0321ORDINANCE NO. ~__
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS
GRANTING TO CABLEVISION MANAGEMENT, INC., AN
ARKANSAS CORPORATION, ITS SUCCESSORS AND
ASSIGNS, A FRANCHISE TO ERECT, MAINTAIN AND
OPERATE ITS POLES, TOWERS, ANCHORS, WIRES,
CABLES, ELECTRONIC CONDUCTORS, CONDUITS,
MANHOLES AND OTHER STRUCTURES AND
APPURTENANCES NECESSARY OR USEFUL IN ERECTING,
MAINTAINING AND OPERATING A COMMUNITY ANTENNA
OR CABLE TELEVISION SYSTEM IN, OVER, UNDER,
ALONG AND ACROSS TBE PUBLIC STREETS, HIGHWAYS,
ALLEYS, BRIDGES AND OTHER PUBLIC WAYS AND
PLACES IN THE CITY OF SOUTHLAKE; PRESCRIBING
COMPENSATION FOR THE PRIVILEGES CONFERRED
UNDER THE FRANCHISE; PRESCRIBING THE
CONDITIONS GOVERNING THE OPERATION OF THE
BUSINESS INSOFAR AS IT AFFECTS THE USE OF
PUBLIC PROPERTY FOR THE PURPOSE OF SUCH
BUSINESS; PRESCRIBING RULES AND REGULATIONS
GENERALLY FOR THE OPERATION OF SAID BUSINESS
UNDER THIS GRANT; AND PROVIDING FOR
SEVERABILITY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SO[~THLAKE=
Section 1. SBORT TITLE.
This ordinance shall be known and may be cited as the City of
Southlake - Cablevision Management, Iec. CATV Franchise Ordinance.
Section 2. DEFINITIONS.
For the purposes of this ordinance the following terms, phrases,
words, abbreviations and their derivations shall have the meaning
given herein. When not inconsistent with the context, words used in
the present tense include the future tense, words in the plural
number include the singular n~nber, and words in the singular n~mber
include the plural number. The word "shall" is always mandatory,
and not merely directory.
A. 'City" shall mean the City of Southlake, Texas, a munici-
pal corporation of the state of Texas.
B. "City Council" shall mean the present governing body of the
City or any successor to the Legislative powers of the present City
Council.
C. "Person" shall mean any person, firm, partnership, asso~
ciation, corporation, company, or organization of any kind.
D. "Grantee" shall mean Cablevision Management, Inc.
(hereafter called "CMI', or "Company", or "Grantee"), or any person
or entity who succeeds CMI as assignee of CMI in accordance with the
provisions of this ordinance.
E. "Initial Service Area" shall mean those areas of initial
distribution of Cable Television services within the City shown by
an Initial Service Area Map to be provided by Grantee and submitted
to the City Council by November 15, 1985.
P. "Basic Service" shall mean the simultaneous delivery by
Grantee to the television receivers, or any other suitable type of
audio-video communication receivers, of all of its subscribers of
all broadcast signals authorized for carriage by the FCC and of all
regular non-broadcast signals provided to all of its subscribers.
G. 'Premium Service' (Pay Television) shall mean the delivery
over the CATV system of video and audio signals in intelligible form
to subscribers for a fee or charge over and above the charge for
basic or full services, on a per program, per channel or other
subscription basis.
H. 'Channel' shall mean a band of frequencies, six megahertz
wide, in the electro-magnetic spectrum which is capable of carrying
either one audio-video television signal and a number of non-video
signals, or several thousand non-video signals.
I. "Federal Communications Commission" shall mean that agency
as presently constituted by the nnited States Congress or any suc-
cessor agency.
J. "FCC" shall mean the Federal Communications Commission.
K. "Street" shall mean the surface of and the space above and
below any public street, road, highway, alley, bridge, sidewalk, or
other public place Or way now or hereafter held by the City for the
purpose of public travel and shall include other easements or rightu
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, con-
duits, manholes, amplifiers, appurtenances, attachments, and other
structures, equipment, and facilities as may be ordinarily necessary
and pertinent to a CATV system.
