0714No. q 14
AN ORDINANCE GRANTING A FRANCHISE TO
MILLENNIUM TELCOM, L.L.C. TO CONSTRUCT,
INSTALL, OPERATE, AND MAINTAIN A CABLE
TELEVISION SYSTEM IN TIlE CITY OF SOUTltLAKE;
PROVIDING CONDITIONS; PROVIDING FOR
ACCEPTANCE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Millennium Telcom, L.L.C., has requested a cable television franchise to
construct, install, operate, and maintain a cable television system in certain portions of the City of
Southlake; and
WHEREAS, the cable television service to be provided by Millennium Telcom, L.L. C, under
this franchise is to a designated small portion of the city, and Millennium Telcom, L.L.C., has agreed
to accept the franchise on the terms and conditions established in this ordinance; NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS:
SECTION 1. Purpose and grant. Pursuant to state and federal law and the City Charter,
the City Council hereby grants to Millennium Telcom, L.L.C., a non-exclusive franchise, right, and
privilege to construct, install, operate, modify, and maintain a Cable Television System with all
necessary facilities, in, upon, along, across, above, and under the highways, streets, alleys, sidewalks,
and public ways in the City. This right and privilege does not include the authorization to provide
Telecommunications Services in the City. Cable Company is not authorized to use its System or to
make its System available to others for that purpose until it first applies for and is granted a franchise
for Telecommunication Services.
SECTION2. Definitions. Wheneverusedinthisordinance, the following words and terms
shall have the definitions and meanings provided in this section.
(a) Cable Company means Millennium Telcom, L.L.C., a Texas Corporation, located
at 101 East Main Street, Denison, Texas 75020, its agents, officers, employees, and its successors.
(b) Cable Television System or System means a system of closed transmission paths and
associated equipment, including, but not limited to, antennae, cables, wires, lines, towers,
waveguides, or other conductors, converters, equipment or facilities that are designed and
constructed for the purpose of producing, receiving, ampli ng, and distributing audio, video, and
other forms of electronic or electrical signals provided to multiple subscribers within the City.
(c) City means the City of Southlake, Texas,
(d) Gross Subscriber Revenues means the gross amount received from the operation of
all facets of the Cable Company's Cable Television System within the City.
Millenmum Cable Television Franchise - 1 - City of Souttflake, Texas
(e) Normal Business Hours means those hours during which most similar businesses in
the community are open to serve customers. Normal Business Hours must include some evening
hours at least one night per week and some weekend hours.
(f) Normal Operating Conditions means those service conditions which are within the
control of the Cable Company. Conditions which are ordinarily within the control of the Cable
Company include, but are not limited to, special promotions, pay-per-view events, rate increases,
regular peak or seasonal demand periods, and maintenance or upgrade of the System. Conditions
which are not within the control of the Cable Company include, but are not limited to, natural
disasters, civil disturbances, power outages, telephone network outages, labor disputes, and severe
or unusual weather conditions.
(g) Service Interruption means the loss of picture or sound on one or more cable
television channels.
(h) Standard Installation means the installation of the cable services at a location that
is no more than 125 feet from the existing distribution system.
(i) Telecommunications Services means conventional telephone service, such as:
(1) switched local exchange service; and
(2)
non-switched services, such as alternative access which connects user
locations and users to long distance companies.
SECTION 3. Franchise Term. The term of this franchise is five years from the date of
Cable Company's acceptance of this ordinance. At the end of five years, the term shall be
automatically renewed for successive terms of one year unless either party delivers to the other, 90
days before the expiration ora term, notice of intent to terminate the franchise. When such notice
is given, this franchise terminates at the expiration of the then current term.
SECTION 4. Compensation to the City.
(a) Amount. As compensation for the use, occupancy, oversight, supervision, and
regulation of the City's rights-of-way, Cable Company shall, during each year of operation under this
franchise, pay to the City an annual sum of five percent of the Gross Subscriber Revenues received
by the Cable Company from operations within the City. This payment shall be compensation for the
fights and privileges granted in this franchise and in consideration for the use of public streets and
ways within the City.
(b) Payment. The compensation for each year shall be made in four payments. The first
payment covering the first three months under this ordinance is due not later than 60 days after the
end of the third month, with subsequent payments due 60 days al~er each third successive month
during the term of this franchise. At the time of payment, the Cable Company shall furnish the City
with a report showing the Cable Company's Gross Subscriber Revenues during the preceding period.
SECTION 6. Records and Reports. The Cable 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 aH reasonable times subject to
the privacy provisions of the Cable Communications Policy Act of 1984, as amended.
Millennium Cable Television Franch/se - 2 - City of Southlake, Texas
SECTION 7. Customer Service Standards.
(a) Access Line. The Cable Company shall maintain a local, toll-bee, or collect call
telephone access line which is available to its subscribers 24 hours a day, seven days a week.
(1)
Trained representatives of the Cable Company shall be available to respond
to customer telephone inquiries during Normal Business Hours.
