HomeMy WebLinkAboutCC 1985-12-16 Agendas
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CITY OF
NORTH RICHLAND HILLS
Department: Administration Council Meeting Date: 12/16/85
Transfer of Cable TV Franchise to Sammons Communications
Subject: Inc. - Resolution No. 85-35, Ordinance No. 1325, and Agenda Number: GN 85-120
Acceptance Agreement
Attached are copies of Resolution 85-35, Ordinance 1325 and' an Acceptance and Transfer
Agreement between the City of North Richland Hills and Sammons Communication, Inc.; all
of which embody the terms and conditions under which it is recommended that the Cable TV
Franchise presently held by CBS/Blackhawk be transferred to Sammons Communication, Inc.
These documents have been worked out by our consultant, John Gibbs, Councilman Jim
Ramsey and the City Manager and are believed to be the most favorable terms which can be
obtained in terms of protecting the cable television interests of the citizens of North
R1chland Hills for the remaining period of the existing franchise.
Recommendation:
It is recommended that the attached Resolution and Acceptance Agreement be approved, and
that Ordinance No. 1325 be read and approved on first reading.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Acct. Number
Sufficient Funds Available
KnZ~
Department Head Signature City Manager
CITY COUNCIL ACTION ITEM
, Finance Director
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Page 1 of
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December 13, 1985
ATTACHMENT A
ORDINANCE NO. 112')
AN ORDINANCE AMENDING ORDINANCE NO. 796
TRANSFERING THE NORTH RICHLAND HILLS CABLE TV
FRANCHISE TO SAMMONS COMMUNICATIONS, INC.
THE CITY OF NORTH RICHLAND HILLS, TEXAS DOES HEREBY ORDAIN
PREAMBLE. That the Preamble to North Richland Hills Ordinance
No. 796 be amended to read as follows:
"WHEREAS, the City Council of the City of North Richland Hills
has considered the request from CBS/Black Hawk Cable
Communications and Sammons Communications, Inc. for approval of
the transfer of the cable television franchise for North Richland
Hills from CBS, Inc. to Sammons Communications, Inc. and has
investigated the experience, technical qualifications and finan-
cial capability of Sammons Communications, Inc. and has found
that the citizens will be best served by approving the transfer
of the North Richland Hills Cable TV Franchise to Sammons
Communications, Inc¡"
Section 1. That Section 1 of Ordinance No. 796 be amended to
read as follows:
"Section 1. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: that Sammons
Communications, Inc., hereinafter called "Operator" is hereby
granted the non-exclusive right, privilege and franchise to
est.ablish, maintain and operate a cable television system in the
City of North Richland Hills until ti'h3 expiration of the period
of fifteen (15) years from the origina1effective date of
Ordinance No. 796."
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS , TEXAS THIS 16th DAY OF December ,
1985.
By:
Mayor
ATTEST:
..
t
December 13, 1985
RESOLUTION NO.
85-35
RESOLUTION OF THE APPROVAL OF CABLE OPERATER
CHANGE OF OWNERSHIP.
WHEREAS, CBS/Black Hawk Cable Communications and Sammons
-Communications, Inc. have requested the City of North Richland
Hills, Texas ("City") to approve the transfer of ownership of the
cable communications system in North Richland Hills from
CBS/Black Hawk Cable Communications from CBS, Inc. to Sammons
-Communications, Inc. ("SCI"); and
WHEREAS, Section 5 of the' North Richland Hills Cable TV
-Franchise-Ordinance No. 796 ("Franchise Ordinance") prohibits the
transfer of ownership of the North Richland Hills Cable
Communications System ("Cable System") without prior approval of
_ the City; and
WHEREAS, the City has reviewed the experience, technical
qualifications and financial capability of SCI to operate the
- Cable System;
NOW, THEREFORE, BE IT RESOLVED, by the City as follows:
The City hereby approves the request from CBS/Black Hawk
Cable Communications and SCI for approval of the proposed sale of
the business and assets ofCBS/Black Hawk Cable Communications
-from CBS, Inc. to SCI subject to the prior successful completion
of the following conditions:
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A. Amendment of Franchise. Adoption by City and
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a ~;cE.ptance by se I of Ordinance No. 1325 , attached
a part hereto as Attachment A. Ordinance No. . 112')
Ordinance amending Ordinance No. 796 and transfering
City's cable television franchise to SCI.
and made
is an
the
B. Acceptance and Transfer Commitment Agreement.
Adoption and execution by the City and SCI of the Acceptance
and Transfer Commitment Agreement attached and made a part
hereto as Attachment B.