L. "CATV System' shall mean a system of cables, wires, lines,
towers, wave guides, microwave, laser be~m~, or any other conver-
ters, equipment, or facilities designed and constructed for the pur-
pose of producing, receiving, amplifying, and distributing by audio,
video and other forms of electronic or electric signals to and from
subscribers and locations in the City.
M. "CATV" shall mean community antenna television.
N. 'Converter" shall mean an electronic device which converts
signals to a frequency not susceptible to interference within the
television receiver of a subscriber and by appropriate chanoel
selector also permits subscriber to view all signals delivered at
designated dial locations.
O. "Gross Service Revenue" shall mean all revenues collected
by the Grantee for subscriptions to Basic Services, Premium
Services, and Converter rentals.
p. 'Gross Revenues" shall mean all revenues collected by the
Grantee, including, but not limited to, Basic Service Revenues,
'Premium Service Revenues, and any other source of revenues received
by the Grantee in its operation of the CATV system under this
franchise. Gross Revenues shall not include any taxes which are
imposed on any subscriber or user of the CATV system by any govern-
mental unit and collected by Grantee for such governmental unit nor
any customer deposit.
Section 3. GRANT OF AUTHORITY/EFFECTIVE DATE.
a. There is hereby granted to Cablevision Management, Inc., an
Arkansas corporation, and its successors and assigns, hereinafter
called 'Grantee", subject to the provisions of sub paragraph (b)
hereof, for the term of fifteen years from September 1, 1985, the
right, privilege and franchise to have, acquire, construct,
reconstruct, maintain, use and operate in, over, under, along and
across the present and future streets, highways, alleys, bridges,
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and public ways and places of the City all necessary or desirable
poles, towers, anchors, wires, cables, electronic conductors,
underground conduits, manholes and other structures Bcd appurtensn-
ces necessary for the Construction~ maintenance and operation of a
system and service for receiving, amplifying and/or distributing
television, radio, and other electronic signals, hereinafter called
a 'community antenna or cable television system", in the City of
Southlake, Texas. This Ordinance and all authority granted herein
shall be effective from and after its passage and approval.
Provided, all rights contained herein shall be void if Grantee fails
to file an acceptance as required by Section 25 hereof or if the
Initial Service Area Map is disapproved by the City Council On Or
before November 20, 1985.
(b) Grantee understands, acknowledges and agrees that Grantee
shall have basic and premium service available for reception by 95%
of all residential homes and households within ten (10) years from
the effective date of this Franchise, and that upon failure of
Grantee to have provided such service, the then existing City
Council of City shall have the right under this Agreement and this
provision to cancel this Franchise upon sixty (60) days written
notice to Grantee.
Section 4. FRANCHISE TERRITORY AND LINE EXTENSION POLICY.
A. This franchise shall be for the present territorial limits
of the City and for any area henceforth added thereto during the
term of the franchise. The Grantee hereby agrees to provide cable
television service to all residences within the Initial Service Area
prior to February 15, 1986.
B. Upon completion of installation of the cable television
system in the Initial Service Area as described above, the Grantee
shall extend its services to all other areas within the present City
Limits or annexed to the City subsequent to the effective date of
this ordinance to the extent the average number of dwelling units
passed by the Grantee's signal carrying cable is not reduced below
40 dwelling units per mile.
~ection 5. COMPLIANCE WITH APPLICABLE LAWS.
The work and activity done in connection with the construction,
reconstruction, maintenance, operation, or repair of Grantee's CATV
system shall be subject to and governed by all present and future
laws, rules and regulations of the City, the State of Texas, the
United States of America, the FCC, and any other state or federal
agency having Jurisdiction over such matters.
Section 6. SUBJECT TO POLICE POWERS OF THE CITY.
