HomeMy WebLinkAbout1980 Ordinance No. 004•
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ORDINANCE NO . 4
SERIES OF 1 9 a-o--
BY AUTHORITY
COUNCIL BILL NO. 5
INTRODUCED BY
FITZPATRICK .
AN ORDINAN CE REPE ALING AND REENACTING WITH AMENDMENTS ORDINANCE
NO . 3 3, SERIES OF 1967, GRANTING TO MOUNTAIN STATES VIDEO, INC., A
COLORADO CO RPORAT I ON, A NONEXCLUSIVE, REVOCABLE PERMIT AND LICENSE
TO OPERATE WITHIN THE CITY OF ENGLEWOOD, COLORADO, A SYSTEM FOR
RECEPTION AN D DISTRIBUTION OF PICTURES AND SOUNDS BY CABLE~ SOME-
TIMES KNOWN AS CABLE TELEVISION SYSTEM, AND PROVIDING CONDITIONS
AND REGULATIO NS RELATING THERETO.
WHEREA S, Mountain States Video, Inc., a Colorado corporation,
has made app licat i on to the City Council of the ·city of Englewood
for the iss uance to it of a nonexclusive, revocable permit and
license to i nstall, operate and maintain within the boundaries
of the City of Englewood a cable television system, as hereinafter
defined; and
WHERE AS, the City Council, after due investigation and con-
sideration, h as d e termined that the installation, operation and
maintenance o f suc h a system would serve a public interest and
that Mountain Stat es Video, Inc., a Colorado corporation, is capable,
pur suant to the provisions hereof, competent and willing to install,
ope rate and maintain the same.
NOW, THEREF ORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGL EWOOD, COLORADO, as follows:
Section 1. S hort Tit l e . T h is Ordinance shall be known and may
be c i ted a• the 1 Mountain States Video Community Antenna Television
Authority•.
Section 2. Defini t i o ns. For the purposes of this Ordinance,
the fol~ow i n9 terms, phrases, words and their derivations shall
have the meanin9 given herein. When not inconsistent with the
con tex t, word• used in the present tense include the future,
wo rd s in the plural number include the singular number, and words
in t he a inqular number include the plural number. The word "shall"
is always man datory and not me rely directory.
(1) "City" is the City of Englewood, Colorado.
(2) "Council" is the City Council of Englewood, Colorado.
(3) •cable Communication System", "Cable System", "CATV" or
"Sy s tem • a h all mean a system of coaxial cable or other electrical
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conducto~~s and equipment used or to be used to originate or receive
television or radio signals directly or indirectly off the air and
to transmit them via cable to subscribers for a fixed or variable
fee, including the origination, receipt, transmission, and distribu-
tion of voices, sound signals, pictures, visual images, digital
signals, telemetry, or any other type of closed circuit transmission
by means of electrical impulses, whether or not directed or originat-
ing signals or receiving signals off the air~
(4) •person• is any person, firm, partnership, association,
corporation, cOlllpany or organization of any kind.
(5) •Grantee• shall mean and include Mountain States Video,
all persons having any rights, powers, privileges, duties, liabili-
ties or obligations under this ordinance, and also all persons hav-
ing or claiming any title or interest in or to the system, whether
by reason of the permit itself or any subcontract, transfer, assign-
ment, mortgage, pledge, hypothecation, security agreement, management
agreement or operating agreement, or otherwise arising or created.
(6) •permit• when used in this ordinance shall mean the
Revocable Permit granted by this Ordinance and pursuant to the
Ordinances of the City of Englewood and the Charter of the City of
Englewood; and subject to all limitations and restrictions contained
therein.
(7) •Access Channels" shall mean those channels which, by the
terms of this Ordinance, are required to kept available by the
Grantee for partial or total dedication to public access, educational
access, or local government access.
(8) •public Agency• shall mean an agency which is supported
wholly, or substantially, by public funds.
(9) •subscriber" shall mean a person or organization whose
premises are physically wired to receive any transmission from the
System.
(10) •subscriber Service Drop" shall mean such extension wir-
ing from the Grantee's distribution lines to a subscriber's building.
(11) •user• denotes a person utilizing a System channel as a
producer, for the purposes of production and/or transmission of
material, or as a subscriber, for purposes of receipt of material.
Section 3. Grant of Nonexclusive Revocable Permit.
