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City Council Agenda Packet f
October i3, 1998
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AGENDA gpenc'a nan
CITY OF DEN TON CITY COUNCIL
October 13, 1998
After do%:rntining that a quorum is present and convening in an open meeting. the City Council
mill comere In a closed meeting of the City of Denton City Council on Tuesday, October 13,
1998 at 5. 15 p.m. in the Council Work Session Room at City I tall, 215 L. McKinney. Denton.
Texas at which the following items will be considered:
I. Closed Meeting:
A. Conference with Limployces _ Undcr IYX. GOVT. CODE: Sec. 551.075. "I he
Council may recvi:e inRit-mation from employees during a staff conference or
briefing, but may - it deliberate during the conference,
ANY FINAL. ACI[ON. I:1:CISION, OR VO11i ON A SIA'I'1'ER DFILI[ILRMED IN A
C LOSI,1) MIJ; I LNG OR ON INFORMAT ION REiCLIVEiD EN A CONFERENCE? W1111
LAIPLOYFEiS Will, ONLY BF. 1AKLN IN AN OPEN MEETING -IHA] IS 111:1.1) IN
COMPLIANCE Willi "I EX. GOV' I CODE C'11, $51, 1 FF. CITY COUNCIL Kl,SI:RVFS
'I1W RIGHT '10 ADJOURN INTO A CLOSI:D S114AING OR EXECIMVE SESSION AS
A111 I IORV.F,C 9Y TF.A. (iOV'"f. C'OD1I SF, C, SS 1.001. is f SI:Q. ('1 P,XAS OPEN S1F1: 1 INGS
ACI) ON ANY IIIAI ON I I S OPEN MFEI'INO AGENDA OR TO RI:C'ONVLNE IN A
CONIINUA"LION OF 111E CLOSED ME RING ON 111E C'LOSLI) MFETINO IlLSIS
NOII D ABOVI?, IN ACCORDANCE WIIII 111E IEXAS OPEN MIJIIINGS ACT,
INCLUDING. WIfIOU1' [15111'AIION SECTIONS :51.071.551.095 OF 1LIE Ol'FN
51111; I INGS ACT.
Special Called Mccling of the City of Denton City Council on] uesda), October 13, 1999 at 60
p.m. in the Council Work Session Room at City [tall, 215 L. McKinney. Denton. Texas at which
the following items will he considered:
L C'onsid:r adoption of an ordinance autborizing the City Manager to execute a contract
wish Jeff Watson. Denton County Elections Administrator. for the coordination.
supcni IL)n and running of the City's No%cmKr 3, 1998 Special F.Iection
Following the completion of the Special Called Sleeting. the Council will convene into a Work
Sc, lion to consider the following:
0 NOI I;: A Work Scsston is used to er,nlore matters of' interest to one or more City Council
Members or the City Manager for the purpose of giving staff direction into whether or not such
matters should he placed on a future regular or special meeting of the Counc'I for citizen input,
City Co,utcil deliberation and formal City action At a Work Session, the City Council generally
rck:vkcs informed and preliminary reports and information from City staff, officials, members of
City committees, and the individual or Organization proposing council action, if invited by City
C'ouneil or City Slanagcr to participate in the session. Participation by individuals and members 0
oforganiiations invited to speak ceasca when the Mayor announces the session is being closed to
public input Although Work Sessions are public nPecting.,, and citizens have a legal right to
allcn& they arc not public hearings, so citizens are not allowed to participate in the session
unless ins itcd to do so by the Mayor. Any citizen may supply to the C'ily Council, prior to the
beginning of the session, a written report regarding the citizen's opinion on the matter being
explored. Should the Council direct the matter be placed on a regular meeting agenda, the staff
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City of Denton City Council Agenda
Cktober 13, 1998
Pagc 2
swill g_nerally prepare a final report defining the proposed action, sshich still be made mailable
to all citizens prior to the regular meeting at which citizen input is sought. ]'he purpose of this
procedure is to allow citizens attending the regular meeting the opportunity to hear the views of "
their !ellow citizens without having to attend two meetings.
I. Receive a repot, hold a discussion, and give staff direction concerning a mid-franchise
review of Marcus Cable's cable television system in Denton, Texas,
1 Receive a report, hold a discussion, and give staff direction regarding a proposed
application for a cable television franchise by Nortex Telcom LA, C, inch,-ding approval
of an application form and the establishment of a nonrefundable application fee.
3. Receive a report, hold a discussion, and give staf' direction regarding review of the City
C'harter
4. Receive a report. hold a discussion, and give ir.struclions to staff regarding the draft
interim Corridor Ordinance.
5. Receive a repot, hold a discussion, and give staff direction regarding the Growth
Management Strategy Survey and Cirowlh Management Strategy Public lnwolwement
Schedule.
6. Ness Business
I his item prrvidcs a section for Council Members to suggest items for future agendas. 1 r' 1
CF[RIIF'IC'A'I'Fi
1 ccrtily that the above notice of meeting was posted on the bulletin to and at the City I fal! of the
City of Denton, Texas, on the of 1998 at ____.o'clock
(a m.) (p.111
• C'I I Y SEC'RI IARY
NOI F: I I IL C'1TY OF DEN FON C11Y COUNCIL WORK SESSION ROOM IS
AC'CFS51111 L IN ACCORDANCE WITH 7IItL' AMERICANS WIM DISABILFFEES ACr.
IIII'1 CHY WILL PROVIDE; SIGN I.ANGUAGIi INTERPRE7LRS FOR ME HEARING
iMl'AIRI I) IF REQUF:SFH) AI' LEAST 48 HOURS IN ADVANC'E.OF Fl SCHIFOULFI)
• MI;E'. FING, I'LEASIi CALL ML CI I N' SEC'RIJARY'S OFFICE AT 34S 9309 OR USE.
TI,LFCOMMUNIC•ATIONS DEVICES FOR 'FIEI! DEAF (I DD) nY C'At.LIN'O 1.800- 0 •
Pr RIiLAY•IX SO 7HA"f A SIGN LANGUAGE INFF'.RPRFlFR CAN Br SCIIIA)ULED
yi I I IROUGI I'I I IF CFFY CF.CRL FARY'S OFFICE.
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AGENDA INFORbIATION SHEET
AGENDA DATE: October 13, 1998
DEPARTMENT: City Manager's Office
CM: Mike lei, City Manager
SUBJECT r
Consider adoption of an ordinance authorizing the City Manager to execute a contract with Jeff
Wstson, Denton County Elections Administrator for the coordination, supervision and running of
tlr: City's November 3, 1998 Special Election.
BACKGROUND
On September 1, 1998 the City Council adopted Ordinance 98.260 calling an election to submit
to an initiative vote a standard hours area ordinance that would reduce the hours of sale of mixed
drink3, beer and wine. Section IV of that ordinance indicated that t'te Council could contract
with Denton County to conduct the election. This ordinance would approve that contract with
Denton County.
FISCAL INFORMATION
The initial cost estimate of between S5,000•S7,000 for the County to hold this election will be
too low, The County has added an early voting location (City Hall) which will result in twice the
number of election workers needed for early voting and twice the administrative'supply costs,
It was also fell that the City should order its own ballots and not have to pay the 100/9
administrative cost that would be charged if the County ordered the ballots. A revised estimate
for the ;ost of the election would be $17,000.
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Resp (fully submitted;
Je : r Ivalter - M.
Cil Secretary
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ORDINANCE N0. - _
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO El. t ER INTO THE TERMS
OF A CONTRACT FOR ELECTIONS SERVICES WITH THE ELECTIONS
ADMINISTRA'.OR OF DENTON COUNTY, TEXAS TO CONDUCT THE NOVEMBER 3,
1998 ELECTION CONCERNING THE REPEAL OF THE EXTENDED HOURS FOR
ALCOHOLIC BEVERAGES ORDINANCE; VALIDATING AND RATIFYING CERTAIN
SERVICES PERFORMED; AUTHORIZING THE EXPENDIIURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE,
WHEREAS, Tex, Elec. Code §§31.092 and 31,093 allow a County elections officer to
contract with the City Council of the City of Denton to perform election services, as provided by
subchapter D of the Texas Election Code, upon the regacst of the City of Denton for the
Elections Administrator to perform those services in accordance with Tex. Elec, Code §31.093;
and
WHEREAS, on Scp.,:mber 1, 1998, the City Council passed Ordinance No. 98.260
calling an election on November 3, 1998 to determine whether a new ordinance requested by a
petition of the qualified voters would be enacted to repeal the extended hours for alcoholic `
beverages and to return these hours to standard hours; and
WIIERFAS, the City Council deems it in the public interest to enter into a Contract for
Election Services with Jeff D. Walsun, the Elections Administrator of Denton County to perform
various election functions and services for the City in holding this election at an estimated cost of {
$13,714.04 and in accordance with Tex. Elec. Code ch. 31; NOW, I HEREFORE, {J
TI IF, COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS;
SECTION 1. That the City Council hereby requests the Elections Administrator of
Denton County to perform the election services set forth in the attached Contract for Elections
Services, which is made a part of this ordinance as if written Word for Word herein, to famish
election scivices for the November 3, 1998 election to determine whether a new ordinance
requested by a petition of the qualified voters would be enacted to repeal the extended hours for
• alcoholic beverages and to return these hours to standard hours, and said Contract is hereby
approved.
SECTION 11, That the City Manager is hereby authorized to enter into a contract with
Jeff D. Watson, the Elections Administrator of Denton County, Texas, pursuant to the authority
of Tex. Flee, Code §§31.091, 31.092, and 31.093 to perform certain election services and to
® provido certain equipment for the holding of the November 3, 1998 election to determine •
Whether the extended hours for alcoholic beverages will be repealer by enacting a standard hours
for alcoholic beverages ordinance, and all previous actions taken by Jeff D. Watson, the City
Secretary, the City Manager, or any other election officials under this Contract or concerning the
November 3, 1998 election are hereby ratified and approved.
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SECTION III. That the City Manager is authorized to make the ex; enditures as provided
in the attached Contract. '
SECTION IV. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of , 1998,
JACK MILLER, MAYOR n
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ATTEST;
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEM FORM:
HERBERT L. PROUTY, CITY ORNEY
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THE STATE OF TEXAS H CONTRACT FOR
COUNTY OF DENTON
CITY OF DENTON ELECTION SERVICES
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BY THE TERMS OF THIS CONTRACT made and entered into by and between the CITY
OF DENTON, hereinafter referred to as the "CITY," and JEFF D. WATSON, the Elections
Administrator of Denton County, Texas, hereinafter rererred to as "Contracting Officer," pursuant
to the authority of Section 31.091, of the Texas Election Code, agree to the following particulars in
regard to coordination, supervision and running of the City's November 3, 1998, Special Election,
THIS AGREEMENT is entered into in eonsidera''on of the mutual covenants and promises
hereinafter set out, IT IS AGREED AS FOLLOWS:
1. DUTIES AND SERVICES OF CONTRACTING OFFICER. The Contracting Officer
shall be resp.insible for performing the following duties and shall furnish the following services and
equipment:
A. The Contracting Officer shall provide all lists of registered voters required
for use on election day and for the early voting period required by law, T he
election day list of registered voters shall be arranged in alphabetical order by
polling place in lieu of alphabetic by each precinct in each polling place.
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B. The Contracting Officer shall procure and arrange for the distribution of
all election equipment and supplies required to hold an election as required by
contracting authority,
I, Equipment includes the rental of voting And demonstrator machines, ballot
boxes, transfer cases, voting signs, directional poles end tole boxes.
2. Supplies include pens, tape, markers, etc.
C. Application for mail ballots erroneously mailed to the city shall
immediately be faxed to the county for timely processing,
D. The Contracting Officer shall be responsivIe for establishing and operating the
Central Counting Station to receive and tabulate the voted ballots in accordance with
Section 127.0r0 of the Election Code and of this agreement. Counting Station i
Manager shall be Jeff Watson, Central Count Judge shall be George Spuller, The
to Tabulation Supervisor and Tabulation Operator shall be provided by the Denton 6
County Elcctio is Administration Office and paid as a contract expense.
I . The tabulation supervisor shall prepare, lest and tun the county's
tabulation system in accordance with statutory requirements and county
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policies, under the auspices of the Contracting Officer.
2, The Public Logic and Accuracy Tect of the electronic voting system shall
be conducted on Wednesday, October 28, 1998, at 10:00 A.M., by the
Contracting Officer.
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3. Election night reports will be available to the City at the Central Counting
Station on election night.
4. The Contracting Officer shall prepare the unofficial canvass report after
all precincts have be n counted, end will provide a copy of the unofficial
canvass to the City as soon as possible alter all returns have been tallied,
S. The Contracting Officer shall be appointed the custodian of the voted
ballots and shall retain all election material for a period of 60 days.
I. Pending no litigation and as prescribed by law, the voted and
unused ballots shall be shredded 60 days after the election.
2. Tile City can obtain the list of registered voters from the Elections
Administration Office after this 60-day retention period. Pending no ~
litigation and if the City does not request the lists, the Contracting
Officer shall destroy them 90 days after the election.
If. Duties and Servlces of the City. The City shall assume the following responsibilities:
A. The City shall prepare the election orders, resolutions, notices, justice department
submissions, official canvass and oth^r pertinent documents for adoption by the
appropriate office or body.
I. The City shall publish and post the Notice of the Public Logic and Accuracy
Test of the electronic voting system and one press mlease, The Ccntracting
Officer shall prepare a certification of tabulation and an unofficial "canvass
report" that will amist the City with the official canvass.
2. The City assumes the responsibility of posting all notices and likewise
promoting the schedules for Early Voting and Election Day.
13. The City shall arrange and order The necessary ballots for the November 3 election.
The City shall procure and provide the Contracting Officer with the ballot layout
• and Spanish interprelatioe (if necessary)
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C. The City shall post the publication of election notice by the proper methods with the
proper media.
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D. The City shall prepare and submit to the U.S. Department of lustice under the Federal
Voting Rights act of 1965, any required submissions on voting changes.
E. The City shall compensate t . Contracting Officer for any additional cost incurred
in the process of running this election or for a re-count this electknj may require.
F. The City shall pay the Contracting Officer 100% of the actual cost to run plus the
10% administrative fee pursuant to the Texas Election Code, Section 31.100, of the
said election within 60 days of receipt of final cost from contracting officer. The
payment should be delivered within the mandatory time frame to:
Denton County Treasury
401 W. Hickory
Denton, Tx 76201
ATTN: Elections Contract Fund
11l. Cost of Services. See Exhibit "A."
IV. General Provisions.
A. Nothing contained in this contract shall authorize or permit a chance in the officer
with whom or the place at which any document or record relating w the City's
November 3,1998, Special Election is to be filed or the place at which any
function is to be earned out, or any nontransferable functions specified under Section
31,096 of the Texas Election Code,
8. Upon regaest, the Contracting Officer will provide copies of all invoices rod other
charges received in the process of running said election for the City.
C. if the City cancels their election pursuant to Section 2.053 of the Texas Election
Code, the Contracting Officer shall be paid a contract preparation fee of $75. An
1 ertily canceling an election will not be liable for any further costs incurred by the
Contracting Officer in conducting the November 3, 1998, Special Election.
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D. The Contracting Officer shall fie copies of this contract with the County Auditor of
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WITNESS BY MY HAND THIS THE DAY OF .1998.
,
Jeff Watson
Elections Administrator
Denton County, Texas
WITNESS BY MY HAND THIS THE DAY OF 11998.
