0583~ OI~DIN~NCE OF THE CITY OF SOUTHL&KE~ TEX~S~, GR,~NTING
]% FRANCHTSE TO S]%,.',~HONS COHi~IUNIC]%TIONS~ INC.~ ]% DEL~WAEE
CORPORATION, ITS SUCCESSORS OR ASSIGNS, TO OWN, OPERATE,
AND MAINTAIN ]% CABLE TELEVISION SYSTEM IN THE CITY;
SETTING FORTH CONDITIONS ACCOMPANYING THE GI~m~T OF
FP~NCNISE; PROVIDING FOR SEVERABILITY; PROVIDING AND
EFFECTIVE DATE; AND PROVIDING FOR ]%CCEPTANCE.
WaEREAB, it is the mutual desire of the City of Southlake and
Sammons Communications, Inc. to adopt a cable television franchise
on the terms and conditions set forth herein; NOW, THEREFORE,
BE IT ORD]%INED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEX~S:
SECTION 1:
and may be cited
Ordinance."
SECTION 2:
Short Title. This Ordinance shall be known
as the "Sammons Communications, Inc. Franchise
Definitions. For the purpose of this
Ordinance the following terms, phrases, words and their derivations
shall have the meaning given herein. When not inconsistent with
the context, words used in the present tense include the future,
words in the plural number include the singular number and words
in the singular number include the plural number. The word "shall"
is always mandatory and not merely directory.
(a) "City" means the city of Southlake, Texas.
(b) "Company" means the grantee of rights under this
Ordinance awarding a franchise, being Sammons Communications, Inc.
(c) "Person" means any person, firm, partnership,
association, corporation, company or organization of any kind.
(d) "Cable Television System" or "System" means a system of
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antennae, cables, wires, lines, towers, waveguides or other
conductors, converters, equipment or facilities designed and
constructed for the purpose of producing, receiving, amplifying and
distributing audio, video and other forms of electronic or
electrical signals located in the City.
(e) "Gross Subscriber Revenues" means the gross amount
received from the operation of all facets of the Company's business
arising from operations within the City.
SEC?ION 3: Qualifications of Grantee and Grant of
Authority. A public hearing concerning the franchise herein
granted to the Company was held on June 15, 1993 at
7:00 p.m.
o'clock at the City Council Meeting~ $outhl~ke, Texas
The hearing having been held and having been fully open to the
public, and the city having received comments regarding the
qualifications of the Company to receive this franchise, the city
Council finds that the Company possesses the necessary legal,
technical, character, financial and other qualifications, and that
therefore the city Council hereby grants to the Company a non-
exclusive franchise, right and privilege to construct, erect,
operate, modify and maintain in, upon, along, across, above and
over and under the highways, streets, alleys, sidewalks, public
ways and public places now laid out or dedicated and all extensions
thereof, and additions thereto, in the City, poles, wires, cables,
underground conduits, manholes and other television conductors and
fixtures necessary for the maintenance and operation in the City
of a Cable Television System for the purpose of distributing
television and radio signals and various communications and other
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electronic services to the public. The right so granted includes
the right to use and occupy said streets, alleys, public ways and
public places and all manner of easements for the purposes herein
set forth.
SECTION 4: Franchise Term.
Company herein shall terminate 15
The Franchise granted the
years from the date of City
Council final adoption of this ordinance.
shall be entitled to apply for franchise
renewal process will be conducted in accordance
federal, state, and local law.
SECTION 5~ Payments to the city. The
At that time the Company
renewal. The franchise
with applicable
Company shall,
during each year of operation under this Franchise, pay to the City
an annual sum of five (5%) percent of the Gross Subscriber Revenues
received by the Company from operations within the City for the
prior year. At the time of payment, the Company shall furnish the
city with a report showing the Company's Gross Subscriber Revenues
during the preceding year. Each annual payment will be made to the
city within 30 days after the end of each year. Such sum shall be
compensation for the rights, privileges and franchise and in
consideration of permission to use public streets and ways within
the City and in lieu of street and alley rentals and charges for
supervision for use of public streets and ways within the City.