(2)
After Normal Business Hours, the access line may be answered by an
answering service or an automated response system, including an answering
machine~
(3)
Inquiries received after Normal Business Hours must be responded to by a
trained representative &the Cable Company on the next business day.
(b) Telephone Response Time. Under Normal Operating Conditions, telephone answer
time by a customer representative, including wait time, shall not exceed 30 seconds after the
connection is made.
(1) If the call needs to be transferred, transfer time shall not exceed 30 seconds.
(2)
Under Normal Operating Conditions, the Cable Company shall meet these
answering and transfer standards no less than 90 percent of the time,
measured quarterly.
(3)
The Cable Company shall maintain sufficient telephone capability so that
under Normal Operating Conditions, callers receive a busy signal less than
three percent of the time.
(4)
The Cable Company is not required to acquire equipment or perform surveys
to measure compliance with these telephone answering standards unless the
record of complaints indicates a clear failure to comply.
(c) Office Availability. Customer service and bill payment locations shall be open at least
during Normal Business Hours and must be conveniently located within the City.
(d) Installations, Outages, and Service Calls. Under Normal Operating Conditions, the
Cable Company shall meet each of the following standards 95 percent of the time, measured
quarterly:
(i)
Installations. The Cable Company shall complete Standard Installations
within seven business days after an order has been placed.
(2) Service problems. The Cable Company shall:
(A)
except for conditions beyond the control of the Cable Company, begin
working on Service Interruptions promptly, but no later than 24 hours
after the interruption becomes known to the Cable Company;
begin actions to correct other service problems the next business day
after notification of the service problem.
Millennium Cable Television Franchise - 3 - City of Southlake, Texas
(3)
Appointments.
(A)
When the Cable Company makes an appointment with a customer for
installation, service calls, or other installation activities, the
appointment must be for a specific time or, at maximum, within a
four-hour time block during normal business hours. (Appointments
may be scheduled outside of normal business hours for the express
convenience of the customer.)
(B)
The Cable Company may not cancel an appointment with a customer
after the close of business on the business day prior to the scheduled
appointment.
(c)
If the Cable Company representative is running late for an
appointment with a customer and will not be able to keep the
appointment as scheduled, the Cable Company shall notify the
customer and reschedule the appointment to a time that is convenient
for the customer.
(e) Communications with Subscribers.
(1) Notifications to subscribers.
(A)
The Cable Company shall provide written information on each of the
following areas at the time of installation of service, at least annually
to all subscribers, and at any time upon request:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
products and services offered;
prices and options for programming services and conditions of
subscription to programming and other services;
installation and service maintenance policies;
instructions on how to use the cable service;
channel positions of programming carried on the system; and
billing and complaint procedures, including the address and
telephone number of the city's cable office.
The Cable Company shall notify subscribers of a change in rates,
programming services, or channel positions as soon as possible
through announcements on the cable system and in writing.
(i) Notice of these changes shall be given to subscribers not less
than 30 days before the changes take effect unless the change
is not within the control of the Cable Company. In this case
the Cable Company shall give the notice as soon as the
information is received.
(ii) The Cable Company shall notify subscribers 30 days before
any significant change is made in the information required in
Paragraph (e)(1)(A).
(2)
Billing.
(A) The Cable Company shall prepare subscriber bills:
(i) so that they are clear, concise, and understandable; and
Millennium Cable Television Franchise - 4 - City of Southlake, Texas
(ii) with charges fi~lly itemized, including, but not limited to, basic
and premium service charges and equipment charges.
O3)
In case of a billing dispute, the Cable Company must respond to a
written complaint from a subscriber within 30 days.
(3)
Refunds. The Cable Company shall issue refund checks promptly, but no
later than either:
(A)
the subscriber's next billing cycle following resolution of the request
or 30 days, whichever is earlier, or
O3)
the return of the equipment supplied by the Cable Company if service
is terminated.
(4)
Credits. The Cable Company shall issue credits for service no latter than the
subscriber's next billing cycle following the determination that a credit is
warranted.
SECTION 8. Franchise Enforcement.
(a) Subscriber complaints. All complaints regarding Cable Company's service shall
initially be directed to the Cable Company and shall be resolved within 48 hours when practical.
Upon request, the Cable Company shall supply the City with copies of all complaints received,
indicating the disposition of each complaint. The report shall indicate the day and hour on which it
was received and resolved. When a complaint is received on the day preceding a holiday or a
weekend, it shall be serviced on the next working day. This section shall be subject to applicable
subscriber privacy provisions.
(b) Resolution of complaints. The City shall notify the Cable Company of each
complaint reported to the City. Cable Company shall have the duty of taking whatever reasonable
steps are necessary to remedy the cause of the complaint and notify the City of its resolution. The
City shall record complaints forwarded to the Cable Company and the Cable Company must
document the response to recorded complaints.
(c) Notice to customers of complaint procedures. The Cable Company shall notify all
customers about complaint procedures, rules and regulations, in compliance with applicable FCC
regulations and whenever there is a change in the procedure.