C. Certificate of Insurance. Receipt by City of a
Certificate of Insurance evidencing that SCI, immediately
upon transfer, will have met all liability insurance require-
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ments set forth in Section 10 of North Richland Hills
Ordinance No. 797 and Section 2 of North Richland Hills
Ordinance No. 796.
C. Bond. Receipt by City of a ten thousand dollar
($10,OOO.O~ash bond, conditioned upon the assurance that
SCI will discharge all obligations and conditions set forth
in North Richland Hills Ordinance No. 796, as amended, North
Richland Hills Ordinance No. 797, and the Acceptance and
Transfer Commitment Agreement attached hereto as Attachment
B.
PASSED AND ADOPTED THIS
1985.
16th
DAY OF December
,
ATTEST: .
By:
Mayor
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11\
December 13, 1985
ATTACHMENT B
AGREEMENT
ACCEPTANCE AND TRANSFER COMMITMENT
AGREEMENT BETWEEN THE CITY OF NORTH RICHLAND HILLS,
TEXAS AND SAMMONS COMMUNICATIONS, INC.
WHEREAS, CBS/Black Hawk Cable Communications and Sammons
Communications, Inc. have requested the City of North Richland
Hills, Texas ("City") to approve the transfer of ownership of the
cable communications system in City ("Cable System") from
CBS, Inc. to Sammons Communications, Inc. ("SCI"); and
WHEREAS, the City has reviewed the experience, technical
qualifications and financial capability of SCI to operate the
Cable System; and
WHEREAS, the City, by action of its governing body on
December 16, 1985, adopted Resolution No. RS-1S approving the
request from CBS/Black Hawk Cable Communications and SCI for
approval of the proposed sale of the business and assets of
CBS/Black Hawk Cable Communications from CBS, Inc. to SCI subject
to certain conditions including the execution of this Agreement;
WHEREAS, the parties desire to enter into the Agreement
herein set forth, with the intent that this Agreement herein set
forth, the Franchise referred to herein, and all requests hereof,
be valid and enforceable and not in violation or inconsistent
with federal, state or local laws;
IN CONSIDERATION of the covenants, conditions, undertakings
and promises contatned her (:d.o and in Ordinance No. 796 of the
City, as amended, and Ordinance No. 797 of the City (both
Ordinances hereinafter referred to collectively as the
"Franchise"), the parties hereby agree as follows:
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REPRESENTATIONS AND WARRANTIES
SCI represents and warrants as follows:
A. That SCI has and will have the financial, legal and
technical ability to meet the requirements of the Franchise and
this Agreement;
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B. That the requirements of the Franchise and this
Agreement are and will be reasonable to meet the present and
future cable-related community needs and interests, taking into
account the cost of meeting those needs and interests;
C. That SCI is and will be ready, willing and able to meet
the requirements of the Franchise and this Agreement if and when
SCI is granted a franchise transfer;
D. All provisions of Section III of this Agreement shall be
deemed, for all purposes, to constitute material terms of the
Franchise and of this Agreement. That the failure to substantially
comply with any provision of Section III of this Agreement is a
failure to substantially comply with the material terms of the
Franchise;
E. That the Franchise and this Agreement do not constitute
a renewal of the Franchise and that the requirements set forth in
the Franchise and this Agreement do not constitute a request
for renewal proposal or terms or conditions of a renewal of the
Franchise;
F. That this Agreement and all requirements herein are, to
the best of SCI's knowledge, valid and enforceable and not in
violation or inconsistent with current federal, state or local
law.
II
ACCEPTANCE OF FRANCHISE
SCI represents and warrants as follows:
A. That all corporate action required to authorize the
acceptance of the Franchise and the execution and delivery of
this Agreement and all other documents to be executed and/or
delivered by SCI pursuant to the Franchise and all such other
documents to be executed and/or delivered by SCI to City in con-
junction with the tran~fer of the Franchise have been validly and
duly acted upon and are in full force and effect;
B. That SCI has carefully read the terms and conditions
of Franchise and this Agreement and accepts without reservation
the obligations imposed.