Michael W. Jet
City Manager
City of Denton, Texas
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ATTEST:
1ENNiFER WALTERS, CITY SECRETARY
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BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CI'T'Y ATTORNEY
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BY:
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Attachment "A" Election Total $12,467.31 $0.00
Election Services flee 51,246,73 $0,00
Total Cost 513,714.04 50.00
Amount of Deposit 75% $0.00 S
Over ald !Under ald $0.00
Election Costs Units Cost Per Unit Estimated Actual
Ballots Ordcred b Ci 50.18 50.00 $0.00
Earl Voting Mail Ballots Ordered b City Included 50.00 $000
Election Kits Early and Election 40 516.00 5640.00 50.00
Earl Voting Kit 1 $16.00 $16.00 $0,00
Precinct Maps 20 53.00 564,00 SO.00
City Maps Supplied b City SO.00 $0.00 $0.00
Ballot Boxes 40 $3.00 $200.00 $0.00
"Eagle" Voting Machines 0 5200.00 $0.00 SOHO
Central Count 4C Ballot Counter l 511000,00 $1,000.00 50,00
„ Election Signs 20 $1,00 $20.00 50,00
Mail Ballot Kits too $1.00 5100.00 $0.00
Postage for Mail Ballot kits 100 $0.52 552,00 so.00
Workers Early Voting {Hours) 468 56.00 $2,808.00 $0.00
FICA on Earl Workers 0.0765 $2,808,00 $214.81 $0,00
Pickup and Delivery of Supplies 20 525,00 $500.00 50.00
. Delivery of EV (Duryea) 21 $23.50 549150 $0.00
Election Da Workers Hours 1,040 $6.00 56240.00 $0.00
Manual Recount per Election Code 1 _ S6o.oo 560.00 $0.00
1 E.V. Ballot Board Personnel (Hours) 11 $5,00 $63,00 $0.00
Election Total Ex ense $12,467,31 $0.00
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AGENDA INFORMATION SHEET
AGENDA DATE: October 13, j'998
DEI'Alt•fMENT: City Manager's Office
CM.. Mike Jvz, City Manager
UBJF: "
Receive a report, hold a discussion, and give staff direction concerning a mid-franchise
review of Marcus Cable's cable television system in Denton, 'texas.
BALK&IIOUIVIf:
Section XV, Perj,rrrrmrLT Review of the cable television franchise agreement slates;
I he parties agree that the City shall have the right to conduct a performance evaluation
svilh (he Grantee and the citizens of the City relating to this Franchise Agreement,
commencing in the seve,lh year subsequent to the date of Grantee's acceptance of this
franchise. The Grantee agrees to incur the costs of the evaluation and the City's
ascertainment of the current cable-related needs and interests of the City's residents;
provided, ho"'cver, that the total payment by the Grantee shall not exceed Twenty-Five j
J housand ($25,000,00) Dollars. This sum shall be adjusted on Cie basis of the proportion
that the then all Urban Consumer Price Index (CFI-U) for the Dallas/Fort Worth Standards
is otorKilitan Statistical Area bears to the February, 1988 Index, which was 114.0. The
C'ily shall provide Grantee with the names of three nationally-recognized independent cable
television consulting firms and the Grantee, together with the City, shall select one of the
three consultants to perform the evaluation, Grantee agrees that such costs are in addition
to and not to be deducted from the franchise fees due the City.
• Il,e City's Cable Television Advisory Board began discussions on a mid-franchise
performance review of the cable operator at their meeting on October 16, 1996. Proposals
were solrertA from five nallonally•recognized co,isulling firms. the Cable Board
narro"ed this list to three and, in cooperation with Marcus Cable, selected Mr. Gramlich to
perform [lie review.
0 Mr. Gramlich's charge was to perform a technical and operational review, a franchise
compliance analysis, and a financial review. Mr. Gramlich submitted an Rrl to O O
Marcus Cable and visited Denton to inspect their physical plant and review their operations,
Air. Gramlich's report is attached. Ile finds that Marcus Cable is in subs,antial compliance I
with the franchise, agreement. Their physical plant and operations are generally good.
Air. Gramlich notes that there are two areas "'here Marcus is not in substantial compliance;
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1. the FCC required annual proof-of-performance testing had not been dope since 1996,
2. customer service standards pertaining to answering their telephones on time were not
being met.
Since Mr. Gramlich's ieview and visit, Marcus has successfully completed the FCC proof-
of-performance tests for 1998.
Regarding the customer service standards. Marcus continues to improve in this area. They
have hired additional customer service Tepresenteives and provided them with additional
training, so we reel they, are making progress toward achieving compliance.
PRIOR ACTION/REVIEW (Councils, Boord Commissions
The Cable Television Advisor), Board discussed Mr. Gramlich's report at their meeting on
September 2, 1998, but took no action. The Board placed this item on the agenda for their
meeting on Wolter 7, 1998. Prior to that meeting, four of the seven board members contacted
staff and indicated they would not be able to attend. Consequently, the meeting was cancelled
for lack of a quorum. At Council's pleasure, this item cold be rescheduled for a futire Cable
Television Advisory Board meeting.
Staff recommends that Council receive the report. No action is required.
FISCAL INFORMATION:
The city paid Mr. Gramlich's fee of $6,000. Although the franchise agreement states that
Marcus Cable will pt), for the cost of the revio-, they can legally pass that cost on to their
subscribers. the city paid Mr. Gramlich in lieu of having this cost paid by Denton cable II
telccision subscriber
Respectfully submitted:
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Bc Will' m
Assistant to the City Manager
~ Prepared by: ,
Richard Foster
Public Information Officer
Attachment: Mid-franchise review of Marcus Cable prepared by Charles Gramlich &
aMr' Associates
FllbCoAlaT\'Ajcndalnfnl Ur J9r die f - ~
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TECHNICAL AND OPERATIONAL REVIEW OF THE
CABLE TELEVISION SYSTEM LOCATED IN
DENTON,TEXAS
AND OPERATED BY
MARCUS CABLE ASSOCIATES, L.L.C.
(Formerly Mama Cable Associates, L.P)
Prepued for, ;
THE CITY OF DENTON, TF."S
August 12, 1998
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CHARLES 4RAMLICH & ASSOCIATES
8105 Chudottrts<y Cove
Austin, Texu 78150
'telephone 512.342.1848
Telecopler 511.342.7844
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TABLE OF CONTENT'S
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1. INTRODUCTION I
U. SUMMARY ..I
A. SYSTEM PROFn E-i
B. FRANCHISE COMPLU.N.CE -3
C. UPGRADE/REBUILD iS9UES...3
M. SYSTEM PROFILE -3
A. PLANT DESIGN AND CHARACTER. 3
1, Layout and Design.3
2. Plant Statistics ...4
3. Channel capacity ...1
4, Special C" Networks, 5
5. RsliabilityFeatures ,.S 4
6 Tier ar . Premium Channel Control.. S
7. Pay-Per.V w Setvsce-7
B. QUALITY AND PERFORMANCE-7
L Staff adResourca-7
2. Practices and Policies-7
3. Technical Perfomwtce & Plant Coditiort..8
a Transmission Perfomwn+e...9
b. Service Call Anslysis-8
C. Outside Plant Inspection.. B
4. Service Perfomwtce Indicators ...9
a Customs Savior Perfmnaft e..9
b, Market Penetration„ 10
c. System Tectrsical Perfomrartce... 10
• IV. FRANCHISECOMPUANCE.-10
V. UPGRADEIKEBUILD ISSUES- 10
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Attachments, FravcWse Fa Audit
Franchise Compliance Matrixes
• Letter dated August 7,1998 fi m Marw 0 •
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TECHNICAL AND OPERATIONAL REVIEW OF THE
CABLE TELEVISION SYSTEM LOCATED IN
DENTON,TEXAS
AND OPERATED BY `
MARCUS CABLE ASSOCIATES, L.L.C.
August 12, 1998
L INTRODUCTION
In March, 1998, the City of Denton, Texas (the "City") engaged the services of Charles
Gramlich & Associates to provide cable television coca dting services to include a comprehensive
Tochr" and Operatiomi Review, a Franchise Compliance Analysis and a Financier! Audit (the
"Review") of the cable television system located within the City's that is owned and operated by
Marcus Cable Associates, L.L.C. ("Marcus" or the "Cable Operator"). The cons hirg services are in
connection with the Citys mid-term review of the cable television franchise agreement vith Maras.
The curtest franchis: agreement between the City and Maras terminates in 2003.
This Review, which summuiua and discusses the findings of Cher' a Oramlich, is intended to f
clcarty define the current technical and operational status of the above t.xntioned cable television
system. In addition to assessing and verifying the present state of the physical plant of the cable
television system and in order to give the reader some background information, the Review also f
presents a discussion of several other related topics. The Review is preliminary. All comments,
suggestions, and corrections are welcome. Another draft andW a fral 6 _ft may follow. +
In March 1998, the City sent a Request For Information ("RF7") 'o tb: Cable Operator.
Addit =J information concaving this matter is available and made it part of this Review in the Cable
Operators response to the RFI that it dated on July b, 1998.
On July 15, 1998 Mr, Crra &h conducted an inspection tour and supwiW testing of the
cable television system During the inspection tour, Mr. Gramlich met with several representatives of
the Cable Operator including Kum Ywvbuck, District Manager, Mark Gearhart System Engineer,
and Margaret Moseley, of rite corporate ofDice of Maras. Richard Foster, Public Imfor ation Officer
of the City attended the rructing with Charles Granlich.
A draft of this Review wu sent to Moseley F.sly 28, 1998
Margaret ey along with a testa from
CMrW Gmmtich rftWv q wmn mts and oorreaions Marcua'a mnuneda are captained Gn a letter
dated August 7, 1998 and Posed to Chwies Ora Wkh on August 12,1998.
It SUMMARY
O t A. SYSTEM UROFILE O •
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Physlcal Plant Status
Tht original system was built beginning in 1980. The system was rebuilt in 1993. A fiber
backbone was installed in beginning in January 1998. The physical plant appear to be reasonably we➢
maintained.
Covtrage and Market Penetration
According to the Cable Operator, the cable plant serving the rity and adjacent areas passes
approximately 33,298 homes in the City, and is installed and activated in approximately 21920 of
them. This represents a market penetration in the 69% range. There are approximately 19,263
suLscribers in the City.
General Technical Performance
The cable pmt appears to be providing a goc+3 grade of service. However, the Cable Operator
has not been perfxTning the Proofof•Pefornwta testing that is required by the Rules and
Regulations of the Federal Commu6cations Commission ("FCC").
Reliability Features
the twadend is equipped with an automatic surfing gerrerstor powered by propane to protect `
against a complete outage due to a low of oommercW power, According to representatives of the
Cable Operator, a of the plants power supply locations scattered throughout the City are equipped
with standby power.
Customer Service Performance
According to representatives of the Cable Operator, Marcus is not in substamiai compliance
with all of the prescnbed customer service stanndards. The train problem appears to be with meeting
the standards regarding the answering of the telephone
Channel Capacity
The subscriber network is equipped with amplifiers capable of passing channels that have
• frequencies extending no higher than $50 Nft amplifiers Such amplifier normally can carry
approximately 80 analog channels of television downstream to subscribers.
Cabk Converter
Subscribers that have "cable-rally" television seu or VCR's or their own converter do not
require a convener supplied by the Cable Operator to receive ilr- hask and tier service All premium
and pay-per-view services are scrambled and an addressable converter Is required to receive those
channels.
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Staff and Resources
Generally, the size of the stab; the number of personnel within each job category and the
background and qua fiications of key personnel are sufficient to provide adequate cable service in a
cable system of this r'ze.
B. FRANCHISE COMPLIANCE
A point-by-point review of the 5-anchise agreement and the transfer agreement (Franchise
Con:;.aance Matrixes) and a Franchise Fee Audit are attached to this Review. The Cable Operator
seems to be in substantial compliance with most of the term and conditions of the Franchise
Agreement; however, areas of apparent non-compliance arc noted.
C. UPGRADE/REBUH,1) ISSUES
In terms of picture quality and reliability, the cable television "an will most likely mot need to
be upgraded and expanded in the near fitture. The Cable Operator has upgraded the system this year
with the use of optical fiber cortununicationa technology. Overlaying an existing cwardal cable network
with a "supertrunk" of fiber efwdvely breaks the existing cable network into a series of smaller ser*.t
area ceIls, thereby shortening many of the lengthy chains of amplifiers that are now in use. This
reduction in the mrmber of ampAAers is possible because Aber optic networks can be consructed using
no intermediate amplification Two major benefits arc likely to result from a Hybrid Fiiber/Coudal
architecture ("W"). One expected berx6t of this change is an improvement in the technical quality
and of the sensce and a reduction in the smount of "snow' in the pictures viewed by subscribers. The
other benefit is in the overall reliability of the service that should result from fewer amplifiers in line
between subscribers and the origination points of the signals beir g delivered.
Howe%Tr, all of the available analog channels are in use. During the inspection visit of htly 13,
1999, representatives of Maas told Chides Gran kh and Richard Foster that Mucus does not plan
to upgrade the cable system further at this time.
III. SYSTEM PROFILE
A. PLANT DESIGN AND CHARACTER
I, Ilyout and Dalp
'Ihe original "em was built beginning in Im The rystem was rebuilt in 1997. The Cable
Operator has upgraded the rystemt this year with the use of optical Aber communications technology.
The physical plant appear to be reasonably well maintained. The original xnbsw7m .able television
rystem located'n t%e City u:s constructed', a airot trunk and single feeder rystern thet is intended to +
be used for the delivery of tarbsat'ber services 'ra the dowtmtre m headeld to hone, mode of
opestion The design incorporates a Ixanching network ttysam with signets that arwwes hat the
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system's headend antenna site for the reception o.' both satellite end terrestrial based signals and
programming inserted into the system locally. According to Marcus's response to the RFI, the longest
trunk amplifier cascade is six amplifiers,
2. Plant Statistics
The Cable Operator's cable television system provides service to the City and surrounding
areas, System statistics de=M4 the Cable Operators operation are presented below. The headend is
located in the City at 205 lndustr.' Glvd. All numbers are approximate and are m of June I, 1998.
L ide the Ci imits Eagre Sy.:SL41
Total plant mileage 418
Passings 33,290
Subscribers 19,263 22,920
Market Penetration 69%
Basic Tier service options Tt.o Two
A Is Cane options None None
Premium rrsdce options six six
Pay-pry-view options six six
3. Channel Capacity
Over the course of the cable industry's history, the bandwidth of cable oquipment has
continuously expanded. Cable began as a single channel service and expanded as five channel
broadband equipment and then 12-channel equipment was developed. Since the but 19791, the
bandwidth expansion has rapidly moved from a top limit of 300 MHz to 550 MHz, 750 MHz anti
beyond Some cable operators have installed 1,000 MHz (one gigahatz) distn'bution facilities;
however, this is not currently the industry standard.
A standard television program occupies 6 MHz of spectnrn space or bandwidth, end a total of
20 MHz of bandwidth is typically, reserved for FM radio statiort carriage on cable syste ns. Allowing
for some losses of available spectrum due to various reasons a system, like the Cable Operstoes in the
` City, using 550 MHz amplifiers normally can carry approximately 80 analog channels of television
downstream to subscribers. j
The Cable Operator's plant has been reasorubly well ms~ntained and has ban rebuilt and
upgraded in recant years, However, all of the available tuulog channels errs in use. Most rebuilds
presently under way elsewhere in the country cue, at least, 550 M}lz technology, which allows
approximately 80 standard television channels, plus the entire FM radio band, to be delivered to '
subscribers. Use of digital video oompression, deaaibed below, on each of these cmmrteta earld
theom6caily increase a syster4 carriage capacity to laudreds of charnels. Current devdopme nu in fl
compression technology suggest that system capacity may irtaeaee by as lbaor of 10 or more as the
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compression techniques are refined.
