable and one (1) 12 strand fiber cable 3 One (1) 4" bore across the 2800 block of Stadium Drive, approximately 100 feet south of West Cantey Street. Within this crossing will be one (1) 750 video feeder cable and one (1) 12 strand fiber cable Enclosed is a print with the approximate locations visibly marked. wi, a '~~ ,r~Yy_ `0~ Exhibit B, page 1 f~i~iT11i_Til SYSTEMS, Inc. June 30, 1995 Ms. Sue Winter Office of Cable Communication 401 West Second Street Fort Worth, Texas 76102 Dear Ms Winter Please process this application for a hmrted franchise. You requested that we provide mne different pieces of information, that we complete the enclosed draft of an application and also that we enclose a check for $500 00 You will find the requested information below and the completed application and check enclosed. 1 Business name. The name of our company is CAMPUSLINK CO1~~lUNICA77ONS SYSTE1l~S, INC. Please note that we were formerly known as SRC SYSTEMS, INC. 2 Business address. The address of our company is 460 Summer Street, Stamford Connecticut, 06901 3 Contact person, tale and phone number The contact person, title and phone number, is Robert 1 Schwartz, President, (203) 358-9800, respectively 4 Describe the type of ownership of the business and list any affiliated business, including parent or subsidiary organizations The ownership of the business is privately held arui there are no affiliated businesses or parent or subsidiary organizations. 5. Describe the purpose(s) of your business The purpose of our business is to provide voice, data and video services to enhance education at colleges, universities and private prepatory schools. 6 Describe the type of sernce you propose to provide, your experience ~n providing rt, and your intended customers. ~C !~ YC'~ .. THE STATE OF TEXAS COUNTIES OF TARRANT AND DENTON I, Alice Church, City Secretary of the City of Fort Worth, Texas, do hereby certify that the above and foregoing is a true and correct copy of Ordinance No. 12186 duly presented to the City Council of the City of Fort Worth, Texas, at regular session held on September 26, 1995, as same appears of record in the Office of the City Secretary. WITNESS MY HAND and Official Seal of the City of Fort Worth, Texas, this the 27th day of February, A.D., 1996. ~*"~., . ^^~ ~`~ ~ City Secretary o t ,~;~ ~ City of Fort Worth, Texas ;~. -~ r°, .F.~ ~ 1 d ~ ~~' _` r '!w ..~ ~ Y~ ~ '4 i .~ ~j .. ~. sdY City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NAblBSR LOG NAME PAGE 09/26/95 G11243 12CAMPUS 1 of 1 sUSJECT GRANTING LIMITED CABLE COMMUNICATIONS FRANCHISE TO CAMPUSLINK COMMUNICATIONS SYSTEMS, INC RECOMMENDATION It is recommended that the City Council adopt the attached ordinance, granting a limited cable communications franchise to Campuslink Communications Systems, Inc ("Campuslink"), that authorizes Campuslink to provide telephone, data communications and cable television service only to designated areas of the TCU Campus DISCUSSION On July 9, 1995 an application was made by Campuslink to provide telephone, data communications and cable television service only to designated areas of the Texas Christian University Campus Construction of the system will require the use of the City's limited franchise policy Campuslink will pay a franchise fee of 5% of its gross subscriber revenues from operation of the system The Campuslink project will require four 4" bores across University Drive and one 4" bore across Stadium Drive FISCAL INFORMATION/CERTIFICATION The City Manager's Office, Cable Communications Division, will be responsible for collection and deposit of these quarterly franchise fee payments CB a Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) GGOI 421362 0132000 APPROVED Charles Boswell gsoo CITY COUNCIL Originating Department Head: Wade Adkins 7623 (fmm) rC ~7GP ~C ~~Q~ For Additional Information ~,~ f ~~t~ Contact: C1tF Setcretuy of tlt~ Sue Winter 6119 Citq Of Fort WorHyTe~tas Adopted Ordinance No: ~)D