(a ) There is hereby granted by the City to Grantee a Revocable
Permit for the right and privilege to construct, erect, operate and
maintain in, upon, along, across, above, over and under the easements,
streets, alleys, public ways and public places now laid out or dedi-
cated, and all extensions thereof, and additions thereto, in the
City, wires, cables, underground conduits, manholes, and other tele-
vision conductors and fixtures necessary for the maintenance and
operation in the City of a CATV system for the interception, origina-
tion, aa J e and distribution of television, radio and other communi-
cations signals which shall be nonexclusive and revocable in accord-
ance with the Charter and Ordinances of the City, and shall be for a
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period of fifteen (15) years from the effective date of this Ordinance.
The within Ordinance shall be reviewed after each five-(5) year
period.
(b) The right to use and occupy said streets, alleys, public
ways and places for the purposes herein set forth shall not be
exclusive , and the City reserves the right to grant a similar use
or any other use of said streets, alleys, easements, public ways and
places, to any person at any time.
(c) Any permit granted hereunder shall be subject to the
right of the City:
(i) to repeal the same for misuse, nonuse, or the fail-
ure to comply with the provisions of this Ordinance, or any other
local, state or federal laws, or Federal Communications Commission
rules or regulations in force on the effecitve date of this Ordinance;
(ii) to require proper and adequate extension of service
to all residents of the City living in areas with a density of
seventy-five (75) "potential" subscribers per technical mile or
greater. (Technical mile is defined as one aerial or two underground
miles.) Construction on the CATV system shall commence within ninety
(90) days from the effective date of this permit. The grantee shall
commence and pursue a construction timetable which will make avail-
able and provide CATV service to 75t of the potential subscribers
within one year from the effective date of this permit. Thereafter,
the grantee shall continue to make orderly extension of service with
all due and reasonable diligence to other areas of the City. In any
event, Grantee shall complete within three (3) years the necessary
construction to make service available to all potential subscribers.
Grantee shall not be obligated to make service available to
those areas of the City that have less than 75 potential subscribers
per cable ile aa measured from the end of the nearest cable. Under-
ground development will proceed with all due speed and reasonable
diligence.
Grantee shall diligently pursue construction of the CATV
ystem, but if by reason of force majeure it is unable, in whole or
in part, to carry out its obligations under this Ordinance, it shall
not be deemed in default during the continuation of such inability
to perform. The term •force majeure• shall mean, without limitation,
the following: acts of God, strikes, lockouts or other industrial
disturbances, acts of public enemies, orders of any government of
the United Sta.tea or of the State of Colorado, or of any of their
departments, commissions, agencies, or officials, failure of vendors
to supply equipment on a timely basis, weather, and any other cause
or event not reasonably within the control of Grantee.
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(iii) to establish reasonable standards of service and
quality of products and to prevent unjust discrimination in service
or rates;
(iv) to require continuous and uninterrupted service to
the public in accordance with the terms of the permit throughout
the entire period thereof.
(v) to impose such other regulations as may be deter-
mined by the Council to be conducive to the safety, welfare and
acconnodation of the public.
(d) The City reserves the right to revoke this permit at any
time Grantee breaches any of the terms hereof upon the giving of
ninety (90) days' written notice thereof to the Grantee, provided,
however, that before this permit may be terminated and cancelled,
Grantee ~uat be provided with an opportunity to be heard before
City Council.
Section 4. C licable Laws and Ordinances. The
Grantee shal , at a t ea ur ng the e o t is permit, be
subject to all lawful exercise of the police power by the City and
to auch reaaonable requlations as the City, State, or Federal laws
shall hereafter provide, or Federal Communications Commision rules
and requlations. Should the F.C.C. modify the provisions of their
rules and requlations relating to federal-local regulatory relation-
ships, the City ahall then amend this Ordinance within six months
of the effective date of the modification, to be in conformance
with aaid modification.
Section 5. Territorial Area Involved. This permit relates to
the present territorial limits of the City and to any area hence-
forth added thereto during the term of this permit (ordinarily
co-extensive with the city limits of the .City of Englewood).
Section 6. Liability and Indemnification.
(a) The Grantee shall pay and by its acceptance of this
permit Grantee specifically agrees that it will pay all damages and
penaltiea which the City may legally be required to pay as a result
of 9rantin9 this permit. These damages or penalties shall include,
but ahall not be limited to, damages arising out of copyright
infringement•, unauthorized takinq, royalty payments, and all other
damage• ariaing out of the installation, operation, or maintenance
of the CATV system authorized herein, whether or not any act or
omiaaion CQIDPlained of ia authorized, allowed, or prohibited by this
permit.
