HomeMy WebLinkAboutOrdinance 0796
NORTH RICHLAND HILLS CABLE TV FRANCHISE - ORDINANCE NO. 796
WHEREAS, the City Council of the City of North Richland Hills has
considered the applications of several cable television operators to
establish a system in North Richland Hills and has investigated their
qualifications and proposals and has found that the citizens will be
best served by the granting of a franchise to Black Häwk Comm.-Joseph Hipple;
Section 1. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS: THAT Black Haw~Joseph Hipple, hereinafter called
"operator" is hereby granted the nonexclusive right, privilege, and
franchise to establish, maintain, and operate a cable television system
in the City of North Richland Hills for a period of fifteen (15) years
from the effective date of this ordinance.
Section 2. THAT the operator shall have the same right to use public ways within the
City as the telephone franchisee has, together with the right to erect
and rent the use of poles, conduits, and other facilities of other utility
companies within the City. Such right shall be subject to the police
powers of the City, as well as the right to require the removal or relocation
without charge of any facility if such removal or relocation is required
for any public purpose. Operator shall idemnify and hold City harmless
from any action arising out of operator's activities and shall furnish
public liability insurance with the City as a named insured in the minimum
amount of $100,000.00 for personal injuries to anyone person, $300,000.00
for personal injuries arising out of anyone single accident, and $50,000.00
for property damage.
Section 3. Operator shall pay City within thirty (30) days following the close of each
calendar quarter a sum equal to three per cent (3%) of the gross amount received
from the operation of all facets of its business collected during such
calendar quarter until such time 5% is approved by FCC. Such sum shall be
compensation for the rights, privileges, and franchise herein conferred 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 of the use
public streets and ways within the City and in lieu of street and alley
rentals and charges for supervision of the use of such streets and public
ways. Such gross receipts shall include, but not be limited to, fees
received by operator for monthly service, installation, reconnection,
relocation, special services, two-way service, and leased access and
advertising.
Section 4. Operator has been made aware of the existing Ordinances of the City, and
agrees to be bound thereby.
Section 5. Neither the operator herein named shall sell or transfer its plant or
system to another, nor transfer fifty-one per cent (51%) or more of its
ownership or stock to any person, firm or corporation, nor make any
transfer which would result in a change in the controlling interest
of operator except upon prior approval of the City Council.
Section 6. Operator shall install and maintain a cable television system capable of
carrying at least thirty-five (35) channels with at least non-voice
return communications and two way capable, all of which shall meet or
exceed the standards established by the Federal Communications Commission
Rules, Subpart K, Technical Standard. The Company shall make available
lockout boxes to homeowners to prevent access to certain pay television
channels.
Section 7. Operator shall, without charge for installation, maintenance, or service,
make single installations of its standard service facilities at each fire
and police station, and at the City's recreation center, library, service
center, and city hall.
Such installation shall also be made to each public school and to the
Northeast Campus of Tarrant County Junior College. Such installations
shall be made at such reasonable locations as shall be requested by the
respective units of government or educational institutions. Any charge for
relocation of such installation at the same location may be made at cost
plus ten per cent (10%). No monthly service charges shall be made for
distribution of the operator's signals within such publicly owned buildings.
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Section 8. Operator may be required to interconnect its system with any other
broadband communication facility operating in an adjacent territory.
Should technology make interconnection with another cable originator
feasible, operator may be required to interconnect its local access system
with such cable operator if permitted by appropriate federal regulations
and subject to payment of reasonable charges. Such interconnection shall
be made within sixty (6) days of a request by the City. For good cause,
operator may request and City may grant reasonable extensions of time to
comply with requirements.
Section 9. Operatôr shall make a governmental access channel available to the City
upon request, together with a modulator and line from the head-end to
such City facility as City may select, without charge. Operator shall make
available to both Tarrant County Junior College, Northeast Campus, and
Birdville School District at least one educational access channel each,
together with modulators and lines from the head-end to the site selected
by the educational institution, without charqe.
Operator shall provide for local public access at no charge by maintaining
a studio with color cameras, audio equipment, and lights. Operator shall
install a system with the capability of immediately interrupting signals
as may be necessary to provide adequate Civil Defense and disaster service
information and to prevent the distribution of obscene or libelous material.
The operator shall enforce the access rules adopted by the North Richland Hills
City Council.
Section 10. Rates shall be established by the City's governing body. It is agreed that
initial rates as set forth on Attachment A hereto shall not be increased prior
to the expiration of three (3) years from this date. All rate proceedings
shall be governed by the City Charter and ordinances and shall generally
provide for rates which afford operator a fair return upon the value of
invested capital used and useful in rendering service within the City.
Value of invested capital shall be original cost less depreciation. Should
the operator1s assets be sold to a new operator, no weight shall be given
to such resale price, but the new operator shall, for rate purposes, take
the assets at the same basis has held by the seller.
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Section 11. City reserves the right to terminate and cancel this franchise and all
rights and privileges of the operator in the event the operator:
(1) violates any provision of this franchise or any ordinance
of City pertaining exclusively to public utility franchisees,
including cable television;
(2) becomes insolvent, unable, or unwilling to pay its debts;
(3) fails to obtain an FCC license to operate such system
within the City within six (6) months of the date of final
passage hereof;
(4) fails to complete construction of the system within two (2)
years of obtaining the FCC license.
(5) if operator allows any x-rated movies to be shown on any
cable channel.
Operator may request extensions of any times established by this section
caused by circumstances beyond his control.
Section 12. Operator shall within thirty (30) days of approval of this franchise file
with the City Secretary a $10,000..00 cash bond, conditioned upon the
assurance that operator will discharge the obligations and conditions
contained in this franchise. Such shall run to the City roor its use and
for the benefit of any person or persons intended to be protected thereby
and shall be conditioned on the payment of any damage to public or private
property and the payment of any damages or losses resulting from any
malfeasance, misfeasance, or nonfeasance or neglect in connection with
any of the activities or conditions imposed upon the operator by this
franchise ordinance.
Section 13. This ordinance and the right, privileges, and authority hereby grants shall
take effect provided that within ten (10) days after the date of the passage
of this ordinance the operator shall file with the City Secretary its
unconditional acceptance of this franchise ordinance and promise to comply
with and abide by all its provisions, terms, and conditions. Such acceptance
and promise shall be in writing duly executed and sworn to by the operator
before a Notary Public or other officer authorized by law to administer oaths.
Section 14. If any section, sentence, clause, or phrase of this ordinance is held
unconstitutional, this ordinance shall be voidable. In the event that the
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Federal Communications Commission declares any section invalid, then such
section or sections will be renegotiated by the City and the operator.
BE IT APPROVED:
PASSED AND APPROVED ON THIS 28th DAY OF January
, 1980.
APPROVED: CITY OF NORTH RICHLAND HILLS
ATTEST:
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ATTACHMENT A
RATES
Basic Subscriber Rate Installation Monthly Charge
First Outlet with Converter $15.00 $6.50
If Underground 25.00 6.50
Additional Outlet with 10.00 1. 50
Converter
FM Radi 0 10.00 1.50
Relocation 10.00
Reconnect 10.00
Home Box Office/Showtime 15.00 7.50
Mini-Pay 15.00 5.00
Hotels, Notels/Hospitals:
First Outlet with Labor & Materials 6.50
Converter
Each Additional Labor & Materials 1.50
Commercial Rates:
First Outlet with Labor & Materials 6.50
Converter
Each Add it i ana 1 Labor & Materials 1.50
Multiple Units - Bulk Rate:
Up to Five Unites 6.50 6.50
6 Units or More 5.00 20% Discount