HomeMy WebLinkAboutOrd 1982-824 Star CATV Investment Corp-Cable FranchiseORDIIIA14CE NO.E�
AN ORDINANCE GRANTING STAR CATV INVESTMENT CORP., ITS SUC-
CESSORS AND ASSIGNS, A PERMIT TO LOCATE, CONSTRUCT, MAINTAIN
AND OPERATE A TELEVISION ANTENNA SERVICE IN THE CITY OF ANNA,
TEXAS; AUTHORIZING THE USE, RIGHT, PRIVILEGE, POWER AND AU-
THORITY TO CONSTRUCT, MAINTAIN, OPERATE AND REMOVE Iii, OVER ADD
ACROSS THE STREETS, AVENUES, PARKWAYS AND PUBLIC PLACES THE
NECESSARY EQUIPMENT FOR THE OPERATION OF.A TELEVISION ANTENNA
SERVICE AND ELECTRONIC DISTRIBUTION SYSTEM IN THE CITY OF ANNA,
TEXAS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS:
SECTION 1. The word "City" as hereinafter used shall mean
and designate the City of Anna, antl the words "Company" or
"Franchisae" as hereinafter used shall mean and designate Star
CATV Investment Corp. "Cable System" or "Cable CommunicatJon
System" or "CATV" or "System" as hereinafter used shall mean a
system of coaxial cables or other electrical conductors and
equipment used or to be used to originate or receive televisl on
or, radio signals dJrectly or indirectly off the air and to
transmit them via cable to subscribers for a fixed or variable
i'ee, including the originations, receJpt, transmission and
distribution of voices, sound signals, pictures, visual im-
ages, digital signals, telemetry, or any other type of closed
circuit transmission by means of electrical Jmprelses, whether
or not directed to originating signals or receiving signals off
the air. The word "Froperty" as hereinarter used shall .can and
designate all rights and contracts of whatever kind, and all
poles, wires, cables, apparatus and other appliances, ap-
purtenances and fixtures coned by the Franchisee and located
within the eerporatn limits of said City.
SECTION 2. 'There is hereby granted to the 'Franchisee the
r;ght, privliege and at ri6y to construct, lay, maintain and
rd
opeate, anremove a my sten of poles, wires, conduits and ether
fixtures in, apcn and across, along, under and over streets,
.alleys, parkways, ,^.italic grounds and other places in said City
for the purpose of cor,struct;cn, maintaining and operating a
cable telev;s,on service and electronic distribution system ;n
the City of Anna.
SECTION 3. The franchise hereby granted shall be ef-
fective from and after the date hereof and shall remain in full
force and efi'ect far a period or fi fteen (15) years upon payment
of the annual fee and tax as hereinafter provided and the said
Company shall have a right or option to negotJatc the terms of
this lease for an additional fifteen (15) years after the
expiration of theprimary Lc gym' under the same terms and pr'o-
vlsions except that the sum paid by the Company for yearly
Street rental Shall be subject to re -negotiation at the ex-
piration of the primary term between the parties.
SECTION N. The Company shall defend the City against all
lawful claims for injury to any person or property caused by thu
installation and operation of the Company In the construction
oroperatlon or its property; and the Company does hereby agree
to indemnify antl hold harmless the City from any Injury to any
person or property as a result of the installation and operation
on the part of the Company, Its successors and assigns train -
under, In whole or In part, arising out of construction, repair,
extension, maintenance or operation of Its equipment of any
kind or character used In connection with its business.
SECTION 5. The Company shall at all times make and keep
full and complete plats, maps and records showing the exact
location of all cable television service and electronic dis.
tribution system equipment
SECTION 6. All such Installations of equipment shall be
or a permanent nature, durable and of a location not to
Interfere in any manner with the rights of the public or
Individual property owners, and shall not interfere with the
travel and use of public places by the public. The City
reserves the right to regulate the erection and construction of
any work by the Company, and to designate where such works and
construction shall be placed. The Company agrees, when re-
quested by the City, to make changes In Its distribution system,
In wires, poles, or apparatus to conform to the requirements of
small localized areas, such changes to be effected when so
requested within a reasonable time, and further agrees to
comply with such ordinances as the City may now have or may
hereafter pass regulating the installation and maintenance of
such equipment.
Si,CTION 7. The Company shall have the right to operate a
cable television service and electronic distribution system
during the existence of this franchise, and have the right to
extend its distrJbutton system upon the streets, alleys and
public grounds of any addition or add)tions hereafter made to
the City's territory and to use the streets, alleys and public
grounds to continue to points beyond the corporate limits of
said City.
SECTION G. The Company shall at all times during the
existence of this franchise, maintain and require Its con-
tractors to maintain insurance as follows:
(a) Workman's CompcnsatIrr insurance in accor-
dance with the laws of the State of Texas.
(b) The Franch)see shall be required to main-
tain insurance :n such forms and in such
companies as shall be approved by the City,
such approval not to be unreasonably with-
held, to protect the City and the Fran-
chisee from and against any antl all claims,
)nj=.rry and damege to person or property,
both real and personal, caused by the con-
struction, erection, operation or mainte-
nance of any aspect of the System. The
amount of such In-surance shall not be less
than the following:
General liability Insurance
Dally Injury per person 51001000
Bodily Injury per occurrence $300,000
Property damage per occurrence 5 50,000
Property damage, aggregate $100,000
(c) Automobile Liability Insurance with the
limits of not less than $25,000.00 to any
person and $50,000.00 as to any one ac-
cident and automobile property damage in-
surance with a limit of not less than
$10,000.00 to cover all automoblle equip-
ment.
(d) Property damage insurance with a limit of
not less than $5,000.00.
The Company is and shall be considered an independent contractor
hereunder for all things.
SECTION 9. Failure or refusal to observe the terms and
provisions of this franchise by the Company, its successors and
assigns, shall entitle the City to cancel and terminate this
franchise and all rights hereunder. The City may exercise such
right ninety (90) days. after serving notice upon the Company or
i
failure to observe the terms thereof, and upon refusal by the
Company during the said ninety (90) day period to perform or act
as required by said notice, this franchise shall be subject to
cancellation as hereinabove provided.
SECTION 10. All provisions of law provided and prescribed
for the granting of this franchise and authority are hereby
declared to have been fully complied with and the Franchise shall
be In fail force and effect from and after its execution and
approval. The Company's rate shall be as follows:
(a) A schedule of the maximum rates to be
Charged by Grantee for their services to
subscribers shall be as specified in Appen-
dix ^A° attached hereto and incorporated
herein for all purposes.
(b) All subsequent changes in said rates shall
be subject to the prior approval of the City
Commission of the City of Anna. Texas,
after an appropriate public hearing is
held thereon affording due process to all
interested parties.
The Company shall pay the City as a franchise fee, and a.
Compensation for the rights and privileges enjoyed hereunder,
three percent (3°) of Its gross subscriptions receipts, less
state sales tax, federal excise tax and Copyright received by the
Company from all its connections to said cable televiaioo
cervica and electronic distribution system in said City. 1'he
said gross subsc,iption shall be computed quarterly and the
amounts due to City shall be computed quorterly and the amounts
due to City shall... baps, tl ap,,,GC b9fo e the }Q t'1 ,4a5:_gf r,.>z�ajry,
10th day of Apri t, 10th day of July, and 101th day of October.
SEC,IVU 11, Ine Apt_Pipil,h11a School System will be fu r 1_ed
_ane (1) connection each to te desngrizT.`eil'"S75�dT ouTTd nq5 ana
each cc _h ec ti ori will to pieced a r t%3 iiy ace 'seisle locat:en—
and the schools will be responsible for service beyond the said
free connection, and by requesting said free connection, the
school will hold said Company Ree of liability,
SECTION 12. The Cable Commun,catioc System Company Who
Grantee) x111 maintain adequate personnel necessary to perform
all duties.
SECTIC14 13. Provisions of the current requirements for the
system shall be and shall remain in accordance with the .speci-
f.cations and requirements promulgated by the Federal Communi-
cations Commission, and Franchisee will:
(a) Limit failures to a minimum by locating and
correcting malfunctions promptly, but in no
event longer than forty-eight (48) hours
after notice, unless such failures are
caused by the acts of God ar circumstances
beyond the control of the Franchisee.
(b) Demonstrate by instruments and otherwise to
subscribers that.a signal of adequate
strength and quality is being delivered and
meets all relevant specifications of the
Federal Communications Commission and oth-
er applicable federal, state and local reg-
ulations. The commission may require proof
or calibration of such test instruments If
deemed necessary In order to arbitrate a
specific complaint,
SECTION ill. The franchise granted by this ordinance cannot
in any event be sold, transferred, leased, assigned or disposed
of as a whole on, in part, or otherwise, without prior concept of
the City expressed by Resolution, ANN then only under such
conditions as may be prescribed in the consenting Resolution;
provided, however, that no such consent shall be unreasonably
withheld, and further provided that no such consent shall be
SECTION 15. All installation costs' oi -cne' uabhe-+,bm-
municatlons System Company shall be paid by the Company itself
and not by the City.