(d) Violations. Failure to remedy the cause of a valid complaint shall be considered a
violation of this franchise and City and Cable Company agree that non-compliance with customer
service standards will harm subscribers and the City and that the extent of harm will be difficult or
impossible to measure. The City may, therefore, upon final determination ora violation, collect from
Cable Company the following amounts adjusted annually by the percentage increase or decrease of
the Consumer Price Index, as liquidated damages:
(1)
Failure to comply with the customer service provisions identified within this
franchise or applicable customer service provisions under state or federal law-
each incident $75.00. Each day a violation continues constitutes a separate
incident.
Millennium Cable Television Franchise - 5 - City of Southlake, Texas
(2)
Failure to comply with general conditions of use and construction and
maintenance standards as identified in Sections 9 and 10 of this franchise -
$75.00 per day until corrected.
(3)
Failure to comply with any other applicable provision of this franchise -
$50.00 per day until corrected.
(e) Percentage compliance standards. The City may also assess liquidated damages if
the Cable Company fails to meet the percentage compliance standards of Section 7 as measured
quarterly. Liquidated damages for failure to meet a quarterly standard are as follows:
First Second
Non-compliance Non-compliance
Third and subsequent
Non-compliance
$0 $500 $1000
(f) Collection of damages. The City may collect liquidated damages from the bond
furnished under Section 18 of this franchise.
(g) Procedures.
(l)
Notice of violation; failure to respond; civil penalty. If the Cable
Company violates this ordinance, before the City considers imposition of
liquidated damages, the City Manager shall send written notice by certified
mail, return receipt requested, to the Cable Company, specifying the facts
supporting the city's claim of violation. If the Cable Company fails to respond
to the notice in writing within 15 days of receiving the notice, the city council
may, upon proper posting on the city council's agenda, impose a civil penalty
against the Cable Company of $100 per day for each day after the 15th day
that the Cable Company fails to provide its written response to the city's
notice.
(2)
Response. If, in its response, the Cable Company acknowledges the violation
alleged by the city, the Cable Company shall have 30 days from the receipt of
notice to correct the violation. If, in its response, the Cable Company
disputes the city's allegation of violation, the city council shall set a time for
a public hearing on the matter and send the Cable Company written notice of
the hearing, by certified mail, return receipt requested.
(3)
Public hearing; decision; appeal. The hearing must occur at least 10 days
after receipt of the notice by the Cable Company. At the public hearing, the
City and the Cable Company may present relevant evidence concerning the
alleged violation. If the city council determines that a violation has occurred,
the city council shall issue an order prescribing how the violation is to be
corrected and imposing liquidated damages, if warranted. The Cable
Company has 30 days from receipt of the order to comply or begin
compliance with the order or appeal the order to the Federal Communications
Commission.
Mdllennium Cable Television Franchise - 6 - City of Southlake, Texas
(4)
City council order. The city council may, by its order, assess liquidated
damages in accordance with this Section 8, require refunds to subscribers if
determined appropriate, require the Cable Company to install monitoring
equipment or conduct surveys to measure compliance with telephone response
and service standards, and order specific actions by the Cable Company to
correct violations of this ordinance.
SECTION 9. Liability and Indemnification.
(a) Indemnity. The Cable Company shall indemnify, defend, and hold harmless, the City
and its officers, agents, and employees against all claims, damages, and penalties during the term of
this franchise that result from Cable Company's negligence in installation, operation, or maintenance
of its Cable Television System These claims, damages, and penalties include, but are not limited to,
those arising out of personal injury (including death), property damage, copyright infringement,
defamation, anti-trust, errors and omissions, theft, fire, and all other damages arising out of the Cable
Company's negligence in the exercise of this franchise, whether or not the act or omission complained
of is authorized, allowed, or prohibited by this franchise. The Cable Company is not required to
indemnify the City for the negligence or misconduct on the part of the City or its officers, agents, or
employees.
(b) Defense. The Cable Company shall defend the City in all claims made against the City
or its officers, agents, or employees in connection with the installation, operation, or maintenance
of the Cable Television System, and upon resolution of the claim, if there is no finding by a court that
the City or its officers, agents, or employees were negligent, the Cable Company shall hold the City
harmless and indemnify the City for any damage, loss, expense, or liability resulting from the claim,
including all attorneys' fees, costs and penalties incurred. If the City or its officers, agents, or
employees are found negligent by a court with jurisdiction, in connection with work performed by
the City, on or adjacent to the Cable Television System, the City will reimburse the Cable company
for the cost of the City's defense.
(c) Notice of claims. The City shall notify the Cable Company within 15 days after the
receipt of a claim or demand, by suit or otherwise, made against the City and involving the Cable
Television System.
(d) Insurance. The Cable Company additionally agrees as follows:
O)
Worker's Compensation. Cable Company shall carry Worker's
Compensation insurance, with statutory limits, and Employer's Liability
insurance with limits of not less than $100,000, which shall cover all
operations to be performed by Cable Company as a result of this Ordinance.