(b) The Grantee shall pay and,by its acceptance of this
permit, apecifically agrees that it will pay all expenses incurred
by the City in defendinq itself with regard to all damages and
penaltie1 mentioned in subsection (a) above. These expenses shall
include all out-of-pocket expenses, such as attorney fees, and shall
also inelude the reasonable value of any services rendered by the
City Attorney or his assistants or any employees of the City.
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(c) The Grantee •hall maintain and, by its acceptance of
this permit, •pecifically aqrees that it will maintain, commencing
at the time F.C.C. approval is obtained and thereafter, throughout
the term of this permit, liability insurance insuring the City and
the Grantee with regard to all damages mentioned in subparagraph (a)
above in the minimum amounts of:
(1) Five Hundred Thousand Dollars ($500,000) for bodily
injury or death to any person, within the limit, however, of One
Million Dollars ($1,000,000) for bodily injury or death resulting
from any one accident. ·
(2) Five Hundred Thousand Dollars ($500,000) for property
damage resulting from any one accident.
(3) Two Hundred Fifty Thousand Dollars ($250,000) for all
other type• of liability.
(d) The Grantee shall maintain and, by its acceptance of this
permit, apecifically aqreea that it will maintain, commencing at the
date upon which this permit i• qranted and throughout the term of ·
thi• permit, a faithful performance bond running to the City in the
penal sua1 of Fifty Thousand Dollars ($50,000) conditioned that the
Grantee •hall well and truly observe, fulfill, and perform each
term and condition of this permit and that in case of any breach
of condition of the bond, or this permit, the amount thereof shall
be recoverable from the principal and sureties thereof by the City
for all dama.qe• proximately resulting from the fialure of Grantee
to well and faithfully observe and perform any provisions of this
permit. Grantee will maintain a Two Hundred Fifty Thousand Dollar
($250,000) faithful performance bond until such time that construc-
tion coaaencea. Upon coanencement of construction, the faithful
performance bond will be reduced to One Hundred Thousand Dollars
($100,000) and further reduced to Fifty Thousand Dollars ($50,000)
at the completion of providing cable to 80% of the current 1979
housecount.
(e) The insurance policy and bond obtained by Grantee in
compliance with this section must be approved by the City Council
and •uch in•urance policy and bond, along with written evidence of
payment of required premiums which shall promptly be paid by Grantee
as they come due, shall be filed and maintained with the City Clerk
during the term of this permit.
Section 7. Pay TV. The Grantee is permitted to deliver television
signals, directly or indirectly, from any pay-television source as
•anctioned and approved by FCC rules and regulations.
Section I. Color TV. The facilities used by the Grantee shall be
capable of dl•trlbutinq color TV signals, and when the signals the
Grantee di•tribute• are received in color, they shall be distributed
in color where tec hnically fea•ible.
Section 9. Si~na l Qualit! Requirements. Grantee shall be in
accordance wit the •peel !cations and requirements promulgated by
the FCC:
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(1) Produce a picture, whether in black and white or color,
that is undistorted, free from ghost images, and accompanied with
proper sound on typical standard production TV sets in good repair,
and as good as the state of the art allows:
(2) Transmit signals of adequate strength to produce good
pictures with good sound at all outlets without causing cross-
modulation in the cables or interfering with other electrical or
electronic systems;
(3) Limit failures to a minimum by locating and correcting
malfunctions promptly but, in no event, longer than seven (7)
days after notice;
(4) Demonstrate by instruments and otherwise to subscribers
that a signal of adequate strength and quality is being delivered
and meets all relevant specifications of FCC and other applicable
federal, state and local regulations.
Section 10. Operation and Maintenance of System.
(a) Grantee shall render efficient service, make repairs
promptly, and interrupt service only for good cause and for the
shortest time possible. Such interruptions, insofar as possible,
shall be preceded by notice and shall occur during periods of
minimum use of the system.
(b) Grante shall maintain an office within the City limits,
or within a two-(2) mile radius thereof, which shall be open dur-
ing all usual business hours, have a listed telephone, and be so
operated that complaints and requests for repairs or adjustments
may be received at any time.
(c) Grantee shall comply with any other agreements with the
City for the maintenance of buildings within the City.
Section 11. Carriage of Signals. All FCC regulations shall be
complied with regarding the carriage of the programming of any
existing or future television broadcasting station which covers
the City in its principal broadcasting area. Grantee's distribu-
tion system shall be capable of carrying at least Thirty-five (35)
channels on trunk cable construction and have two-way communication
capacity.
