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HomeMy WebLinkAbout576 07-10-1979ORDINANCE NO. 576 AN ORDINANCE GRANTING A FRANCHISE TO TARRANT CABLE COMMUNICATION, INC., FOR THE ESTABLISH- MENT AND OPERATION OF A COMMUNITY ANTENNA TELE- VISION SYSTEM WITHIN THE CORPORATE LIMITS OF THE CITY OF EULESS, TEXAS; PROVIDING THE TERMS AND CONDITIONS-THEREOF; PROVIDING AN EFFECTIVE DATE AND TERMINATION DATE; AND PROVIDING A SEVERABILITY CLAUSE. WHEREAS, the Euless City'Council did adopt Ordinance No. 566, establishing authority for the grant of franchises for the con- struction, maintenance and operation of a community antenna tele- vision system within the corporate limits of the City of Euless, Texas; and WHEREAS, pursuant to such Ordinance, the Euless City Council did advertise for bids for the grant of such franchise and did, subsequently hold public hearings with respect to the proposals of such prospective franchisees; and WHEREAS, after review of such applications and the informa- tion provided at such public hearings, the City Council of the City of Euless, Texas, is desirous of granting a community antenna television system franchise to Tarrant Cable Communications, Inc., upon the following terms and conditions: NOW, THEREFORE, BE IT ORDAINED BY.THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: I. FRANCHISE GRANT. Subject to the provisions of Euless' CATV Ordinance, there is, herewith and hereby, granted to Tarrant Cable Communications, Inc, the right, privilege and franchise to erect, con- struct, operate and maintain in, along, across, above, over and under the streets, alleys, public ways and public places now laid out or dedicated and all such extentions and additions thereto within the corporate limits of the City of Euless, Tarrant County, Texas, and poles, wires, cables underground, conduits, manholes and other tele- vision conductors and fixtures necessary for the establishment, main- tenance and operation of a CATV system for the interception, sale, transmission and distribution of television programs and other audio- visual electrical signals and the right to transmit the same to the inhabitants of the City of Euless, Texas, upon the terms and condi- tions hereinafter set forth. The City of Euless, Texas, expressly reserves the right to grant a similar use of said streets, alleys, public ways and places to any person at any time. It is further the intention of this Ordinance to limit the activity of the Franchisee hereunder solely to the operation of a community antenna television system within the corporate limits of the City of Euless, Texas. II. INCORPORATION HEREIN OF ORDINANCE NO. 566 AND THE APPLICATION FOR FRANCHISE OF TARRANT CABLE COMMUNICATIONS, INC. The City of Euless, Texas, Ordinance No. 566 and the application for a cable television franchise to the City of Euless, Texas, of Tarrant Cable Communica- tions, Inc., are incorporated herein by reference as though now set forth in full and are made a part hereof for all purposes. Or- dinance No. 566 is herein referred to as "Euless' CATV Ordinance" and the application for a cable television franchise to the City of Euless, Texas, by Tarrant Cable Communications, Inc., is herein referred to as "Franchisee's Application." III. DURATION OF FRANCHISE. Unless sooner terminated as provided for in the Euless CATV Ordinance, the franchise herein granted shall be for a period of fifteen (15) years from date of execution of Franchisee's Certificate of Acceptance. IV. FRANCHISEE'S RIGHTS, SUBJECT TO POLICE POWERS OF THE CITY. In the grant of this franchise and the acceptance thereof, Franchisee acknowledges that it's rights are subject to the police powers of the City of Euless, Texas, to adopt and enforce general ordinances necessary to the safety and welfare of the public and Franchisee agrees to comply with all applicable ordinances now existing or as hereinafter enacted by the City of Euless, Texas, pursuant to such powers. W FRANCHISE AREA AND INITIAL SERVICE AREA. The map attached to and included within the "Appendix" of Franchisee's Application, here- inafter referred to as "such map" is and shall be deemed the map provided for and required by Section 17 -29 of Euless' CATV Ordinance. The area included within the heavy black lines contained on such map constitute the existing municipal boundaries of the City of Euless, Texas, as same exists at time of this franchise grant and shall be the "franchise area" as that term is used within Section 17 -29 