(2)
Comprehensive General Liability. Cable Company shall carry
Comprehensive General Liability and Comprehensive Automobile Liability
insurance with bodily injury limits of not less than $1,000,000 per occurrence,
and property damage limits of not less than $1,000,000 per occurrence.
(3)
Certificates of Insurance. Cable Company shall furnish City with certificates
of insurance of these insurance policies, which shall provide that insurance
shall not be canceled unless 30 days' prior written notice shall first be given to
City.
Millennium Cable Television Franchise - 7 - City of Southlake, Texa~
(4)
Independent Contractor. It is agreed that the Cable Company is an
independent contractor and in no event shall Cable Company's employees be
deemed to be employees of the City.
SECTION 10. General Conditions of Use
(a) Placement of Poles and Equipment.
(0
Materials and location. All poles placed shall be of sound material and
reasonably straight, and shall be set so that they will not interfere with the
flow of water in any gutter or drain and will not unduly interfere with ordinary
travel on the streets or sidewalks. The location and route of all poles, stubs,
guys, anchors, conduits, fiber and cables placed and constructed by the Cable
Company in the construction and maintenance of its Cable Television System
in the City shall be subject to the lawful, reasonable, and proper control and
direction of the City.
(2)
Use of other facilities. The Cable Company may enter into contracts for use
of facilities in the right-of-way, with other franchised companies and owners
of poles as necessary for installation of the System, obtain right-of-way
permits from appropriate state, county, and federal agencies necessary to
cross highways or roads under their jurisdictions, and apply for whatever
other permits a city, county, state, or federal agency may require.
(b) Requirement of Relocation. The City reserves the right to require the Cable
Company, at Cable Company's expense, to relocate its facilities to permit the widening, change of
grade, or straightening of streets by giving to the Cable Company 30 days' notice and specifying the
new location for the facilities along the fight-of-way of the street or streets.
(c) Underground Placement. Any work done in connection with the Cable Company's
use of the rights-of-way shall be subject to the police power and direction of the City. The Cable
Company may be required to place certain facilities underground according to reasonable
requirements that may be adopted from time to time by the City Council; provided, however, Cable
Company shall be given due notice and shall be entitled to a heating before the City Council prior to
the adoption of any such requirements.
(d) Non-interference. All transmission and distribution structures, lines, equipment, and
facilities erected or maintained by Cable Company within the City shall be so located as to cause
minimum interference with the intended use of streets, highways, alleys, bridges and other public ways
and places, and to cause minimum interference with the rights or reasonable convenience of owners
of property adjoining any of the streets, highways, alleys, bridges or other public ways.
(e) Use of Facilities by Other Entities.
(l)
Lease to others. The Cable Company is not authorized to license or lease to
any person or entity the fight to occupy or use the City's rights-of-way for the
conduct of any private business unless the person or entity holds a franchise
or other permission from the City authorizing the activity.
Milleratium Cable Television Franchise - 8 - City of Southlake, Tera-
(2)
Shared facilities. The Cable Company may be required to attach its
transmission media to facilities owned and maintained by any person or entity
franchised by the City or to permit the transmission media of any person or
entity franchised by the City to be attached to the facilities owned and
maintained by the Cable Company upon reasonable, non-discriminatory terms.
(3)
Insurance. The Cable Company may require any person or entity to furnish
evidence of adequate insurance covering the Cable Company and adequate
bonds covering the performance of the person or entity attaching to the Cable
Company's facilities as a condition precedent to granting permission to attach
transmission media to Cable Company's facilities; provided, Cable Company's
requirements for such insurance are reasonable, as determined by the City.
(4)
Showing of increased risk. The Cable Company shall not be required to
attach its transmission media to the facilities of any other person or entity or
to permit the transmission media of any other person or entity to be attached
to Cable Company's facilities if it can be shown satisfactorily to the City that
the Cable Company will be subjected to increased risks of interruption of
service or to increased liability for accidents, or if the facilities of the other
person or entity are not of the character, design, and construction required by,
or are not being maintained in accordance with industry standards or practice.
(f) Transmission Media. The Cable Company shall use a fiber optics trunking system
to reduce amplifier cascades within the System. Transmission media shall be so located on or in the
facilities as to be safe and not to interfere unnecessarily with the use of the rights-of-way by others,
including other persons or entities authorized to use the facilities.
(g) City and School District Installations. The Cable Company shall provide upon
written request from the City, at no cost to the City or the School District:
(l)
a single Standard Installation to any municipal buildings owned or leased and
operated by the City and to any public elementary, secondary, and high school
building in the Carroll Independent School District; and
(2) basic cable service to these outlets.
Additional wiring, equipment, or services shall be borne by the entity requesting the additions.
(h) Experiments. To the extent technically feasible, the Cable Company shall include the
City in any engineering experiments to further advance current technology.