Digital video compression is a technique whereby a standard t-1evision signal is first converted
from its analog form into a digital stream of on-off "bits' that are electronically analyzed to locate its
redundant elements. A complex computer algorithm is used to remove all or most of the digital
components of the signal that relate to picture elements that do tot change from frame to frame of the
image. Once this has been dora, the s;yal can be transmitted into a substantially narrower channel
than the six•megahau channel that a standard television channel requires. After transmission, the
compressed digital signal is reconstituted at the subscn"Ws digital converter or television set usu•a a
process that essentisl}y reverses what was done at the transmitting end. "high digital video
compression, particularly as its applies to cable television, is still in the deployment stage, it has been
demonstrated that compression techniques will permit many program services to be carried
simultaneously in the same six megahertz of bandwidth that a single, standard television signal uses
today
During the inspection visit of July 15, 1999, represtrutives of Maraca told Charks Gramlich
and Richard Foster Ow Marcus does not plan to upgrade the cable system further at this time,
4. Special Cable Networks
Separate smaller cable systems are commonly called Institutional Networks or I•Nets and are
used to provide video, data, and other services to institutional users such as govemmetrt, business, and
education The Cable Operator does not have an Wtitutional Network in the City.
5. Reliability Features
The headertd is equipped with an automatic starting generator powered by propane to protect
against a complete outsge due to a loss of commercial power . According to representatives of the
Cable Opmtor, all of the plant's power supply locations scattered throughout the City are equipped
with standby power.
No rerrtote atatus monitoring system in installed in the cable trystem. Remote mutes morrtittoring
is an arrangement in which the perfotnwtce of a cable system's amplification equipment can be
continuously checked autton',atically against a set of established putunem.
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• E. Tier and Premium Channel Control
Since ortly some sulmriben elect to purchase upper tier or optional pay-TV services such as
HRO, cable companies must have a way of controlling who will have access to these channels. A
number of techniques have been developed in an effort to meet this treed effectively, efficiently and
with rninimal disruption to the er oyment of cable viewers. Unfortunately, the techniques also have
• drawbacks and disadvantages.
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One of the least tech kally sophisticated control artangemmts is the use of traps and fibers.
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Control by trapping requires the installation of a special filter or trap into the drop wire leading into
each site where the optional service or services have not been purchased. Such filters or traps can be
of the negative or positive variety. Negative traps selectively "notch out" the unauthorized channel or
channels from the group of channels transnuned into each receiving location. Positive traps selectively
descramble authorized chauunel(s) from the group of chumis that are scrambled prior to being
trancmined by the cable operator. While such filters are not individually expensive, if there are a
number of pay services to control, the hardware cost can become signiticam, particularly for those
service options that do not enjoy wide spread acceptance. Other problems include the fad that they
are relatively easy for signal thieves to defeat by physically bypassing the filter, Another drawback is
that service changes require a visit to the location by a company kstaihtion technician. Filters can also
be the source of signal leakage, perhaps violating fodersl standards in this regard, Nevertheless, from
the subscribes viewpoint, traps are user-friendly, only rm,, mally degrade the signal quality received in
the home, and are perfectly compatible with VCR's and c& e-ready television sets.
Another control artmgement used in the cable industry is Addressable Control. Addressable
control of a cable system's service tiers or pay channel offerings is accomplished by using special
converters that the cable operator remotely commands to allow clear reception only to those customers
subscribing to those services.
A subscriber who wishes to change his or her service "mix", adding or deleting programming
services, can have those changes made instandy by simply telephoning the cable office. By the simple
stroke of a computer key, the cable company customer service representative can make the change.
From the company's standpoint, addrem&Mty eliminates s ant number of service technician end
installer visits to subscriber homes (typically costing $50.00 per all or more), Addressibility can also
be used to control pay-per-view channel services.
There are also drawbecka to a cable operators use of Addressable Control. One drawback Is
the cable operators expense in supplying complex addressable converters to its subscribers. Another
drawback is the difoulty making the addressable controls compatible with VCRs and with the more I
sophisticated television ids that are now on the market. Subaniben often complain that the
mandatory use of a "cable box" makes sirrailtaneous recording and viewing of two differw programs
impossible and the instal' aion does not permit use of certain fanmea that are included in the circuitry
of some sett In sonne situations, a converterprevents "picture-within-a-picture" ftom being used, and
its installation sometimes requires two hand-held remote controls to be used in order to control channel
seledicA sound, tint and other features. Another draw back is that some addressable systems allow
® enough of the programming to be seen and/or heard that iubscnN n often object to the programming
especially "adult" progrunning coming into the home.
Recognizing the drawbacks of addressable control technology, the cable industry is eurrertly
exploring for alternatives. Many alliances between the cable industry, the computer Industry, the
telephone industry, and others have been announced.
New federal legislation directs the FCC to work with the cable teWslon Itdustry and other O
related industries to develop more standardized and more oonsurm friendly equiptmea Additionally,
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Congress has mwdated that within 10 years elmry cable operator provide the technical equipment I
required to offer a ty "basic-only" subscriber with a choice of any pay service.
The Cable Operators subscdben can receive the Basic Tier service, and the Expanded Basic '
Tier service without a converter if they have a cable ready television, VCR, or converter which will
receive the services purchased from The Cable Operator, Negative traps are used in those cases where
a subscriber does not want to purchase the Expanded Basic Tier service and/or if the subscriber does
not want certain channels that are carried on the Basic Tier service or the Star44rd Tier service. All
premium and pay-per-view services are scrambled and an addressable converter i!, required to receive
those Channels.
7. Pay-per-View Setvke
In addition to addressable control technology many cable operators use automatic rawker
identification (ANI) technology and specialized computer-bated telephone answering and order
recording equipment to provide pay-per-view. To plan an order a subscriber dials a special number.
The call is acknowledged by the computer using a synthesized voice, the caller is identified by the
company's central office equipment which can recognize the calling part's telephone number and the
order is placed and executed all in the span of a few seconds.
In addition to ANI, some cable operators also utilize an automatic response unit (ARU) and
customer service to allow access to pay-per-view. ARU allows customers to call a local te[*one
number and place pay-per-view orders by following detailed instructions Gorr telephone systems with
touch-tone telephones. A cable subscriber m!,( also place pay-per-view orders by contacting a
customer service representative of the cable operator during nornal telephone hours.
The Cable Operator otters 5 channel of pay-per-view. Programming is purchased by using AM
or by calling a customer service representative.
B. QUALITY AND PERFORMANCE
1. Staff And Resources
In the system serving the City and surrounding areas, the Cable Operator employs a total of
approximately 37 people including approximately 17 tack" people and appro)e"ely 9 customer
service representatives. The Cable Operator also uses contras Mor for some of the cable installations
and other work A chart surm u ng the orgarkAborW atA=n of the Cable Operators operational
personnel Is included in the Cable Operators response to the RFT.
Generally, the size of the w O the number of personnel within each job category and the
background and qualifications of key personnel are euicierd to provide adequate cable service in a
0 cable system of thus sin. O
4*90 2. Practices and Polkles
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The Cable Operator's customer service representatives and technicians are generally on duty
from 8,00 a m. to 8 00 p m., Monday through Friday, and on Saturday from S,00 a m. to 5:00 p.m.
The remaining hours are covered by an answering service. The answering services repreuntitives can
contact ar, on-call technician via telephone or pager, if necessary. According to representatives of
Marcus, beginning later this year after hours telephone calls will go to Marcus' can center in Fort
Worth.
& Technical Performance and Not Condition
L Transmission Ptrformanct
ruing my inspection visit. 1 reviewed teau that had been pm1bi med by representatives of the
Cable Operator at two locations in the system The vaults of the tau did not indicate arty problems
with the cable plant at these locations.
However, in an attempt to gauge and quantify the system's recent technical perfornantce,
usually t mainly relied on the meastuement and tea records that are supplied by the Cable Operator and
are required by the FCC. However, the We Operator hu not been performing the Proof-
of-Performance testing that is required by the Rules and Regulations of the red" Commtunication s
Commission ("FCC").
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b. Service Call Analysis
Ali cable s) stems, given their complex nature, experience some signal quality impainnent
difficulties and outs; es even when a sound preventive maintenance program is being followed. The
Cable Operator's opi.-ations are no exception to the rule. In most well maintained cable "am
cu stonier education, subscriber equipment and/or drop wire related problems account tot the myority
of the cable operator's service calls and few system reWed problems indicates a arccessU preventi-re
maintenance program. The Cable Operator provided service call and complaint sumrrarks which were
requested in the RFI.1 renewed the summaries to determine if they are well managed, and indicated an
anticipated and industry standard level and typo of service calls. My discussions with mprese tativre
of the City responsible for overview of the cable television 6unchise did not c urrer* point to luny
currant chronic tecMcal problem: with the plant the Cable (Operator,
• C. Outside Plant Inspection
As part of the evaluation process, l toured the Cable Opemo's Wlitia inck&e. outside plant
and headeW. The headed facilitia tour and outside plaid iaspectioa was conducted in a drive
through reprtaentative portions of the cable system.
• In the course of this inspection, the grounding, the vertical separation of the aerial cables with O •
rasped to power, the condition of lashini; wire, power supply installations, and the overall quality of
workmanship of the planet was checked With regard to the vertical spacing hoA I Hied on the
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construction standards as are set forth in the National Electrical Safety Code. This inspection and
evaluation of the physical condtioon c° the plant and of the work N-iformed by the company's
maintenance, installation and construction crews was done in an effort to identify sigrdcant cases of
noncompliance with the National Electrical Safety Code and safety hazards.
No life-threatening conditions were found from the inspection of the &mnple plant mileage, and
much of the plant appears to have been constructed by workers who were ptnpesuv hstructuA in cable
expansion loops formation. Some broken lashing wire wis found. Expansion loops serve the pwpose
of helping avoid cold weather cable interruptions that can be caused when the cable at a junction point
contracts aid thereby breaks its electrical connection,
4. Service Performance Indiaton
L Customer Service Performance
Telephone activity and the statistical measures of accessibility fne all systems exhibit peaks and
valleys over both the long and shoe wets. For example, such is the case when a main trunk fine able
is damaged by an automobile accident std able service Is lost in a broad area. Under these
circumstances, the number of telephone calls that subscribes attempt to place to their able company
totally overwhelms its customer service operation, regardless of how many positions are staffed at the
time
Federal law prescribes a set of woom>er service standards that may be adopted by local
franchising authorities. The standards encompass: billing practice's and requitemer, office and
telephone availability, timeliness and scheduling of installation service; and response to service requests.
For example, on the matter of telephone availability, the standards require, under normal
operating conditions, telephcne calls received by cable companies should be answered within 30
seconds. This strrdard shat be met no lea, tLat WK of the time under normal operating condition,
measured on a quarterly basis, Also, a trunk busy condition should be found by subscn'bas ailing in
no more than 3% of the time. Federal standards also state that, under normal operating conditions,
each of the following four standards will be met no leas than ninety-five (95) percent of the time
rntasured to a quarterly basis: (1) Standard Uaullations will be performed within seven (7) bus4saa
rays after an order has been placed. (2) Excluding conditions beyond the control of the operator, the
cable operator will begin working on "sevice interruptions' promptly cad in no eves Wer flan 24
• hours after the interruption becomes known, (3) The "appointment window" alternatives for
Gvtadation, service calls, and other installation activities will be either a spealic time or, at maximum,
a four-hour block during normal business hours. (4) An operator may not ancd an appointment with
a customer after the close of business on the business day prior to the scheduled appointment,
While the Federal standards are imlxmive on the surface, some of then wv not very
• demanding. For example, most subscrt'ben would be outraged if the able company did not respond to
and repair an Interruption in their service more promptly than the standard wggests. 91re Cable O •
1. Operator's representatives stated that the policy is to respond to oulaga on a high-priority, immediate
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According to representatives of ne Cable Operator, Marcus is not in substantial compliance
wi.h all of the prescribed customer service standards, The main problem apperrs to be with meeting
the standards regarding the answering of the telephone.
b. MarIket Penetration
According to the Cable Operator, the cable system is actively installed in approximately 69% of
the passings This markrt penetration Is above the national average penetration figure that currently
stands at just over Wle This level of penetration in the City indicates that the quality of the service is
at least minimally satisfactory.
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C. System Tech" Performance ~
I also reviewed the Cable Operators CLI signal leakage reports, Those reports indicate M11
t}-. Cable Operator is pursuing and correcting signal les'ks from its system, This is extrently important
because signal leaks permit signals to be emitted from the cable systern that cam, in some cases, create
dvrgtruus interfere rA "n unfl dying ovkr the Cities Similarly, signal leaks from a cable systern can
interfere with public safety radio systems (i.e., police ann.' fix radio systems), amateur radio operations
("Harry"), ar+d private business ratio systems, such as taxi radios and delivery truck radio system. The
Cable Operator had system leakage tested by "drive Dins" of the system. I reviewed thr rjwhs of
the "driv- outs" which indicated that the system was in compliance with Federal standards. f
IV. FRANCHISE COMPLIANCE i
A point-by-point review of the franchise agreement and the transfer agreement (Franchise
Compliance lvtatrixes) and a Franchise Fee Audit are attached to this Review. The Cable Operator
sans to be in compliance with most of the terms and conditions of the Franchise Agreement,
however, areas of apparent non-compliance are noted.
UPGRADE/REBUILD ISSUES
1 Regud:ess of the source of its signals, the basic distribution network design Is the same for all
trs&onal cable "ems As is standard ertgirbeering practice in the cable Industry, the odrring cable
plant Incorporates use of both rmr Q and feeder cables Feeder able is Installed everywhere cable
0 television service is to be aaivatod in a given service area, sine this is the i~sble that is "tapped" to
provide signals via drop wires to ousto, nets homes, Trunk able, on the ours had, is never directly
upped to directly serve subscribers evert thnriph it often parallels the route of the tbeder system. A
ik cable plant's trunk "tern is a relatively high qu&W.f, electronic pathway that b tgim at the headend (or
hub lute) and which transports cable signals along the major arteries of the seudce am. Amplifier
0 Wom are intoned at about 114 to 112•rrile imervals along the trunk route as to make up for normal O 0
J losses of the cable In addition to its f maicio as a trunk amplifier, each Wh station also contains
t µ seeder amflitier circuitry which creates additional signal sources that at used to drive feeder cable tirses
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which originate at these points. In effect, a cable system's trunk network simply links together it large
number of feeder cable origination points.
The underlying basis fix the need to also incorporate another transmission level or a
"supertrunk" in certain cable system designs stems from the fact that classical cable systems are limited
by the natural build up of noise ("snow") and distortion products ("lines") in their program channels.
The ampUcn that are installed periodically along the route of a cable system cause these effects. While
the amplifiers are absolutely essential to make up for the weakening of the cable signals as they pass
through each segment of the cable network, each such amplifier station in a cable system also
contributes a small amount of noise and distortion to those signals In very king systems, the buildup
of these unwanted electronic by-products can result in a poor quality of service being delivered to
subscribers living at the system extrernitla. Supauunking is intended to provide a method of
delivering high quality signals to a variety of distribution hub locations, effwdvety breaking one large
cable system having a single hub (the antenna site or "headend") into a series of smaller rystems served
from a series of hubs.
Supertrurkng is a general tam that can refer to a number of technologies ranging from cowdal
cable to multiple cMwW microwave radio to fiber optics. For a number of reasons, fiber has rapidly
become the medium of choice by cable anginas for supertnA applications.
In a fiber optic trunk line, instead of the eowdal cable that is used u the trarwrission medium in
classic cable televislon systems, glass fibers encased in protective swaths are used to connect the
terminal points Instead of the radio frequency signals that are the carriers used in ordinary cable n
systems, fiber communication systems use light waves, Special optical modulators and demodulator
are installed st the end points, but because modem optical fiber cables have Rich excellent trenxmission
characteristics, intermdiate amplification stations are rarely needed in cable television applications of
this technology. This feature means that fiber not only has a capital cost advantage over coaxial cable,
it also means that fiber is less costly to maintain and is inherently more reliable.
