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HomeMy WebLinkAbout1973 Ordinance No. 026lii'RODUCBD AS A BILL BY COUNCILMAN DHORITY BY AU'l'llORITY ORDINARCE NO. 26 , SBRIBS OJI' 1973 - AR ORDilWICE AllBNDIRO ORDIRARCE NO. 33, SERIES OJI' 1967, ORANTINO TO MOUNTAIN STATES II VIDSO, A PARTRBRSHIP, A RON-BICLUSIVE, RBVOCABLI PERMIT AND LICENSE TO OPERATE WI'l'BIN 1 !'BE CI'l'Y OJI' DOLBVOOD, COLORADO, A SYS'l'BM POR RECBP!'ION AND DISTRIBUTION OF PICTURES ' ARD SOUllDS BY CABLE, SOMB'l'DIBS DOWN AS A CABLE 'l'BLBVISION SYSTEM, AND PROVIDING ., COIDI'l'IONS ARD RBOULA'l'IONS RELA'l'INO 'l'HERB'l'O. ~. VRBRBAS, JIOUR'l'AIR STA'l'BS VIDEO, a partnership, bas made application to the Cit1 Council ot the Cit1 ot Englewood tor the issuance to it ot a non-exclusive, reYocable per11it and license to install, operate and maintain within the boundaries ot tbe CitJ or Englewood a cable television system, as hereinafter defined, and VRERBAS, the City Council, atter due investigation and consideration, has deterained tbat the installation, operation and maintenance or such a system would serve a public interest and that Mountain States Video, a partnership, is capable, pursuant to the provisions hereot, ccmpetent and willing to install, operate and maintain the same. ROW, 'l'llBRBJl'ORB, BB IT ORDAINED BY '1'HE CITY COUNCIL OF THE CITY OF' ENGLEWOOD, AS tollowa: Section 1. Short Title 'l'bia Ordinance shall be known and may be cited as the "Mountain States Video Cc unitJ Antenna Television Authority." Section 2. Detinitions. Jl'or tbe purposes ot this Ordinance, the tollowing terms, phrases, words, and their deriYationa aball have the meaning given herein. When not inconsistent with the context, 1t0rda uaed in the present tense include the tuture, words in the plural number include tbe aingular ftUllber, and words in the singular number include the plural number!" The word !: •aball• is &11'&7• ll&ndator1 and not merely directory. (1) (2) (3) (") (5) (6) (7) (8) (9) (10) (11) Section 3. (a) •cit1• is the CitJ or Inglewood, Colorado. •council• is the City Council or Englewood, Colorado. "Cable COllllUllication System," "Cable System," "CATV," or "System" shall mean a •J•t .. ot coaxial cable or other electrical conductors and equipment used or to be uaed to originate or receive television or radio signals directly or 1nd1rectl1 ott the air and to transmit them via cable to subscribers tor a tlxed or variable tee, including the origination, receipt, transmission,. 11 and distribution ot toices, sound signals, pictures, visual images, digital ~1 aignal1, telemetry, or any other type or closed circuit transmission by ' means or electrical impulses, whether or not directed or originating signals ~ or receiving signals ott the air. · "Person" is any person, tirm, partnership, association, corporation, company or organisation or any kind. "Grantee• shall mean and include Mountain States Video, all persons having any rights, powers, privileges, duties, liabilities or obligations under this ordinance, and also all persons having or claiming any title or interest 1n or to the a7atem, whether by reason or the permit itself or any subcontract, tranater, assignment, mortgage, pledge, hypothecation, security agreement, 11&n&g ... nt agreement or operating agreement, or otherwise arising or created. •rel'll1t• when used in this ordinance shall mean the Revocable Permit granted bJ tb1a ordinance and pursuant to the Ordinances or the City ot Englewood and tbe Charter or the City or Englewood; and subject to all limitations and restrictions contained therein. •Access Channels" shall mean those channels which, by the terms or this ordi- nance are required to be kept available by the grantee tor partial or total dedication to public access, educational access, or local government access. •Public Agencr" shall mean an agency which is supported wholly, or substantially, bJ public tunda. •Subscriber• shall mean a person or organisation whose premises are physically wired to receive any transmission trom the System. •subacriber Service Drop" shall mean such extension wiring trom the grantee'• diatribution lines to a subscriber's building. •uaer• denotes a person utilising a S1stem channel as a producer, tor purpoees ot production and/or transmission or material, or as a subscriber, tor purposes ot receipt ot .. terial. Orant ot Non-Exclusive Revocable Perait .!'bere is berebJ granted by the CitJ to the Grantee a Revocable Permit tor tbe rigbt and privilege to construct, erect, operate and maintain, in, upon, along, across, above, over and under the streets, alleys, public ways and public places now laid out or dedicated, and all extensions thereof, and additions thereto, in tbe City, wires, cables, underground conduits, manholes, and r o~her television _ conductors and tix-urea necessary tor the maintenance and operation in the I CitJ or a CA~ ayat .. tor the interception, origination, sale and distribution '···. ot televiaion, radio and other c011mUDications signals which shall be non-i exclusive and revocable in accordance with the charter and ordinances ot the . j CitJ, and aball be tor a period ot twenty (20) years trom the effective date ot Ordinance Ro. 33, Series ot t l967, passed on final reading by the City Council ot the CitJ ot Englewood, Colorado, December 4, 1967. 