(i) Access Channels. The Cable Company shall provide, at no cost to the City or School
District, one non-commercial governmental access channel to be programmed by the Cable Company
at the City's direction, from text provided by the City, and one educational access channel to used
by the Carroll Independent School District. The Cable Company will deliver a taped copy of the text
to the City for proofing prior to broadcasting. The Cable Company shall also provide a character
generator, portable camcorder, and VCR for use on the governmental channel, which will be located
convenient to City offices at Cable Company's Northeast Tm-rant County Office. The Cable Company
will provide a telephone number that is monitored after normal operating hours that will enable the
Millennium Cable Television Franchise - 9 - City of Southlake, Texas
City to contact the Cable Company in the event of a disaster, so that information about the disaster
can be immediately broadcasted on the governmental channel.
(j) Emergency Access Path. The Cable Company shall provide upon request of the City,
an emergency access transmission path to its cable system, for use by the City in times of crisis. This
emergency interruption shall be capable of introducing a bulletin on all channels simultaneously. The
emergency access system shall comply with FCC regulations.
(k) City 1-Net. To the extent technically feasible, the Cable Company shall, upon request
from the City, and at City expense, install an I-Net connecting locations within the City as specified
by the City.
(I) Use of Cable Company Facilities. The City shall have the fight to install and
maintain, free of charge to the City, upon the poles and within the underground pipes and conduits
of the Cable Company, any wires and fixtures designated by the City to the extent that the installation
and maintenance do not interfere with existing and future operations of the Cable Company. The City
shall indemnify and bold the Cable Company, its officers, directors, shareholders, employees, and
agents harmless from and against all claims, losses, damages, cost, and expenses (including but not
limited to reasonable attorneys' fees) related to the City's negligence in the installation, operation,
and maimenance of the wires and fixtures.
(m) Programming. The Cable Company shall, at a minimum, provide the following
categories of programming:
Local broadcasting channels
Sports programming
Music programming
Children's programming
National news
Educational programming
Religious programming
(n) System Testing. The Cable Company shall conduct technical performance tests as
required by the FCC and shall provide the City copies of tests results within 14 calendar days of a
written request from the City.
SECTION 11.
Construction, Maintenance, and Excavation.
(a) Removal of Dangerous Facilities. The City shall have the power at any time to order
and require the Cable Company to remove any of its facilities that are dangerous to life or property,
and in case the Cable Company, after reasonable notice to the Cable Company's designated
representative, fails or refuses to act, then the City, at the direction of the Director of Public Works,
shall have the power to remove or abate the dangerous conditions at the expense of the Cable
Company, all without compensation or liability for damages to the Cable Company.
(b)
Milleimium Cable Television Franchise
Excavation and Restoration.
(1) Except in an emergency, the Cable Company shall not excavate any right-of-
way or cut the surface or a paved street without first notifying the Director of
- 10 - city of Southlake, Texa~
Public Works, and, if approval is required it shall be given if the proposed
excavation is in compliance with the requirements of federal, state, and City,
laws, roles and regulations. Engineering plans for projects involving
significant amounts of new buried cable and underground conduit systems to
be placed in rights-of-way shall be submitted to the Director of Public Works
for review and approval prior to construction. The Director of Public Works
or the Director's designee shall be notified as soon as practicable regarding
work performed under emergency conditions.
(2)
Cable Company shall promptly restore to as good condition as before the
commencement of work as determined by the Director of Public Works, all
rights-of-way damaged or excavated by the Cable Company. If the City
reasonably determines within one year from the date of the restoration, that
the right-of-way requires additional restoration work to place it in as good a
condition as before the commencement of the work, the Cable Company shall
perform the additional work to the reasonable satisfaction of the Director of
Public Works. The Cable Company shall not obstruct a right-of-way for a
longer period than reasonably necessary to execute all work.
(c) Protection of the Public. When Cable Company makes or cause to be made
excavations or places obstructions in any street, alley, or other public place, the public shall be
protected by barriers, lights and signs, which shall be placed, erected, and maintained by Cable
Company. All construction and maintenance signs and barricades at work sites shall be consistent
with the standards and provisions of the Texas Manual on Uniform Traffic Control Devices.
(d) Placement of Fixtures. The Cable Company shall not place poles or other
facilities where they will interfere with any properly located gas, electric or telephone fixture, water
hydrant or main, and all such poles or other facilities 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 the alley, and then in such manner as not to interfere with the usual traffic
on the streets, alleys and public ways
(e) Trimming Trees. The Cable Company shall have the authority to trim trees upon
and overhanging streets, alleys, sidewalks and public places of the City to prevent the branches of
such trees from coming in contact with the wires and cables of the Cable Company. When directed
by the City, Cable Company shall perform tree trimming under the supervision and direction of a
designated representative of the City.
(fl Extension of Service. The Cable Company shall extend its cable facilities and
service to new subscribers, at the normal installation charge and monthly rate for customers of that
classification, under the following conditions:
O)
Where the new subscriber, or nearest subscriber ora group of new subscribers
is located within 500 feet of existing trunk cable; and
(2)
The number of homes to be passed by the new extension cable plant exceeds
30 homes per one mile of the new extension cable plant.