The use of light waves, as a comrnun ications medium is not a comp!etely new concept. From
the earliest days of radio, naumaous experiments involving the transmission of telegraph messages and
music between two points using only a beam of light passing through the air were carried out
However, because these experinutal systans were so limited in terms of the distances they could span
and because adverse weather could restrict their use, development of optical communication system
did not progress until after the invention of the lass and the consequen4 developmernt of special glass
fibers that could be used as the trarsrmission path fn these signals. Lasers provided the necessary
source of high power, eohaa>t light that a uucesaM system needed and the fiber that were
developed provided a medium that is tat affected by weatha and which does not severely attenuate
the light signals passing t1sough it. As was noted above, the attenuation dAwtaistics of fiben th m
are currently available are w good that trader supatrunk networks can be deal iW using few if any Intermediate amplification stations Not only does this sharp reduction
in the twegsery amplifies
stations provide both an economic and reliability benefit, it also signiiksittly improves the signal quality
that is delivered to subscribers sine the natural build up of noise and distortion is far lets than would be G
the cause in a classic, coaxial cable system.
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In terms of picture quality and reliability, the cable television system will mw Rely not need to +
be upgraded and expanded in the near future. The Cable OpeWor has upgraded the system this year
with the use of optical fiber eomnxunicatiom tochoology. However, an of the av"" analog charnels
are in use, During the inspection visit of July U, 1998, representatives of Marcus told Charles
Omn-aich and Richard Foster that Marcus does not plan to upgrade the cable system Author at this
time.
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araascai
A REVIEW OF THE CABLE TELEVISION FRANCHISE FEE PAYMENTS
MADE TO THE CITY OF
DENTON,TEXAS
BY MARCUS CABLE ASSOCIATES, L,L C,
(Fw mrly Marm Cabk Axocisim L. P )
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Prepare; for,
THE CITY OF DENTON, TEXAS
Au rust 12, 1998
! * + harts red bx.
C
• owdich
of
f CHARLES GRAMLICH A ASSOCIATES
8103 Chudorwy Cave
Auuin, Texas 78750
• Telephone 312.342.7846 O •
Telecopler $12.342.7844
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A. Scope
Charles GrannUch & Associates conducted a comprehensive Technical and Operational Review
and Franchise Fa Audit (the "Review") of the cable television system thet is located within the City of
Denton, Texas (the "City") limits and is owned and operated by Marcus Cable Associates, L L C,
("Maras").
The Franchise Fee Audit included the following tasks
1. A review of the revenuo'receipt records of Maras for the most recent four-year period
including the sources of all revenue componw a.
2. A review of the method utilized by Maras to compute franchise fees due to the City,
including all revenudreceipt dements inchtded In 6. ootnputs ion, arty
revenues/receipts excl-;ked from the computations, and whether those exclusions are in
compliance with franchise roqu'rernans
3. A comparison of the computed hochW fen due with actual payments made to rite
City, to verity that all fees have been paid.
4. In the event of any discrepancies, an estimate of the underpsymonts to the City.
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This report presents the results of the Franchise Fee Audit
B, Background
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A Request For information ("RFI") was sent to Maras in March 1948, Additional 1
information concerning this matter is available and made a part of this Review in Maras'
response to the RFJ that is dated July 6, 1998. With respect to the Frortchise Fee Audit, the
following in(brmrtion was requested for the last four calendar years fcf which the Wbrmedou
is available, based upon whether the cable television Banchise fee la % AV computed end paid
on revenues or receipts
a all mvenudroceipt accounts used by the cable operator,
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b. the annual amount of revetuVreceipts for each of the nevenrdrecdpt accounts;
c. ere Indication as to which mvet>vdreeeipt oooma were inchxW and which
revenudreceipt accounts were exckxW in the computation of the B•anchlse fee
payments made to the City; 0 f
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d. the computations used to make the franchise fee payments; and,
e backup material (such as computerized monthly reports) to substantiate the Eeaehlse
fee payment for selected periods of time may be requested at a later date. '
IL FRANCHISE FEE COMPUTATION AND PAYMENT
The cable television franchise agreement between the City and Marms contains the following
provisions regarding the computation and payment offramNse fees.
Soma` M Fnrchlie Fee
In corAlwatkm d the tcmr o (Ws Rr mlbe br the W ten )tan hum the due d
Gmftioe's aoaprana tithe terms tithe barnchise. Grantee agree lopey to the City
a sum of money equal to five permt (51%) d(karaee s {rocs ntbernber revmm per
)ear pwum to the prmi"m of Ankle I of the Cable Ordrsnce. Tberarler, for
the mTmin& a (the tam of the agroanrk Gnnee shall pay o the Ciq a am of
money equal to sem (7v.) of Graraet's `roes ubeater menus per W. Y the
law doe rot allm the City b dwp OMAN a ftwwdee be in tide mover,
Grantee shell oxthle to pry flue pum (3%). The Grantee da pay to the City
in quarterly UwAlm a is within fortyfive (45) drys alley March 30, )m 30,
September 30 and Demmber 31 of each year the Ru&w be utnbrtable o gross
reccipts of the Grants durutg do prxeding gtr ,
Sotsioa 0.3, DeBnitiau, d Chapter a, Cable Televidan, tithe City Code (AKA site
Cable Grdinarnce) Maki: Gnua "comes mmru all auk wA% pnvpaty of am
kind or nature or adret eoruiderwm derived dm* or Wire* by the Vww, its
alfili tek Rrbddiafier, pareau and aM atrr person or entity in whkh dw grantee
has a fimrcial interest or whkh has a &wdal myna` in the grantee arising Rom
or attnbutai o operation d the able W um irrludmS leer no limiled o the
k8ming'
1 Remue Rom all dwp fa servim guided to &&cri m of
enwftinercrt and rooemena wmit sanwm indudiry lamed
a0mem bas:
2. Revenue Rae all char" for the inenion of aomm emw
m6adu nwo upon the able n*m
3. Rrmw Rom all dAnp for the leased we of SU&M
4. Ravr" Ran all charges for fie uWall" Mwectiem nd
• tdoownem of egalpmpt neommy for dye ublivtloa d the
able "em and the pmt ion of •bserber and Wee ImicM
atd
3. nx uk of abk+roring or my p vgmm ming dt+rjoped bt
m munity use d i WbAlanal users.
i
Gros mvmt stall Wu& %vjw M tau price leads, the Value of am goods,
9mieer or other mwm uft in nommmfty form ttzeivld by the grudee of • odm dceCt3 oboe` in ootuidanuiae fm perfanurnoe by the grantee at odien O •
drgwkw above of any advertising of other serum In emnwom with dtt able
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t)scm Orou R corn {I191t 001 kxhtde oominer &Mt& W %n& to ab=6m
by Ut Imue, abrnbct aooamu whkh titre in arrem and are deemod
wxollowft (dc) by ymeratly woeplod aoooutttlny p w im or items excluded by
the Federal Cable Communiadom Ad of 19x4.
A. Computation and Payment of Franchise Fen
According to the correspoodertce from Maraca and related discussions:
1. For the period of time beginning when the cable television EaneWse was transferred to
Maras in the fourth quarter of 1995 to Decarnber 31, 1997, Marw hu been paying
franchise fees to the City on a quarterly basis u prnaibed by the 8tanchise;
2. Maras hu compared the franchise fee psymana by m Wplying five puoent (3%)
times the aottud am" of Receipts collected by Muss from strbscrtben in the City,
inctudirtg franchise fen and excluding Saks Tax; and I
3. The total of the fiancNse fee p mans made to the City for the above referenced
period of time are outlined below:
Moats Eels .~tCFgYiid
November 1995 $28,062.82
Docanber 1995 $32,346.69
January 1996 $25,707.76
Febntary 1996 $27,218.94
Much 19% $29,735.18
April 19% $31,049.94
May 1996 $31,62420
June 1996 $28,14802
July 1996 $28,28604
Aupd 1996 $32,22153
September 19% $32,183.45
Wober 1996 $32,243.79
November 1996 $32,90184
i Doom" 19% $31,10000
Jarswy 1997 $31,277453
E Febmary 1997 $32,55231
March 1997 $33,33464
j Apri119" $33,487.11
May 1997 $31,811.75
June 1997 $34,73650 G
July 1997 $34,967.82
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August 1997 $34,581.52
September 1997 $34,066.26
October 1997 $34,304.61
Novanber 1997 $32,9i8.03 "
s , December 1997 $28,462.71
IL Paymenb Received By City
I request that the City check to be sure that a hr&-se fee pays: mt as ol:tiined above was
received. Please contact me if you have any questions,
C. Conclusion
It appears that Mama has conWed the fi'ancldse fee pay nerls by multiplying five
percent (5%) time the achW amount of Receipts collected by Marva excluding Sales Tax
D, Observation
Federal law allows City to regWm cable Wevision operdoet to oollect fi'ancl m few not to
exceed five percent (58%) of gross recelpu of the cable television operator.
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FTiOFRANCHISE AGREEMENT BETWEEN THE CITY OF DENTONAND MARCUS CANCE NO, tl&ER --RELEVANT REQUIRMEN] S) OF MARCUS lest requirements inpin this colif naesseryPkase refs to the shove
referenced Ordinance when using this Franchise Comp:_mce Mobi.r_
- - _ --PpNiIrentfy nol in
A-N Appliccosmblpe
G ~ 111 [kfutitiats
IV Of ant of Aut2ari
N/A
- _
V -Policy Power -
VIA Vl _---NIA
thantoc Mull lure canpkte-Iv~adod it initiated Cable Sy~lan whkh ha the -
caQacity_ofdelivering iix video rJwuteb ova 430 MHz bandwidth _R Gran_tee
0 _ _ eha!-I use it best efforts to maxlmife wage of such ~aci wilh none-pu licatcd
video chsruxts. _ _ - -
- Vtb _ 0i~ shall exercise it bat jived frith efforU W expedite cauwclion of the -
Coble S skm Up jrade -U-MM-M&. to meet the following achodule: L
l L Submission of all applications by 7 1990. s Rev yew Securinj _&Ilaulltor(nticou l. jg90 -_Revlew 1b~3Z Ca
st Wcst of all the Upgrb~Novanba I,1993MOZ to Irm-urnit vidoo voice, /r: dais sarvicei In two dcctiau simulta~ xwly.
sa vlea rall be instituted canistent -_-.-_with law R when
-fwibk,provlIt 1 be Gnotoe's bmkn to demonsVatc to the 0 uGsfactkm thY it b not fe---- _
institute such two-wa service.
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Grantee AaIl have completed the iretellstioa of stenkp at the kadend - - - -
- - b Me II 1989 -
Grantee shall maintain such powor sources to all CableStem for st lust two haws I _
Vl~b 6Z- - Grants shall orcivide the capability for insertion of vidw pMw ming A other---
video voice, all data messages into the Cable S) stem form the following points
- Central Fire S _ _ - _ - - --Appurndy,nat requestal
Service Caster. - - -AppuenUy,_notrequatod
_ Pdice Sullen, -APPIreA~'e_not rcqucsted .
- Lt_, -yr _ Apparenm tl not requested
and Civic Center. _ _ _ _ Apperentlytral re2ualod
Grantee shall completed easstruction of such cable lines net later than November
1, 1993.
- - In addition, Grantee shall provide a antral insertion point for the Cable System
within the City
_Vlb~ Grutta I 6y Novcmba 1,1993,provide A mainain two recess channels _
-----T---
- education access
Vic__ --i_---.__-- Grants shall submit specs for Upgrade by March 1 i 990 N/A
VI[ _ [ndcmruficoliaa -Guruce - Grants shall hold City_hemdess_ __.__---v.-----
- aid shall carry insurance with wtrwv es qualified to do busine+s in Texas in
- an owts not leis than ftse ad forth in Cable Ordirunce At Exhibit 1 to this Ord - - I-_
VII] Complain_t Proced_ure N/A
V11Ia Grants shall maintain a business office in Denton _ - I -
VIilb Grantee shall a4blish prooedurd for rouw atcting upon, resolving cam lain s- r -
the City to the satisfaction of the City MvWjk the proposed-initial
prodo&m - _ dull be submitud to the City Manager. _ I
Orwoe shall provide written eotia of such pmoedura to subs owe a year. - I
-Ville Orantee shall rapatd to mylaints shade by Ow City of subs prmV4 At,
_ sibleI ro give within 24 boon
- Grantee dull maintain axgW, detailed maids relating to Its muntenena •
operavtiat of the Syt<tem wMch shall bewail~ble for le.;ooction by the City _ . _ _
V -squat-Gan C- ty, Orsnte "I mood to City In writing within 24 hom.---
regarding±ny oompldrrt wW takes kxrga ~h,aa ON we& to resolve------
Vllld _ Chsnue shall provide a loaf, Id-I•frae y4hooe savka far subs complaints
- - to be answered 24 hours each day in amordaw with Exhibit 2. 1
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Such number shall be dis I on the first a of the bills R in the tel hone
dualor__
Ville Grantee shall provide at lent 10 days written "ice pnor to disco gnuarrce--_
of service to sty sub.. I
If Crrantoe hn impr_oprr__ly.disomwtod service, it shell reconnoci for fro , i - _
Villf - - All representatives of the Grants shall wear photo-identification badges
VllIg Grantee shall provide dvsnce notice in writing to the resident, of any private _
prcip~q prior to entry, %ben reasonable - I
Vllih Grande shall notify subs in advance of the expected time of !q_suv_ice visit to
subs premises, I. Such notifiction shall sriwi whether before or titer noon t
- Grants shall aea~nuao late subs reyvd,ng before or after nowt ----1.----
Vllli - _T Grantee shall annually rovide subs & potential subs with a canp!cte list of
Grantee shall establish It maintain mfGciea telcp_hone lines d ersorukl so rs -
to not delay wms mbN the answering of all to pk hone Is 2..__._.
_ - The City met cede liyuidued dame Y~ a u
Maintenance provided for in Section S of the Cable Ord, -
---I}(-.- Comtruclion g.
+ IXa - All eau meet aocted by Grantee shill be to located a to cause minimunn
_ interfaerrce,.. - I--
Exis ' pole will be used whore possible I
Grantee shall not disturb the surface of a<rrYstreel etc. vrithout runt obtaining
- a Peimil for the City Not part of this Review -
- - Grantx shall r oluce aL disturbance _ Not part or thls_Review
IXc Grantee shall prove its 5y!tem At its - own ex for City projacu mart of this Review
Im Grantee shall Permit the moving of buildings Nq pAq of ihis.R_es iew
axe Gnntic xWlshell keep m equipment in a afe condition _ I
X Construction A Extemion _ This Sadm outlitta the line extension policy _ _ _ l
XI ComMrctiun [land Required Sets Comwaion Bond In dw w otutt of SI million that can be tamiruIedd § Ciy
_ X11_ Govmin_g Law-_-_ N/A
• XIII FruohlaeTam Sets tam of Isywi,,,----- N/A_ gf
- XIV- Renewal Procedure _ Renewil procadurnn u pa Federal law N!A
~r 7vV Pafonnence_ReviowVf SqPa famanceroviewinseventh eu.__ NA
fhmtee s rota to inew the cos-ti of the evaluation & the City s ucensinmerA of
- alas cwrad cable-rclaW needs & intereeu within oatain dollw limits 7 Y
The City shall ide Or" with the rw w of three national i,~4
Papa 3
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independent cable television consulting fumes and the Granla, to tha with the NIA
- Guy, shag select one or the throe consultants toperform the evaluation.
Grvdm Na that such costa arc in tdditioa to no to be deductod from `
XVl Securi Fund the franchise fees due the City. -
- - y Section sell Saun Fund for the faithful per-nor ee by Grant_oe of the Drovisions
of the franchise ,
XVII Li uidated Dames -Request City to clxxk
Section a I'm the procedure for and the attwuub of liquidated damages
I -iried in the Cable Ord.
_ XVIII Forfeiture = outium N/A _
XIX Transfaa Jx C for forfeiture cwGancbise , - NIA
_ Section oudinesproemuresfortru franchise,..