SECTION 6: Records and Reports. The Company shall keep
full, true, accurate and current books of account reflecting Gross
Subscriber Revenues, which books and records shall be made
available for inspection and copying by the city's designee at all
reasonable times subject to the privacy provisions of the Cable
Communications Policy Act of 1984, as amended.
SECTION 7: Subscriber Rates. Unless the city becomes
certified to regulate subscriber rates in accordance with federal
law and regulations, the Company shall annually file with the City
Administrator a full schedule of all subscriber and user rates and
all other charges made in connection with the Cable Television
System, which rates will be set in compliance with the federal law
and regulations. If the City is authorized and elects to regulate
subscriber rates under the Cable Television Consumer Protection and
Competition Act of 1992, or any successor law, then the City and
the Company shall follow the procedures established by the Act and
the applicable regulations, in determining the rates to be charged
Exhibit "A" is a schedule of current subscribers
to subscribers.
rates.
SECTION 8:
Complaint Procedures: The Company shall
maintain an office accessible by a toll free telephone number 365
days a year, 24 hours a day, to receive service complaints. Such
complaints shall be responded to within 24 hours excepting delays
resulting from Acts of God, strikes or other circumstances beyond
the control of the Company. Any service complaints from
subscribers shall be investigated and acted upon as soon as
possible. The Company shall keep a maintenance service log which
will indicate the nature of each service complaint and the time and
date thereof. This log shall be made available
inspection by the City.
SECTION 9: Liability and Indemnification.
shall pay, and by its acceptance of this franchise,
for periodic
The Company
the Company
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expressly agrees that it will indemnify, defend, and hold harmless,
the City against all claims, damages, and penalties which the City
may legally be required to pay as
negligence in installation, operation,
Television System authorized herein.
a result of the Company's
or maintenance of the Cable
The City shall notify the
Company's representative within fifteen (15) days after the
presentation of any claim or demand to the City, either by suit or
otherwise, made against the City on account of any negligence or
contract as aforesaid on the part of the Company. If the City is
also named in a claim asserting negligence on the part of the
Company, the Company shall defend the City against such
allegations. Notwithstanding the foregoing, if the City is found
to have been negligent with respect to the allegations, the City
shall reimburse the Company for fees, costs, and expenses related
to the City's defense. The amount related to the City's defense
will be calculated as the same percent of the fees, costs, and
expenses as the percent of negligence found by a court to be
attributable to the City. The Company further agrees as follows:
(a) Company shall carry Worker's Compensation insurance,
with statutory limits, and Employer's Liability insurance with
limits of not less than One Hundred Thousand Dollars
($100,000), which shall cover all operations to be performed
by Company as a result of this Ordinance.
(b) Company shall carry Comprehensive General Liability
and Comprehensive Automobile Liability insurance with bodily
injury limits of not less than Five Hundred Thousand Dollars
($500,000) per occurrence, and property damage limits of not
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less than Five Hundred Thousand Dollars ($500,000).
(c) Company agrees to furnish City with certificates of
insurance of said policies, which shall provide that insurance
shall not be cancelled unless ten days' prior written notice
shall first be given to City.
(d) It is expressly agreed and understood that the
Company is an independent contractor and in no event shall
Company's employees be deemed to be employees of the City.
SECTION 10: System Construction, Maintenance and
Procedures.
(a) Permission and Material. Upon grant of this Franchise to
construct and maintain a Cable Television System in the City, the
Company may enter into contracts with any Public Utility companies
or any other owner or lessee of any poles located within or without
the City to whatever extent such contract or contracts may be
expedient and of advantage to the Company for use of poles and
posts necessary for proper installation of the System, obtain
right-of-way permits from appropriate state, county and federal
officials necessary to cross highways or roads under their
respective jurisdictions to supply main trunk lines from the
Company's receiving antennae, obtain permission from the Federal
Aviation Authority to erect and maintain antennae suitable to the
needs of the System and its subscribers and obtain whatever other
permits a city, county, state or federal agency may require.
the construction, installation and maintenance of its System,
Company will use steel, cable and electronic devices, all
specialized and advanced design and type.
In
the
of
In the operation of its
- 6
System, the Company will employ personnel with training, skill and
experience in electronics and communications. It is recognized
that neither material nor personnel of this sort may be available
to the Company for its System in the event of a war or other
similar national emergency.