State of the Art. The Grantee shall upgrade its
facilities, equipment and service so that its system is as advanced
as the current state of production technology will allow. The
Grantee shall install additional channel capacity as required to
keep channel capacity in excess of the demand therefor by users.
At all times, each cable system shall be no less advanced than any
other system of comparable size, excepting only systems which are
experimental, pilot or demonstration. The City may order a grantee
to comply with this section in case of specific violations which it
may investigate upon complaint or on its own motion .
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Use of Channels.
{a) A minimum of three {3l of Grantee's channels
shall be dedicated as access channels. If there is not an
i itial demand for full utilization of Public Access channels,
Grantee may combine Public Access programming on one or more
channels and/or provide for the joint use of these channels with
other communities in the south Denver suburban area. If such a
joint use arrangement is undertaken, the City Council reserves
the right to designate a period of time during the week for which
Cnglewood will be given a priority use of cablecast time. At
su~h time that the City Council determines there is sufficient
nee1, the City Council may request and Grantee shall provide, one
Public Access channel for the exclusive use of organizations and
citi?ens in the City of Englewood.
(b) Grantee shall provide one (1) access studio at
the location of its main office which shall be equipped to cable-
~ast or video tape programs simultaneously for use in producing
programs for access channels and shall include cameras, slide and
film chain, portable cameras and recorders, and other appropriate
equipment. In addition, Grantee shall make available to the City
portable equipment for its sole use. Cost of maintenance of the
studio and equipment in the main color studio shall be borne by
Grantee.
(c) Grantee is encouraged to employ a program and
production director to promote public use of the access channels
and to advise such public users. Grantee shall provide necessary
training of City personnel for operation of portable equipment.
Interconnection•. The Grantee may and shall, at the
requeat of the City, Interconnect by microwave or cable, its cable
system with all other contiguous cable systems. The Grantee may
interconnect with any other system or service, at such time as
interconnect ia practical and viable.
Section 12.
(a) Program Alteration. All programs of broadcasting stations
carried by the Grantee shall be carried in their entirety as received
with announcements and advertisements and without additions, dele-
tions or alterations. EXCEPTION: The foregoing restriction on pro-
gramming alteration• shall not be applicable in any national or
local emergency.
(b) Parental Control Device. A device, parent guidance key,
shall be made available to residents at a cost of materials plus
handling charges which would enable a subscriber to voluntarily
lock out prograJ11nin9 on a pay channel .
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• Section 13. Service to Schools and City.
(a ) The Grantee shall provide one service outlet to public
a nd parochial achoo! locations within the City for educational
purposes upon request by the City and at no cost to it or to the
school ayatem. Thereafter, each additional service outlet shall
be i n atalled at cost of time and materials only. The Grantee may,
at ita e l ection, provide similar service outlets to private schools.
(b ) The Grantee shall provide to the City, at no cost to the
Ci ty, one separate channel for the programming by the City of public
information, •aid channel to have the ability to accept transmissions
from the C ity Hall, City Hall Annex or the Public Library within the
C ity.
Section 14. Emergency Uae of Facilities. In the case of any City,
State, Local or National emergency or disaster, the Grantee shall,
u pon request of the City Council, its bona fide representative, or
City officia l, make available its facilities to the City for emer-
gency use during the ... rgency or disaater period.
Section 15 . Other Buaineaa Activities.
(a ) The Grantee hereunder shall not engage in the busin7ss
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of aelling, repairing, or installing television :eceiver~, radi~
receiver• or accessories for such receivers within the City during
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the term of thi• permit.
(b ) This permit authorizes only the operation of a CATV
system as provided for herein and does not take the place of any
o ther c ertificate, license, or permit which might be required by
l aw of the Grantee.
Section 16. Safety Requirements.
(a ) The Grantee shall at all times employ ordinary care and
shall install and maintain in use commonly accepted industry methods
and devices for preventing failures and accidents which are likely
to cause damage, injuries, or nuisances to the public.
(b ) The Grantee shall install and maintain its wires, cables,
f i xtures a n d other equipment in accordance with the requirements of
the Ordinancea, Code and aequlations of the City of Englewood, and
i n auch manner that they will not interfere with any installations
of the City or of a public utility serving the City.
(c) All structures and all lines, equipment, and connections
in, over , under, and upon the streets, sidewalks, alleys, and public
ways or p l a c es of the City, wherever situated or located, shall at
a l l times be kept and maintained in a safe, suitable, substantial
condit ion, and i n good order and repair .
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• (d) The Grantee shall maintain a force of one or more resident
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agent• or employees at all times and shall have sufficient employees
to provide safe, adequate, and prompt service for its facilities.
Section 17. New Developments. It shall be the policy of the City
liberally to amend this permit, upon application of the Grantee or
on City'• own initiative, when necessary to enable the Grantee to
take advantage of any development• in the field of transmission of
television and radio signal• which will afford it an opportunity
more effectively, efficiently, or economically to serve its cus-
tomer •. Provided, however, that this section shall not be con-
strued to require the City to make any amendment or to prohibit it
from unilaterally changing its policy stated herein.
Section 18. Conditions on Street Occupancy.
(a) All transmissions and distribution structures, lines,
and equipment erected by the Grantee within the City shall be so
located aa to cau•e minimum interference with the proper use of
streets, alleys, and other public ways and places, and to cause
minimum interference with the rights and reasonable convenience of
property owners who join any of the said streets, alleys or other
public ways and places.
(b) In ca•e of diaturbance of any street, sidewalk, alley,
public way , grassed or paved area, or any other public or private
property, the Grantee shall, at its own cost and expense and in a
manner approved by the Director of Public Works in the City,
replace and restore such street, sidewalk, alley, public way,
grassed or paved area, or any other public or private property in
as good a condition as before the work involving such disturbance
was done.
(c) If at any time during the period of this permit the
City shall lawfully elect to alter or change the grade of any
street, sidewalk, alley, or other public way, the Grantee, upon
reasonable notice by the City, shall remove, relay, and relocate
its poles, wires, c ables, underground conduits, manholes, and other
fixtures at its own expense.
(d) Any fixtures placed in any public way by the Grantee
shall be placed in such a manner as not to interfere with the usual
travel on auch pub l ic way.
(•) The Grantee shall, on the request of any person holding
a building moving permit i•sued by the City, temporarily raise
or lower its wires to permit the moving of buildings. The expense
of such temporary r emoval or raising or lowering of wires shall be
paid by the person requesting the same, and the Grantee shall have
the authority to require such payment in advance. The Grantee
shall be given not less than forty-eight (48) hours' advance notice
to arrange for such temporary wire changes.
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(f) The Grantee shall have the authority to trim trees upon
and overhanging the streets, alleys, sidewalks, and public ways
and places of the City so as to prevent the branches of such trees
from coming in contact with the wires and cables of the Grantee,
except that at the option of the City, such trimming may be done
by it under its supervision and direction at the expense of Grantee.
(9) All cables, wires or other like facilities shall be
placed overhead where there are existing overhead facilities. At
such tiae aa other like facilities are required by law or ordinance
of the City to go underground, or already exist underground, the
Grantee shall also be required to place its facilities underground.
The Grantee shall be encouraged to enter into bilateral or trilateral
undergrounding agreements with other utilities.
Section 19. Preferential or Discriminatory Practices Prohibited.
The Grantee shall not, as to rate, charges, service, service
facilities, rules, regulations, or in any other respect, make or
grant any undue preference or advantage to any person, nor subject
any person to prejudice or diaadvantage.
Section 20. Removal of Facilities upon Request. Upon termination
of servic e to any subscriber, the Grantee shall promptly remove all
its facilities and equipment from the premises of such subscriber
upon his request •
Section 21. Transfer of Permit. The Grantee shall not transfer
this permit to another person without prior approval of the City
Council by Resolution.
Section 22. Transactions Affectin~ OWnership of Facilities. The
Grantee iliall at all times be the ull and complete owner of all
facilities and property, real and personal, of the CATV business,
provided, however, Grantee may lease personal property necessary
for the operation of its business and real property and it may
grant security interest• in the CATV system to persons providing
financing to Grantee.
Section 23. Chant• of Control of Grantee. Prior approval of the
city Council shal be required where ownership or control of more
than thirty percent (30•) of the right of control of Grantee is
acquired by a person or group of persons acting in concert, none
of whom already own or control thirty percent (30\) or more of
such right of control, singularly or collectively. By its accept-
ance of this permit, the Grantee specifically grants and agrees
that any such acquisition occurring without prior approval of the
City Council shall constitute a violation of this permit by the
Grantee. Dissolution of Grantee and distributions of its assets
to its partners, mergers of Grantee's partners with companies
already affiliated with Grantee and transfers to partnerships of
which Grantee, or an affiliate of Grantee, is the controlling general
partner do not require approval.
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Section 24. Piling• and Co111nunications with Regulatory Agencies.
Coples of all petitions, applications and communications submitted
by the Grantee to the Federal Communications Commission, Securities
and Exchange COlllllission, or any other federal or state regulatory
commission or agency having juriadiction in respect to any matters
affecting CATV operations authorized pursuant to this permit shall
also be submitted simultaneously to the City Council.
Section 25. City Right• in Permit.
(a) The right ia hereby reserved to the City or the City
Council to adopt, in addition to the provisions contained herein,
and in existing applicable ordinances, such additional regulations
aa it ahall find necessary in the exercise of the police power;
provided that such re9ulationa, by ordinance or otherwiae, shall
be reasonable and not in conflict with the rights herein granted.
(b) The City shall have the right to inspect the books,
records, maps, plans, income tax returns, and other like materials
of the \.rantee at any time during normal business hours.
(c) The City shall have the right, during the life of this
permit, to install and maintain free of charge upon the poles of
the Grantee any wire and pole fixtures necessary for a police alarm
system., .)n the condition that such wire and pole fixtures do not
interfere with the CATV operations of the Grantee.
Cd) The City shall have the right to supervise all construction
or installation work performed subject to the provisions of this
permit and make such inspections as it shall find necessary to in-
sure compliance with the terms of this permit and other pertinent
provision• of law.
(e) Upon termination or cancellation of this permit, as pro-
vided for herein, the City shall have the right to require the
Grantee to remove at its own expense all portions of the CATV sys-
tem from all public waya within the City.
(f) The City may grant any number of permits for a CATV
system within the City without prejudice to this permit and co-
existent with thia permit, and without notification to Grantee.
Section 26. Mapa, Plata ~ Reports.
(a) The Grantee shall file with the City Clerk true and
accurate maps or plats of all existing and proposed installations.
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(b) The Grantee shall file annually with the City Clerk, not
later than ninety (90) days after the end of Grantee's fiscal year,
a copy of its report to its stockholders (if it prepares such a
report), an i ncome statement of its properties devoted to CATV
operations, b y categories, giving its investment in such properties
on the basis of original cost, less applicable depreciation. These
reports shall be prepared or approved by a certified public account-
an~ and there shall be submitted along with them such other reason-
able information as the City Council shall request with respect to
Grantee's propertie s and expenses related to its CATV operations
within the City.
(c) Grantee shall keep on file with the City Clerk a current
list of its stockholders owning more than 10% of the company's stock.
Section 27. Permit Fees.
(a) Grante e shall pay to City annually 5% of its gross
subscription s ervices revenues taken in and received by it within
the City of Eng lewood . Gross subscription revenues shall mean the
amount charged by Grantee for the sale of its basic (cable only)
monthly fees a nd p a y cable fees, less charges paid for supplier
programming within the City of Englewood.
Gr ante e waives any right to contest the validity or
legality of any of t he fees imposed pursuant to this section of
the Ordinance and t hat if such fees are ever held to be invalid
or illegal, it wi l l pay to the City a comparable fee in lieu there-
of that is calculat ed in a manner determined to be valid.
(b) Such f ees shall be remitted to the City Director of
Finance on a q u a rte rly basis wi thin sixty (60) days after the
end of each calenda r q uarter.
(c) No a c c eptance of any payment by the City shall be
construed as release of or in satisfaction of any claim the City
might have for furt h e r additional sums payable under the terms
of this Ordinance o r f or any other performance or obligation of
the company hereunder. In the event that any payment is not made
when due, the c o mpan y shall be subject to the penalty provided
herein.
(d ) If Gran tee fail s or refuses to pay the tax imposed
within the time p r e scribed herein, a penalty of ten percent (10%)
per quarter of t he amount of tax due shall be assessed by the
City of Englewood aga i nst such Grantee, and the said tax, together
with the penalty asses sment, shall be, and hereby is declared to be,
a debt due and ow in g f rom said Grantee to the City of Englewood
and subject to c ol l ection by an action at law brought by the City
of Englewood i n any court of competent jurisdiction for the pur-
pose of such c o l le c tion •
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(e) Fees paid by the company to the City under this section
shall be conaidered in addition to and exclusive of any and all
taxes, business license fees or other levies or assessments which are
now or which may hereafter be authorized by the laws of the United
States, State of Colorado, or City. ·
Section 28. Forfeiture of Certificate.