_XX Franchise Fee Section outlum terms forcalculation a - _ Ndpait of this Res icw
- XX[ Rata aY~ of franchise fee I - - -
_ To the extent Numittod bYlav+, the City mey regulate rata foes a char _ -
_ XXII Access to Services A Facilities Grantee shall -~apa!1 olthis Rn iew
provide tlne minimum= range of service required Goat time to time
the FCC without linuting_ti foreesoinL, u~blicl educational. a aovernrmenul - - -
use ClWnilela In aocordanu with the for !LWAM corwitlona' - --__-~_.-I
- Grantee shall rho {dc dC maintain rive
The chwxls !a -
XXIIb _.JkJwpM!nnin_g~ l 1/1/973.. Not asked for 3 - -
three initial charvnels shtil be for Univ. of North Tc7w~Tew Woman's
UNV , Public Access/Local
-
The Org
Xalic - - - - . -
channels in a shall be made awilabk for ran Some changes - -
_ oanmercisl use W
'++ii
Ru e~3 lp Kama wuha,t charg=e in ~ccaduve wish the rulai.. _ _
X}clyd les shallbe eslablishod the alive ellort of Ci 6t Grants re srd n - - -
- MOMS „ -s -
_XXlle _ Outlines dies to resolution
^ XXllf _ ngv aoass wad Chanloe - N/A
- Grantee shalmide A/B switches a W boxes etc..., -
_1~- - _ sub -_to Section S Of the Cable Qrd r Grantee !grea to provide reasonable
- °~nuDrnau to be used by moms uses" With the aid of technicd a waduetion - -
sta11'b be idod by tk able sawn,
w th - ---7--.-_
at cat, store Mum for lour ahowing shall be provided
- - Grantee shall make available a anaatly located audio to all Noses uses oe a ~
•
Gretee shall provide tlte~rndu sgwPrr MI a facilities delignatdd in Exhibit 3. ~I - •
- I
icxrrh AUw~ntnant shall be maiaurrned a replaced Grantee -
Graf dce b conk k to maintain a loco! _ --1
egwpe
drat specified ti Exhibit a shall provideata «
---artuninngahtda as fa trainin of tlta -'ni___~ - _ - _
Grantoe LW a g--puptic in the use of -
uares auc5 aainl a ab~ ~ ~
ll oadue t~ T
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Gee training sessions not less than once each three mm& _ ?
XXlli _ Grantee also agrees W provide an irWroctor & the facilities to train, without charge,
_ - orrc~ per )M potmti,! r Bess users throuh sessions otTaad through the DISD.
XX31' Grantee shall atabliskS rules & rates if necessary to insure that the studio is
available in an uau manners that Grantee shall not c__Sc for use _-_-i-
of the public & oducatiord sooess channels tWess City hu approved the charaina r:rt proposed f{Y__
!OCllk The PrOViSK'S of 47 US.C. X32 are incorporate by refera=
- - Grantee dull undertake any At atl construction installation oecessmy to keep r_-
, u in the - -
carrell with the local to 1ur~ ,a:a1 & eowmicalhy feasible dcve!5pm
stau-of-thran rabl: tekvision, WhMha with respect to increuing charuxl Capecity,__
developing ahv_ec vices, & instituting two-way service or arty other stateof•the-aA
Grantee i'/ca1 agrees to mmp}~with Section S 1/2.93 of the Cable Ord.
a7R11 Emcrp~g Override Grantee shall ov de At mainuin the equ_p_mdrt necessary for the City to mainuin
- _ an emergaKy slat system to override, by ranole oonLrA the audio and/or
video signal to transmit a message. regrading a emerIM over all able video
_ _ channels simultamoously. _ t
ro'. Grantee shall desigrote a channel which will be used for energar{q iMOadeaall. 1
- Grantee shall provide a remote dau termin 1. ulephare lines, modems, cables
_ other items nodded to adequately wpph this aavice. I -
_XKtV Program Mix -
)OaVa Grantees to We programming the maiwArA the mix that is
pmsently
- ided & listed in Exhibit 4.
A XX1Yb _ - - Section outlines additional prograrnming that Gr:ntee is tnLrovA§yNov, 1994. Not a part of this Review
XX1Vr, Grurla agroa to producer a minunan of 4CJ boon of krcal origination p%r Ynin - - -
- mmWly, One hla>ernd hours of alrh_procKatstrni g may be supphed from other
- local origination sowus of Grantee.
- - -
XXV Farce !.~a' a N A 1
XXVI Notices -
0 -XXV11 Sa ' _Chaase NA
XXV111 Confii im Ord. & Res. - - _ _ t+/A
X51X Fea C6.dines Cocain fees Qtat Gnraee was to pay in 1989. _ Not s part of This Rev ICw
XXX p t of Taxes --Not apart o[rhis Res"
XXXI Non-liability _ - ---_--NIA
XXXIi Waiver - N/A
Faye. S
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FRANCHISE COMPLIANCE REVIEW • CITY OF DENTON, TEXAS=--'
_ TRANSFER AGREEMENT BETWEEN THE l1TY OF DENTON AND MARCUS CABLE
ORDINANCE NO. 9S-191 & ACI EPTANCE WREEM£NT
SECTION SUBJECT MATTER RELEVANT REQUIREMENT(S) OF MARCUS-T STATUS
A briefs of the rckvaM rcT4rerneuts iw Drovidod in this column, if wmLv
Pkase mfa to the above refauxW Ordinmce dr Agreenrerd when using this Frurchise Compliance Mstrix.
Provided below is a review of the A - Agrmrtetu
I- A panntb- in wmpl*ce-
2==Apparently not in complian"
- A N/A=No( App! !ble-_
D Cwtoma Savicc -
D.1 Mwvw wAl comply with the mtww wvice nrles of the FCC
D.I,a defuas normal business bouts
D,1, b trmfa to or wwaingby a voce mail oyaw dm not constitute wswain
D.1 c - - Mmew to twMe quvw~y or nm to the City rcs Marcus'
_ - a~faromee to such standards
Did rsT2! mall sbow 3 we the tekphone wig originating from vcjthi the Co if
avaJabk - i
• D.1.e- - rworu to sbow Mucus' pecforwnce
outlaws li uidaed duns That avey be assessed if Mrrctu dos not mod certain
- stadards - NIA
- D 2 - In the eveat of chm of FCC custom audards -
p.i Ci adopt ewtww savior mmitiowa... N!A -
- DA Marcus will pn* At minirmtm the mw ~uslity of cwtowr services that
• Smnn m was td_u_+g R othw i ffbi bk
D. 45 On m WMW basis Mum will provide certain info to the
pi+ DA.b and such other info as the City reaarub roquuu relating to cwtoma _ _
wvkemattas... ?
E Signs Qwliy
E.1 AU tea ' for ima with the FCC WJmW standards shall be done a - -
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ersm with the nooessary expertise 2
E.2^- - U om ff_q!! t Marcus will proside the City with the written report of rich
- testing - _ - ?
E.3 establishes omylaint aediae N/A
-EA Marcus shah nett its subs of the car. P!!T nj 1
ES U Mum will do certain testing _ N1A
if test show wacoWhvm, M!Lt s will brkjs"tao into cartpliame within _
- ISO days N/A
_ F Prior Dcfaults defaults not waived - N/A
G Validity of Frmchise Marcus wxptt existing franchise 1IA-
H Service& ui for
Public Facilities HL' Marcus will a ntinue to provide the umr service to public facilities dr as required _
bycurratFranchiseette
H 2 _ At City r recLuest Marcus will provide to public fsciliM identified in the Franchise
etc. the hi rests level of service without chuge that h Mvida to uy odw
canmuni in the Fort worth crew ?
H.3 Marcus will riot pus through the costs for service to public facilities with again
'.o' _ cxception7.,. _ 1 _
- EEO Matter - Not span of this Review
1 Aceeu to Res ards Not s art of this Revrewu
1 - K Fr r Nat s Dag of M Review
L Tra nsactioo'f ru pri rmt
_ to Rata Not a2art of this Review _
• M Other Matters _ _ Not open of this Review
N- - section rcEkq future rtes - Not s part of this Review
_0 _ OdwrProvisions
_ O.a Mum will pron rim ide 1Fe capabrhty for maation of video pro unmino do
other "door voice ate lots mass sumo the cable glum at the pouty ~ the Cites
required under the Frachise ctc.... T_
i -6b- Maruca will dlaute one of the five arias chamch provided under the Franchise •
to the DI S D when DI SD is to use it - T
O.c Upons MTJu , Ma-mus_ will colko fmm subs a pay to City s mombly amount
_ of no more than f 50 for fmmmcc ing_bW access activities.. NIA
O d Matra acapts -graaa_ a to pedorm-the e obbgaum of the CATV Pok Lease -
Aymned of 1919 dt other the Cable Duct Use A of 1983. Not a cat of this Review.
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M I B1 4,1RClS CUii.6 CVRMR%R.: 8-1: W3 11:19 + MARCLS C.U41. rikl411 - s 1
GMarcus Cables
August 7, 1998
Mr. Charles GramGch
Charles Gmmlkh & Associates
8105 Chardonnay Cnve
Austin, TX 78750
Dear W. Or mlich:
The following is in response to your later dated July 28 regarding the raid-term review of the
City of Demon's cable television franchise agreement with Marcus Cable,
In regard to the text of the review, it has been noted under general techakal performance did the
"cable operator hm not been perfuming the Proofof-Perfo mmm testing.. Whih mo proof-
of-perfotmance tests were completed in 1947, there were tests completed in 1996, and we
anticipate the 1998 testa to be completed by the and of this month.
In regard to the plant stabstica, the brealtdosm of aulomas is as follows:
Denton -19,263
Lake Cities - 3,573 (includes Lake Dallas, Corinth, Shady Shores and Hickory Creek)
Statistics by fanchim area we not broken oat.
k response to Ike questions on your ttamdet sgreernebt martin, our esbimses are as follows:
D. 1.b. - Answer time does not include answering by a voice mall system.
D.l.e. - Service Miebility reports are subtuitted to the City monthly.
'j
D.4. - Maras Cable hu greatly improved service since acquiring Sammns. A formal tra4in8
pro87am has been implemented, the phone and computer systems have been upgraded,
and additional staff has been added
D.4.b. - See D.I .e. above.
K 1. & H.2. - Musty Cable currently provides eabk service to public fedlitia.
O a. - Marcus Cable will provide the capability for Insertion of video programming at certain
points to the City upon City's request
O. b. - Them D has sot mquessed a channel.
's9rr
2411 Turtle crook BOtltevara rune 13M Dodos Tetras 76219 O14} 621.7E96 fmt C214) 626.2164
30
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S11t BY:14ARV S C BN,E CORPOR%It:; 8-1:-96 11:18 ALUtC15 CAHIF OR(L. P- 'M '1,10
Mr. Charles Omolkh
Page Two
In response to the questions on your fimm se agreement matrix, our m*Onsea Ara a follows.
XV. Marcus Cable agrm to incur the Doan of the "Ution, and per FCC guidelines will pass
through any coats defined to be extemal.
)=S. - Mmvus Cable auttmQly owns and operates a Ad"f-the-eat video paodocdon facility.
The studio was teantly rdoceteA and upgraded. We are willing to provide traiuirug
upon request i
}C}QP. - Marcus t„abk don nd charge lix the use of P60 ~annela
r'
Additionally, pkase find attached the ntatedal you reglsated regadiag our phone stadsdcs and
hedeod log.
Pkau feel free to contact Mwpm Moaetey shmM you love any 4uatima
Sincerely,
Kateo Yumhuck
District Manager
F1lcbsutes
cc: Margaret Moseley
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Jin Eotil ~M1dnd uMw~nd ]~6~ ~~N,C AVWT~
HOURLY SYATEM in
- 10:0041.00 ~f
01-.! 02:00 fe
0Z :0c:00 27
_ 0.004_00 14
04:0*00 if
08:001:0 11 _ _ •
'
7:OO4:00 .-0o
1:0 111 ' {
--010.00 1400
10:00.11._0 ~ . 1321 j
11:oa~ 1170
d , 12:M4,,0Ps_OOiA_ 1483
Iva
d ~•00.2~
1
i
` _ 4ib0•i7~- 1103..__.
6'004:00 102!
~ f00•Ic~O - - 42~• ~
1,004.00 2M
w t ib•00`
10:00.1- 1z0- 110 •
11:00.13:00 _ 103
Ike TOTAL 11311
s
PHONESIMM
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Customer Nrv of N1YIC~ d2pf.
Feb 0oN1 ibndnd_ urw~nd 20 MC YO.TALK
17 646 131 13.747 44%_ 01 _W
HOURLY BYSTEM TMTY
0T00$4o00 64
01:0044:00 ---36
02:00-310 71
02:004A0 1
ADO 16 -
7-
04:00-7.1m 37
7:004:00 x11
ihmi O 1114
1:0"0:00 1612
w _ _ _ 10:00.11:00 -------14"
11i 1] 00 14M
d.00.1:O0-P 1617
1:00-2:00 JU3
2:00-3:00
~Ori:30~ 1122
6:004.00 ~ 1141
6:00-7:00 747
- 7:00-C O 464
to" M 221
- 9 Of~10:00 _ -
• 11:00.1:0~ 106 e
f TOTAL - 11Mi -
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ANSWERING T07Ai MSWERED
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14OURLY tYV M AC'IMrY MARCH
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624":00 13
Ob:00i:00 16
08:004:00 T
49
1:01'..x:00
a:oo4:00 ~ea~-------
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1:00.10:00 _ - iii/
11:0042:00
11:00-1:00PM 1408
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7:004:00
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11:0041:00 70 -
TOTAL
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HOURLY SY !M APW
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02:0)-3:00_ 19 oo i 4 4
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4:00~:00 1440
- 9:W10:00 1403
1784
2:0063:40 1007
' 31"-00 1T"
•
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HOURLY 8YBTEM AC__-_ MAY
00:0041:00 N1
_ 01:~-- N4
i 02:00-3:40 421
161 i
a --66:oaa:oo 41
OA:00.TR 1N
7:004:00 - 444
4:00*00 1444
i-04636__ 1744
14:00.11:00 UH
. 11:00.12tOr1--- -1M1
1621
2:OW: 0~ _ _ _ 1q7
2:004:00
2421
e x ~:6~i:o4 .
4:40~T:00 12,2
7:004:00 - DST -
8:00.4:00 Nt
_ o :00-10 00 ` 720 -
W66:7 - is
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TOT C . 24,21 •
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Title
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Urgent Information
Requires immediate Response
Call Upon Ardwill
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For Your IMomiation
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AGENDA INFORMATION SHEET
AGENDA DATE: October 13, 1998
I
DEPARTMENT: City Manager's Office
CNI: Michael W. Jez, City Manager
SUBJECT:
Receive a report, hold a discussion, and give staft'd;rection regarding a proposed application for a
cable television franchise by Nortex'Telcom 11.,C. including approval of an application form and the
establishment of a nonrefundable application fee.
BACKGROUND:
Nortex'ItIcom 1, 1, C. has approached the city about obtaining a franchise to provide cable television
service to part of the city. Nortex has requested a franchise that is significantly, different from the
franchise currently in effect with Marcus Cable. Nortex has asked for a franchise that would give
them a limited service area instead of being required to build out and serve the entire city, 't'hey have
oleo asked for changes to the existing franchise and cable ordinance under which they would not be
required initially. to:
I provide a studio for public access programming,
2. provide set ice to mun;:ipal and other public buildings, including both universities,
3, provide an office in Denton for basic customer services.
4. prof ide back-up power for its system,
5. submit the entire security fund deposit of 565,000 until they have over 10,000 subscribers
'they have asked for a phased-in security deposit that would grow as their :cumber of
customers vrows),
6. broadcast announ;emepts for public hearings on rate adjustments on t"o channels (the), are
I,roposing one).
7. file all of the reports H ith the city that arc currently required by the cable ordinance,
ft. prof ide local origination programming.
9. extend lines into areas already served by another cable company', except at their otvn
0 discrct::m, and
10, meet all of the insurance requirements curr:ntly required by the cable ordinance and the
fvmchise with Marcus, specifically that the city be a named insured on their policies.
I
Nortex has proposed severol ways of dealing Kith sonic of these requirements, such as phasing in
some set ices as [heir mmiber of subscribers reaches certain predetermined ihresnolds, or paying a
shirr .d \lurcus' cost for prof Ung public access and local originatio t programming. In other areas,
they hacc rcqucsled that the city alter the existing cable ordinance in order to change various
requirements. Jo support the validity of a limited service area franchise. Nortex has submitted copies
of limited service area cable television franchises which the cities of I'm Worth and Burleson have l
recently Granted.
The appruvat of an applicuti~ orm and amount of a nonrefundable application fee were brought to
the City Council at their work session on August 11. At that time, staff prollsed an ordinance
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approving an application form developed for us by cable consultant Charles Gramlich. Staff
proposed that the amount of the application fee be equal to Mr. Gramlich's fee, $5,000. Norte-', I
basic request is for a franchise that would not require them to serve the entire city,
City Attorney Herb Prouty r commended working with a nationally recognized attorney in the field
of telecommunications law, Adrian Herbst, to determine if a limited-area franchise would be legally
defensible. This type of franchise would not entirely be without some legal risk, since Marcus may
challenge a limited service area franchise as indicated in their August 4, 1998, letter. Mr. Prouty has
reccivcd an informal opinion from Mr. Flerbst that it may be possible to draft such a franchise.
Mr. Herbst estimates that his fee for reviewing such a franchise would not exceed $10,003.
I herefore, if council should approve the application form under consideration and direct staff to work
on a 1im°tnd service area franchise, the amount of the nonrefundable application fee would be
S15.000.
Federal regulations prohibit cities from being "barriers to entry" to new cable operators. These same
regulations require cities to be "nondiscriminatory and competitively neutral" regarding the awarding
of cable franchises Franchises do not have to be identical, but they should be comparable to one
another. The council has the following ortiom..
OPTIONS:
A. Approve the proposed application form for Nortex along with a nonrefundable application fee
of $15,000 and direct staff to hire Adrian Herbst to create a legally-dcfensVc franchise which
grants the changes that Nortex has rcquesl-!d. This option would also entail making numerous
substantive changes to the cable television ordinance. In the opinion of the city attorney and
your public information officer, this option exposes the city to the greatest amount of risk.
H. Approve the proposed application form for Nortex along with a nonrefundable application fee
of $15.000 and direct staff to create a legally-defensible franchise which grants certain of
Norlcx's requests, first and foremost for a limited service area, and requires other existing
conditx,ns to be met or sonic financial consideration to be paid to the city in lieu of meeting
these conditions. 1 his option still has inherent risks to the city, but fewer than Option A,
C. Apr*ovc the proposed application form for Nortex along with a nonrefundable application fee
of $5.000 and offer Nortex the same franchise currently in af'ect with Marcus Cable. This
option places the city on the firmest legal ground of the three options. If this option is chosen,
Nonce would probably not apply for a franchise.
STAFF REC'ONINJE',NUATIONt OPTION C
• It is possible that the city could face litigation from either Nortek or Marcus regardless of what is
decided. I loMW. this option is Abe least risky fer the city. It also follows more closely the intent of
federal regulations, which rec,uire cities to treat cable operators comparably. Finally, it does not
create a barrier to competition. since the city would still offer Nortex an opportunity to apply for a
franchise.
• PRIOR AC LION/REVII;N' Wouncils. Uoards, Commissions):
O •
The Cable Television Advisory Board has been briefed on this issue but has not formally made a
recommendation. Ira completed application form is submitted, the Board will review it and make a
recommendation to the City Council.
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FISCAL INFORMATION:
The amount of the nonrefundable application fee (either $5,000 or 51500) would reimburse the city
for its outside costs associated with development, review, and issuance of the franchise agreement.
Respectfully submitted: j
B y W: ams
Assistant to the City Manager ;
Prepared by:
lbl~ ,
Richard Foster
Public Information Officer
Attachments: letter from Nortex dated June 30, 1998
Letter from Marcus dated August 4, 1998
Ordinance and draft application form
Letter from Nortex dated September 24, 1998
City of Fort Worth Ordinance No. 12865
City of Fort Worth Adopted Ordinance No. 11089
City of Burleson Ordinance No. C-497
PI1llC ebIITWApcndr Nonet. d+e I
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Nortex Telcom, L.L.C.
205 N, Walnut Street
P.O. Drawer 587 Muenster, Texas 76252
Phone: (940) 759.2251 FAX: (940) 759-5557
Jure 30, 1998
City of Denton
Mr. Herb Prouty
City Attorney
215 East McKinney
Denton. TX ^6201
Dear Mr. Prouty:
Nortex Telcom very much a jpreciated the opportunity to meet with you and your staff to
discuss the City of benion's cable ordinance and a proposed cable franchise fc- Norlex Telcom,
Inclosed are Nortex'Telcom's comments on the existing cable ordinance. These modifications
should give competitors an opportunity to enter the Denton cable market.
At our earlier meeting, we discussed having a Council work session July 28 and reading
on August 4 and 18. It appears that the July 28 date conflicts with a schedule business trip, so we
suggest trying to schedule the work session August 11 and the readings on August 18 and
September 1. If there is a way to schedule a work session prior to August 11 we would be open
to other dates.
Nortex Telcom would like to proceed with the development of a franchise agreement
simultaneously with the modifications to the cable ordinance. Please let us know if this is
possible and how to best proceed. Norlex Telcom would like to execute a franchise that is
structured similar to the city cable ordinance if it includes the proposed modifications and does
not impose further restrictions. 1f you feel the modifications to the cable ordinance may be
workable, we would like to begin work with your staff on the franchise agreement,
Please review the cable ordinance comments and let us know you feelings regarding the
proposed changes as soon as possible. We would like to set up another meeting or conference
• call to discuss other issues within the next week.
Please contact Alan tcohmer regarding comments. questions or dates for a meeting.
1
Sincerely,
Alvin Dl. Fuhrman y •
a Qi ~ 6 @1 Q~ President
Lra
±l! l 0 7 1998
~tTy OF DENTON
LEGAL DEPT
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Nortex Teicom L.L.C
Comments on City of Denton Chapter B Cable Television Ordinance
Article It Sections 8-31 and 8v2. '
The general tone of these sections seems to infer that they relate to the appi.caticn of
several cable TV applicants with the selection of one to serve the city. Nortex can indicate the
lirst area it wishes to serve and the approximate start dale but it will not know what additional
areas to indicate until new developments are planned and discussions begin with potential
developers. I low much is tke nonrefundable application fee, svhy is it necessary since the city
tit ill be collecting a franchise fee which should cover the use of rights of way and cost of
regulation?
Section 8.57(g)
Nortex does not believe it should be liable for city expenses when it is paying a franchise
fee which should cover the city's costs for such service. At the very least, this provision should
indicate the grantee is only liable for any outside consulting service rr quired for such renewal.
Section 8.84(6).
The FCC has ruled that all inside wiring is owned by the subscriber, therefore the grantee
cannot remove wirimt inside a subscriber premise.
Section 8-85(c),
Vortex flocs not bclicse is should be liable for technical assistance needed for the city to
obtain independent verification of technical compliance. l his cost of regulation should be
covered by the franchise fee collected by the city.
Section 8-101.
Nortek will provide channel space for up to 5 access channels. Nortex believes that
ticction 8-141(k) of this ordinance should be used similar to the requirement of Incumbent
I clcphone companies to interconnect and unbundle services. Nortex proposes to interconnect
with the current cable provider and purchase the use of these programming facilities at a fair and
reasonable price at least until such time as it his 10.000 subscribers. for competitors to be able
to come into a market and provide access channels as part of its basic television service. it would
not be possible to recover the cost of such facilities or their operation with a limited number of
suhscribcrs. I'hc fair compensation of the current provider should prevent any claims of
disc riminatorv treatment
Scclion 8-104.
Nortex proposes to require backup pesvcr in a staged process as its system gtows. There
would be no backup power requirements of the grantee for less than 1500 subscribers, from 1500
to 3000 subscribers the grintec provide backup power at the headend and when the grantee
0 has 6rcuter than 3000 subscribers it sill provide backup power throughout its feedersystcm C •
within I' months of reaching such subscriber level.
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Section 8-106.
Federal law nolonger requires such a switch.
Section 8.127. '
Nortex proposes to require a security fund that grows as its system grows. It proposes the
follmoing tiered security fund:
0 to 1000 subscribers $101000
1001 to 5000 subscribers $25,000
5001 to 10,000 subscribers $40,000
Over 10,000 subscribers $65,000
Section 8.132,
Nu,tex proposes w rcguire an office be r aintained within the city when it has 1500 or
more subscribers. II will make its best effort to provide convenient bill paying locations and if it
requires any conterter box or such device. it will offer pickup or delivery to accommodate
c vstomers it it doesn't hate a local oftict, It wi!1 at all times maintain a toll free phone number
fx its customers.
cction 8 13
Nortex All] maintain a log of complaints for all written or phone calls which specifically
state that the customer wants to register a complaint.
Section 8.135(e).
Reference should be made to Nations flank or some other current bank.
Section 8.136(b) 2.
Nertex recommends the announcement be required on at least I channel.
Sociion 8.132
Nortcx suggest the addition of a statement such as "as permitted by federal law" to corer
instances where federal last may prevent reyula-ion of charges if there is ef7eetite competition or
:han¢cs in the lase.
";cction 8.141Ib).
Does the city want everything tiled with FCC.' This is an administrative expense for both
Nortcx and the city for very little value especially for such things as copies of fees remitted and
A copyssrite filings Perhaps leakage tests or complaints are more valuable.
Section 8.141(c).
Nortex does not belicte munthly reports should be required of any provider unless
customer complaints have provided clear evidence of noncompliance with franchise
requircmlcnts, "this is simply an administrative expense for both entities. Some of the items that
Q ire included in the monthly reports would be considered confidential and provide cntmpetitors Q
with information that could he harmful. Such information as customers, custonters type of
service, homes set%cd and c% en information regarding outac:s and customer senice could be
used by a comipetitor.
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Section 8.143(1).
Nortex believes this should be limited to public buildings within areas in which Nortex or
a cable provider has cable service. It is not economically feasible to require service to public
buildings throughout the city where it could be miles to the nearest cable service of a particular
protiidcr,
Section 8-1436).
Nortex would provide servi.e connections to the two colleges if it has cable service in
their campus area but does not believe it should be required to serve there until such time as it
has facilities. Nortex does not believe it should t r required to provide more than one free basic
service within any campus residence or multiple dwelling unit.
Section 8461.
See comments to section 8.101 regarding local origination programming.
Section 8.162.
See comments to section b-tul regarding access channels.
Section 8.181.
Nortex cannot predict which areas will have new, development or the timing of those
developments. It does not c,arently plan to build service into areas with existing cable service.
Section 8182,
Nortex proposes to amend this section to require extension into a contiguous area served
by grantee if such area is n.' being served by any other cable provider. Line extensions into
areas currently served by enother cable provider or which are not contiguous to existing areas
served by tFe grantee would be at the grantee's discretion, New entrants into the cable market
it I not be able to overbuild all existing cabled areas.
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- Marcas Cable
August 4, 1998
i
Mr. Richard Poster.
Public Information Officer
('it) of Denton. 1'ex"s
Municipal Building
215 F. McKinncp
Demon. I X 76201
12e: Contpetasise Activity
Door Mr. Poster:
As you are: are, Maui us Cable is presently the provider of cable television services to
the ("ty of Denton. We overate pursuant to our franchise agreement, sihich expires in 2003. We
have learned that Norwit. which the Oty of Donlon has recently granted a telephone franchise,
has expressed an interest in obtaining a cable television Oanchise in Denton as vvctl, Ale also
have reason to bclicvc that Nortcx, or an a tiliate of Nortex, has already placed nea,-ly, one m,le
nC cable lelesision plant along with ns tscphonc plant in a residential area isithin Nonex's
telephone franchise area. 1 am ssriting tc express Marcus ('able's position regarding Nor;ex's
rossil•le exransion into cable Me%ision service in Denton.
Marcus ackri ledges that its franchise with the City ofDenkut is not exclusive, We also
rmdeeaund and upprecime Congress's cnmmitmem w competition in the cable television industry,
fn orucr to bane truly cllwivc competition. Nosier. Itlarcus bc•licees that where there is more
• (Ima one k:i lc p:os idcr in one area. all providers should h treated substantially the same by the
local Pratt chising authorit). I it that end, Marcus would expect that any franchise granted to a
cable competitor in Denton a ould contain terms and conditions. many of cshich are mandatory
Wgulutory burdens and exrcrtses, thin are equix:Icnt to those contained in Marcus's franchise
agreemcn; ,%idi the City of Ih•111on. h,spccialiy i ip,rrtent in this regard "ould be the requirement
• that Norlex. or any other cable provider desiring to operate it Denton, construct its syslcm to
cosur the same urea serviced by Marcus.
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2911 lurtle Creek Boulevard, Suite 1300 • D llcm Texas 75219 • (214) 521.7898 • Fait (214) 526-2154 I
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Mr. Richard Foster
August4, 1998
Page 2
Regarding any cable television plant already placed, I would like to Lmphasi,?v that. as you
know, §621 of the Cable CCOMMUnications, Policy Act of 1984 (the "Cable Act") prohibits the
provision of cable television sen ice without a franchise. Because the first step to the provision
r f cable television sen icc it the construction of a cable system. an operator is thereto, a required
by the Cable Act to obtain a franchise before construction of a cable television system.
Notwithstanding None.x's "ranchise for telephone senivc in Denton, the Cable Act requires
Nonex. like any other cable operator, to obtain a franchise before construction of a cabla system
in Denton.
r
Marcus iscommitted to pro iding continued quality cable television service in Denton and
appreciates the opportunity to serve our Denton customers. Should the City of Demur enter into
negotiations for a cable franchise with Norlex or any other cable operator, Marcus, as the current
cable provider, would appreciate notification of such activity, if yo,r have any questions or need
further inf~)rmation regarding this matter, please do not hesitate to call. 1 can be reached at 214•
521-8475. 'Thank you for your attention to this matter.
Sincerely,
dark Nicrmann
CC: Alan Collins "
Karen Yurchuck J "I
John Pictri
e
Stew (\lple
Richard t ;lcincr
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ORDIN A*'r'E N0.
AN ORDINANCE IN ACCORDANCE WITH SECTION 8.31 OF THE CODE OF ORDI-
NANCES OF THE CITY OF DENTON, TEXAS, APPROVING AN APPLICATION FORM
FOR AN APPLICANT FOR A CABLE T'dLEVISION FRANCHISE; SETTING A NON-
REFUNDABLE APPLICATION FEE ;ti+2 THE COSTS OF REVIEW, ISSUANCE, AND
ENFORCEMENT OF THE APPLICAND.v OF A FRANCHISE FOR NOR:LY TELCOM
L.L.C,; AND PROVIDING AN EFFECTIV3 DATE.
WHEREAS, Nortex Telcom L.L.C. ("Nortex") wishes to apply to the City for a cable
television franchise; and
WHEREAS, Scction 8-31 orthe Code of Ordinances of the City of Denton requires that
no such rranchise may be issued except upon written app ication to the City Council on an appli-
.ation fomt prescribed by the City Council; and
WHEREAS, the City has hired a cable television crn,ahant, Charles Gramlich, to assist
in thl, process of revicw'ng the application or Nortex, the issuance and negotiation of the fran-
chise and tmforcetnenl and related matters and, with the assistance of the City Attorney's office,
Mr. Cramlich has prepared an application fonn; and
WHEREAS, Section B•31 of the Code of Ordinances requires that eccn applicant must
submit a non-refundable application fee, which must be established by the City Council. to cover
costs of review, issuance, and enforcement; and
WHEREAS, the City Council deems it is the public interest to approve the cable televi-
sion franchise application fomt and to set a non-refundable application fee; NOW, THERE-
FORE,
T11E COUNCIL OF TIIE CITY OF DENTON IIEREBY ORDAINS:
~_WIIS) U That 1he attached fomt entitled "City of Denton, Texas Application for Cr.
b1c Television Franchise" is hereby prescribed, adored, and approved as substantially in the
♦ tcrris or the atta-lied form, which is made a part of this ordinance for all purposes, for the use of
any cable television franchise applicant, including Nortex, in accordance with Section 8-31 of
the Code or Ordinances.
SjC;1'ION 11. That the City Council hereby establishes a non-refundable application fee
for the application of Nortex for a ccble television franchise in the amount of the entire cyst of
♦ the services of Charlct C-aml?clt and Associates or other consultants employed by the City to O •
assist (lie City in the review orthe franchise application, the issuance and negotiation of the Iran-
chise, enforcement, and relareJ matters, which fee is currently estimated at iv,, u ousand dollars
155,00).
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SECIION 111, That the City Manager or his designee is authorized to request that Nortex
complete the attached application form and provide all the information required and such other
information as the City Cmincil may deem necessary to review the applicant's legal, technical,
and financial qualifications and its ability to meet the future cable-related needs and interests of
the City.
SECTION IV. That this ordinance shall become effective immediately upon its passage
and approval,
PASSED AND APPROVED this the dayof , 1999.
x,
JACK MILLER, MAYOR
AT1 EST; III
1EN'NIFFR WALTERS, CITY SECRETARY
13Y;,_~~
APPROVED AS TO LEGAL FORM:
HERBERT L, PROUTY, CITY ATTORNEY
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CITY OF DENTON, TEXAS
APPLICATION FOR A CABLE TEL EVISON FRANCIIISE
The City of Denton, Texas ("City"), is considering the request of Nortex Telecom L.L.C.
("Applicant") for a cable television franchise.
The City requests that the Applicant complete the following information for its use in reviewing the
Applicant's legal, technical, and financial qualifications and its ability to meet the future cable-
related needs and interests of the community in accordance with Section 8.31 of the City Code.
Rcturn three (3) copie3 to The City of Denton, Attn: Mr, Richard Foster, Public Information
Officer, Municipal Building, 215 E. McKinney, Denton, Texas 76201; one (1) copy to Charles
Gramlich & Associates, Attn. Mr. Charles Gramlich, 8105 Chardonnay Cove, Austin, Texas
78750 as soon as possible. If there are any questions relating to this document, please direct them
to Richard Foster at the above mentioned address or by calling him at 940-349-3509, or by fax at
940-349.8236, or to Charles Gramlich at the above-mentioned address, or by calling him at
512-342.7348, or by fax at 512.342.7844.
A copy of this application is available on a 3.5" diskette using Word is available by contacting
Charles Gramlich.
APPLICANT'S PROPOSALS FOR INITIAL CABLE TELEVISION FRANCHISE
All proposals received by the City from the applicants for an initial cable television franchise J
will become the sole properiy of the City. 11
The City reserves the right to reject any and all proposals and waive informalities and'or
technicalities where the best interest of the City may be served. I
Before submitting a proposal, each applicant must:
1. Examine the application documents thoroughly.
2. Familiarize himseinctself with local cc rditions that may in any manner affect
performance under the franchise.
A 3. Familiarize himself/herself with federal, state and local laws, ordinances, rules and
regulations affecting performance under the franchise, including Chapter 8 of the City
Code.
1 4. Carefully correlate the application with the requirements of this procedure And the
application documents.
The City may make such investigations as it deems necessary to determine the ability of the Q
applicant to perorm under the franchise, and the applicant shall famish to the City all s'rch
information and data for this purpose as the City may request.
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The City reserves the right to reject any proposal if the evidence submitted by, or investigation
of, such applicant fails to satisfy the City that such applicant is properly qualified to carry out the
obligations of the franchise and to complete the work contemplated therein. Conditional
proposals will not be accepted.
No initial cabl, Icievision franchise will be granted to any applicant unless all requirements and
requests of the City regarding the legal, financial and technical qualifications and the plans for
the proposed cable television system of the applicant have been met, including compliance wit.,
all applicable requirements of Chapter 8 of the City Cade.
Applicants, including all shareholders and parties with any interest in the applicant, shall submit
all requested information as provided by the teens of this procedure or the application
dx~me;; Thr requested information must be complete and verified as true by the applicant.
Applicants, including all shareholders and parties with any interest in the applicant, shall provide
the following information regarding other cable systems in which they hold an interest of any
nature;
1. Locations of all other franchises and the dates of award for each location.
2, Estimated construction costs and estimated completion dates for each system.
3. Estimated number of miles mf construction and number of miles completed in each
system as of the date of this application.
4. Date for completion of construction as promised in the application for each system.
Applicants, including all shareholders and parties with any interest in the applicant, shall provide
the City with any documents regarding pending applications for other cable systems, including
but not limited to, the following:
1. Location of other franchise applications and date of application for each system. ;
2. Estimated dates of franchise awards.
1. Estimated number of miles of construction.
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4. Estimated construction costs.
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LEGAL
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1. Contact.
Please note any changes in the following information regarding the Applicant.
Changes:
Norlex Telecom, L L.C.
P.O. Drawer 587
205 N. Walnut Street
Muenster, Texas 76252
Phone •940.759.2251
Far - 940.759.3557
Contact Person:
Alvin M. Fuhrman, President
2. Identification of Owners:
a, If a corporation, state the names and addresses of all officers and directors and the
number of shares held by each officer and director. Also provide identification and
ownership interest for each nominal and beneficia! owner of one percent (l°in) or
more of applicant's issued and outstanding stock. If an incorporated association
state the nwrtes, addresses and outstanding ownership interests of all members and
ultimate beneficial owners.
b. If a partnership, provide identification and ownership interest for all general and
limited partners.
C. Ira proprietorship or other entity, provide full ownership details,
* d If the applicant is a subsidiary, will its parent corporation guarantee the obligations
and performance under the franciuse7
3. Has the Applicant retained local counsel to represent the company in the renewal process?
If so, please identify the firm and indicate which correspondence should be forwarded to
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4. Has the Applicant or any related entity or principal ever been convicted in a criminal
proceeding (Felonies or misdemeanors) in which any of the following offenses were
charged?
YES NO
a. Fraud, bribery, extortion,
embezzlement
b. Tax evasion
c. Pedury,jury tamperi ng,
obstruction of justice,
or other misconduct affecting
public orjudicia! officers'
performance of their public
duties
d. False, misleading or
deceptive advertising
e, Anti-trust Niolations,
state or federal _
f Violations of FCC rules
and regulations
g. Conspiracy to commit any of
the foregoing offenses
Disposition of Criminal Charges. If the answer to P-ty question Lbove is yes, attach a separate
statement describing the disposition of each criminal charge, including the date, court, sentence, or
fine,
5. Is the Applicant, or related entity or any principal a party to or has the Applicant, or related
entity or any principal ever been a party to a civil proceeding in which it was held liable for
any of the fo'slowing? 1
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YES NO
a. Unfair or anti-
compctitive business practices
b, Anti-trust violations (state
and fedcrat) including
instances in which consent
decrees were entered
c. Violations of securities
laws (state and federal) _
d. False, misleading or
deceptive advertising
C Violation of FCC rules
and regulations
Disposition of Civil Proceedings. If the answer to any question above is yes, attach a separate
statement describing the civil proceeding and state the disposition of that case,
6. Does the Applicant contend that any provision of the City Charter or Ordinances applicable
to the Applicant or the proposed cable system serving the City is or may ba unlawful .r
unenforceable?
FINANCIAL
The current financial condition of the Applicant is requested in order to have an understanding of
the financial arrangements that may impact the continuing operations of the proposed cable system.
1, What is the source and amount of equity capital?
2. Is any of the equity capital borrowed?
3, What is the primary source and amount of debt?
4. Provide the name of banks and/or lending institutions and specify the name and title of the
bank officer or lending officer who has authorized the financing,
S. Please identify the terms of all debt financing.
6. What interest rate? ,
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7. What collateral is imohcd?
B, Wici are the guarantors?
9. Please provide all current financial statements that support financial viability of the
proposed cable system's operations.
10. Please provide historical financial statements (audited or ref iewed, if available) for the past
two years for the Applicant,
11, Please supply documentation that assures the proposed the Applicant's financial viability
such as letters of commitment from financial institutions, which will demonstrate the
availability of sufficient funds to construct, operate and maintain the cable television system
in the City.
12, Please provide pro forma financial projections for the operation of the proposed cable
television system in the City. Please include detailed revenue and expense projections and
assumptions for the operation of the cable television system serving the City for the next
five years. Please include a sources and uses of funds.
13. The leverage profile of the Applicant is of concern to the City, Please provide information
that describes the projected leverage profile of the Applicant and related entities at the end
of the next five years. Please include the following ratios in your answer: total debt per
subscriber and total debt per the running rate cash flow.
14. Please provide a narrative that dis=ses the leverage profile of the Applicant and related
entities to include: a comparison of the leverage profile to other multiple system operators 1
in the cable television industry and the anticipated effect of the leverage profile on the
financial ability of the Applicant to construct, operate and maintain the proposed cable i
television system in the City.
15. Please provide current financial statements for all owners of five percent (S%) or greater
ownership interest in the Applicant.
Any other information that the Applicant wishes to provide which will help the City develop an
accurate picture of the frnancia? condition of the Applicant will be welcomed.
TECHNICAL
This Section includes technical questions relating to the Applicant's proposed cable system.
1
1. Describe in detail the geographic area within the city where the Applicant proposes to •
offer cable television services and a schedule for buildout. Indicate the approximate
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location on a map, or by description, of the fixed system facilities, including tower, satellite
earth stations, microwave links. The routes of the mires, cables and other facilities.
21 If any of the proposed cable television system is to be installed overhead, evidence the
surplus space available for locating the proposed cable television system on existing
utility poles along the proposed route.
3. Does the Applicant intend to interconnect the proposed cable television system with other
cable television systems, telecommunications systems or open video systems?
d. Presuming the Applicant obtains a cable television franchise from the City, please
describe the types of services the Applicant plans to provide through its cable television
system or any other system by answering the following questions:
a. Does the Applicant plan to offer private, switched telephone services to
customers?
b, Does the Applicant plan to offer local switched telephom service to City residents
either through its own facilities or as a resale carrier?
C. Does the Applicant plan to offer long distance services either through its own
facilities or as a resale carrier?
d. Does the Applicant plan to offer customers high-speed data transmission services?
e, Does the Applicant plan to offer customers Intemet access capabilities?
f Does the Applicant plan to offer video conferencing services to customers?
g, Does the Applicant plan to offer any type of video programming service to its
customers, including cable television, open video system service, or video dial
tone service?
h. Does the Applicant plan to offer wireless telecommunications services to
customers'?
i. Does the Applicant intend to lease or sell transmission capacity on its system to r
other entities?
If any of the questions above were answered "Yes," please describe in detail to whom, how and
when such services or facilities are planned to be offered.
5. Provide a schedule and completion dates for development and construction of the
Applicant's proposed cable television system. The schedule for buildout should set forth
the approximate starting ind completion dates of construction of the system and the dates
service will actually be available to the areas named.
6. Please identify and provide the following information regarding the Applicant's proposed ,
cable television system.
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a. Beginning date of construction of system,
b. Number of downstream channels.
C. Number of upstream channels, discuss and describe any institutional nemorks and
interconnection services. `
d. Channel Format (Check one)
Standard Carriers
Harmonically Related Carriers
Other (please describe
e. Number of public access channels.
f. Complete fee schedule including subscription fees and other charges.
g. Quality of service measures including Applicant's procedure for handling customer
complaints.
h. Safcty measures and safety programs.
i. Hours of Operation.
7. Indicate the anticipated channel capacity of the proposed cable television system:
Downstream
# of video channels
0 of audio-only channels
p of data channels
k of voice channels
Upstream
# of video channels
4 of audio-only channels
# of data channels
# of voice channel 0
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& System Design
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a. What are the system's design parameters?
b. What is the longest trunk amplifier cascade?
C. How many tine extenders in cascade?
d. What are the projected worst-case distortion characteristics?
I
9. Has the Applicant ever had a business license, including a license obtained from the FCC
revoked, suspended or the renewal thereof denied, or is the Applicant a party to proceedings
that will result in the same?
10. Has the Applicant ever, as the result of an adjudicated proceeding, been found in violation
(other than routine service complaints) of any franchise ordinance or agreement, contract or
regulation governing a cable television system owned or operated by it?
r
It. Has the Applicant ever initiated litigation against a franchising authority or has a
franchising authority initiated litigation against it? If so, identify the franchising authority
involved, the court or administratite agency in which that litigation was docketed, the
I~ nature of the controversy that was the source of the litigation, the disposition or result of
that litigation, and any other relevant facts.
12. Has the Applicant been cited by any franchising authority for not meeting the Federal
Customer Service Standards or Customer Service Standards set out in any local franchise
agreement or ordinance?
Any other information that the Applicant wishes to provide which will help us develop an accurate
picture of the technical condition of the operation will be welcomed.
Applicant must submit with the completed application a non-refundable application fee in the
amount of the entire cost of the services of Charles Gramlich and Associates or other consultants
employed by the City to assist the City in the review of the franchise application, the issuance and
negotiation of the franchise, enforcement, and related matters, which fee is currently estimated at ,
five thousand dollars (55,000). ;
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I certify that I am authorized to execute this Application on behalf of the Applicant. 1 further
understand that if there are material omissions of information requested by this Application or
deliberatr.ly false answers given to questions on this Application, the City of Denton. Texas, may
revoke any franchise, permit or license it has granted in reliance on the answers provided by
Applicant to this Application.
Date:
Name of Applicant
By
Notary Signature Line
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Vortex
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September 24, 1998
Mr. Herbert L. Prouty
City Attorney
City of Denton, Texas
215 East McKinney
Denton, Texas 76201
Re: Nonex Cable Television Franchise
Dear Mr. Prouty:
Enclosed is a copy of a cad' le franchise from the City of Burleson granted in late 1997 for
a company very similar to Nortex which was doing both cable and phone service to a new
subdivision in Burleson 1 have also enclosed a copy of a limited franchise that the city of Fort
Worth has granted. If we choose to E{, with a limited franchise agreement, it would be best to try,
to structure it so that it could be amet,ied to add an additional area to the franchise by a
resolution of the council rather than hu\ ing to submit for a complete new franchise especially
considering the application fee involved
As we discussed, we would be gLri to sit down and discuss a number of issues to help
reach a good resolution as soon as you are ready to begin irafling the franchise document. Please
let us know what you have decided regarding the insurance indemnity and the application fee.
Sincerely,
1 Alan Rohmer
Controller
Enclosure j
Rai mIIaIV
SEP2~1998
LECiruµ ~ ~ ,
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ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 110899 GRANTING A
LII4 1TED FRANCHISE TO NORTH TEXAS CABLEVISION, LTD. D1BIA
NORTH TEXAS CABLECOMM TO OWN, OPERATE AND MAINTAIN A
CABLE TELEVISION SYSTEM, TO REVISE THE DESIGNATED AREA
WITHIN THE CITY OF FORT WORTH IN WHICH NORTH TEXAS
CABLEVISION, LTD. MAY OWN, OPERATE AND MAINTAIN ITS
CABLE TELEVISION SYSTEM; TO REVISE MN DEFINITION OF
"CABLE COMMUNICATION SYSTEM"; APPROVING AN AGREEMENT
OF ACCEPTANCE OF TERMS AND CONDITIONS TO THE
AMENDMENT OF ORDNANCE NO. 11089; PROVIDING A SAVINGS
CLAUSE; PROVIDING • SEVERABILITY CLAUSE; PROVD)ING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth (the "City") ppreviously granted a limited franchise for
the operation of a cable communication system to North Texas Cablevision, Ltd. ("Grantee") under
Ordinance No. 11089 to a designated area of the City specified by Ordinance No. 11089; and
WHEREAS, Grantee accepted the rights and obligations of Ordinance No. 11089 under
City Secretary Contract No. 19090 ("Franchise Agreement"); and
WHEREAS, Grantee currently is doing business as North Texas Cab(eComm; and
WHEREAS, Grantee has for at least the last twelve months been operating its cable
communication system In an area of the City not authorized by Ordinance No. 11089 or the
Franchise Agreement; and
WHEREAS, Grantee and the City mutually feel that it is in their best interests and in the
best interest of and consistent with the public necessity and convenience of the Citv to amend
Ordinance No. 11089, so that Grantee may own, operate and maintain its cable television franchise
in a specifically designated area of the City not covered by Ordinance No. 11089 or the Franchise
Agreement, and so that other public Interests may be addressed;
NOW9 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
That Section 1,A.(1) of Ordinance No. 11089 shall be amended to read as follows:
The City of Fort Worth ("City") dM hereby grant to North Texas
Cablevislon, Ltd. d/b/a North Texas Cable Comm ("Grantee") a franchise to own,
operate and maintain a cable communication system ("System"), with all necessary
facilities, In and under the surface of the streets and public property in the City I 0
shown on the maps of Exhibit "A" and Exhibit "A" Supplement No. 1, both of
which ue attached hereto and Incorporated herein by reference for all purpos"s,
Exhibit "A" and Exhibit "A" Supplement No. 1 are both attached to this ordinance and
incorporated heroin by reference for all purposes.