(b) Use. All transmission and distribution structures, lines,
equipment, and facilities erected or maintained by Grantee within
the city shall be so located as to cause minimum interference with
the property or intended use of streets, highways, alleys, bridges
and other public ways and places, and to cause minimum interference
with the rights
adjoining any of
public ways.
(c)
street
or reasonable
said streets,
convenience of owners of property
highways, alleys, bridges or other
Cuttinq of Street Surface. No surface of any paved
shall be cut or disturbed by Company in laying,
constructing, maintaining, operating, using, extending, removing,
replacing, or repairing its System without prior notice to the City
or its designated representative. If the City or its designated
representative is of the opinion that such proposed cut or
disturbance of a paved street surface could not be timely and
satisfactorily repaired or restored, the City may require Company's
proposed work to be performed by tunnelling under such paved
surface rather than by cutting same.
(d)
Company in
extending,
restored by Company
Restoration. The surface of any street disturbed by
laying, constructing, maintaining, operating, using,
removing, replacing, or repairing its System shall be
immediately after the completion of the work,
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at its cost and expense, to as good a condition as before the
commencement of the work and maintained by Company to the
satisfaction of the City, or of any City official to whom such
duties have been or may be delegated, for one year from the date
of completion of such restoration work. No street shall be
encumbered by construction, maintenance, removal, restoration, or
repair work by Company 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 Company in restoring and
maintaining streets after such excavations or repairs have been
made, the City shall have the right without further notice to
restore or repair the same and to require Company to pay the
reasonable cost of such restoration or repair.
(e) Relocation. In the event that at any time during the
period of this Franchise the City shall lawfully elect to alter or
change the grade of any street, alley or other public way, the
Company upon reasonable notice by the City, shall remove, relay and
relocate its poles, wires, cables, underground conduits, manholes
and other fixtures at its own expense.
(f) Placement of Fixtures. The Company shall not place
poles or other fixtures where the same will interfere with any
properly located gas, electric or telephone fixture, water hydrant
or main, and all such poles or other fixtures placed in any street
shall be placed at the outer edge of the sidewalk and inside the
curb line, and those placed in alleys shall be placed close to the
line of the lot abutting on said alley, and then in such manner as
not to interfere with the usual traffic on said streets, alleys and
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public ways.
(g) Temporary Removal of Wire for Building Moving. T h e
Company shall, on the request of any person holding a building
moving permit, issued by the City, temporarily raise or lower its
wires to permit the moving of buildings. The expense of such
temporary removal, raising or lowering of wires shall be paid by
the person holding the permit, and the Company shall have the
authority to require such payment in advance. The Company shall
be given not less than 5 business days' advance notice to arrange
for such temporary wire changes.
(h) Trimminq Trees. The Company shall have the authority
to trim trees upon and overhanging streets, alleys, sidewalks and
public places of the City so as to prevent the branches of such
trees from coming in contact with the wires and cables of the
Company.
(i) Extension of Service. The company may, but shall not
be required to extend its current cable facilities and service.
SECTION ll: Line Extension. Where the Company elects
to extend its cable facilities, Company shall extend service to new
subscribers, at the normal installation charge and monthly rate for
customers of
conditions:
that classification, under the following terms and
(a) Where the new subscriber, or nearest subscriber of a
group of new subscribers is located within 500 feet of existing
trunk cable; or
(b) Where the number of homes to be passed by such new
extension cable plant exceeds or equals 50 homes per mile of such
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new extension cable plant.
(c) In the event the requirements of subsections (a) and (b)
are not met, the installation cost per subscriber shall be
determined as set forth in Exhibit "B" attached hereto.
SECTION lZ: Compliance with Standards. All facilities
and equipment of Company shall be constructed and maintained in
accordance with the requirements and specifications of the National
Electrical Safety Code and such applicable ordinances and
regulations set forth by the City and/or any other local, state or
federal agencies.
SECTION 13: Company Rules and Regulations. The Company
shall have the authority to promulgate such rules, regulations,
terms and conditions governing the conduct of its business as shall
be reasonably necessary to enable the Company to exercise its
rights and perform its obligations under this Franchise, and to
assure uninterrupted service to each and all of its customers.