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III
TRANSFER COMMITMENT AGREEMENTS
In addition to any other requirements set forth in the
Franchise, SCI hereby commits to the following:
A. Cash Bond. SCI maintain on file with the City
Secretary, throughout the life of the Franchise, a ten thousand
dollar ($10,000.00) cash bond, conditioned upon the assurance
that SCI will discharge all obligations and conditions set forth
in the Franchise and this Agreement;
B. Certificate of Insurance. SCI shall maintain on file
with City, throughout the life of the Franchise, a Certificate of
Insurance certifying that SCI has met all liability insurance
requirements set forth in the Franchise;
C. Emergency Signal Override. SCI shall operate, at all
times throughout the life of the Franchise, its Cable System with
the capability of immediately interrupting signals as may be
necessary to provide adequate Civil Defense and disastor service
information and, by SCI, to prevent the distribution of obscene
or libelous material. The head of Civil Defense of City shall
activate the override in the event of Civic Defensé needs or
disaster.
D. Full-Bank FM Radio Service. SCI shall offer, throughout
the life of the Franchise, all Cable System subscribers the
opportunity to receive full-bank FM radio service via the Cable
System;
E. Connection To Public Buildings. SCI shall, without
charge for installation, maintenance or service, make single
installations of its standard service facilities to all pUblic
buildings, as determined by City, as requested by an authorized
official of the City;
F. Publi.c·,Educ,\tiondl and Governmental Access. SCI shall
provide, throughout thëllfe of the Franchise, one educational
access channel for the Birdville Independent School District, one
channel for the Tarrant County Junior College - Northeast Campus,
one governmental access channel, and one public access channel
for use by City residents. SCI shall provide, for use by access
channel programmers, all necessary studio equipment.
G. Security Alarm Services. SCI shall maintain, at all
times throughout the life of the Franchise, its Cable System with
the capability of installation of interactive security alarm ser-
vices.
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H. Institutional Connection Network. SCI will cooperate
with the City in any request by City for construction of an
Institutional Connection Network serving all municipally-owned,
or other public buildings in the City. Upon request by City, SCI
will construct an Institutional Connection Network approved by
City at the actual costs to SCI for labor and materials for the
construction of the Institutional Connection Network.
I. Franchise Fees. SCI agrees to pay City, within thirty
(30) days following the close of each calendar quarter, the sum
of five percent (5%) of the gross amount received from the opera-
tions of all facets of its business arising from operations
within the City and collected during each calendar quarter. Such
sum shall be compensation for the rights, privileges and
Franchise and in consideration of permission to use public
streets and ways within the City and in lieu of street and alley
rentals and charges for supervision for use of public streets and
ways within the City. Such gross receipts received from the
operations of all facets of SCI's business arising from opera-
tions within the City include, but are not limited to, fees
received by SCI for monthly service, installation, reconnection,
relocation, special services, 2-way service, leased access and
advertising.
J. Cablecasting of City Council Meetings. SCI shall, at
such times as so requested by the City, cablecast, on a live
basis, all North Richland Hills City Council meetings to all
basic cable service subscribers within the City.
K. Notification of Rate Change. SCI shall notify all Cable
System subscribers, in writing, at least thirty (30) days in
advance of any change in cable service rates. SCI shall permit
disconnection of any cable service, at any time, at no cost to
the subscriber.
L. Remote addressable converters. No later than January
1, 1988, SCI will commence a change-out of converters offered to
subscribers of, the Cable System to .provide addressable converters
which have. remote controL capability to üa.ch subscriber
requiring a converter. Such change-out shall be completed no
later than May 1, 1988.
M. Studio Equipment. SCI will continue to loan to the City
the studio equipment which has been provided by CBS/Black Hawk as
of the date of the transfer request which is the subject of this
Agreement. In addition, SCI will be responsible for maintaining
all such equipment. Further, SCI will reconnect the studio to
the Cable System when the studio is moved from its current loca-
tion in the library attached to City Hall to the new library and
will provide, at no charge, all personnel necessary to set up the
studio at the new location. SCI shall not be responsible for any
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damage or equipment failure resulting from the move. Following
the move of the studio, SCI will interconnect the studio with
City Hall.