of Euless'CATV Ordinance. No areas of the City, therefore, will be ineligible for service under the franchise. The initial service area for commencement of operation within the provisions of Section 17 -53 of Euless' CATV Ordinance shall be that area shown on such map and denoted by angular lines. It is this latter, initial service area, which shall be deemed to be the "franchise area" for purposes of the first two (2) sentences of such Section 17 -53 of Euless' CATV Ordinance, which shall be served upon com- mencement of operations. However, the term "franchise area" as -2- t used in the balance of Section 17 -53 for purposes of extending CATV service following commencement of operations shall be deemed to be the entire "franchise area" of Franchisee, to -wit: the City of Euless, Texas. VI. CONSTRUCTION TIMETABLES, ESTABLISHMENT OF SECURITY FUND AND EXECUTION OF CERTIFICATE OF ACCEPTANCE. Franchisee shall commence construction within thirty 30 days of its execution of the Certi- ficate of Acceptance of this franchise and shall complete all neces- sary construction and installation for commencement of operation within the initial service area, same being that area denoted by angular lines on the map contained in the Appendix to Franchisee's Application, as above noted, within eighteen (18) months from date of execution of such Certificate of Acceptance. For purposes of establishment of a security fund provided by Section 17 -54 of Euless CATV Ordinance, the date of issuance of the franchise shall be deemed to be the date of execution of the Cer- tificate of Acceptance by the Franchisee. Franchisee shall execute and deliver to the City Secretary of the City of Euless, Texas, a Certificate of Acceptance accepting such franchise in accordance with the terms of this Ordinance, Euless' CATV Ordinance and its application on or before September 25, 1979. VII. PERFORMANCE BOND. The amount of Franchisee's performance bond, as provided for in Section 17 -52 of the Euless CATV Ordinance, is and shall be the sum of Three and One -Half Million Dollars ($3,500,000.00). VIII. INSURANCE AND INDEMNIFICATION. Franchisee expressly understand and agrees that by execution of the Certificate of Acceptance it agrees to save the City and its agents and employees harmless from and against all claims, damages, losses, and expenses, including attorneys fees sustained by the City on account of any suit, judgment, execution, claim or demand whatsoever_ arising out of, but not limit- ed to, copyright infringements and other damages arising out of the grant of the franchise, the installation, operation or maintenance of the CATV system authorized herein and the franchise agreement, whether or not any act or ommission complained of is authorized, -3- i allowed or prohibited by this ordinance and any franchise granted hereunder. The insurance protection required to be provided the City -of Euless, Texas, pursuant to Section 17 -69 of the Euless CATV Ordinance shall be in an amount no less than the following: Personal Injury Coverage: $250,000.00 per person $500,000.00 per occurrence Property Damage: $500,000.OG per occurrence IX. RATES, DEPOSITS AND FEES. Until changed in accordance with the provisions of Euless-T CATV Ordinance the rates, deposits and fees authorized for the service furnished by*Franchisee shall be only those stated and set forth in Franchisee's Application. EM This Ordinance shall be in full force and effect from and after its passage and publication as provided by the Euless City Charter and the laws of the State of Texas. The franchise granted herein shall become effective upon the execution of the Certificate of Acceptanc-. by the Franchisee, and shall, subject to the limitations contained herein and in Euless' CATV Ordinance, continue in force and effect for a period of fifteen (15) years from such date. XI. SEVERABILITY CLAUSE. That is is hereby declared to be the intention of the City Council that the sections, paragraphs, sen- tences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. PRESENTED AND GIVEN FIRST READING at a regular meeting of the Euless City Council on the 26th day of June, 1979; by a vote of 4 ayes, 0 nays and 0 abstentions; GIVEN SECOND READING, PASSED AND APPROVED at a regular meeting of the Euless City Council on -4- the 10th day of July, 1979; by a vote of 4 ayes, 0 nays and 1 ab- stention. ATTEST: Della Houy, City Secretar APPROVED AS 0 FORM: Robert McF rland, City Attorney APPROVED: Harold Samuels, Mayor -5-