'I I I (b) The right to use and occupy said streets, alleys, public wa•s and places tor tbe purpoaea herein aet torth ahall not be exclusive, and the City reaerYea the right to grant a a11l1lar uae or any other use or said streets, alleya, public waya and places, to any person at any time. (c) AnJ Perait granted hereunder shall be subject to the right or the City: (i) '1'o repeal the same tor misuse, non-use, or the failure to comply with the provisions or this ordinance, or any other local, state or federal laws, or Pederal Coaaunications Commission rules or regulations. (ii) '1'o require proper and adequate extension or service to all residents ot the city living in areaa with a density or 50 homes per mile or greater, an4 to those residents ot leas dense areas as described by the Eztended Area Servi-e Plan contained herein. Construction shall be completed at a rate or no leas than 20 percent or the total trunk an4 d1atr1but1on 111leage each year. The system shall be rully COllPlete except tor new extena1ona, at the end or five years after COllllenc .. ent or construction. The commencement date or this construc- tion ah&ll be within 90 days after grantee receives an F.c.c. Certifi- cate ot C011Pllance. (11i) '1'o eatabl1ah reasonable standard• or service and quality of products, and to prevent unjust discrimination in service or rates. (iv) '1'o require continuous and uninterrupted service to the public in accor- dance wlth the terma ot the tranch1se throughout the entir.e period thereof. (v) 'l'o impose aucb other regulations as may be determined by the Council to be conducive to the aatetJ, welrare and accomodation of the public. (d) Grantee aball cOllllence construction within 90 dars or receipt or Certificate ot C011Pliance rr011 the P.c.c. (e) The City reserves the right to revoke this Permit at any time upon the giving ot ninety (90) days written notice thereof to the Grantee. Section •· CO!pliance with Applicable Laws and Ordinances. !'be Grantee aball, at all t!Jles during the lite or this Permit, be subject to all lawtul exercise ot the police power by the City and to such reasonable regulations as tbe City, State or Pederal laws shall herearter provide, or Federal Communications Commission Rule• or Regulations. Should the P.c.c. modify the provisions of their Rules and Regulations relating to federal-local regulatory relationahipa, the City shall then amend this ordinance within aix •ontha ot the effective date ot the modirication, to be in conformance with said llOditication. Section 5. Territorial Area Involved. Thia Perait relates to .the present territorial limits of the City and to any area bencetortb added thereto during the term ot this Permit (ordinarily co-extensive with the city 11.mits ot the City ot Englewood). Section 6. Liability and Indemnification. (a) 'l'be Grantee shall pay and by its acceptance or this Permit the Grantee apecitically agrees that it will pay all damages and penalties which the City .. , l•gallJ be required to pay aa a result ot granting this Permit. These damages or penalties shall include, but shall not be limited to, d ... gea arising out or copyright infringements, unauthorized taking, royaltJ paiments, and all ot h ~r damages arising out of the installation, operation, or maintenance ot the CATV s1stem authorized herein, whether or not any act or omission complained or is authorized, allowed, or pro- hibited bJ this Permit. (b) The Grantee shall pay and by its acceptance or this Permit specifically agrees that it will pay all expenses incurred by the City in defendin- itaelt with regard to all damages and penalties mentioned in subsection (a) above. These expenses shall include all out-of-pocket expenses, such aa attorney tees, and shall alao include the reasonable value or any services rendered bJ the CitJ Atto~ne1 or his .assistanta or any employees ot the CitJ. (c) The Grantee aball maintain, and by its acceptance or this Permit specifically asreea that it will maintain, coanencing at the time F.c.c. approval is obtained and thereatter, throughout the term ot this Permit liabllity insurance insuring the City and the Grantee with regard to all damages •entioned in subparagraph (a) above in the minimum amounts or: (1) Plve Hundred Thousand Dollars ($500,000.00) tor bodily injury or death to any one person, within the limit, however, or One IUllion Dollars ($1,000,000.00) tor bodily injury or death resulting trom any one accident. (2) Pive Hundred Thousand Dollars ($500,000.00) tor property damage resulting from any one accident. (3) Two Hundred Pirty Thousand Dollars ($250,000.00) tor all other typea or liability. (d) The Grantee aball maintain, and bJ its acceptance or this Permit speci- ticallJ agrees tbat it will, coamaencing at the date upon which this Pel'llit ia granted or 111mediate1r atter the Federal Connunication Coamiaaion•s approval ot the inportation ot distant signals, whichever ot the toregoing last occurs, and thereatter, maintain throughout the term ot this rel'llit a taitbtul performance bond running to the Citr, with at leaat two (2) good and autticient sureties approved bJ the Citf, in the penal awa ot '1'wo . Hundred Pittr Thousand Dollars <•250,000.00) conditioned that th• Grantee 11 aball well and trulr obaene, tultill, and pertorm each t ... and oondltlon i' ot tbia Perait and that in case ot anJ breach ot condition ot the IMtndi or this Perait, the a110unt thereof shall be recoverable troa the prlawlpa and \ sureties thereof bJ the Citr tor all damages prox1matel1 reaultln& tNa ·· ·· tbe failure ot the Grantee to well and taithtullJ observe and perto ... anr provision ot tbia Permit. (e) The inaurance polior and bond obtained bJ the Grantee in compliance with this section auat be approved bJ the CitJ Council and such insurance policr and bond, along with written evidence ot paJment ot required pr•iuma which ahall pr011PtlJ be paid bJ the Grantee as ther come due, shall be tiled and maintained with the C1t1 Clerk during the term ot this Permit. Section 1. Pg TV. The Grantee ia permitted to deliver television signals, directly or indirectl1, btca 07 PQ-televiaion source aa sanctioned and approved bJ P.c.c. rules and ·~regulations. Section 8. Color TV. The facilities used bJ the Grantee shall be capable ot distributing color TV signals, and wben the signals the Grantee distributes are received in color they shall be distributed 1n color where technlcallJ feasible. Section 9. Signal Qu!lity Requirements. '1'be Grantee shall in accordance with the specifications and requirements promulgated br the P.c.c.: (1) Produce a picture, whether in black and white or in color, that is undistorted, tree troa gboat images, and accaapanied with proper sound on typical standard production 'l'V sets in good repair,· and as good as the state or the art allows: (2) 'l'ranaait signals ot 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 srstems; (3) L1a1t failures to a minillum bJ locating and correcting malrunctions promptly, but in no event longer than seven (7) days arter notice; <•> Dellonatrate bJ instruments and otherwise to subscribers that a signal or adequate strength and quality ia being delivered and meets all relevant apeciticationa ot P.c.c. and other applicable federal, state and local regulations. Section 10. Operation and Maintenance ot Syata. (a) '!'be Grantee shall render etticient senice, make repairs promptly, and interrupt aenice onlr tor good cause and tor the shortest time possible. Such inter- ruptions inaotar aa possible shall be preceded by notice and shall occur during periods ot miniawn use ot the aratem. (b) Tbe Grantee aball maintain an ottice in tbe City which shall be open during all usual buaineaa hours, bave a J listed telephone, ,-.and be so operated that complaints and requests tor repairs or adjustments may be received at any time. (c) The Grantee shall comply with anr other agreements with the City tor the .. lntmnance ot buildings within the City. Section 11. Carriye ot Sipala. All P.c.c. regulations shall be cpmplied with regarding the carriage "or the program- •'ng ot anr existing or tuture television broadcasting station which covers the City in its principal braodcaatlng area. The Grantee'• distribution srstem shall be capable or c~ at least twentr (20) channels on dual trunk cable construction and have two-way ccww1n1cation capacitJ. State ot the Art '!'be Grantee aball upgrade its facilities, equipment and service so that its a1atem ia aa advanced aa the current state ot production technology will allow. 'l'be Grantee shall install additional channel capacity as required to keep channel capacitr in excess ot the demand thereror by uaera. At all tiwea, each cable aratem shall be no less advanced than I anr other aratem ot comparable aise, excepting only systems which are experiwental, pilot or demonstration. The City may order a grantee to COllJ>lJ with this section in case ot specific violations, which it may investigate upon complaint or on its own motion. Use ot Channels I (a) In conformance with P.c.c. Rules and Regulations, certain .or1·the Grantee's channels aball be dedicated as access channels and ,charges tor use thereof shall also be in conformance with P.C.C. Rules and Regulations. I I I (b) The grantee shall provide one access studio, which shall be equipped to cable-cast or videotape programs iimultaneously tor use in producing progr ... tor access channels, and shall include cameras, slide and film cba1n, portable cameras and recorders, and other appropriate equipment. Coat or .. 1ntenance or the studio and equipment shall be borne by the grantee. (c) The grantee is encouraged to employ a program and production Director to pro110te public use or the acce•s channels and to advise such public users. Interconnections '!'be grantee 11&7 and shall, at the request or the City, interconnect by micro- wave or cable, its cable a7atem with all other contiguous cable systems. The grantee 11&1 interconnect with any other s7stem or service, at such time as interconnect is practical and viable. Section 12. Pro119 .. Alteration. All progr... or broadcasting stations carried by the Grantee shall be carried 1n their ent1ret1 aa received, with announcements and advertisements and without additions, deletion• or alterations. EXCEPTION: The foregoing restriction on program- lling alteration• shall not be applicable in any national or local emergency. Section 13. Service to Schools and City. (a) The grantee shall provide one service outlet to public and parochial school locations within the CitJ tor educational purposes upon request bJ tbe CitJ, and at no cost to it or to the school system. Thereafter, each additional service outlet shall be installed at cost or time and .. terial• on17. The Grantee m&J at its election provide similar service outlets to private schools. (b) The Grantee shall provide to the City, at no cost to the City, one separate channel tor the programming bJ the City or public information, said channel to have the abilitJ to accept transmissions from the City Ball, CitJ Hall Annex or the Public Library within the City. Section l•. ...r1enc1 Use ot Pacilitiea. In tbe case or &nJ City, State, Local or National energency or disaster, the O.antee aball, upon request or the City Council, its bonaride representative, or City ottic1al, ll&ke available its tacilitiea to the City tor emergency use during the eaergenc1 or disaster period. Section 15. Other Business Activities. (a) The Grantee hereunder shall not engage in the business or selling, repairing, or installing television receivers, radio receivers or accessories tor such receivers within the City during the tenn or this Permit. (b) Thie Pera1t authorises only the operation or a CATV system as provided tor herein, and does not take the place or any other Certificate, license or permit which might be required by law or the Grantee. Section 16. S&tetz Reguire11enta. (a) Tbe Grantee shall at all times employ ordinary care and shall install and .. intain in use c011Donly accepted industry methods and devices tor preventing tailurea and accidents which are likely to cause damage, injuries, or nuisances to the public. (b) The Grantee shall install and maintain its wires, cables, tixtures ~and other equipment in accordance with the requirements or the Ordinances, Code and regulations or the City or Englewood, in such manner that they will not intertere with an7 installations ot the City or ot a public utility serving the City. (c) All structures and all lines, equipment, and connections in , over, under, and upon •e streets, sidewalks, alleys and public ways or places ot the City, wherever situated or located, shall at all times be kept and .. intained in a sate, suitable, substantial condition, and in good order and repair. (d) The Grantee shall maintain a torce ot one or more resident agents or emplo7eea at all t1.Jles and shall have surticient employees to provide sate, adequate, and prompt service tor its tacilitiea. Section 17. New Developments. It •hall be the policy ot the CitJ liberally to amend this Permit, upon appli- cation or the Grantee or on City's own initiative, when necessary to enable the Grantee to take advantage or any developments 1n the tield or transmission or television and radio signals which will attord it an opportunity more ettectively, etticiently, or econOllically to serve its customers. Provided, however, that this Section shall not be construed to require the City to make any amendment or to prohibit it from unilaterally changing it• policy stated herein. Section 18. Conditions on Street Occupancy. (a). All transa1ssions and distribution structures, lines, and equipment erected bJ the Orantee within the Cit1 shall be so located as to cause a1n2aa• interference with the proper use or streets, alleys, and other public W&JS and places, and to cause minimum interference with the rights and reasonable convenience or property owners who join any of the said streets, alleys or other public ways and places. (b) In case of disturbance or any street, sidewalk, alley, public way, grassed or paved area or any other public or private property, the Grantee •ball, at its own cost and expense and in a manner approved by the Director or Public Works in the CitJ, replace and restore such street, aldewalk, alle1, public wa1, grasaed 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) It at &n7 t1ae during the period of this Permit the City shall lawfully elect to alter or change the grade of any s•reet, sidewalk, alley, or other public way, the Orantee, upon reasonable notice by the City, shall re110ve, relay, and relocate its poles, wires, cables, un-erground conduits, ll&nbolea, and other fixtures at its own expense. (d) Afl7 fixtures placed in any public way by the Orantee shall be placed in such a manner as not to interfere with the usual travel on such public way. (e) The Grantee shall, on the request of any person holding a building moving pel'll1t issued by the City, temporarily raise or lower its wires to permit the aoving of buildings. 'l'be expense or such temporary removal or raising or lo .. ring or wires shall be paid by the person requesting the same, and .tbe Grantee shall have the authority to require eunh pa1Jllent in advance. 'l'be Orantee shall be given not less than torty~eight (48) hours' advance notice to arrange tor such temporary wire changes. (t) The Grantee shall have tbe authority to trim trees upon and overhanging the streets, alle1a, sidewalks, and public ways and places or the City so as to prevent tbe branches or such trees from coming in contact with the wires and cables of the Orantee, except that at the option or the City, such trimming .a1 be done by it or under its supervision and direction at the expense or Orantee. (g) All cables, wires or other like facilities shall be placed overhead where there are existing overhead facilities. At such time as other like facilities are required by law or .-ordinance or the City to go underground, the Orantee aball also be required to place its facilities underground. The Grantee shall be encouraged to enter into bi-lateral or tri-lateral undergrounding agree- •enta with otheri utilities. Section 19. Preferential or Diacr1a1na~oi:y Practices Prohibited. 'l'be Orantee aball not, as to rates, charges, service, service facilities, rules, regulationa, or 1n &ft7 other respect, make or grant any undue preference or advantage to &ft7 person, nor aubJect &DJ person to prejudice or disadvantage. Section 20. Removal ot Pacilitiea Upon Request. Upon terllination or service to any aubacrlber, the Grantee shall promptly remove all it• tac1litiea and equipment trcm the preaiaes or such subscriber upon his request. Section 21. Tranater or Pel'llit. 1'be Grantee aball not transfer this Permit to another person without prior approval ot tbe CitJ Council bJ Resolution. Section 22. Tranaactiona Affecting 0Wnersb1p of Pacilitiea. (a) In order that tbe City may exercise lta option to take over the taoillties and property of the CATV ayatem authorized herein upon expiration or forfeiture or the rights and privileges or the Grantee under tbla Permit, aa ls provided tor herein, the Grantee shall require an aclcnolwedgeaent of City's subject option to be placed in all of its ll&jor financing and security agreements and arral)gements. (b) Except aa provided tor in subsection (a) above, the Grantee shall at all till•• be the full and complete owner or all facilities and property, real and personal, of the CA'l!'I business, provided, however, Grantee may lease personal property necessary tor the operation or its business and real propert1 with the approval or City Council. Section 23. Change of Control of Orantee. Prior approval of the City Council shall be required where ownership or.control ot aore tban tbirtJ percent (301) or the right or control or Orantee is acquired by a peraon or group Of rraona acting in concertn, none Of WhOll already Olrll Or control tb1rtr percent (301 or aore or aucb right of control, singularly or collectively. By 1ta acceptance of this Perait, the Grantee specifically grants and agrees that any such aoqu1aition occurring without prior approval or the City Council aball constitute a Yiolatlon of tb1a Pel'llit by the Grantee. I 11 .I. I I I Section 2,. Copiea ot all petitions. applications and communications submitted by the Grantee to tbe Pederal Cc un1oat1ona COlllliaaion. Securities and Exohange Commission. or any otber federal or atate regulator, OOlllliaaion or agency having jurisdiction in respect to &D7 .. ttera atteot1ng CA'l'V operations authorized pursuant to this Permit. shall also be autmitted a1aultaneoualy to the City Council. Section 25. Cit1 R1gbta 1n Permit. (a) '1'be right ia hereby reserved to the City or the City Council to adopt, 1n addition to the provisions oontained herein. and in existing appli- oable ordlnancea, such additional regulations as it shall tind necessary 1n tbe exercise or the police power; provided that such regulations, by ord1nanoe or otherwise. shall be reasonable and not 1n conflict with the r1gbta berein granted. (b) Tbe CitJ shall have the right to inspect the :•books, records, maps. plans, lnoo•e tax returns. and other like materials or the Grantee at any time during normal business hours. (c) Tbe City shall have the right, during the ·lite ot this Permit, to install;. arid 11&1nta1n .tree ot charge upon the poles or the Grantee any wire and pole tlxturea neoeaaary tor a police alarm system, on the condition that such wire and pole tlxturea do not interfere with the CATV operations or the Orantee. (d) The CitJ aball have the right to supervise all construction or installation work pertol'lled subject to the proYisions ot this Permit and make such inspec- tion• aa it ahall t1nd neceaaary 1to insure compliance with the terms or this Pel'llit and other pertinent provisions or law. (e) Upon termination or cancellation ot this Permit, as provided tor herein, the CitJ aball baYe the rigbt to require the Grantee to remove at its own expense all portion• ot the CA'l'V a7atem trom all public ways within the City. (t) Upon tel'ldnation or cancellation ot thla Permit as provided .tor herein, the Cit7, at ita election. and upon paJJDent or the sum or money to the Grantee or tbe talr market value ot all property ot the Grantee, shall have the right to JM1rohaae and take over the CA'tV system in its entirety. The above price ah&ll not include. and the Grantee shall not receive, anything tor the valua- tion ot &ft7 right or privilege &pertaining to it under this Permit. Upon the exeroiae ot tb1a option bJ the City and its service or an official notice or such aotion upon the Orantee. theOrantee shall immediately transfer to the City poaaeaaion and title to all racilities and ~property, real and personal, or the CA'l!'I bualne••• tree trOll any and all liens and encumbrances not agreed to be aaaumed bJ tbe CitJ 1n lieu or some portion or the purcahse price set forth above; and the Orantee shall execute such warranty deeds or other ins~ruments ot oonve7anoe to the CitJ aa shall be necessary tor this purpose. The Grantee aball .. ke it a oondition or each contract entered into by it with ret~rence to ita operations under this Permit that the contract shall be subject to the exeroiae ot thia option bJ the CitJ and that the City shall have the right to succeed to all privileges and obligations thereof upon the exercise or such option. Provided. however. that the CitJ shall have the right unilaterally to 1noreaae the purchase price provided tor above, should it so elect, by an ordinance aaendator, hereto. But such right shall not be construed as giving the Orantee a right to any price in excess or that set forth above. (g) The tair market value shall be determined and establishedb ~Y a committee composed ot a representative ot the City. a representative or the grantee, and represen- tatives ot two real estate and brokerage firms familiar with sales and trans- tera ot cable television properties. who shall be chosen. one each by the City and Orantee representatives. (h) The CitJ ~ grant &n7 number ot permits tor a CATV system ,within the City without prejudice to this Permit. and co-existent with this Permit, and without notification to Grantee. Section 26. Mapa, Plata and Reports. (a) !'be Orantee shall tile with the City Clerk true and accurate maps or plats ot all existing and proposed installations. (b) '!'be Orantee ahall tile annually with the City Clerk not later than sixty (60) daJ• atter the end or the Grantee's ,,f fiscal year, a copy or ·its report to ita atockbolders (it it prepares such a report). an income statement or 1'• properties devoted to CATV 1operations, by categories. giving its invest- aent in such properties on the basis or original cost, less applicable depreciation. These reports shall be prepared or approved by a certified public accountant and there shall be submitted along with< them such other reasonable lntormation as the City Council shall request with respect to the Orantee's properties and expenses related to its CATV operations within the C1t7. (c) Tbe Grantee aball keep on tile with the City Clerk a current list of ~. Its abareholdera and bondholders. Section 27. P.,..nt to the City. !'be Orantee ahall pay to the City annually tive percent (51) or its gross sub- acribep revenues taken in and received by it on all retail sales or television signals llade bJ it within the City during the calendar year. This payment shall be tor the use ot the CA'l!'I a1atem and tor the municipal supervision thereof and shall be in addition to to all7 other tax or paJaent owed to the City by Grantee. The 51 tee, paid on the basis ot groaa aubacriber revenues. ahall be in lieu or any other tee tor Permits, inspections. occupanc1. certiticatea. or otherwise. (a) In tbe eYent that Mountain States Video or any other cable television operator aball in &ft7 otber municipality or county located within the area ccmprlaed ot Arapahoe, Adame and Jetterson Counties and the City and Count1 ot Denver, aball p~ a more tavorable percentage or its groaa aubaoriber revenues or charge a leaser monthly service charge tor COllJ)&rable aerTicea, tbe City ot Englewood may elect to avail itself o.t the greater percentage and/or the reduction in monthly service tees therein applicable. (b) Sucb termination and cancellation shall be by ordinance duly adopted after ninety (90) days• notice to tbe Grantee and shall in no way affect any or tbe City' a rights under tbis Penai• or any provision or law. In t ·he event tbat ~•aob termination and cancellation depend upon a finding or tact, such t1n41ng ot tact aa llade by tbe City Co-ncil or its representative shall be concluaive. Provided, however, that before this Permit may be terminated and cancelled under tbis Section, tbe Grantee must be provided with an opportun1t1 to be beard betore tbe City Council. Section 28. Portalture ot Certificate. (a) In addition to all other rights and powers pertaining to the City by virtue ot tbia Peralt or otherwise, tbe City reserves the right to terminate and cancel tbia Permit and all rights and privileges or the Grantee hereunder 1n tbe eYent that the Grantee: (1) Violates any provision ot this Permit or any rule, o~der or • detel'llination or tbe Cit1 or Cit1 Council made ~pursuant to tbia Permit, except where such violation, other than or Seotion ~a3 or subsection (2) below, is without fault or through excusable neglect; (2) BeoOlles insolvent, unable or unwilling to pay its debts, or is adjudged a bankrupt; (3) Att .. pta to diapoae or &nJ ot the tacilitiea or property or its CA'l!f buaineaa to prevent the ~City trom purchasing same, as provided tor herein; (-) Atteapts to evade any ot the provisions or this Permit or practices 8117 traud or deceit upon the Cit1; (5) Paila to begin construction under this Permit within ninety (90) dare atter the occurrence ot the latter or the following: (1) Pederal Co unlcationa COllllliasion approval to import the distant teleYiaion signals involved; (2) substantial completion and exten- alon ot alcrowave facilities to deliver subject distant signals to tbe metropolitan area including the City; and (3) receipt or approYal ot Grantee's construction plans by City; (6) Pail• to coaply with all mandator1 requirements or the enabling ordinance relative to CA'l!f. (b) Such terwSnation and cancellation shall be bJ ordinance duly adopted after ninety (90) da1s notice to the Grantee and shall in no way ettect any or tbe CitJ' a rigbta under'·this Permit or any provision or law. In the event that auch ter111nation and cancellation depends upon a finding or tact, such t1nd1ng ot tact as made bJ the Cit1 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 with an opportunit1 to be heard before the City Council. Section 29. Cit1'a Right ot Intel"lention. The Grantee agrees not to oppose intervention by the City in any suit or proceed- ing to which tbe Grantee is a part1. Section 30. Purtber Agre .. ent and Waiver bz Grantee. !'be Grantee turther agrees to abide bJ all provisions or this Permit and further aareea that lt will not at anr tuture time set up as against the City or the City Council tbe claill that tbe provisions ot thia Permit are unreasonable, arbitrary or void. Section 31. Duration and Acceptance or Certificate. (a) 'l'b1a Peralt and the rights, privileges, and authority hereby granted aball take ettect and -be in torce trom and after final passage hereof, aubJect to tbe right or Referendum, as provided bJ law, and shall continue 1n force and ettect until revoked, provided that within thirty (30) d&J• atter the date ot the passage or this ordinance the Grantee aball tlle with tbe Cit1 Clerk its unconditional acceptance or this Pe1'111t and pr011iae to complJ with and abide by all its provisions~ terwa, and conditions. Such acceptance and promise shall be in writing dul1 executed and eworn to, by or on behalf or the Grantee before a Rotarr Public or other otticer authorised by law to administer oaths. (b) Should tbe Grantee tail to complJ with subsection (a) above, it shall acquire no rigbta, privileges, or authority under this Permit, whatever. I I I I I 11 Seot1on 32. Breot1on, R .. oval, and Common User ot Poles. (a) llo poles or otber wire-holding structures shall be erected by the Grantee witbout prior approval or the City Council with regard to location, height, t~e and aJl7 other pertinent aspect. However, no location ot &nJ pole or wire-holding structure or the Grantee •ball be a Teated interest and such poles or structures shall be rell0Ye4 or mod1t1ed bJ the Grantee at its own expense whenver the CitJ Council detel'll1nea that the public convenience would be enbanoed thereby. (b) Where poles or other wire-holding structures already existing for use 1n serving the City are available tor ·1 use by the Grantee, but it does not 118.ke arrangeaents tor such use, the City Council may require the Grantee to use such poles and structures it it determines that the public convenience would be enhanced thereby and the terms or the use available to the Orantee are just and reasonable. (o) Where the CitJ or a public utility serving the City desires to make uae ot the poles or other wire-holding structures or the Grantee but asr .... nt theretor with the Grantee cannot be reached, the City Council ~ require the Grantee to permit such use tor such consideration and upon auoh tel'll8 aa the Council shall determine to be juat and reasonable, it the Council determines that the use would eilhance the public con- Tenienoe and would not unduly interfere with the Grantee's operations. Seot1on 33. llullber ot Cbannela. '!be Grantee'• cable distribution a1atea aball be capable or carrying at least twentJ (20) teleTiaion channels. Purther, the Grantee shall make available upon the requeat ot the CitJ Council one channel tor educational 'Fi and one channel for public aooeaa tor tbe benetit or the inhabitants or the City, and also one channel to Ctty 0oYel"lllleDt. Seotion 3-. Rates. • (a) '!'be rates and cbargea tor televiaiaion and radio eignals distributed bereunder •hall be tair and reasonable and no higher than necessary to ... t all coats or service (asauaing etticient and economical manage- aent), including a tair return on the original cost, less depreciation, ot the properties devoted to such service (without regard to any sub- sequent aale or tranater price or coat or such properties) and shall not be 1noreaaed without the approval ot the City by Ordinance. (b) The CitJ Council shall have the power, authority and right to cause the Grantee'• rates and charges to contorm to the provisions or subsection (a) bereot, and tor thia purpose, it ma1 deny increases in such rates and charges when it determines that 1n the absence or such action on its part, the Grantee's proposed increased rates and charges will not conform to tbe aaid subsection (a). (c) BJ ita acceptance ot this Permit the Orantee specifically grants and agrees that ita rates and charges to its subscribers tor television and radio aignala shall be tair and reasonable and no higher than necessary to ... t all its neceaaar1 coats ot service {assuming etticient and eoonOllioal 11&n&gement(, including a tair return on the original cost, leaa depreciation, or its properties devoted to such service {without regard to aJl7 aubaequent sale or transter price or cost or such properties). (d) BJ it• aooeptanoe or this Pel'llit tbe Grantee further apecitically grants and agree• that tbe CitJ Council shall bave the power, authority and right to oauae the Grantee's rates and charges to contorm to the provisions or aubaeotion (c) hereot, and tor this purpose 'b• Council may deny increases 1n auob rates and ch&ltges when it deteraines that in the absence or such action on its part, the Orantee'a proposed increased rates and charges will not contora to the aaid subsection (c). (e) However, no action shall be taken by the City Council with respect to the Grantee'• rates under tbia Section until the Grantee has been given reasonable notice thereot and an opportunity to be heard by the CoD11cil with regard thereto. (t) The lollowing rates and charges are hereby authorized for service under this Pel'llit and shall not be changed by the Grantee without .prior approval by the Cit1 Council bJ ordinance provided, however, that it any lesser rates and charges aball be charged by aJl7 cable television operator, providing sub- atant1allJ like aervicea, within the area coaprised or Arapahoe, Adams and Jetterson Counties and the Cit1 and County or Denver, then City may, at its option, require Grantee to provide its service to subscribers within City at auch leaser rates and charges. JIOlft'llLY RA'l'BS ARD SERVICE CHAROES (Inolud•• 30 Channel Converters) I. DISTALLATIOll CBAROBS A. IndiYidual Senioe 1. PriMrJ Outlet• • 9.95 2. Additional Outlet• • 5.00 a. Inatalled another time • 9.95 B. Jlaater 81at .. a and Contraotor Developments Jlaater S1ateaa tor aotela, hotel•, apartaent houses, trailer parka, eto., will be built on a time and materials basis. c. Bztended Area Service See outline or extended area service plan below. II. JIOlft'llLY SERVICE RA'l'BS A. IndiYldual Service 1. PrlarJ Outlets 2. Additional Outlets ('l'V/l'M) 8. Jlotela, Botela and other transient rental• c. Apartllenta, Trailer Parka, etc. billed on bulk basis: 1-5 outlets 6-'9 outlets 50-99 outlets 100 or 110re outlets III. 0'1'BBR RA'l'BS ARD CllAROBS A. Relocation or an exiating outlet a. Connection or new . aubacriber to an exiating outlet c. Diaconneotlon or service D. Additional installation coat tor aerial drops ex-eeding 150 teet 1. 'l'be ooata involved in proYi41ng underground service exceeding 100 teet, or proYiding underground aerYioe at the cuatoaera' request wben aerial aerv1oe is allowable. Extended Area. Service • 6.95 • 2.50 • 3.00 $ 6.95 ea. • 6.oo • 5.50 • 5.00 • 7.50 • 5.00 No charge Time and Material a Time and Materials In areaa where the dena1t1 1a leas than 50 houses per mile, the Extended Area SerYioe Plan outlined below will be used. Aa it is used here, density i• the nuaber or houaea per contiguous distribution mile trom the end or tbe exiating a1atem. Vben a sz-ogp ot realdenta, living in an outljing area which can be serviced bJ aerial plant dealrea aerv1ce, the1 will notit1 the Company by submitting a request tor aervlce algned bJ interested parties. '1'be Ccmp&n7 will then oonduot a bouae count and mileage survey to determine denait1 and eatlllate capital inYeataent. A aeeting will be held with interested residents to provide an estimate as to what 11e>ntbl1 aervioe charge• will be and to take tentative orders. A survey ot resident• who cannot attend tbe aeetin« will be made to solicit additional tentative orders. It ia deterained that at leaat 15 custoaers per aile will subscribe to CATV aerYioe, tbe plant will be designed and constructed and subscribers who had aigned tentatiYe order• will be conn-cted. Atter conatruotion la completed a marketing program will be launched to secure additional aubaoribera. The tinal monthlJ rate will be determined by the aotual IWllber or reaidenta wbo subscribe. A count or aubacribera will be conducted on a semi-annual basis and monthly rate• adJuated aocord1ngl1. Tile normal aobedule or rate• and cbargea tor inatallationa, eeconnects and relooationa will appl1 except aa noted in Section ·r.C" regarcling extra long dropa. I I j . I I I 'l'he 110nthlJ service cbal'gea will be aet up on a eliding scale baaed on tbe nUllber or aubaor1bera per a1le. The al1d1ng soale or monthly service obargea will be der1•ed trOll a tol'lmlla designed to equalize rates in less dense areas ao that the rate or return on investment in these areas will be OOllDarable to the rate or return in nol'llal areas in the franchise. (g) It 1n the tuture. the State or Colorado regulates the rates of· the Grantee tor the servioe provided tor in this Permit, this Seotion aball be or no etteot during such state regulation to tbe extent or &n7 contlict therewith. Provided, that any such regulation bJ the State ot Colorado aball not relieve the Grantee ot &ft1 ot the other obligations. rights. or duties imposed upon it bJ the granting ot this Permit. Section 35. Plow-'l'bp!ulb ot Retunda. (a) It during the term or tbla Permit the Grantee receives retunds ot any paiaenta ll&de tor television or radio signals. it shall without delay not1f) tbe CitJ Council. auggeat a plan tor tlow-through ot the retunds pending order ot the Council. Atterr.oonaidering the plan submitted by the Grantee. the Counoll shall order the tlow-through of the refunds to the Grantee's aubaoribera in a talr and equitable manner. (b) BJ ita aooeptanoe or tbla Pel'llit. the Grantee apecitically grants and agrees that it. during the term hereot, it reeeives retunds or any pa111enta ll&de tor television or radio signals, it shall without delay notif) the CitJ Counoil. auggeat a plan tor tlow-through of the retunds to ita aubaoribera. retain the tunds pending order or the Council, and tlow-tbrough auoh retunda in acoordanoe with the order or the Council. Seotion 36. Subaoriber Retune!• on Termination ot Service. It ~ aubaoriber ot the Grantee or leas than three (3) years terminates service beoauae or tbe Grantee'• tailure to render serv1-e to such subscriber or a type and qualitJ pro•ided tor herein. or it aeM"ice to a subscriber ot "l:ess than three (3) years ia terminated without good cause or becuaae the Grantee ceases to operate the CATV buaineaa autborised herein tor &DJ reason, except termination or this Permit, the Grantee aball retund to auoh aubacriber an amount equal to the initial tap-in and connection cb-rgea paid bJ b1a divided by tb1rty-a1x (36) and multiplied by a number equal to tb1rt7-a1z (36) •'nu• the nUllber or months the subscriber baa been on the system. Section 37. Publioation Coats. 'l'be Grantee aball aaawae the coat ot publication or this Permit and Ordinanee aa auoh publication la required by law and such is payable upon the Grantee's tiling ot aooeptanoe or tbla Pel'lllt. Seotion 38. Separab,llitr. It ~ aeot1on. aubaection. sentence. clause, phrase, or portion or this Ordinance ia tor ~ reason held invalid or unconstitutional by any court ot competent jurisdiction auoh portion aball be de .. ed a separate, distinct, and independent provision and such holding aball not attect the validity or the remaining portions hereof. Section 39. Autboritz to Allend. '!'be CltJ reaervea the right to amend th1a Permit at any time by Ordinance upon glYing thlrtJ (30) d&Janotloe to the Grantee ot its intention to do so. Seot1on •o. Aooeptanoe ot Grant. '1'be aooeptance or tb1a grant ot a Permit shall be made by the Grantee in writing within the thirty (30) day period illllediately tollowing the tinal passage of this Ordinanoe. Pa1lure ot the Grantee to accept the grant within the period provided tor herein aball constitute a revocationot the Permit. Seeton •1. Ordinanoea Repealed. All Ordlnanoea or parts ot Ordinances in contl1ct with the provisions of this Ordlnanoe are hereby repealed. Introduced. read in tull and paaaed on tirat reading on the 2nd day or July, 1973. Publiabed aa a Bill tor an Ordinance on the 5th day or July, 1973. Read bJ title and passed on tinal reading on the 7th day or August, 1973. Pu•liabed by title aa Ordinance No. 26, Series or 1973, on the 9th day of August. 1973. ~~ 11&1or A'l"l'Bft: I. Karl Rollenbe~ger. do bereb1 cert1tJ that the above and foregoing is a i:true, aoourate and coaplete oopy ot the Ordinance. passed on tinal reading and published by title aa Ordinance Ro. 26. Serles ot 1973. · •*~d'-Cierk -Treasurer