N. Service Interruptions. SCI shall maintain the Cable
System in such a way that will avoid unreasonable or repetitive
interruptions in service to subscribers. Unless an interruption
is unforeseen and/or urgent, SCI will not interrupt service to
make tests, repairs, adjustments or installations during the
period of maximum subscriber use.
o. Consumer Response. SCI shall maintain an office near
City which shall be open during business hours, maintaining a
listed telephone number equipped to received complaints twenty-
four (24) hours a day, seven (7) days a week and provide
7-day-a-week response to all requests by subscribers for repairs
or adjustments. The response time for such call shall not exceed
twenty-four (24) hours. In addition, until such time as this
requirement may be waived by City, SCI shall maintain a
telephone, separate telephone number and such other requirements
that may be imposed, from time to time, by City, within the City
Hall of City.
P. Open Books and Records. The City Manager of City, or
his designee, upon seventy-two (72) hours written notice shall
have the right to inspect, during normal business hours, all
books, records, maps, service complaint logs, performance test
results and other like materials relating to the operation of the
Cable System within City.
Q. Audited Financial Statement. SCI shall file with the
City within one hundred twenty (120) days of the end of its
fiscal year, an audited financial statement of SCI and an offi-
cer's certified financial statement of the system serving City
and the surrounding communities.
R. Basic Cable Service. SCΠshall initially offer all
basic cable services offered by CBS/Black Hawk as of the date of
the execution of this Agreement.., SCI shall offer' the same
diversity of service offerings to subscribers as offered on the
Black Hawk System as of the date of execution of this Agreement.
IV
GENERAL TERMS AND CONDITIONS
A. This Agreement and the Franchise shall be binding upon
and shall inure to the benefit of the parties, their respective
successors, assigns and transferees. Any agreement entered into
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by SCI, or any parent, subsidiary, related corporation, partner,
or joint venture of SCI, its parent or any of its subsidiaries,
to sell the Cable System shall include a provision that this
Agreement and any Franchise provisions relating thereto will be
assigned by SCI and assumed by buyer.
B. This Agreement shall be interpreted in accordance with
Texas law.
c. The failure of the City to strictly enforce the
Franchise or this Agreement shall not be construed as a waiver or
as excusing SCI from future performance.
D. The failure to substantially comply with any provlslon
of Section III of this Agreement is a failure to substantially
comply with the material terms of the Franchise.
Dated
, 1985
CITY OF NORTH RICHLAND HILLS,
TE XAS
By:
Its
Notary Public
And
Its
Dated , 1985.
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E~:1\t'¡MONt-: (,OMI;¡UNICL~TIONS, :LNC,
By:
Its
Notary Public
And
Its
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CITY OF
NORTH RICHLAND HILLS
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Department: Fire Department
Contract with Tarrant County Hospital District
SUbject: Relatina to Trainina of City Personnel in
Emergency Medical Care - Resolution No. 85-34
Council Meeting Date: 12/16/85
Agenda Number: GN 85-121
The Fire Department will be conducting a school in January, 1986 for training of its own
personnel as well as other area Fire Department personnel in obtaining their
certifications as Emergency Medical Technicians. This schooling requires each student
to work in a hospital emergency room and operating room for a period of 40 hours to
establish medical skills in a "hands-on" environment.
North Hills Hospital has, in the past, permitted the Fire Department to utilize its
facilities, but for this upcoming school they have requested that each student provide
their own medical malpractice insurance. Some students from other area departments do
not provide this type of insurance.
John Peter Smith Hospital will allow all students to train in their facility provided
there is a written agreement between the two agencies. City Attorney Rex McEntire
recommends a resolution confirm this agreement in permitting medical students to be
trained at John Peter Smith.
Recommendation:
Approve the attached Resolution.
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Finance Review
Acct. Number
Sufficient Funds Available
1
Source of Funds:
Bonds (GO/Rev.)
Operating Budge
Other
1
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f?flld~
Slgnat r , City Manager
CITY COUNCIL ACTION ITEM
, Finance Director
Page 1 of
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RESOLUTION NO. 85-34
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONTRACT WITH THE TARRANT COUNTY HOSPITAL DISTRICT
RELA TING TO TRAINING OF CITY PERSONNEL IN EMERGENCY
MEDICAL CARE THROUGH OBSERVATION OF EMERGENCY ROOM
PROCED URES.
Be it resolved by the City Council of the City of North Richland
Hills, Texas:
1.
That the City Manager is hereby authorized to execute a contract
with the Tarrant County Hospital District relating to training of City
personnel in emergency medical care through observation of emergency room
procedures.
2.
A true and correct copy of said contract is attached hereto and
incorporated herein for all intents and purposes.
day of December, 1985.
PASSED AND APPROVED on this
Mayor
ATTEST:
City Secretary
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
THE STATE OF TEXAS
COUNTY OF TARRANT
§
§
§
AGREEMENT
This Agreement is made by and between the Tarrant County
Hospital District (District) of Fort Worth, Texas, and the City of North
Richland Hills (City), Tarrant County, Texas:
WITNESSETH:
WHEREAS, the District operates John Peter Smith Hospital, which
provides full and complete hospital services facilities, and
WHEREAS, the District maintains as an integral part of its Hospital
an emergency room providing medical care for both pay and non-pay patients
as well as functioning as a teaching facility, and
WHEREAS, City is desirous of training its Fire Department
personnel in emergency medical care so that the City may further insure the
safety, health and welfare of its citizens, and
WHEREAS, the City is desirous of the Hospital allowing its
personnel to observe in the Hospital's Emergency Room, and to gain the
necessary experience to qualify their personnel in training of emergency
medical service.
NOW, THEREFORE, for and in consideration of the mutual
convenants expressed herein, the District and the City agree as follows:
1. The District agrees to allow City Personnel to observe
Emergency Room operations and to assist them in meeting the criteria
established by the City in obtaining the status sought in their emergency
medical training.
2. The District agrees to provide proper orientation to the
instructors and City personnel so that they may properly learn Emergency
Room locations and procedures in order to properly train the personnel.
3. The District agrees to communicate and cooperate with the City
if problems arise regarding space problems, discipline or any other problem
that may arise during the course of this program.
4. The Hospital agrees to see that no person is excluded from
participation in this program or discriminated against by the Hospital because
of that persons race, sex, religion, or national origin, and to see that all
non-discriminatory practices are followed.
5. The City agrees to notify the Hospital whenever City personnel
will be trained in Hospital emergency rooms within a reasonable time, and to
see that only a workable number of personnel will be assigned at anyone time
to the Emergency Room.
6. The City agrees to instruct its personnel as to Hospital policies
and to comply with those Hospital policies.
7 . The City agrees to investigate all complaints from this program
coming from Hospital personnel and to cooperate in alleviating any of the
problems that may arise.
8. The City agrees to hold the District harmless for any injury to
or loss or damage to personal property suffered by City personnel on the
premises of the Hospital, unless this injury occurred when City personnel
were acting pursuant to direct orders given by Hospital Emergency Room
personnel, or unless injury occurred due to negligence of the Hospital.
Furthermore, the City agrees to hold the District, the members of its Boards
of Managers, its officers, agents and employees harmless of any loss
whatsoever arising from or through any errors. omissions or negligence on
the part of the City or its personnel acting without direct supervision or on
direct orders of Emergency Room personnel.
9. It is agreed between the parties that this Agreement is not
exclusive and the City may assign its personnel to other hospitals, and the
Hospital may continue to train other personnel.
10. This Agreement may be amended if both parties agree to the
amendment after the amendment is submitted in writing to both parties. Any
amendment to this Agreement shall be attached and become a part of this
Agreement as if it were set out in the original Agreement.
11. Either party may terminate this Agreement by written notice to
the other party at least thirty (30) days prior to the termination date.
SIGNED THIS
day of
, 1985.
CITY OF NORTH RICHLAND HILLS
Date
By:
Ci ty Manager,
City of North Richland Hills
APPROVED AS TO FORM AND
LEGALITY:
RECOMMENDED BY:
City Attorney
Fire Chief,
City of North Richland Hills
TARRANT COUNTY HOSPITAL DISTRICT
Date
By:
Administrator,
John Peter Smith Hospital
ATTEST:
City Secretary