Millenmum Cable Television Franchise - 11 - City of Soutklake', Texas
If the conditions listed in (1) and (2) do not exist, the installation cost per subscriber shall be
determined as described in Exhibit A attached to this franchise.
(g) Approval of Changes in Rates. The City reserves the right to regulate rates for basic
service and any other services offered over the cable system, to the extent permitted by federal or
state law. Cable Company shall maintain on file with the City at all times a current schedule of all
rates and charges. To the extent applicable and required, the City shall comply with the rules relating
to cable rate regulation promulgated by the FCC in 47 C.F.R., part 76.900, Subpart N, or such other
applicable laws, rules or regulations with respect to the regulation of the rates charged by Cable
Company
SECTION 12. Work by City and Others in the Right-of-Way.
(a) Other Right-of-Way Construction. The City reserves the right to lay, and permit
to be laid, sewer, gas, water, and other pipe lines or cables and conduits, including
telecommunications and cable television lines, and to do and permit to be done any underground and
overhead work that may be deemed necessary or proper by the City, in, across, along, over, or under
any right-of-way or public place occupied by the Cable Company, and to change any curb or sidewalk
or the grade of any street. In performing or permitting such work to be done, the City shall not be
liable to the Cable Company for any damages related to the work, nor shall the City be liable to the
Cable Company for any damages not proximately caused by the City's sole negligence; provided
nothing herein shall relieve any other person or corporation from liability for damage to facilities of
the Cable Company.
(b) Rights-of-Way Grants to Others. If the City authorizes abutting landowners to
occupy space under the surface of any street, alley, highway, or public place, the grant to an abutting
landowner shall be subject to the rights of the Cable Company granted in this ordinance. If the City
plans to close or abandon any right-of-way which contains any existing Cable Company facilities, City
shall, if requested by Cable Company, (1) reserve a continuing right for the Cable Company's
facilities, (2) give notice of the date the City of Southlake City Council is to consider the closure or
abandonment, and (3) make any subsequent conveyance of land involved in the closure or
abandonment subject to the specific right of continued occupancy by Cable Company.
(c) Temporary Removal of Wire for Building Moving. The Cable 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 Cable Company shall have
the authority to require such payment in advance. The Cable Company shall be given not less than
five business days' advance notice to arrange for such temporary wire changes.
SECTION 13. Compliance with Standards. All facilities and equipment of Cable
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 establishee by
the City and any other local, state, or federal agencies.
SECTION 14. Cable Company Rules and Regulations. The Cable 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 Cable Company to exercise its rights and
perform its obligations under this Franchise, and to assure uninterrupted service to each and all of its
Millennium Cable Television Franchise - 12 - City of 8outhlak¢, Tex~
customers. However, such rules, regulations, terms and conditions shall not be in conflict with the
provisions hereof or of federal and state laws.
SECTION 15. Approval of Transfer. The Cable 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 transferee,
assignee, or lessee has filed with the City an instrument in a form approved by the City, duly
executed, reciting the fact of the sale, assignment, or lease, accepting the terms of this franchise and
agreeing to perform all conditions of this ordinance. In no event shall a company or successor be
allowed to transfer the System within less than 36 months after acquisition by that company or
successor.
SECTION 16. Compliance with FCC Rules and Regulations. The Cable Company shall,
at all times, comply with the rules and regulations governing cable television operations promulgated
by the Federal Communications Commission ("FCC"), including, but limited to, adherence by the
Cable Company to FCC rules regarding technical and engineering specifications involved in the
construction of the System and signal carriage.
SECTION 17. Communications with Regulatory Agencies. Copies of all petitions,
applications, communications and reports submitted by Cable Company on behalf of or relating to
Cable Company to the FCC, Securities & Exchange Commission, or any other federal or state
regulatory commission or agency having jurisdiction in respect to any matters affecting the System
authorized pursuant to this franchise shall be made available to the City upon request. Cable
Company shall provide City with a list of all above-referenced communications within 60 days of the
date of adoption of this franchise to be updated, as necessary throughout the term of this franchise.
The City shall have the right to request copies of any and all communications referenced above, as
well as responses from such regulatory agencies. Cable Company shall provide copies within 14 days
from the date of request.
SECTION 18. Performance Bond. At the time the franchise is accepted, Cable Company
shall furnish and file with the City a performance bond in the amount of $9,500. The performance
bond, which shall be issued by a company authorized to do business in the State of Texas, is
conditioned upon the faithful performance of Cable Company of all the terms and conditions of this
franchise. The rights reserved to the City with respect to the performance bond are in addition to all
other rights the City may have under the franchise or any other law.
SECTION 19. City's Right to Revoke. In addition to all other rights which the City has
pursuant to law or equity, the City reserves the right to revoke, terminate or cancel this franchise, and
all rights and privileges pertaining thereto after affording Cable Company due process.
SECTION 20. Foreclosure. Upon the foreclosure or any other judicial sale of the
Television Cable System, Cable Company shall notify the City of the foreclosure or sale and the
notification shall be treated as a notification that a change in control of the Cable Company has taken
place, and the provisions of this franchise governing the consent to transfer or change in ownership
shall apply without regard to how the transfer or change of ownership occurred.
SECTION 21. Receivership. The City shall have the right to cancel this franchise subject
to any applicable provision of state law, including the Bankruptcy Act, 120 days after the appointment
of a receiver or trustee to take over and conduct the business of the Cable Company, whether in
Millennium Cable Television Franchise - 13 - City of Southlake, Texas
receivership, reorganization, bankruptcy or other action or proceeding, unless the receivership or
trusteeship is vacated prior to the expiration of the 120 days.
SECTION 22. Removal of System. In the event the Cable Company abandons the System,
the Cable Company shall remove all visible cable plant from City right-of-ways at Cable Company's
expense Prior to removal, the City shall have an option to purchase the System at its fair market
value
SECTION 23. Notices. Notices, reports, or demands required to be given under this
franchise shall be deemed to be given when delivered in writing, personally to the person designated
below, or when five days have elapsed at, er it is deposited in the United States Mail with registered
or certified mail postage prepaid to the person designated below, or on the next business day if sent
by Express Mail or overnight air courier addressed to the person designated below:
If to City:
City Manager
City of Southlake
1725 Southlake Blvd.
Southlake, TX 76092
If to Cable Company:
Millennium Telcom, L.L.C.
101 East Main Street
Denison, TX 75020
Attn.: President
SECTION 24. Incorporation of Other Law. 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 that the City shall have the option to implement the regulations
so authorized.
SECTION 25. Non-enforcement by City. Subject to applicable federal, state and local
laws, Cable Company shall not be released of its obligation to comply with any of the provisions of
this franchise for reason of any failure of the City to enforce prompt compliance.
SECTION 26. Not Franchise Fees. The Cable Company agrees that the payments,
contributions, services, equipment or other activities to be performed by the Cable Company as
described in Section 10, shall not be considered as franchise fees payable to the City.
SECTION 27. Severability. If any section, subsection, sentence, clause, phrase or portion
of this ordinance, except Section 4, 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 of the ordinance.
SECTION 28. Publication. The City Secretary is directed to publish this proposed
ordinance or its caption and penalty together with a notice setting out the time and place for a public
hearing at least 10 days before the second reading of this ordinance, and if this ordinance provides
for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the
City Secretary shall additionally publish this ordinance or its caption and penalty, in the official City
Millennium Cable Television Franckise - 14 - City of Southlake, Texaa
newspaper one time within 10 days after final passage of this ordinance, as required by Section 3.13
of the Charter of the City of Southlake.
SECTION 29. Acceptance and Effective Date. The CRy Secreta~ shall deliver a properly
certified copy of this franchise ordinance to the Cable Company within three working days of its final
passage. Cable Company shall have 30 days to file its written acceptance. This ordinance shall
become effective upon delivery of the executed acceptance to the City Secreta~.
~[jA)ASSED AND APPROVED ON FIRST CONSIDERATION ON THIS ~:~ DAY OF
, 1998.
-~ c ~ MAYOR
CtITY SECRETARY
PASSED AND APPROVED ON SECOND CONSIDERATION ON THIS ~ DAY
1998.
~'"~o ?..T.~ L ,L"~
· -
,,.. .............. ·
ATTEST:
APPROVED AS TO FORM AND LEGALITY:
City Attorney ~
Millennium Cable Television Franchise - 15 - City of Southlake, Texas
// ACCEPTANCE
WHEREAS, on the (p day of 064,6 , 1998, a city council of the City of
Southlake, Texas, adopted on final consideration, Ordinance No. 7/Y , entitled:
AN ORDINANCE GRANTING A FRANCHISE TO MILLIHNNIUM
TELCOM,L.L.C. TO CONSTRUCT,INSTALL,OPERATE,AND
MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF
SOUTHLAKE; PROVIDING CONDITIONS; PROVIDING FOR
ACCEPTANCE; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE,
Millennium Telcom, L.L.C., accepts and agrees to the provisions of Ordinance No. 7/4,
which constitutes a binding contractual obligation of Millennium Telcom, L.L.C.., and Cable
Company files this its written acceptance with the City Secretary of the City of Southlake, Texas.
Dated this 9 8 day of �EC'c►'v'r3e2, 1998.
MILLENNIUM TELCOM, L.L.C.