The construction, maintenance, and operation of Grantee's CATV
system and all property of Grantee subject to the provisions of this
ordinance shall be subject to all lawful police powers, rules, and
regulations of the City. The City shall have the power at any time
to order and require Grantee to remove or abate any pole, line,
tower, wire, cable, guy, comduit, electric conductor, or any other
structure or facility that is dangerous to life or property. In the
event Grantee, after written notice, fails or refuses to act, the
City shall have the power to remove or abate the same et the ex~nse
of the Grantee, all without compensation or liability for damages to
Grantee.
Section 7. USE, RENTAL OR LEASE OF UTILITY POLES AND FACILITIES.
There is hereby granted to Grantee the authority to contract
with the City or with an appropriate board Or agency thereof or with
the holder or owner of any utility franchise in the City for the
use, rental or lease of its or their poles, underground conduits and
other structures and facilities for the purpose of extending,
carrying or laying Grantee's wires, cables, electronic conductors
and other facilities and appurtenances necessary Or useful in
receiving, amplifying and distributing television, radio, and other
electronic signals and in providing community antenna or cable tele-
vision service in the city.
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~ection 8. CONDITIONS OF STREET OCCUPANCY.
A. Use. All transmission and distribution structures, lines,
equipment-~d facilities erected or maintained by Grantee within the
City shall be ao located as to cause minimum interference with the
or modify any of its facilities or structures, such change, felons-
upon written request of any person holding a building moving permit
cables temporarily to permit the moving of houses, buildings, or
removal, raising, or lowering shall be paid by the benefitted person
and Grantee may require such payment in advance, it being without
'S~¢h payment shall have been made. Grantee shall be given not less
such temporary wire and cable adjustments.
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bridges or other public ways or places of the City in order to pre-
vent the branches of such trees from coming into contact with the
wires, cables, electronic conductors or other facilities or equip-
ment of the Grantee.
G. Placement of Fixtures. The Grantee shall not place poles,
towers Or similar fixtures where the same will interfere with any
gas, electric or telephone fixtures, water hydrant or main, drainage
facility or sanitary sewer, end all such poles, towers or similar
fixtures shall be placed in such m~%nner as not to interfere with the
usual travel or use of streets, highways, alleys or other public
ways or places.
H. Approval of Plans and Specifications. Grantee shall not
place poles, towers or similar fixtures whez~ the same will inter-
fere with any qas, electric or telephone fixtures, water hydrant or
main, drainage facility or sanitary sewer, and all such poles,
towers or similar fixtures shall be placed in such manner aa not to
interfere with the usual travel or use of streets, highways, alleys
or other public ways Or places.
Section 9. INDEMNIFICATION.
Grantee shall indemnify and save the City whole and harmless
from any and all claims for injury or damage to persona or property
occasioned by or arising out of the construction, erection, main-
tenance, repair or operation of said community antenna or cable
television system or by the conduct of Grantee's business in the
City. The Grantee shall pay and by its acceptance of this
franchise, the Grantee specifically agrees that it will pay all
expenses incurred by the City and not covered by liability insurance
in defending itself with regard to all claims mentioned above.
Section 10. LIABILITY INSUR~CE.
A. Minimum Coveraqe. Within thirty (30) days after the effec-
tive date of this ordinance, Grantee shall file with the City
Secretary and shall ~intain on file throughout the term of this
franchise a liability insurance policy issued by a company duly
authorized to do business in the State of Texas insurieg the City
and Grantee with respect to the installation, maintenance, and
operation of Grantee's CATV system in the following minimu~m amounts:
(1) One Person. Five Hundred Thousand [~llare
$500,000.00) for bodily injury or death to any One person.
(2) One Accident. One Million Dollars ($1,000,000.00) for
bodily injury or death resulting from any one accident.
(3) Property Damaq~. Five Hundred Thousand Dollars
($500,000.00) for property damage resulting from any one
Occurrence.
(4) All Other Types of Liability. One Hundred Thousand
Dollars ($100,000.00) for all other types of liabilities.
B. Notice of Cancellation or Reduction. Said policy Of liabi-
lity insurance shall contain the provision that written notice of
expiration, cancellation, or reduction in coverage of the policy
shall be delivered to the City Secretary and to the Grantee at least
thirty (30) days in advance of the effective date thereof.