However, such rules, regulations, terms and conditions shall not
be in conflict with the provisions hereof or of federal and state
laws.
SECTION 14: Procedures. The Company shall be a party to
any proceeding in which its rights, privileges or interests would
be affected and shall be fully entitled to due process rights.
SECTION 15: ADDrOVal of Transfer. The Company shall not
sell or transfer its System to another, nor transfer any rights
under this Franchise to another without written approval by the
City Council, provided that such approval shall not be unreasonably
withheld if the vendee, assignee or lessee has filed with the
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appropriate official of the city an instrument duly executed,
reciting the fact of such sale, assignment or lease, accepting the
terms of this Franchise and agreeing to perform all conditions
thereof.
SECTION 16:
The Company shall,
ComDliance with FCC Rules and Requlations.
at all times, comply with the rules and
regulations governing Cable Television operations promulgated by
the FCC. This shall include adherence by the Company to FCC rules
regarding technical and engineering specifications involved in the
construction of the System and signal carriage therein.
SECTION 17: Incorporation of State Law, Federal Law, and
FCC Rules and Requlations. The provisions of this Ordinance are
intended to be consistent with state law, federal law, and FCC
rules and regulations. If state or federal law or FCC rules and
regulations authorize any form of local regulation of cable
television systems not included in this Ordinance, it is agreed
have the option to implement the regulations
that the City shall
so authorized.
SECTION 18:
Publication Costs. The Company shall assume
the costs of the publication of this Franchise as such publication
is required by law. A bill for publication costs shall be
presented to the Company by the appropriate City officials upon the
Company's filing of its acceptance of this Franchise and the
publication costs shall be paid at that time by the Company.
SECTION 19: Activities Prohibited. The Company shall not
allow its cable or other operations to interfere with television
reception of persons not served by the Company.
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SECTION ZO: Severabilitv. If any section, subsection,
sentence, clause, phrase or portion of this Ordinance is for any
reason held invalid or unconstitutional by any court or agency of
competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not
affect the validity of the remaining portions hereof.
SECTION 21: Effective Date. This Ordinance shall take
effect after its adoption by the City Council, receipt by the City
of certificates evidencing the Company has obtained all insurance
required by this Ordinance, and execution of the acceptance of the
Franchise by Company.
ATTEST:
~ity Clerk
CITY OF SOUTHLAKE
Date: ~ /~//~;~
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ACCEPTANCE OF FRANCHISE
By signing this acceptance statement, Sammons Communications,
Inc., hereby accepts this Ordinance as the agreement between
Company and the City and does hereby agree to be bound by all of
its terms, provisions and conditions.
SAMMONS COMMUNICATIONS, INC.
slake\cabte.ord(5/27/9:~)
-- 13 --
SCALE; I': 1500'
(APPROX.)
~CAI~LE IN SOUTHLAKJ
'~,~.... CITY LIMITS
TOTAL
52,55Z" (6.17 MI.}
••
SAMMONS COMMUNICATIONS, INC.
August 18, 1993
Sandra L. LeGrand
City Secretary
CITY OF SOUTHLAKE
667 North Carroll Avenue
Southlake, Texas 76092
Re: City of Southlake Franchise Agreement
Acceptance
Dear Sandra:
Enclosed please find an executed Acceptance in
relation to the Franchise Agreement between the City of
Southlake and Sammons Communications, Inc.
Should you have any questions, please call me.