By:
Tow. L 1-04 SO)`-‘
(Name Printed)
Its: • P N
Acceptana filed in the Office of the City Secretary of the City of Southlake,Texas,this 3i
day of a lift dtip , 1998.
if,ekt,,,A.,
_City Secretary
• .o
�� i c
401011100
\southlakelcable\millennium(10/15/98)
Millennium Cable Television Franchise -16- City of Southlake,Texas
Star-Telegram FED. I.D. NO. 22-3148254 AD ORDER NO. 13955678
•
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. CI T 5 7
THE STATE OF TEXAS
)unty of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared TAMMIE BRYANT Billing Specialist for the
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 ORDER NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT
10/24ME 13955678 ORDINANCE NO . 71 I358 1x 23L 23 QUOTE 18 . 63
ORDINANCE NO.714 10/24-10/24
AN ORDINANCE GRANTING A -
FRANCHISE TO MILLENNIUM
TELCOM, L.L.C. TO CON•
ATE,U CAIJD(MAINTAIN OAPCA-
BLE TELEVISION SYSTEM IN ----
THE CITY OF SOUTHLAKE;
PROVIDING CONDITIONS;
PROVIDING FOR ACCEP-
TANCE AND PROVIDING AN -- ---- --- -- ----- - -- - - --- -
EFFECTIVE DATE.
PASSED AND APPROVED ON
THE 20th DAY OF OCTOBER,
1998, DURING THE REGU-
LAR CITY COUNCIL MEET-
ING.
MAYOR RICK STACY
ATTEST:SANDRA L.
LEGRAND CITY SECRETARY
APPROVED AS TO FORM:
E.ALLEN TAYLOR JR.,
CITY ATTORNEY
SIGNED
SUBSCRIBED AND SWORN TO BEFORE ME, THIS THE 26th DAY OF
��T , RHONDA R. GOKE Notary Public 1I \A. —IQ L
, 1 CONIMISS;ON EXPIRES #
+, + SEPTEMBER 8, 1999 $7 TARRANT COUNTY,TEXAS
PLEASE PAY THIS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
y A.-----TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT----A
StarhI'e1egrai1ui
REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102
13955678 ACCOUNT C I T 5 7 AMOUNT 18 . 63
NUMBER DUE
PAGE1 Olt IF ANY QUESTIONS, PLEASE CALL(817)390-7885
.
NU 1 3 996 ;
_.__::
c;—�
CITY OF SOUTHLAKE �.,,,
667 N CARROLL AVE PtE PAY
SOUTHLAKE, TX 76092-9595 THIS AMOUNT► 18 . 63
PLEASE WRITE IN AMOUNT ENCLOSED
Star-Telegram FED. ID- NO. 22-3148254 AD ORDER NO. 13867804
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 57
T' 'E STATE OF TEXAS
unty of Tarrant
Before me, a Notary Public in and for said County and State, this day
Tammie Bryant
personally appeared Billing Specialist for the
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 ORDER NO. DESCRIPTION TOTAL AD SIZE INCH/LINE RATE AMOUNT
10/09ME , 13867804 NOTICE OF PUBLIC I358 1x 32L 32 . 81 25 . 92
NOTICE OF PUBLIC 110/09-10/09 .
HEARING
Notice is hereby given to all in-
terested persons that the
City Council of the City of
Southlake, will be holding a
public hearing during the
Regular City Council meeting
to be held on October 20,
1998, at 6:00 p.m., in the
City Council Chambers of
City Hall 667 North Carroll
Avenue,Southlake,Texas.
Purpose of the hearing is to
consider the second reading
of the following ordinance.
ORDINANCE NO.714
AN ORDINANCE GRANTING A
LIMITED FRANCHISE TO MIL-
LENNIUM TELCOM L.L.C.
TO CONSTRUCT, INSTALL,
OPERATE AND MAINTAIN A ,
CABLE TELEVISION SYSTEM
IN CERTAIN PORTIONS OF
HE CITY OF SOUTHLAKE; a I y,�_ C,
ROVIDING CONDITIONS; SI EUI .Y*` z�s_
ROVIDING FOR ACCEP- - -- --- - --- -
AFEC AND PROVIDING AN 12th OCTOBER 1998
EFFECTIVE GATE.
9andre retaryand S Q � T BEFORE ME, THIS THE DAY OF , -SlCity Secretary
City of Southlake ..-4
I,Fy�P��1 r
1 4 .; ' '-'1, RHONDA R. GOKE 0 .
s?, :ter,
;,, `�;•s Notary Public
;, �� ;„ COMMISSION EXPIRES
sc ' SEPTEMBER 8, 1999
h�f' - + TARRANT COUNTY,TEXAS
PLEASE PAY THIS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
A.-----TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT----A
t \
StarTe1egraimn REMIT TO: 400 W.SEVENTH ST. •FORT 1NOR1"H,TEXAS 76102
ACCOUNT AMOUNT
13867804 NUMBER CIT57 DUE592
PAGEI CI IF ANY QUESTIONS, PLEA,Stt CA40817)390-
0 -J
n
CITY OF SOUTHLAKE
667 N CARROLL AVE PLEASE PAY
THIS AMOUNT I' 25 . 92
SOUTHLAKE , TX 76092-9595
PLEASE WRITE IN AMOUNT ENCLOSED