C. Term. Such liability insurance shall be kept in full force
and effect by Grantee during the existence of this franchise and
thereafter until after the removal of all poles, wires, cables,
-underground conduits, manholes, and other conductors and fixtures
incident to the maiutenance and operation of Grantee's CATV system,
should such removal be required by City Council or undertaken by
Grantee.
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Section 11. INSTALLATION SCHEDULE.
A. Permitst Licensesw and Certificates. Within thirty (30)
days after the acceptance of this franchise ordinance, Grantee shall
proceed with due diligence to obtain all necessary permits and
authorizations which are required in the conduct of its business
including, but not limited to, utility Joint-use attachment
agreements, and permits, licenses, authorizations, and certificates
to be granted by duly constituted local, state, and federal govern-
mental entities and regulatory agencies having jurisdiction over the
installation sad operation of the CATV system.
B. Start of Construction. Within sixty (60) days after
obtaining all necessary permits, licenses, authorizations, and cer-
tificates, Grantee shall commence construction and installation of
its CATV system, subject to the conditions of this ordinance.
C. Initial Rendering of Service. On or before February 15,
1986, Grantee shall complete construction in the Initial Service
Area in accordance with the requirements of this franchise and the
rules and regulations of the FCC and begin rendering service to all
dwellings within the Initial Service Area.
D. Compliance. Failure of Grantee to commence and diligently
pursue each of the foregoing requirements and to abide by and to
complete each of the matters set forth herein shall be grounds for
termination of this franchise. Provided, however, City Council in
its discretion may extend the time for the commencement and comple-
tion of construction and installation for additional periods in the
event Grantee, acting in good faith, experiences delays by reason of
circumstances beyond its control.
Section 12. OPERATIONAL STANDARDS.
Grantee's CATV system shall be installed, maintained and
operated in accordance with the accepted standards of the industry
to the end that the subscriber may receive the best and most
desirable form of service. Toward accomplishment of this purpose,
Grantee and its CATV system shall meet the following minimum stan-
dards and service offerings:
A. Compliance with FCC Rules. Grantee shall comply with pre-
sent and future rules and regulations of the FCC in connection with
and relating to the operation of its CATV system.
B. Quality of Color Signals. Grantee's CATV system shall be
capable of transmitting and passing the entire color television
spectrum without the introduction Of material degradation of color
intelligence and fidelity.
C. Rated for Continuance Operation. Grantee's CAtV system
shall be designed for twenty-four (24) hours a day continuous
operation.
D. Quality of Picture. Grantee's CATV system shall be capable
of and shall produce a picture upon any subscriber's television
screen, in black and white or color, provided the subscriber's tele-
vision set is capable of producing a color picture, that is
undistorted and free from ghost images and accompanied by proper
sound, assuming the technical, standard production television set is
in good repair and the television broadcast signal transmission ia
satisfactory.
E. No Cross Modulation or Interference. Grantee's CATV system
'shall transmit or distribute signals of adequate strength to produce
good pictures with good sound in all television receivers of all
subscribers without causing cross modulation in the cables or inter-
ference with other electrical or electronic system~.
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F. Channel Capacity. Grantee's CATV system shall have a mini-
mum channel capacity Of fifty plus (50+} television channels.
G. Converter-Parental Lockl Selection of Signal Rumber. A~y
Converter offered or provided by Grantee shall be equipped with a
parental authorization mechanism capable of allowing parents to
block Or limit access to certain Premium Service channels.
~. Educational Channels. One channel shall be reserved for
the use of the Public Schools located within the City. Such chan-
nels shall be provided free of charge.
I. Standard of Care. Grantee shall at all tl~es employ a high
standard of care and shall install, maintain, and use approved
methods and devices for preventing failure or accidents which are
likely to cause damages, injuries, or nuisances to the public.
J. Grantee's Office. Grantee shall maintain an office within
the City and sufficient employees as are necessary to promote good
service and convenience to the public, and be so equipped and
operated that complaints and requests for installation~ repairs, or
adjustments may be received and timely and reasonably answered.