(a) In addition to all other rights and powers pertaining to
the City by virtue of this permit, or otherwise, the City reserves
the right to terminate and cancel this permit and all rights and
privileges of the Grantee hereunder in the event the Grantee:
{l) Violates any provision of this permit or any rule,
order, or determination of the City or City Council made pursuant
to this permit, except where such violation, other than of Section 23
or subsection {2) below, is without fault or through excusable
neglect;
{2) Becomes insolvent, unable or unwilling to pay its
debts, or is adjudged a bankrupt;
(3) Attempts to evade any of the provisions of this
permit or practice• any fraud or deceit upon the City;
(4) Fails to begin construction under this permit within
ninety {90) day• after the occurrence of the latter of the following:
(1) Federal Conmunications Commission approval to import the distant
television signals involved, and receipt of all other necessary per-
mits, agreements, and authorizations; (2) receipt of approval of
Grantee'• con•truction plans by City.
(b) Such termination and cancellation shall be by ordinance
duly adopted after ninety (90) daya' notice to the Grantee and shall
in no way affect any of the City'• rights under this permit or any
provisions of law. In the event that such termination and cancella-
tion depends upon a finding of fact, such finding of fact, a~ made
by the City Council or its representative, shall be conclusive.
Provided, however, that before this permit may be terminated and
cancelled under this Section, the Grantee must be provided an oppor-
tunity to be heard before the City Council.
Section 29. City's Right of Intervention. The Grantee agrees
not to oppose intervention by the City in any suit or proceeding
to wh ich the Grantee is a party.
Section 30. Further Agreement and Waiver bf Grantee. The Grantee
further agrees to abide by all provisions o this permit and further
aqrees that it will not at any further time •et up as against the
City or the City Council the claim that the provisions of this per-
mit are unreasonable, arbitrary, or void •
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Section ll. Duration and Acceptance of Certificate.
(a ~ Thia permit and the ri9hta, privileges, and authority
hereby g1·anted shall take effect and be in force from and after
fin a l paaaage hereof, subject to the right of Referendum, as pro-
vided by law, and shall continue in force and effect until revoked,
p rovided that within thirty (30) days after the date of the passage
of t his ordinance the Grantee shall file with the City Clerk its
un conditional acceptance of this permit and promise to comply with
an d abide by all its provisions, terms, and conditions. Such
a c ceptan=e and promise shall be in writing duly executed and sworn
to , by or on behalf of the Grantee, before a Notary Public or other
o ff i cer authorized by law to adminiater oaths.
(b ) Should the Grantee fail to comply with subsection (a)
a bove, it shall acquire no rights, privileges, or authority under
thi s permit whatever.
Se c t i o n 32. Erection, Removal, and Common User of Poles.
(a ) No poles or other wire-holding structures shall be
erected by the Grantee without prior approval of the City Council
with regard to location, height, type and any other pertinent
aspect. However, no location of any pole or wire-holding structure
of the Grantee shall be a vested interest and such poles or struc-
tures •hall be removed or modified by the Grantee at its own
expense whenever the City Council determines that the public con-
venience would be enhanced thereby.
(b) Where poles or other wire-holding structures already
existing for use in serving the City are available for use by the
Grantee, but it does not make arranqements for such use, the City
Council may require the Grantee to use such poles and structures
if it determines that the public convenience would be enhanced
thereby and the teraa of the use available to the Grantee a _re just
and reaaonable.
(c ) Where the City or a public utility serving the City
desires to JDAke uae of the poles or other wire-holding structures
of t he Grantee but agreement therefor with the Grantee cannot be
reached , the City Council may require the Grantee to permit such
use for such consideration and upon such terms as the Council .
shall determine to be just and reasonable, if the Council deter-
mines that the uae would enhance the public convenience and would
no t un duly interfere with the Grantee's operations.
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Section 31. Duration and Acceptance of Certificate.
(a ~ Thi• permit and the rights, privileges, and authority
hereby 91:anted shall take effect and be in force from and after
final passage hereof, subject to the right of Referendum, as pro-
vided by law, and shall continue in force and effect until revoked,
provided that within thirty (30) days after the date of the passage
of this ordinance the Grantee shall file with the City Clerk its
unconditional acceptance of this permit and promise to comply with
and abide by all its provisions, terms, and conditions. Such
acceptan=e and promise shall be in writing duly executed and sworn
to, by or on behalf of the Grantee, before a Notary Public or other
officer authorized by law to administer oaths.
(b) Should the Grantee fail to comply with subsection (a)
above, it shall acquire no rights, privileges, or authority under
this permit whatever.
Section 32. Erection, Removal, and Common User of Poles.