SECTION 16. The rights, privileges and franchise granted
hereor.der shall automatically terminate if Grantee has not
diligently pursued and made all reasonable efforts to secure
approval of its applications with the Federal Communications
Commission, to bring cable tele Vislon to Anna, Texas.
SECTION 17. The Grantee will, upon seventy-two (72) hours
request and payment in adverse of a reasonable charge, which
charge shall be subject to revlew at any time by the City
Council, adjust, raise or lower its wires temporarily to permit
the moving of houses or other bulky structures. The minimum
height of all wires shall be eighteen (18) feet over streets and
alleys and public places or conform to all applicable codes which
may no. be in effect or beccme effective hereafter. The Grantee
may trim trees upon and overhanging the said streets, alleys,
sidewalks and public places to the extent reasonably necessary
to prevent the branches from coming into e.etaot with the wires
or cables or the Grantee, under the supervision of the City
Manager of the City of Aura, Texas, at the expensa of the
Grantee.
SECTION 18. To the extent allowed by law, this is n
exclusive franchise for a period o' two (2) years from this dale
a7d`C'i `—j will not grant a C,.nch se to any ether person for a
cable system during that period cf time. Tn floe event Ghat
Franchisee how not completed ecnstrvetion of the system and
commenced coeratlon within two (2) years from this date, this
franchise will terminate and become null and vaid and of nc
further force or effect.
SECTION 19, Severability Clause. If any word, phrase,
sentence, paragraph or section is found to be ill^gal, invalid,
or unconstitutional, the remaining portion of this ordinance
shall remain In full force and effect.
Ph5 <vp, APPROVED AND ADOPTED this the ��� day of
1982.
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the City expressed by Resolution, ANN then only under such
conditions as may be prescribed in the consenting Resolution;
provided, however, that no such consent shall be unreasonably
withheld, and further provided that no such consent shall be
SECTION 15. All installation costs' oi -cne' uabhe-+,bm-
municatlons System Company shall be paid by the Company itself
and not by the City.
SECTION 16. The rights, privileges and franchise granted
hereor.der shall automatically terminate if Grantee has not
diligently pursued and made all reasonable efforts to secure
approval of its applications with the Federal Communications
Commission, to bring cable tele Vislon to Anna, Texas.
SECTION 17. The Grantee will, upon seventy-two (72) hours
request and payment in adverse of a reasonable charge, which
charge shall be subject to revlew at any time by the City
Council, adjust, raise or lower its wires temporarily to permit
the moving of houses or other bulky structures. The minimum
height of all wires shall be eighteen (18) feet over streets and
alleys and public places or conform to all applicable codes which
may no. be in effect or beccme effective hereafter. The Grantee
may trim trees upon and overhanging the said streets, alleys,
sidewalks and public places to the extent reasonably necessary
to prevent the branches from coming into e.etaot with the wires
or cables or the Grantee, under the supervision of the City
Manager of the City of Aura, Texas, at the expensa of the
Grantee.
SECTION 18. To the extent allowed by law, this is n
exclusive franchise for a period o' two (2) years from this dale
a7d`C'i `—j will not grant a C,.nch se to any ether person for a
cable system during that period cf time. Tn floe event Ghat
Franchisee how not completed ecnstrvetion of the system and
commenced coeratlon within two (2) years from this date, this
franchise will terminate and become null and vaid and of nc
further force or effect.
SECTION 19, Severability Clause. If any word, phrase,
sentence, paragraph or section is found to be ill^gal, invalid,
or unconstitutional, the remaining portion of this ordinance
shall remain In full force and effect.
Ph5 <vp, APPROVED AND ADOPTED this the ��� day of
1982.
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APPENDIX "P"
Tier 1: Basic Service
Cost: $8.95 per month
Tier 2: Basic Service, HBO or Showtime
Cost: $19.95 per month
Tier 3: Basic Service, both HBO and Showtime, Cinemax or
The Movie Channel
Cost: $29.95 per month
Installation charge per household - £25.00
Each extra ceL - $2.00 per month, each
in5tallaticn Charge, extra set - $7.50
Charge to move connection - $15.00