K. Service and Repair. Grantee shall render efficient ser-
vice, make repairs promptly, and interrupt service only for good
cause and for the shortest time possible. Insofar as possible, such
interruptions shall be preceded by forty-eight (48) hours notice and
shall occur during periods of minimum use of the CATV system.
L. Service Calls. Grantee shall respond to all service calls
within twenty-four (24) hours and correct malfunctions as promptly
as possible, but, in all events, within seventy-two (72) hours after
notice thereof. For that purpose, Grantee shall maintain e com-
petent staff of employees sufficient in size to provide adequate and
prompt service to subscribers.
M. City-School~ Receiving and Transmitting Capabilities. Upon
request, Grantee shall provide, without charge, basic service to the
City Hall, the Main Fire Station, and each public school within the
City. The transmission path to City Hall shall be capable of both
receiving and transmitting audio and video signals.
N. Complaint Records. The Grantee shall maintain a written
record or "log#, listing date and time of customer complaints, iden-
tifying the subscriber and describing the nature of the complaints
and when and what actions were taken by the Grantee in response
thereto; such record shall be kept at Grantee's local office,
reflecting the operations to date for a period of at least the pre-
ceding twelve (12) months, a~d shall be available for inspection by
the City during regular business hours.
O. Record of Facilities. During the life of the franchise,
Grantee shall provide to the City current mapping indicating the
location of Grantee's lines and facilities.
Section 13. EMERGENCY USE OF THE CATV SYSTEM.
In the event of an emergency or disaster, Grantee shall upon
request of the City Council or its designated representative make
available its facilities to the City for emergency use during the
period of such emergency or disaster and shall provide such person-
nel as may be necessary to operate its facilities under the cir-
cumstances. Grantee shall provide a transmission path for an
emergency interrupt whereby the City, in time of crisis, may be able
to introduce a bulletin on all channels simultaneously.
Section 14. COMPLIANCE WITH STATE AND FEDERAL LAWS.
Notwithstanding any other provision of this ordinance to the
contrary, Grantee shall at all times comply with all laws, rules and
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regulations of the state and federal governments and any administra-
tive agencies thereof. If any such state or federal law, rule, or
regulation shall require or permit Grantee to perform any service
or shall prohibit Grantee from performing any service in oonfliot
with the provisions of this ordinance or any other ordinance, rule,
or regulation of the City, then immediately following knowledge
thereof Grantee shall notify City Council in writing of the point of
conflict believed to exist between such state or federal law, rule,
or regulation and this or other ordinance, rule, or regulation of
the City.
Section 15. MODIFICATIONS BY FCC.
It is specifically agreed by the City and Grantee that any modi-
fications of the provisions of this ordinance resulting from amend-
ment of the Rules and Regulations of the FCC shall be incorporated
into this franchise ordinance by the City Council within one year Of
the adoption of the amendment by the FCC, or at the time of the
renewal of this franchise, whichever occurs first.
Section 16. PAYMENT TO TRE CITY.
A. Amount and Time. AS compensation for the right, privilege
and franchise herein conferred, Grantee shall pay to the City on or
before March 31 of each year a sum equal to three percent (3%) of
Gross Service Revenues of the Company for the preceding calendar
year.
R. Late Payment. In the event that any franchise payment or
recomputed amount is not made on or before the applicable dates
heretofore specified, interest shall be charged from such due date
at the annual rate of ten percent (10%).
C. Right of Inspection of Records. The City shall have the
right to inspect Grantee's records showing the gross revenues from
which payments to the City are computed and the right of audit and
recomputation of any and all amounts paid under this franchise. No
acceptance of payment shall be construed as a release or as an
accord and satisfaction of any claim that City may have for further
or additional sums payable under this franchise or for the perfor-
mance of any other obligation hereunder.
D. Other Payments to City. The franchise fee payable
hereunder shall be exclusive of and in addition to all ad valorem
taxes; special assessments for municipal improvements, and other
lawful obligations of Grantee to the City.
Section 17. RECORDS AND REPORTS.
A. Office of Grantee. 'Grantee shall maintain an office in the
City as long as it continues to operate its CATV system Or any por-
tion thereof.
B. Notices. All notices, directions, orders, and requests may
be mailed, served, or delivered under this oridinance to the office
of Grantee in the City or to such other place as Grantee shall
designate by writing filed with the City Secretary.
C. Rooks of Account. Grantee shall keep complete and accurate
books of accounts and records of its business and operations under
and in connection with this franchise. All such books of account
and records shall be available for inspection at Grantee's office in
the City.
D. Access by City. The City, through its duly designated
officers, agents or representatives, shall have access to all books
of account and records of Grantee for ascertaining the COrrectness
of any and all ;epoft8 and may examine its oificers and employees
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under oath in respect thereto. Access shall be given by Grantee to
such officers, agents, Or representatives of the City at all reaso-
nable times not only to Grantee's records of gross revenues and
Gross Service Revenues, but also to all of Grantee's plans,
contracts, engineering, planning, statistical, customer, and
subscriber service records relating to the properties and operation
of its CATV system.
E. Annual Report. An annual report showing gross revenues
received by Grantee for the preceding calendar year, prepared and
certified to by an independent certified public accountant, and such
other information as the City shall request, shall be filed by
Grantee with the City Council within ninety (90) days following the
end of each calendar year during which this franchise is in effect.
Section 18. GRANTEE'S RULES.
Grantee shall have the authority to promulgate such rules, regu-
lations, terms, and conditions governing the conduct of its business
as shall be reasonably necessary to enable Grantee to exercise its
rights and to perform its obligations under this franchise ordinance
and to assure an uninterrupted service to each and all of the
subscribers to its service; provided, however, such rules, regula-
tions, terms, and conditions shall not be in conflict with any of
the provisions 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 agency
having jurisdiction. A copy of Grantee's rules, regulations, terms,
and conditions shall be filed with the City and thereafter be main-
tained current by Grantee.
Section 19. P~TES.
Rates charged by Grantee for basic service to subscribers shall
be fair, reasonable and nondiscriminatory. During the 24 months
following passage and approval of this ordinance, rates for services
shall not exceed those contained in Exhibit "A" attached.
A. Discontinuance of Service for Non-Payment. Grantee may
disconnect installations and discontinue service to a subscriber
upon failure to pay his or its bill within thirty (30) days of ren-
dition; provided, however, Grantee shall give five (5) days' notice
to a subscriber that service will be discontinued unless arrearages
are paid before the expiration of the five (5) day period.
B. Postinq of Rates. Grantee shall publish and post in its
local office a schedule of its rates and charges.
Section 20. DISTANT EXTENSION OF DISTRIBUTION CABLE.
In the event that a potential subscriber's premises are located
at some distance from a distribution cable, Grantee may charge an
additional fee to cover its cost of aerial extensions of oeer 250
feet and underground extensions of over 100 feet from the Company's
distribution cable.
Section 21. PROHIBITION OF DISCRIMINATORY OR PREFERENTIAL
PRACTICES.
In its rates or charges, or in making available the services or
facilities of the CATV system, Or in its rules or regulations, or in
any other respect, Grantee shall not make or grant preference or
advantage to any subscriber or potential subscriber or to the user
or potential user of the CATV system and shall not subject any such
person to any prejudice or disadvantage. This provision shall not
be deemed to prohibit promotional campaigns to stimulate subscrip-
tions to %he CATV system or other legitimate uses thereof.
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Section 22. PROTECTION OF SUBSCRIBER PRIVACY.
Subscriber Lists. The Grantee shall not, without prior valid
authorization from each subscriber so affected, provide any list
designating subscriber's names or addresses to any other party
except where required under contract for provision of premium ser-
vice and in accordance with laws of the United States or the state
of Texas.
Section 23. REVOCATION OF PRANCHISE.
Subject to the laws of the United States and the State of Texas,
but in addition to all other rights and powers of the City by virtue
of this franchise ordinance or otherwise, the City reserves the
right to terminate and cancel this franchise and all rights and pri-
vileges of Grantee hereunder in any of the following events or for
any of the following reasons;
A. VIOLATION OF PROVISIONS. If Grantee shall by act or
omission violate any term, condition, or provision of this franchise
ordinance (including specifically Section 3(b) hereof) and shall
fail or refuse to effect compliance within sixty (60] days following
written demand by the City to do so.
B. INSOLVENT OR BANKRUPT. If Grantee becomes insolvent,
unable or unwilling to pay its debts or ia adjudged bankrupt or all
or any part of Grantee's facilities are sold under an instrument to
secure a debt and are not redeemed by Grantee within thirty
days from the date of such sale.
C. FRAUD OR DECEIT. If Grantee attempts to or does practice
any fraud or deceit in its conduct or relations under this franchise
with the City, subscribers, or potential subscribers.
D. METHOD OF TERMINATION AND CANCELLATION. Any such ter-
mination and cancellation of this franchise shall be by ordinance
adopted by the City Council; provided, however, before any such
ordinance is adopted, Grantee must be given at least sixty {60)
~ays' advance written notice, which notice shall set forth the
causes and reasons for the proposed termination and cancellation,
shall advise Grantee that it will be provided an opportunity to be
heard by City Council regarding such proposed action before any such
action is taken, and shall set forth the time, date, and place of
the hearing. In no event shall such hearing be held less than
thirty (30) days following delivery of such notice to Urantee.
E. FORCE MAJEURE. Other than its failure, refusal, Or inabi-
lity to pay its debts and obligations, including, specifically, the
payments to the City required by this ordinance, Grantee shall not
be declared in default or be subject to any sanction under any pro-
vision of this franchise ordinance in those cases in which perfor-
mance of such provision is prevented by reasons beyond its control.
Section 24. SEVERABILITY.
phrase of this ordinance is for any reason held to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not
affect the validity of the remaining portions of this ordinance. It
is the intent of the City in adopting this ordinance that no portion
or provision thereof shall become inoperative Or fail by reason of
any invalidity or unconstitutionality of any other portion or provi-
sion, and to this end all provisioss of this ordinance are declared
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Section 25. ACCEPTANCE OF FRANCHISE ORPINANCE.
Within thirty (30) days from the effective date of this ordi-
nance, Grantee shall file with the City a written statement in the
following form signed its name and behalf~
"To the Honorable ~ayor and City Council of the City of
For itself, its successors and assigns, Ceblevision
Management, Inc. hereby accepts the attached ordinance and
agrees to be bound by all of its terms, conditions, and
CABLEVISION MANAGEMENT, INC.
/ President'
,AS~E~. A~O,T~- APP,O~E~. th,. the ,,~
1985.
ATTEST:
APPROVED:
CIT _OF SO~THLAKE, TE
(SEAL)
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EXHIBIT 'A#
Rates for Service
Basic Service Charge - One Outlet
Additional Outlets
Additional Converters
R~ote Control Units
fnstsllation Charge [Aerial)
Underground Installation
Premium Service Channels
Pay Per View
Refundable Converter Deposits
$11.75 m~nthly
(with or without one converter)
$ 3.50 month
$ 4.00 month
$ 3.00 ~nth
$24.g5
$35.00
$ 5.00
$10.00 month per channel *
Will vary per event
$25.00 each
Plus B% franchise fee
For first 250 feet of aerial extension
Pot first 100 feet underground~ $.15 per foot thereafter
CABLE VISION MANAGEMENT,
December 6, 1985
To the Honorable Mayor and
City Council of the City
of Southlake, Texas
Re: Ordinance No. 321
For itself, its successors and assigns, Cablevision
Management, Inc. hereby accepts the attached ordinance and agrees
to be bound by all of its terms, conditions and provisions.
CABLEVISION MANAGEMENT, INC.
Attachment
President
City of Southlake, Texas
Resolution 90-77, "No Parking" and "Tow Away Zone"
page two
ATTEST:
S~ndra L. LeGrand
City Secretary
APPROVED AS TO FORM:
City Attorney
City of Southlake, Texas