(a) No poles or other wire-holding structures shall be
erected by the Grantee without prior approval of the City Council
with regard to location, height, type and any other pertinent
aspect. However, no location of any pole or wire-holding structure
of the Grantee shall be a vested interest and such poles or struc-
tures shall be removed or modified by the Grantee at its own
expense whenever the City Council determine• that the public con-
venience would be enhanced thereby.
(b) Where poles or other wire-holding structures already
exiatin9 for use in serving the City are available for use by the
Grantee, but it does not make arrangement• for •uch use, the City
Council may require the Grantee to use such poles and structures
if it determine• that the public convenience would be enhanced
thereby and the teras of the use available to the Grantee are just
and reasonable.
(c) Where the City or a public utility serving the City
desires to make wae of the poles or other wire-holding structures
of the Grantee but agreement therefor with the Grantee cannot be
reached, the City Council may require the Grantee to permit such
use for such consideration and upon such terms as the Council .
shall determine to be just and reasonable, if the Council deter-
mines that the use would enhance the public convenience and would
not unduly interfere with the Grantee'• operations.
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Section 33. Number of Channels. Grantee's cable distribution
system shall be capable of carrying at least thirty-five (35)
television channels. Grantee shall make portable video equipment
available on a free rental basis to residents pursuant to the
following terms and conditions:
1. Grantee may charge residents a reasonable deposit for
the safe return of equipment.
2. The user shall be responsible to Grantee for any loss
of or damage to said equipment.
3. Said equipment shall be available to residents on a
"check-out" basis, and Grantee shall be qiven reasonable notice
by a resident who wishes to use said equipment.
4. Residents may not use the equipment for longer than a
reasonable period of time nor more frequently than is reasonable.
5. Grantee may deny use of said equipment by any resident
who, in the judgment of Grantee, is not competent in the care or
use of said .equipment.
Section 34. Rates.
(a) Grantee shall establish rates and charges for Englewood
subscribers that are not greater than those charged for like serv-
ices to other subscribers of Grantee in the Denver metropolitan
area. Grantee shall file a copy of all rates and charges with the
City Clerk at the time of accepting this permit and shall file a
copy of all amended rates and charges annually.
(b) As a condition of this permit, the City reserves the
right to commence regulation and approval of Grantee's rates and
charges after a reasonable notice to Grantee of the intent to do
so and a hearing before the City Council.
Section 35. Publication Costs. The Grantee shall assume the
cost of publication of this permit and Ordinance as such publica-
tion is required by law and such is payable upon Grantee's filing
of acceptance of this permit.
Section 36. separability. If any section, subsection, sentence,
clause, phrase, or portion of this Ordinance is for any reason
held invalid or unconstitutional by any court of competent .juris-
diction, such portion shall be deemed a separate, distinct, and
independent provision and such holding shall not affect the valid-
ity of the remaining portions hereof.
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Section 37. Authority to Amend. The City reserves the right to
amend this pe rmit at any time by Ordinance upon giving thirty (30)
days' notice t o the Grantee of its intention to do so.
Section 38. Acceptance of Grant. The acceptance of this grant
of a permit s hall be made by the Grantee in writing within the
thirty-(30) day period immediately followin9 the final passage of
this Ordinance. Failure of the Grantee to accept the grant within
the period provided for herein shall constitute a revocation of
the permit.
Section 39. Ordinances Re~ealed. All Ordinances or parts of
Ordinances in conflict wit the provisions of this Ordinance are
hereby repeal ed. This Ordinance repeals and reenacts with amend-
ments Ordin ance No. 33, Series of 1967, and this Ordinance, as
so reenacted and amended shall hereafter supersede in all respects
the prior Ord i nance, and failure by Grantee, or its predecessors,
to perform the reunder, are hereby waived, whether known or unknown,
and regardless of any such matter this Ordinance shall be deemed
in full force and effect as of the effective date hereof; however,
this waiver s h a ll not constitute a waiver of any future violation
by Grantee o f any term of this Ordinance •
Introduced, read in full and passed on first reading on.
the 24th day of March, 1980.
Publi shed as a ill for an Ordinance on the 26th day of
March, 1980.
Read by title and passed on final reading on the 7th day
of April, 19 80.
Publis h e d i n full as Ordinance No. 4 , Series of 1980, -----on the 9th day of April, 19 80.
Attest: ayor
e~t{;6~e~
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Englewood, Colorado, do hereby certify that the ab?ve and
foregoing is a true, accurate and complete copy of the Ord1nanc7
passed on fin al reading on the 7th day of April, 1980, and publ~shed
in full as Ord i nance No. 4 , Series of 1980 •
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