Sincerely,
Elt(JU'L--
Elaine Ealy j
Legal Secretary
/ee
Enclosure
3010 LBJ Freeway, Suite 800 • Dallas, Texas 75234 • 214 484-8888 • 214 919-5799 (FAX)
Fort Worth Star-Telegram •
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
THE STATE OF TEXAS
runty of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared Billing Specialist for the Fort Worth
Star-Telegram, published by the Star-Telegram Inc . at Fort Worth, in Tarrant
County, Texas; and who, after being duly sworn, did depose and say that the
following clipping of an advertisement was published in the above named
paper on the following dates :
DATE AD INVOICE NO. DESCRIPTION AD SIZE TOTAL
INCH/LINE RATE AMOUNT
JUN 12 2487952 CL . 358 1X27 L 27 . 43 11 . 61
june 18
O ANCENO.N P . O. # ORDINANCE 583
An ordllnan4e of the CIas,granting of
SouthI0 ke,Tex a
franchi to Sammons C.om-
munllcations, Inc. A ela-
ware Corporation,it succes-
sors or assigns to own,
oileret� and mainfaln a cable
television system in the city;
setting fortti conditions of
ompanying tt
franthlse,prov dding for sev-
erabllity;providingtndeNec-
fflcviceepdattee• and prov ding floor
Cpass cill of ptthheeed by the
South) ke thls1he15thCddayooff
June,1993
Gary FiCCkes:
Mayor of Southlake
Attest:
SandraL.LeGrand SIGNED
ApprovCaldfyaSec
rforan D SWORN TO BEFORE ME , THIS THE DAY OF
tm waey ttor NOTARY PUBLIC
TARRANT COUNTY, TEXAS
TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-�
REMIT TO : 400 W. SEVENTH , FW, TX 76102
Fort WorthStar-TelegramR2WT Tc: 9YXn9X1XNXXAIIX9p( XXI(XI AN1 2051
2487952
NUMBERACCOUNT CIT57 ADUHT 11 . 61
PAGE ;F 1
CITY OF SOUTHLAKE ORIGINAL
667 N CARROLL AVE 11. 61
PLEASE PAY
SOUTHLAKE TX 76092-9595 THIS AMOUNT
ATTN : FAX
PLEASE WRITE IN AMOUNT ENCLOSED
Fort Worth Star-Telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
THE STATE OF TEXAS
runty of Tarrant
Before me, a Notary Public in and for said County and State , this day
personally appeared SUE RUSSELL Billing Specialist for the Fort Worth
Star-Telegram , published by the Star-Telegram Inc . at Fort Worth, in Tarrant
County, Texas ; and who , after being duly sworn, did depose and say that the
following clipping of an advertisement was published in the above named
paper on the following dates :
AL
DATE AD INVOICE NO. DESCRIPTION AD S17E INCIiT/LIINE RATE AMOUNT
APR 09 2442270 CL . 358 1X36 L 36 . 43 15. 48
lApr 9
P . O . # ORD 583
NOTICE OF PUBLIC
HEARING
NOTICE IS HEREBY GIV-
EN — .--
TO ALL INTERESTED i
CITIZENS that the City Coun-
cil of the City of South lake,
hearing iing onbApprild2gra p3 be-
b
ginning at7:00p.m.,7ntth9eCity
Council Chambers of City
Hall,667 North Carroll Ave-
nue, Southlake, Texas. Pur-
pose of the hearing is to con-
sider the following ordinance
In public hearing,as follows:
ORDINANCE NO.583
AN ORDINANCE
GRANTING
M
FRANCHISE
TO SAM-
MONS COMMUNICA- ,.-
TIONS, INC. A DELA- S I G N E 'C
WARE CORPORATION 14m�..i RIL 1993
LTs succEssGRs Gd D SWORN TO BEFORE ME, T IS THE D OF
SIGNS TO OWN AND
ERATt AND NOTARY PUBLI
INACABLETELEVI- � __ _ �
IN SYSTEM IN THE --
_XASF SOUTHLAKE,
FORTH CONDITIONS TARRANT COLNTY, TEXAS
GRANTCANYING TOF
FRANCHISE.
City of Southlake
Sandra L.LeGrand
City Secretary
TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
REMIT TO : 400 W . SEVENTH , FW, TX 76102
Fortprth tar- F:E'�A'1"�'C': �:. 1 9(4(�E9Q�DOlt5XX7p1F1(VQ4G�tIXX$Q�X�(�X
Tele r
gam ACCOUNT AMOUNT
NUMBER C I T 5 7 DUE 15 . 48
1 1
PAGE OF
CITY OF SOUTHLAKE ORIGINAL
667 N CARROLL AVE 15. 48
SOUTHLAKE TX 76092-8898 PLEASE PAYTHIS AMOUNT
ATTN : SANDY LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED