HomeMy WebLinkAboutOrdinance No. 79-18 . , , ,,. � _ • . ,. .
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ORDINANCE NO. � �
AN ORDINANCE GRANTING TO THE MECA CORPORATI4N, ITS '
SUCCESSORS AND ASSIGNS, THE RIGHT, PRIV�LEGE, AND
FRANCHISE FOR A TERM OF FIFTEEN (15) YEARS , TO ERECT,
MAINTAIN, AND OPERATE A COMMUNITY ANTENNA TELEVISION
SYSTEM IN THE CITY OF FRIENDS�LJOOD, TEXAS; TQ ERECT,
MAINTAIN, AND OPERATE ITS POLES , TOWERS , ANCHORS,
WIRES , CABLES, ELECTRONIC C4NDUCTORS, CONDUTTS , MAN-
HOLES , AND OTHER STRUCTURES AND APPURTENANCES IN,
OVER, LTNDER, ALONG, AND ACROSS THE PRESENT AND FU'TURE
STREETS , HIGHWAYS , ALLEYS , BRIDGES, EASENI�NTS, .ANp
OTHER PUBLIC WAYS AND PLACES IN SUCH CITY; PRESCRIBING
COMPENSATION FOR THE RIGHTS , PRIVILEGES AND FRANCHISE
CONFERRED HEREUNDER; PRESCRIBING THE CONDITIQNS GOVERN-
ING THE OPERATION OF THE BUSINESS TNSOFAR AS IT AFFECTS
THE USE OF PUBLIC PROPERTY FOR THE PURPOSE OF SUGH
BUSINESS ; PRESCRIBING RULES AND REGUI.ATIONS GENERALLY
FOR THE INSTALLATION, MAINTENANCE, AND OPERA,TTON OF
SAID SYSTEM AND BUSINESS; CONTAINING GEI�ERAL FROVI--
SIONS RELATING TO THE SUBJECT; PROVIDING FQR SEVER-
- ABILITY; AND REPEALING CITY OF FRIENDSWpOD, T�XA�a� �QR-.
DINANCE N0. 79-14, PASSED AND APPROVED ON JUZ...Y -2 , 1979,
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BE IT ORDAINED BY THE CITY COUNCIL QF THE GITY QF FRI$NDSWOOD,
STATE OF TEXAS :
Section l . SHORT TITLE.
This ordinance shall be known and m,ay be cited as the City
of Friendswood - The Meca Corporation CATV Er�,r��h�.�� Ordinance.
Section 2 . DEFINITIONS.
For the purposes of this ordinance �Y�e fol,l,ow�,ng terms ,
phrases , words , abbreviations and theix de�'iv#�iQns sha11 have
the meaning given herein. When not inconsis,�ent w�.th the con-
text , words used in the present tense in�lude ` L�he future tense,
words in the plural number include the singul:ar number, and
words in the singular number include the plur�l �number. The
word "shall" is always mandatory, and not merely directory.
A. "City" shall mean the City of Friendswood, Texas , a
municipal corporation of the State of Texas .
B. "City Council" shall mean the present governing body
of the City or any successor to the legislat�.v� power� of the
present City Council .
C. "Person" shall mean any person, firID, partners�ip, asso-
ciation, corporation, company, or organization �1f any kind.
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D, "Grantee" shall. mean The Meca Corporat�.on, or any per-
son who succeeds The Meca Corporation, i.n accordance wit�i the
provisions of this ardinance.
E. "Gross Revenues" shall mean a11 revenues collected by
the Grantee , including, but not iimited to, basic service
revenues , premium service revenues , additional services revenues ,
advertising revenues and fees received �or lease of channels .
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Gross revenues shall not include the following: (I) any taxes
which are imposed on any subscriber or user of tk�e CATV system
by any governmental unit and collected b�r Gr�nt�e for such govern-
mental unit; (2) revenues resulting from cor�nection or reconnec-
tion fees of any kind; (3) revenues re�sult�.�g fxom the sale or
rental of equipment of any kind; a�d (4) revenues �esulting from
the studio production of programming used on the eduCational
access or public access channels or the lease of such channels .
F. "Basic Service" shall mean the simultaneou� delivery by
Grantee to the television receivers , ox any ra�her ,�uitable type
of audio-video communicati,on receivexs , 4f a11 c�f i�s subscribers
of all broadcast signals authorized for �arriage by �he FCC and
of all regular non-broadcast signals provided �o a11 of �.ts sub-
scribers .
G. "Channel" shall mean a band ot frequencies , s�,x megahertz
wide , in the electro-magnetic sp�ctrum which is cagable of carry-
ing either one audio-video television sig�a2 and a number of non-
video signals or several thousand non-video signsls .
H. "Federal Communications Commission" shall mean that
agency as presently constituted by the United States Congress
or any successor agency.
I . "FCC" shall mean the Federal Communi.catioxis Commission.
J . "Stre�t" shall mean the surface of and the sp�.Ce above
and below any public street , road, hi�hway, alley, bridge, side-
walk, or other public place or way now ar hereafter hQld by the
City for the purpose of public travel and sha11 include other
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easements or rights-of-way now held or hereafter held by the
City which shall , within their proper use and meaning, entitle
the City .and Grantee to the use thereof for the purposes of
installing or transmitting CATV system transmissions over poles ,
wires , cables , conductors , conduits , manholes , amplifiex�s, appur-
tenances , attachments , and other structures , equipment, and
facilities as may be ordinarily necessary and pertinent to a
CATV system.
K. "CATV System" sha11 mean a system of cables, wires ,
lines , towers , wave guides , microwave, laser beams , or any
other converters , equipment , or facilities desi�ned and con-
structed for the purpase of producing, receiving, amplifying,
and distributing by audio , video and other fox�ms of electronic
or electric signals to and from subscribers and locat�.ons in
the City.
L. "CATV" shall mean comQnunity antenna television.
M. "Converter" shall mean an electrQnic deu�.ee which con-
verts signals to a �requency not susGeptible t4� �.n�,�r�er�nce
within the television receiver of a subscr�ber and by an appro-
priate channel selector also permits a subscribex ta view aIl
signals delivered at designated dial locatiQns .
Section 3 . GRANT OF AUTHORITY.
There is hereby granted to ThE Meca Carporation, a carpora-
tion organized and existing under the laws of the State of Texas ,
the right, privilege, and franchise to hav�, acquire, cQnstruct ,
reconstruct , maintain, use, and operate �.n Che City of Friends-
wood, Texas , a CATV system, and to have, acqui�e , construCt,
reconstruct , maintain, use , and operate in, over, under, and
along the present and future streets o£ the City a11 necessary
or desirable poles , towers , anchors , wires, cable�s , el�ctronic
conductors , underground conduits , manholes, and pther stx'uctures
and appurtenances necessary for the construction� maintenance, and
operatian of a CATV system in the City.
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Section 4. TERM OF FRANCHISE
Upon the filing with the City by Grantee of the wri.t�en
acceptance required herein, thi.s franchise sh$ll be in full
force and effect for a term and period of fifteen (15) years
commencing thirty (30) days after its final p�ssage and approval .
Such franchise may be renewed by the City for an aaa�.t�o�al
period of fifteen t15) years .
Section 5 . USE, RENTAL OR LEASE OF UTT�.ITY POLES AND
FACILITIES.
There is hereby granted Co Grantee the �utharity to contract
with the City or with any appropriate board pr agency thereof
or with the holder or owner of a�y utiliCy fran�hise in the City
for the use, rental, or lease of its or thei.r gQles, underground
conduits , and other structures and facilities £or �he purpose of
extending, carrying, or laying Grantee' s w�res , cab�,es, electr�nic
conductors , and other facilities and agpurtenances necessary ar
desirable in conjunction with the operation o� a, GATV system in
the City. The City agrees that any public u��.l.�.ty awc�ing or con-
trolling such poles or undergroun,d condui.CS ta�a�,` 'w�.thout amend- -
ment of its franchise, allow the Grantee to make su�k� use thereof
pursuant �o any agreement reached between s�ach utili�y and Grantee .
Section 6 . COMPLIANCE WTTH �PPLICABLE LAWS.
The work done and activity �n cannection with the eonstruction,
reconstruction, maintenance, operation, or repa�.r of Grantee' s
CATV system shall be subject to and governed by all pre$ent and
future laws , rules and regulations of the Ca�ty, Che State of
Texas , the United States of America, the FCC� and any ottter state
or federal agency having jurisdiction over such matters.
Section 7 . SUBJECT TO POLICE POWERS OF THE CITY.
The construction, maintenance, and operation of Grantee' s ,
CATV system and all property of Grantee subj�ct to the provisions
af this ordinance shall be subject to all lawful poli.ee powers ,
rules , and regulations of the City. The City sha11 h.ave the ;
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power at any time to order and require Grantee to r�move or
abate any pole, line, tower , wire, cable, guy, conduit , electric
conductor, or any other structure or facility �hat at� dangerous
to life or property . In the event Grantee, after wr�.tten notice,
fails or refuses to act, the City shall have the pawer to re-
move or abate Che same at the expense of the Grantee, all..tot�.�h-
out compensation ar liability for damages to Grantee.
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Section 8 . CONDITIONS OF STREET OCCUPANCY.
A. Use. All structures , wires , cable� , equipment, and facil-
ities erected or maintained by Grantee within the Ci�y sha11� be
located as to cause minimum interferenee with �he propex and in-
tended use of the streets , and to cause minimum interference with
the rights or reasonable convenience of the awners or occupiers
af property which adjoins any of sa�d streets .
B. Cutting af Street Surface. No surface o� any paved street
shall be cut or disturbed by Gran�ee in laying, cons�ructi,ng,
maintaining, opexating, using extending, remaving, replacing, or
repairing its CATV system withou� pxior noti.ce to the Gi.ty pr its
designated representative. I� the Ci'ty Qr its design�ted repre-
sentative is of the opinion that such prop�ased cut or disturbance
of a paved street surface could not be timely at�.d ,$a�isfac�orily
repaired or restored, the City may require Grante�' � proposed
work to be performed by tunnelling under such gaved surface rather
than by cutting same .
C . Restoration. The surface of any street distt�rbed by
Grantee in laying, constructing, maintaining, ogerating, usi�,g,
extending, removing, replacing, or repairing it� CATV system
shall be restored by Grantee immediately after the comple�ion
of the work, at its cost and expense , to as good a conditiQn as
before the commencement of the work and mainta�.ned by Grantee to
the satisfaction of the City, or of any City official tQ whom
such duties have been or may be delegated, for one yeax £x'om the
date of completion of such restoration work. No stre�t shall be
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encumbered by construction, maintenance, removal � restoration,
or repair work by Grantee for a longer period than shall be
necessary to execute such work. If, in the opinion of the
City Council , there is an unreasonable delay by Grantee in re-
storing and maintaining streets after such excavations or re-
pairs have been made, the City shall have the right without
further notice to restore or repair the same and to require
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Grantee to pay the reasonable cost of such xestoration or repair.
D. Relocation. Whenever by rr�ason of the construction, re-
pair, maintenance, relocation, widening, raising, or lowering of
the grade of any street by the City or by the location or manner
or construction, reconstruction, maintenance, or repair of any
public property, structure, or facilit3� by the City, it sha11
be deemed necessary by the City for Grantee to move, relocate,
change, alter, or modify any of its faciliti�s or structures ,
such change, relocation, alteration, or modifi�ation shall be
promptly made by Grantee, at its cost and expense, when directed
in writing to do so by the City, without cl�im for or right of
reimbursement of cost or damages against the City. Zn the event
Grantee, after such notice, fails or refuses to commence, pursue,
or complete such relocation work within a reasonab�.e time, the �
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City shall have the authority, bu� not the �bligation, to remove ;
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or abate such structures or facilities and to require �rantee to
pay to the City reasonable cost of such remov�l or aba�ement, all
without compensation or liability for damages to G�t�rttee.
E. Temporary Removal of Wire for Buil.ding Movin�.
Upon written request of any pexson holdi.ng a �uilding moving
permit issued by the City, Grantee shall remav�� ac�,iae, or lower
its wires and cables temporarily to permit the mqving pf houses,
buildings , or other bulky structures . The re��oty,�bl�e expense
of such temporary removal, raising, or lowexing s�a�,1, bs paid by �
the benefited person and Grantee may require �ucY1► payme�t �.n �d-
vance , it being without obligation ta remove � r�is�, or lawer it$
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wires and cables until such payment shall have b�en made. Grantee
shall be given not less than forty-eight (48� hour� advance notice
to arrange for such temporary wire and cable adjustments .
F. Tree Trimming. Grantee shall have the authority, to the
same extent that the City has such authority, to trim �rees upon
or overhanging streets in ord�r to prevent the branches of such
trees from coming into contact with the wixes, cables, electronic
conductors , or other facilities or equipment of the Grantee.
G. Placement of Fixtures . Grantee sha�.l not place poles ,
towers , or similar fixtures where the same wi11 interfere with
any gas , electric, or telephone fixtures , water hy�irant or main,
drainage facility or sanity sewer, and all such paXes, towers ,
and similar facilities shall b� placed as directed by the City
and in such manner as not to interfere with the usual t�ravel or
use of streets .
H. Approval of P1ans and Sgecifications . Grantee shall pro-
vide plans and specifications for a1.1 conatrucGion witl�in streets
to the City ar its designated repre$entative far review at least
thirty (30) days prior to the start of construc�iox}. This pro-
vision shall apply to each construction sequence if the construc-
tion is accomplished in phases .
Section 9. SURETY BOND
A. Amount and Conditions . The Grantee shall main�ain, and
by its acceptance of this franehise specifically agrees that it
will maintain, throughout the term of thi� franchise a faithful
performance bond running in favor of the City, written by a cor-
porate surety licensed to do business in the State Qf Texas , in
the penal sum of One Huridred Thousand Dollars ($100, �00. 00) , con-
ditioned that Grantee shall well and truly observe, fulfill , and
perform each and every term and condition of this franchise and
that in the event of any breach of condit�on of the bond the
amount thereof shall be recoverable, jointly ar�d seuerally, from
the principal and surety thereof by the City fqr all damages , plus
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reasonable attorneys ' fees and court costs , proximately resulting
from the failure of Grantee to well and faithfully observe and
perform any provision of this franchise ordinance.
B. Premiums and Term. Grantee shall pay all premiums charge-
able for the bond and shall keep the same in force and effect at
all times throughout the existence of this franchise and there-
after until Grantee has liquidated all of its Qbligations with
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the City that may have arisen from the acceptance of this franchise
ordinance by Grantee or from the exercise of any right, or privi-
lege granted hereunder, including the removal. of all poles , wires ,
cables, underground conduits , manholes, and other conductors and
fixtures incident to the maintenance and operatio� of i�� CATV
system, should such removal be required by City CounGil or under-
taken by Grantee upon the termination of this franchise.
C. Cancellation. The bond shall contain s provision that
it shall not be cancelled or otherwise allowed to eXpire without
thirty (30) days prior written notice to that �ffec:t being given
to the City, by delivery to the City Secretary, and �o the Grantee.
D. Approval of Form. The bond shall be in a fvrm satis�ac-
tory to the City Attorney and shall be filed, together with written
evidence of payment of the required premiums , with the City Secre-
tary during the term of this franchise .
E. Not a Limit of Liability. Neither the provisions of this
section, the filing of the bond required hereby, nor any damages
recovered by the City thereunder shall be construed to excuse
faithful performance by Grantee ar limit the liability of Grantee
under this franchise ordinance or for damages to �he full amoux�t
of the bond or otherwise .
Section 10 . INDEMNIFICATION AND LIABILITY FOR DAMAGES .
By its acceptance of this franchise ordinance, Grantee speci-
fically agrees that Grantee shall indemnify and hold the City, its
officers , agents , and employees , harmless from all liabil�.ty, dam-
age , cost , or expense arising from claims for injury to persons ,
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damage to property, or penalti�s occasioned by reason of any con-
duct undertaken by reason of this ordinance. The City shall not
and does not by reason of this ordinance or the granting of this
franchise assume any liability of Grantee whatsoever for injury
to persons , damage to property or penalties.
Section 11. LIABILITY INSURANCE. :
A. Minimum Coverage. Within th�.rty (30) d�.ys after the
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effective date of this ordinance, Grantee shall file with the
City Secretary and shall maintain on fi].e thrc�ughout the term of
this franchise a liability insurance poliGy issued by a company
duly authorized to do business in the State of Texas insuring the
City and Grantee with respect to the insta�,lat�.on, m$i.ntena�ce,
and operation of Grantee' s CATV system in the following minimum
aznount s :
(1) One Person. �ne Hundred Thousand Dollars
($100,000. 40) for bodla,y �.njury or death to any one
person.
(2) One Accident. Three Hundred �hous�nd Dollars
($300, 000. 00) for bodily in,jury or death r�sulting from
any one accident.
(3) Property Dama�e. One Hundred T"housand Dollars
($100, 000. 00) for property damage result�.ng �arom any one
accurrence.
(4) All Other Types o€ Liabi�lity One Hux1dred Thou-
sand Dollars ($100,000. 00) for a].1 other �ypes of liability.
B. Increased Coverage. The City Council xe�erves the right
to require Grantee to increase the minimum amounts ot liabi].ity
insurance coverage at any time. Such requiremen� �ha11 be expressed
by resolution or ordinance.
C. Notice of Cancellation or Reduction. ��id policy o£ lia-
bility insurance shall contain the provis�ons thst writtet� noti�e
of expiration, cancellation, or reduction i,�n envera�e 4f the policy
shall be delivered to the City Secretary and to th� Gra��ee at
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least thirty (30) days in advan�e of the effective date thereof.
D. Term. Such liability insurance shall 1�e kept �.n full
force and effect by Grantee during the existence of this fran-
chise and thereafter until after the removal of a1.1 poles, wires ,
cables , undergraund conduit.s , manhol�s, and other conductors
and fixtures incident to the maintenance and operation o£ Grantee' s
CATV system, should such removal be required by City Council or
undertaken by Grantee.
Section 12 . INSTALLATION SCHEDULE.
A, Permits , Licenses, and Certificates . Within thirty (30)
days after the acceptance of this franchise ordinaxice, Grantee
shall proceed wi�h due diligence to obtain all necessary permits
and authorizations which are required in the condu�t o� i�s busi-
ness including, but not limited to, utili.ty joint-use attachment
agreements , and permits , licenses , suthorization�s and certificates
to be granted by duly cons�ituted local, state,and fedexal gavern-
mental entities and regulatory agencies having jurisdiction over
the installation and operation of the CATV s}�stem. '
B. State of Construction. Within six (6) months after final
passage of this ordinance, Grantee sha11 commence construction and
installatian of its CATV sys�em, sub�ect to the conditions Qf this
ordinance.
C. Initial Rendering of Service. Within eighte��n �18) month�
after the effective date af this ordinance, Grantee �ha11 complete
construction and installation of its CATV system in accordance
with the requirements of this franchise and th� rules and regula-
tions of the FCC. -
D. Campliance . Failure of Grantee to commen�e and diligently
pursue each of the foregoing requirements and �o abid� b� �tnd to �
complete each of the matters set forth herein shall b� gx4t�nds �
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far termination of this franchise. Provided, how�vQx, ' C�,ty Gouncil ir
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in its descretion may extend the time for the commet►�et��x�t �tnd com- �;,
pletion of canstruction and installatian for additions�. per3.ods in �
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the event Grantee, acting in good faith, exper�.enees delays by
reason of circumstances beyond its cantrol.
Section 13 . OPERATIONAL STANDARDS.
Grantee' s CATV system shall be installed, maintained, and
operated in accordance with the highest accepted szandards of
the industry to the end that the subscriber may r�ce3.ve the
best and mast desirable form of service. Toward acGOmplishment
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of this purpose, Grantee and its CATV system shall. meet the
following minimum standards and service offerings :
A. Compliance with FCC Rules . Grantee shall comply with
present and future rules and regulations of the FCC in connec-
tion with and relating to the op�ration of its CATV system.
B. �uality of Co1or Signals . Grantee' s CATV system sha11
be capable of transmitting and passing the entire �olor tele-
vision spectrum without the introductian of material degrada-
tion of color intelligence and fidelity.
C. Rated for Continuous Operata.on. Grantee' s CATV system
sha11 be designed and rated for twenty-four (2G) hour a day con-
tinuous operation.
D. Quality of Picture. Grantee' s CATV systetn shall be
capable of and sha11 produce a picture upon any subscriber ' s
television screen in black and white or color, provided the
subscriber' s television set is capable of producing a color
picture, that is undistorted and free from ghost images and
accornpanied by proper sound, assuming the technical , standard
production television set is in good xepair and the �elev�,sion
broadcast signal transmission is satisfactory. In any event ,
the picture produced shall be as good as the state o£ the art
allows .
E. No Cross Modulation or Interference. Grat�tee' s CATV
system shall transmit or distribute siganals pf adequate strength
to produce good pictures with good sound in all televisian re-
ceivers of all subscribers without causing cross modulation in
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the cables or interference with other electrical or e�e�tronic
sysCems .
F. Channel Capacity. Grantee' s CATV system shall have a
minimum channel capacity of twenty-six (26) television chann�ls .
G. Signals to be carried. Grantee sha11 carry on its CATV
systems the signals of all stations significantly viewed in the
City, and the signals of no less than two (2) distant a.ndepen-
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dent commercial stativns . Initially, Grantee shall carry on its
CATV system the following si.gnals :
BASIC SERVICE
Station Location ' Affiliation
KPRC Houston, Texas NBC
KHOU Houston, Texas CBS
KTRK Houston, Texas ABC
KHTV Houston, Texas IND.
KRIV Houston, Texas IND.
KUHT Houston, Texas PBS
WTCG Atlanta, Georgia lND.
WGN Chicago, Illinais IND.
CBN Virginia B�ach, Virginia CHRISTIAN
riadison Square Garden New Xork, New York
Government/Educational
Access Friendswood, Texas
Weather Radar Gal.veston, T�xas
NewsjSports/Weather UPI
WeatherJTime/Program
Guide Galveston, Texas
PTL Club Charlotte, North Garol�,na CHRISTIAN
Nickelodean (Children' s
Programming) New York, New York
Public Access Friendswood
Modern Tal.king Pictures New York, New 'York
Satelite Program Net- New York, New Yoxk
work
PREMIUM SERVICE'
Home Theater Network Los Angeles , California
Home Box Office New York, New York
Showtime Plus New York, New York
H. Converter-Parental Lock; Selection of Signal Number.
Any converter offered or provided by Grantee shall be equipped
with a parental lock capable of locking or securing one channel
or all channels . Further, the channel selectox of the canverter
shall be numbered so that where technically feasible Grantee may
carry all relevent over-the-air television si.gnals on the channel
number of the station.
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I. Temperature Range. Grantee' s CAT� SyBtem sha�.l �b� cap-
able . of operating throughout the air tempeX,atur� range o� Q to
; 110 degrees Fahrenheit without degradation of audiQ or vid�o
fidelity.
J. Educational Channels. At least one � chann�l sha11 be
reserved for the use of the educational su�hor:tties 3.t� the City.
Such channel shall be provided free of char,��.
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K. Public Channels . At least one ehan�,eT s��ll be reservec� '
for the use of the public, which shall have �on�li.�scrimina.tory
access without charge on a first come, firs�' seru� basi.s .
L. TV Guide. One channel sh�ll be de�vQted �ull. time, twenty-
four (24) hours per day, listing channel a�nd time o� p,rogramming
available on the CATV system,
M. Standard of Care. Grantee shall a� a7�1 t�mes emgloy a
high standard of care and sha1�, in,stal�., maix�tain, and use approved
methods and devices for preven�ing fai].uree 'o�' �ccidents which are
likely to cause damages, injuries, or nui�s�;ne�$ t�+ �h� �ublic.
N. No Obscenity.
(1) Grantee and all users of a C,f�TV sy��etq��ha1i �omply
with all federal, state and l,ocal laws re��;xda�t�g Qbseen�.ty and
shall not broadcast any movie�, mateXi,�ls 'o�' ��y Qb�cen�, indecent
or profane language or depiction as outlined in 1$ U.S.C.`, �aec-
tion 1464 and shall comply w��h aJ.1 FCC rules Qr �l�claratory orders
relating to obscenity and indecency.
(2) If Grantee transmi.ts obscen+� oX inde��n� programming
which it has produced or acquired by sale, leas�, or oth�eYwise,
Grantee ' s action shall be deemed a material viola��.on hereof and `
shall subject Grantee to franchise revoca�ion pur,�uant tc� thi.s
ordinance .
0. Grantee' s Office. Grantee shall maint,��.�t one principal
office, and may maintain as many sub-office� aa a�e rea�onably
necessary to promote good service and convei��.ne�� �o th� `public,
in the City, which shall be open during all usual bu��'ix���s hours,
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have a listed telephone, and be so equipped 'an�d �:q��rated .that
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complaints and requests for installation, �e,pa�.1��� ,ar ,adjust-
� y d(.�. ! I .. �
ments may be received and timely and reasonab]� 4� � �,"�
�' ,a��w�red.
` ,r; � .�. �: ��� � � � �
P. Service and Repair. Grantee sha],,�, {��n��,�:�� �f��.c;tent
n £ 1, p r�' ;
service, make repairs promptly, and i,nte�rup� �,�x�ice on,ly for
good cause and for the shortest time poss3.b1�. I�sofar �s pos-
sible, such interruptions shall be precede� by �Q�t��ei��i� (48) .
� 1 ;
hours notice and shall occur durin,g periods of m�.n�,tnum' r�se o�
the CATV sys�em. '
Q. Service Calls . Grantee shall respond �Q a11`'�ervice
calls within twenty-four (24) haura ar�d corre��. malfunctians
as promptly as possible, but, in all ev�nts�, w3.thin sevenCy-
two (72) hours after notiice thereof. For that purpos�, Grante� ,
�all maintain a competent staff o� �mploye�� �uffi�i�#it i.n size
..��e i•� �,�, i m , . E r 1� � � . . � .
k�''. s , ,i� � ��3 `�� � ;���3 � ��� ��,:��f^ � �+�e� ��j ���} ��' 1����'����.�5 i , �
� � 1 ��� Y ��� �° '��# '�� �'��g ��"�1 b� �� 4°+� tr.�{�" i�y� �d" i.�i �� IW�i �'br*. ' � W �° .
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�a '� !, �. � � � ,:,,i ��, s� � ial� � ��I� M�, ''i �' ir i , M� `�� I
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� �he 1��es!� d��u��c�g#i�.�i ,�� �h� �� `��I� �'�f�' ; '���,; '�� ' �;� �
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h 'I'"' � I �f ..�,��� � I � P 1 � � I
� Sec�t�.�o� 1,�4. � �k:�t� O�J�i�� , �1!18�` , '' � � �,�' �;°��'�;�� ' '�� i;,, �����;'� � �
i i � ��;i ;��,� � f k
In areas of �he City having telephone 1�.ne,� �nc� eie�tric
utility lines underground, any and all of Gxant��'s �.ines,
cables , and wires shall be underground, I� ��a�1 b�; the policy
of the City that existing poles for electzi� anc� co�mu,uni,cati,on
purposes be utilized whenever possible and th��; undexgrau�;d i�-
stallation, even when not requ�r�d, is pref���.b�.e t4 th,e placing
;
of additional poles . �
Section 15 . INTERCONNECTION.
Grantee ' s system shall have the capacit}� �p �nt�rconnect
with any other contiguous CATV system ogera�itn� in �'�ie area.
Section 16 . EMERGENCY USE OF THE CATV SXSTE�'I.
In the event of an emergency or disaster, �Gr;�nte� slaall upon
request of the City Council or its designa�ed rep����ntative
make available its facilities to the City �or emergeney u�e
-14-
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. � �
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during the period of such emergency or disaster ant� shail pro-
vide such personnel as may be necessary to 4pe�at� its �aci1�.-
ties under the circumstances . Grantee sha,ll incorpoxate in�o
its facility the capability for an emergency intexrupt whe�c�by
the City, in time of crisis , may be able to in�raduce a bul�e,
tin on all channels simultaneously. ,
Section 17 . COMPLIANCE WITH STATE AND F�I��RA� �WS.
1
Notwithstanding any other provision +of th,i� �ardirt,ance to
;
the contrary, Grantee shall a� all times co�uu�ly caitk� al,l laws,
rules , and regulations of the state and federa], governments
and any administrative agencies th�reof. �f ,�n.x su�h st�ate or :
federal law, rule, or regu7.ation sha1,1 r�quir� o� permit Grantee
to perform any service or sha11 prohibit Gran.tee �rom per£orming
any service in conflict with the provir�ons of thi.s ordinance
or any other ordinance, rule, or re�ulation o� the Gity, then
iinmediately following knowled$e th�r�Qf Gran��� s}aa�.]. notify �
City Council in writing of the goint of 'confl�.c� t�a�.��v�ed to
exist between such state or 'federal �,aw, rul.e�-' Qr regula�i.o�
�. _
and this or other ordinance, rule, or regul�tiQ�n o� the Ci.ty.
If the City Council determin�s that a m,ate�:ial provision of
this ordinance does in fact conflict with �sue2� s�at�, or fed-
eral law, rule , or regulation, it shaZl ��av� the .,right to '
modify any provision hereof to such reaac�nable ext�xit,'as may
be necessary to carry out the fu11 intent and �u�gQS� of this
franchise ordinance.
Section 18 . MODIFICATIONS BY FCC. �
,
It is spcifically agreed by the City and Gra�tee �hat any
modifications of the provisions of this ordinan�� resultirtg
from amendment of the Rules and� Regulatioms of the, �GC shall
be incorporated into this franchise ordinance by the City
Council within one year of the adoption of th� amenci�etlt by the
FCC , or at the time of the renewal of this franchi&e, .�whichever
occurs first . �
-15-
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Section 19. EMPLOYMENT REQUII�EMENTS,
The Grantee shall affard equal opportun�,ty in employment
. to all qualified persons . No person sha11 be disGriminated
against in employment because of race,' color, .rel�.gio�, national
. . . . - 7 ..: , .� . .
origin, or sex. ° ' .
Section 20. OTHER BUSINESS ACTIVITY.
Grantee sha11 nat engage in the busi.nesa of sell�,ng,, re-
�
pairing, or installing television receivers or x�dio rec�ivers
within the City during the term of this txanehis+�.
Section 21 . PAYMENT TO THE CITY.
A. Amount and Time. As eompensation for the z.ight, privi-
lege, and franchise herein conferred, Grant�ee sha�.�: pay to the
City each year during the term of thi$ fr$�chise a, sum equal �o
three percent (3) of Gran�ee' s anr�ua,]. gros� �ev��u�, Such pay-
ments shall be made annually. Grantee sha�.�: file with the, City
Council within ninety (90) aay$ after the �xpirati,on of each
calendar year, or portion the�eof, durf,ng wh�.�� su�h �ranchise
is in effect, a finaneial sta,t�men�G prepa�xed a��ording tQ ac-
cepted accounting practice show�.ng in detiail ��e, grq�s revenue
of Grantee durin,g the preceda.ng calendar ye��'. Suck� st�.t�ment
shall be accompanied by Grantee' s payment �Q �he :C�.ty of three
per cent (3%) of such gross revenue fQr suc'k�, year.
B. Right of Inspection of Aecords . 'T�� City sh�11 have the
right to inspect Grantee' s records showing .the gxors ' revenues
from which payments to the City are compu�ed �nd th� �ight of
audit and recamputation of any and all amout��.�s p�id ut�der this
� , � � �
franchise. No acceptance of payment shall be construed as a
release or as an accord and satis�action of a�ny �laim the City
may have for further or additional sums payab].e under this fran-
chise or for the performance of any oth�r ab�.�.g�tion: hereunder.
,
C. Other Payments to City. The �ranch3,se �ee �ayable here-
under shall be exclusive of and in addition �0:' $11 8d valorem
taxes; special assessments for municipal improvement�, and other
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. ,
lawful obligations of Grantee to the City.
Section 22. RECORDS AND REPORTS.
. A. Principal Office of Grantee. Gran�ee shaZl mai.ntain
its principal office in the City as �ong as i.t cont�.nues �o
operate its CATV system or any portion �hereot and hereby
designates such office as the place to where a11 notices,' direc-
tions , orders , and requests may be mailed, served� or delivered
under this ordinance. The City Secretary sh�.11 be �otified of
the location Qf such office or any change thereof. '
B. Books of Account. Grantee shall keep cQmplet� and aceu-
rate books of accounts and records, of its busi��ss a�d operations
under and in connection with this fxanchiss. A�,l ' s��,�h books of
account and records shall be maintained at Gra,nt�e' s �rincxpa�
office in the City.
C. Access by City. The City, through its du]�y designated
officers , agents , or representatives , ski.all have �cCeSS �o all
books of account and records of Grantee fo�. as�efi���.n,�.ng the
;:
correctness of any and a11 reports and ma,y ex;auti�►� �.C� of�icErs
�
and employees under oath in resp��t there�v. ,A,c��s� shall be
given by Grantee to such officers , agents, or representatives
of the City at a11 reasonable times not on�.y to Grar�tee' s .records
of gross revenues but also to all of Grantee' � pla�n�,° contracts ,
engineering, planning, statistical, custom¢r, and subsc�ibex
service records relating to the propert�.es and operation of its
CATV system.
D. Annual Report . An annual report showing gross revEnues
received by Grantee for the preeeding calendar yeaz, prepared ;
and certified to by an independent cerCified public accoun.tant,
and such other informa�ion as the City shall request with respec�
to the properties and expenses related to such serqic�, shall be
filed by Grantee with the City Council within nin��y �90,� datys
following the end of each calendar year or porti.qn; �h�zeo� during �
which �his franchise in in effect .
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^�, ,�,�,� . �
Section 23 . GRANTEE' S RULES.
Grantee shall have the authority to promulgate such rules,
regulations, terms , and condit�ons governing the conduc� of
its business as shall be reasonably necessary �o enable 6rantee
to exercise its rights and to perform its obligations under
this franchise ordinance and to assure an unir�terrupted ser-
vice to each and all of the subscribers to its service; pro-
�,
vided, however, such rules, r�gulatior�s , terms, and conditi.ons
shall not be in conflict with any of the provis�.ons of this or
any other ordinance of the City, the laws of the State of Texas ,
and the United States of America, and the rules and regulations
of the FCC, and any other federal a$ency Y�aving jurisdiction.
A copy of Grantee' s rules, regulations, terms , and canditions
shall be filed with the Czty and thereaft�r be maintained current
by Grantee.
Section 24. RATES .
Rates charged by Grantee for basic service to subscribers
shall be fair, reasonable and nondiscriminatoxy, ax�d sh�all be
subject to the prior approval of Gity Counc�.l'. Suck� approval
sha11 be evidenced by ordinance setting forth such �.uthorized
rates .
A. Discontinuance of Service for Non�Payment. G�antee may
disconnect installations and discontinue servi�e to a subscriber
upon failure to pay his or its bill wi.thin thi,xty (30) days of
rendition; provided, however, Grantee shal}. giv� five (5) days
written notice to a subscriber, delivered eith�er by mail or
served in person, that service will be discontinued unless arrear-
ages are paid before the expiration of the five (5) day period.
B. Disconnection of Installation Because o� Deceit.
Grantee may disconnect installations and disconti.nue ser-
vice to a subscriber who operates or attemg�s to apeza�� more
than one television set at any one time on �� installation for
which no additional service fees are being paid, or p�rmits
-18-
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anyone else to do the same; p�ovided, �iowever, te�.ev�sic►� ser-
vicemen may disconnect or reconnect the terminal u�i,t on the
_ rear of the Celevision reeeiver for the purpose of X;�pai.ring
or replacing receiver equipment at the request of th,e subscriber.
C. Posting of Rates . Grantee shall publish and pQSt in its
local offices schedules of its rates and eharge� .
Section 25 . SERVICE TO THE ENTIRE C�TY.
�'
By acceptance of this franchise ordinance, Grar�te� specif3.-
cally agrees that it will make its servi�e avai�.�b�.e to all per-
sons , within the corporate limits of ��ie �i��, des�r�.ng ta sub-
scribe to Grantee' s CATV system. �n the �vent Qf �uture annex-
ations , Grantee agrees that it wi7.]. �xtend a.ts servi.Ge faeilities
into the newly annexed territory and, witl�.i� twelve (�.2) months
from the date of final passage of any such an�nexat�:an ordi,nanc�,
have its CATV system available to alI persons �herein desiring
to subscribe to such service.
Section 26 . PROHIBITION OF DTSCRIMINA�ORX ,t}R P�tEFER�NTIAL
PRACTICES. ` ,'
In i�s rates or charges , or in makin� a�a,ailab�.e =t�ie services
or facilities of the CATV system, or i.n it� rt�l�a qx re�ulatioMS ,
or in any other respect, Grantee shall not make QX �rant �re-
ference or advantage to any subscri.ber or potential subseriber
or to the user or potential user of th� C�4.TV ,�ysG�ul and sha�.l
not subject any such person to any pr�,jud�.�� or dis�aduantage.
This provision shall not be deemed to grQhib�.0 pxomoti,onal
campaigns to stimulate subscri.ptions tQ �h� ���� &�rs�emi or
other ligitimate uses thereof. .
5ection 27 . NON-EXCLUSIVE FRANCHISE.
The rights , privileges , and franChi,s¢ �ran�ed hereby are ,
not exclusive and nothing herein �ontained sha.l,l b� construed
to prevent the City from granting any like or �i.milar right� ,
privileges , and franchise to any other person withit� a:11 or
any portion of the City.
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. . , . ti . . . , �, . . .
: .. � - '� � . . • . . � . � . � . .
Section 28. REVOCATION OF FR.ANCHISE
In addition to all other rights and pawers of t,he Cifiy by
� virtue of this franchxse ordinanc+e or atherwise, t,he City reT
serves as an additional and as a sepa�at� at�d distant power
the right ta terminate and cancel ,tha,e franchise an�i �;11 r�,ghts
and privileges of Grantee hereunder in any o� thi� foll,owing
events or tor any of the following reasons: °
,
A. Violation of Provisions . Grantee �aha.].]. by a�t ,or ommis-
sion violate any term, condition, ar provision' of �hi� �ranchis�
ordinance and shall fail or refuse tQ effect complianGe within
. thirty (30) days following written demand by ��e Ci�Cy to ,do so.
B. Insolvent or Bankrupt. Grantee becotuea �.neolvent, un-
able, or unwilling to pay its debts or is adji.�.dged bankrupt or
all or any part of Grantee' s facilities are $oid undex .a� in-
strument to secure a debt and are no�C red�emed by Gx'antee, within
thirty (30) days from the dat� of such sale. .
C. Fraud or Deceit. Grantee att�mpts �o ;or do�& practice
any fraud or deceit 3.n its conduet or �elatior�s �u�.der thi,s
franchise with the City, subscribers, or potenti��, sub,sc�ribers .
D. Method of Termination and Cance�lation. An� suGh termi-
nation and cancellation o£ this �ranchise shal�. b� l�y ord�.nance
adopted by the City Council; provided, however, befoxe an� such
ordinance a.s adopted, Grantee must be givez� at �.east s�.xty (60)
days advance written notice, which notice shall �et forth the
causes and reasons for the propased terminata.o�n and cancellation,
shall advise Grantee that it wi11 be provided an opportunity' to
be heard by City Council regarding such proposed action before
any such action is taken, and shall set fortl� �he �i.me , date,
and place of the hearing. In no event sha11 suck�, hearing be
held less than thirty (30) days following de�ivexyr o� such
notice to Grantee.
E. Force Majeure . Other than its failure, �'efusal, o�
inability to pay its debts and obligations , incl�,td�.n;�, speci-
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i P
fically, the payments to the City required by this ordinance,
Grantee shall not be declared in default or be subject to any
sanction under any provision of this franchise ordinance in
those cases in which performance of such provision is prevented
by reasons beyond its control.
Section 29. ASSIGNMENT OF FRANCHISE.
The rights , privileges and franchise granted hereunder may
not be assigned, in whole or in part , without the prior consent
of City Council expressed by resolution or ordinance, and then
only under such conditions as may therein be prescribed. No
assignment to any person shall be effective until the assignee
has filed with the City Secretary an instrument, duly executed,
reciting the fact of such assignment , accepting the terms of
this ordinance, and agreeing to comply with all of the provisions
hereof.
Section 30. PUBLICATION COST.
In compliance with the provisions of Article IX, Section 9 . 03
of the Home Rule Charter of the City, Grantee shall pay the cost
of those publications of this ordinance required by such Charter
provisions.
Section 31. GR.ANTEE TO HAVE NO RECOURSE.
A. Requirements and Enforcement . Except as expressly
provided herein, Grantee shall have no recourse whatsoever against
the City for any loss , cost, expense, or damage arising out of
the provisions or requirements of this franchise or because of the
enforcement thereof by the City or because of the lack of the
City' s authority to grant all or any part of this franchise.
B. Grantee ' s Understanding. Grantee expressly acknowledges
that in accepting this franchise ordinance, it relied solely upon
its own investigation and understanding of the power and authority
of the City to grant this franchise, and that Grantee was not in-
duced to accept this ordinance by any understanding, promise, or
other statement, verbal or written, by or on behalf of the City
-21-
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, +. �'
or by any third person concerning any term o� �ondi.�ion 'not ex�
pressed herein.
Section 32 . ACCEPTANCE OF FRANCHISE ORDINANC�.
Within thirty (30) days from the effective date of this
ordinance, Grantee shall file with the Ci�yr a wr�.tten staCement
in the fol.lowing form signed in its name and beh�.lf;
"To the Honorable Mayor and City Council of
�
the City of Friendswood, Texas :
"For itself, its successors and assi�ns ,
The Meca Carporation, hereby accept� the attached
ordinance and agrees to be bound by $ll pf its
terms , conditions , and prov�sions.
The Meca Corgor�tion
By
zts
„Dated this the day Qf , 1979 .
Section 33 . SEVERABILITY. �" ' ' e �
If any provision, section, subseeti,on, ��n�enc�, clause , or
phrase of this o�rdinance is for a�ny r�as+a� h,eld to b+e 3.nvalid or
unconstitu�ional, such invalidity or unconstitu�iQn�.�.i.ty shall
not affect the validity a� the remainin� porti4ta,� of, thiS ord�nance.
� � � �
It is the intent of the City in adopting this ordin�nc� that no
portion or provision thereof shall become ina���'��tive Ur fail
by reason of any invalidity or un�onst�.tu�io�a,'��.ty .a� any other
portion or provision, and to this end all p�Qv�,s�.on� o� , this ordi-'
nance are declared to be severable. '
Section 34. PASSAGE AND EFFECTIVE DATE.
This ordinance, having been published as requj.red by Ar-
ticle IX, Section 9 . 03 af the Home Rule Chaxter of Che City,
shall take effect and be in force from and ��ter foxty-five_ (45)
days following its final passage and approv�7, . �
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,
Section 35 . City of Friendswood� Texas, �xd�.nance No. 79-14,
passed and approved on July 2, 1979, a�d �ran�,�.ng, .a CA�� fran- . ;
chise to The Meca Corporation, i�s hereb�y �ep�����. � � � � �
� �� � �,y�.�' , ,��F �
PASSED AND APPROVED on first readirtg �1��,� ; ��}�,,?,��1�� of
,�'�� �, } � ,
�
, 1979. i ', �
, .} .
PASSED AND APPRl3VED on second reading ,this � daX of
�� � , 1979 .
_.____ �
PASSED AND APPROVED on third and final readir��,, th�.s �_Z�
day of �-�c ---� 1979.
_.- �!T `r' ;.? :� .
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�f�� `�Nj��^O��� J . � ... . � . .
'°.�, '`��sT�
.; ,_, �
t ��
City Secretary
APPROVED AS TO FORM:
y Attorney
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