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2.
That the definition of "Cable Communication System" or "System" set forth in Section 2 of l
Ordinance No. 11089 and appearing throughout Ordinance No. 11089 shall be amended to read as
follows:
"Cable Communication System" or "System" shall have the same meaning
as that provided for the term "cable system" by the Cable Communications Policy
Act of 1984 at U.S.C. 4 522(7), as amended.
3.
As a condition precedent to the effectiveness of this ordinance, Grantee shall execute an
Acceptance Agreement in the form attached hereto as Exhibit "8" and incorporated herein by
reference for all purposes.
4.
To the extent that this ordinance modifies Ordinance No. 11089 or the Franchise
Agreement, Ordinance No. 11089 and the Franchise Agreement are hereby amended. Except as
hereby amended, the provisions of Ordinance No. 11089 shall remain unchanged and in full force
and effect.
S.
If any provision of this ordinance shall be held by a court of competent jurisdiction to be
Invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions
shall not in any way be affected or impaired.
i
The City Secretary of the City of Fort Worth is hereby directed to publish this ordinance in
" its entirety once a week for four (4)consecutive weeks within a period of thirty (30) days following
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passage In the official newspaper rrter of the City of Fort Worth, Texas. t Grantee sshall be resSection 2 of ponsible for the full cost of such
,
publication.
n 7.;
This ordinance shall be in full force and effect from and after its passage, publication and
written acceptance by Grantee and Fanch Communications, Inc. R& specified herein; and it is so Y i
y ;1 ordained.
24
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APPROVED AS TO FORM AND LEGALITY:
Assistant City AUVIR o/7
Date: 2-1249 1 H4-CC-1582,6-
ADOPTED: an-I J- 9 7
Er~crlvl3: 3. /3 ~ 7
ACCEPTANCE:
Grantee, North Texas Cablevision, Ltd &W& North Texas CableComm, hereby accepts all \
terms and conditions of this ordinenee.
By: Fanch Cotnmunications, Inc.,
a Colorado corporation and Grantee's General Partner
Peter Locke
Vice President
Date:
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EXHIBIT "B"
AMEMENT~N4~1 TO FRANCHISE AGREEMENT '
CITY STCR~TAI C> CO RAVU W. 19090
AGREEMENT OF ACCEPTANCE OF TERMS AND CONDITIONS TO
AMENDMENT OF ORDINANCE NO, 11099
This AMENDMENT NO. 1 TO FRANCHISE AGREEMENT, CITY SECRETARY
CONTRACT NO. 19M ("Agreement") is made and entered into by and between the CITY OF
FORT WORTH, TEXAS (the "City"), a home rule municipal corporation situated in Tarrant,
Denton and Johnson Counties, Texas acting by and through Ramon Guajardo, its duly authorized
Assistant City Manager, and NORTH TEXAS CABLEVISION, LTD. d/b/a NORTH TEXAS
CABLECOMM ("Grantee"), a Texas limited partnership whose general partner is Fanch
Communications, Inc., a Colorado corporation acting by and through Peter Locke, its duly
authorized Vice President.
Fanch Cor=unicadons, Inc. joins this Agreement for the purpose of guaranteeing Grantee's
ppeerformance under this Agreement, Ordinance No, 11089, as amended, and City Secretary Contract
No. 19090.
WHEREAS, the City of Fort Worth (the "City") previously granted a limited franchise
(''Franchise") for the operation of a cable communication system to Grantee under Ordinance No.
11089 in a designated area of the City specified by Ordinance No. 11089; and
WHEREAS, Grantee accepted the rights and obligations of such Franchise under City
Secretary Contract No. 19090 ("Franchise Agreement"); and
WHEREAS, Grantee has for at least the last twelve months been operating its cable
communication system in an area of the City not authorized by Ordinance No. 11089 or the
Franchise Agreement; and
WHEREAS on , 1997, the City Council adopted Ordinance No.
thereby amending Ordinance No. 11039, so that Grantee may own, operate and maintaFits cable
television franchise In accordance with Exhibit "A" and Exhibit "A" Supplement No. 1 of such
Ordinance, as amended, and for other purposes in the public interest; and
0 WHEREAS, on , 1997, Grantee accepted In writing the terms and conditions
of Ordinance No. ; and
WHEREAS, Grantee and the City mutually feel that it is in their best Interests and In the
best Interest of and consistent with the public necessity and convenience of the City to amend the
Franchise Agreement in accordance with Ordinance No. 11089, as amended;
NOW, THEREFORE, THE CITY AND GRANTEE AGREE AS FOLLOWS:
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4 I. AMENDMENT OF SELMON I.A.M.
Section 1.A.(l) of the Franchise Agreement shall be amended to read as follows:
The purpose of this contract is to effectuate the terms of Ordinance No.
11089, as amended, to grant to North Texas Cablevision, Ltd. diva North Texas j
CableComm ("Grantee") a fr. :hlse to own, operate and maintain a cable
communication system ("System"), with all necessary facilities, in and under the
surface of the streets and public property In the City of Fort Worth ("City") shown
on the map of Exhibit "A" and Exhibit "A" Supplement No. 1, both of which are
attached hereto and Incorporated herein by reference for all purposes.
Exhibit "A" and Exhibit "A" Supplement No. 1 are both attached to this Agreement and
Incorporated herein by reference for all purposes.
2. AMENDMENT TO SEC QN 2.
The definition of "Cable Communication System" or "System" set fort i in Section 2 of the
Franchise Agreement and appearing throughout the Franchise Agreement shall c : amended to read
as follows:
"Cable Communication System" or "System" shall have the same meaning
as that provided for the term "cable system" by the Cable Communications Policy
Act of 1984 at U.S.C. 1522(7). as amended,
3. BACK-PAYMENT OF FRANCHISE FEEfi.
Grantee agrees that within thirty (30) days following the execution date of this Agreement.
Grantee shah pay franchlm fees, In accordance with Section 3 of Ordinance No. 11089, as
Lmended, and Section 3 of the Franchise Agreement, for the area shown on Exhibit "A"
Supplement No. 1, from and including the 4th Quarter 1995 and each quarter thereafter.
4. FRANCHISE REQUIREMENTS.
4.1. Grantee will not allow any Telecommunications Entity, as defined herein, other than
Grantee, to use or lease its, facilities In the City subject to this Agreement or capacity
thereon, provided, however, that Grantee may. allow an affiliate entity to use or lease such
facilities provided that the City receives written notice not less than thirty (30) days In
advance of such an arrangement. For purposes of this Agreement, "Teiecommunlcations
Entity" shall mean any entity subject to the jurisdiction of or regulated by the FCC of the
Texas Public Utility Comntisslon, or their successors, including, but not limited to,
telephone, alternative access and cable companies.
4.2. As of the execution date of this Agreement, Grantee specifically covenants and
represents to the City that it does not have any existing agreements with any
9 Telecommunications Entity regarding in any way Its System or System facilities subject to
Ordinance No. 11089, as amended, or this Agreement. Grantee agrees to provide the City
with any and all documents relating to the foregoing as the City may reasonably request,
including, but not limited to, copies of the agreements themselves.
bhibd `B' Pt2t 2
35
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43, Grantee acknowledges that neither Ordinance No. 11089, as amended, nor the
Franchise Agwment allow for the provision of Telecommunications Services, n defined
herein, and that Grantee Is not entitled to provide such services within the City or to make
its wires available to others for that purpose until and unless it first applies for and Is
granted a franchise for such services from the City. For purposes of this Agreement,
"Telecommunications Services" shall mean conventional telephone service, including, but
not limited to, switched local exchange service and ton-switched services, such as
alternative access service which connects user locations and connects users to long distance
companies.
S. MAPPING SYSTEM.
Grantee will provide all information necessary to place the location of its cable
communication system on the City's mapping system and shall notify and twelve advance written
approval from the City's Dimtor of Information Systems and Services of any plans for construction
or additions to such cable communication system prior to the initiation of any construction or
additions.
6. NOTICES.
Section 21 of the Franchise Agreement shall be amended to substitute the following
addresses for the City:
CITY OF FORT WORTH
CABLE COMMUNICATIONS OFFICE.
ATTN ADMINISTRATOR
401 W 2ND ST
FORT WOk III TX 76102
With a copy to.
CITY OF FORT WO.ZTH
DEPT OF LAW
ATTN PETER VAKY
1000 THROCKMORTON
FORT WORTH TX 76102
• 1
7, SSAUNGS CLAUSE.
All terms and conditions of Ordinance No. 11089, as amended, and the Franchise ,
Agreement not expressly amended herein shall remain In full force and effect.
• IN WITNESS WHEREOF, the parties hereto have executed this Agreement In multiples e •
EKNW ^9" Pole s
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this_ day of 1997.
CITY OF FORT WORTH: NORTH TEXAS CABLEVISION, LTD, dWa j
NORTH TEXAS CABLECOMM
1
By FANCH COMMUNICATIONS, INC,
Its General Partner
By: BY:
Assistant City Manager Peter iecke
Vice President
ATTEST: ATTEST:
By: _ By:
City Secretary
APPROVED AS TO FORM AND LECALITY:
Assistant City Attorney
Dater
Fanch Communications, Inc, hereby unconditionally guarantees performance of the
obligations of Grantee under the Franchise Agreement, as hereby amended, and Ordinance No.
11099, as amended.
II
• FANCH COMMUNICATIONS, INC,: ATTEST:
t By: By:
Peter Locke r-
. Vice President ~ • •
%
EaMblt "9" Pala 4
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CableComnt ("Grantee") a franchise to own, operate and maintain a cable
communication system ("System"), with all necessary facilities, in and under the
surface of the streets and public PProperty in the City of Fort Worth (City') shown
on the map of Exhibit "A" and Exhibit "A" Supplement No. 1, both of which are
attached hereto and incorporated herein by reference for all purposes, t
Exhibit "A" and Exhibit "A" Supplement No. I are both attached to this Agreement and
incorporated herein by reference for all purposes.
2. A FNDbZNT TO SECTION2.
The definition of "Cable Communication System" or "System" set forth in Section 2 of the
Franchise Agreement and appearing throughout the Franchise Agreement shall be amended to read
as follows:
"Cable Communication System" or "System" shall have the same meaning
as ~,dt provided for the term "cable system" by the Cable Communications Policy
Act of 1984 at U.S.C. 4 522(7), as amended.
3. BACK PAYMENT OF FRANCIIMM
Grantee agrees that within thirty (30) days following the execution date of this Agreement,
Grantee shall pay franchise fees, in accordance with Section 3 of Ordinance No. 11089, as
~htbit "A"
each quarter thereafter.
amendedm, No Section 1, from and incl ding the 4th Quarter 1995 for
Supp
4. FRANCHISE REOLnRla 111-NTS.
4.1. Grantee will not allow any Te!ecommunications Entity, as defined herein, other than
Grantee, to use or lease its facilities in the City subject to this Agreement or capacity
thereon; provided, however, that Grantee may allow an affiliate entity to use or lease such
facilities provided that the City receives written notice not less than thirty (30) days in
advance of such an arrangement. For purposes of this Agreemen4'Telecommunications
Entity" shall mean any entity subject to the Jurisdiction of or regulated by the FCC or the
Texas Public Utility Commission, or their successors, Including, but not limited to,
telephone, alternative access and cable companies.
4.2, As of the execution date of this Agreement, Grantee specifically covenants and
represents to the City that it does not have any existing agreements with any
agrees to provide th City
Ordi ance No. 11089, as 1taytnerearding nded, or In any System
with any and all documents relating to the foregoing as the City may reasonably request,
including, but not lirrited to, copies of the agreements themselves,
i
43. Grantee acknowledges that neither Ordinance No. 11089, as amended, nor the
Franchise Agreement allow for the provision of Telecommunications Services, as defined
heroin, and that Grantee is not entitled to provide such services within the City or to make
its wires available to others for that purpose until and unless it first applies for and is
granted a franchise for such services from the City. For purposes of this Agreement,
38
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"Telecommunications Services" shall mean conventional telephone service, including, but
not limited to, switched local exchange service and non-switched services, such as
alternative access service which connects user locations and connects users to long distance
companies.
S. MAPPING SYSTEM.
Grantee will provide a1 Information necessary to place the location of its cable
communication system on the City's mappingg system and shall notify and receive advance written
approval from the City's Director of Information Systems and Services of any plans for construction
or additions to such cable communication system prior to the Initiation of any construction or
additions,
6. NOTICES
Section 21 of the Franchise Agreement shall be amended to substitute the following
addresses for the City:
CITY OF FORT Wft'':TH
CABLE COWAUNICA71ONS OFFICE
AM ADMINISTRATOR
401 W 2ND ST
FORT WORTH TX 76102
with a copy to:
CITY OF FORT WORTH
DEPT OF LAW
ATTN PETER VAKY
1000 THROCKMORTON
FORT WORTH TX 76102
7. . AUNGS CLAUSE.
All terns and conditions of Ordinance No. 11089, as amended, and the Franchise
• Agreement not expressly amended herein shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples
P
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this r day of 1997.
I ~
CITY OF FORT WORTH: NORTH TEXAS CABLEVISION, LTD. &Wa
NORTH TEXAS CABLECOMM
By: FANCH COMMUNICATIONS, INC.
Its General Partner
By: By:
Assistant City Manager Peter Locke
Vice President
ATTEST: ATTEST:
By. By:
City Secretary
APPROVED AS TO FORM AND LEGALITY:
at
Assistant City Attorney
Date:
,
Fanch Communications, Inc, hereby unconditionally guarantees performance of the
obligations of Orentee under the Franchise Agreement, ni hereby amended, and Ordinance No.
r 11089, as amended.
FANCH COMMUNICATIONS, INC.: ATTEST: j ,
By Peter Locke By. _ t
r Vice President
i
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.R..e':m1.°'a'l./'S.1Xtit.3:7`,'.T, d.u.7z^'4?YR:v.,`}.. ,.....r...c.er. v..........
,
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omcs OF TNa CITY ATTOPMY
THE CITY OF FORT WORTH
c000 THROCYAIORTCN ! . ,
FORT WORTH, TEXAS 76102
r
11411 AI•T6r0
PAX 1111} 111.1111
February 12, 1997
TO: Allis Church
city Secretary
FROM: Peter Vaky
Assistant City Attomeyr
'
SUBJECT: ACTION REQUIRED OF CITY SECRBTARYS OFFICE RE: ORDINANCE NO.
12865 '
Section 6 of Ordinance No, 12865, adopted by the City Council at its February 11, 1997
meeting, requites publication of the ordinance in the local newspaper cnce a week for four (4)
consecutive weeks within 30 days following passage of the ord:nmee. The cost of such publication
should be billed to: Mr, Rick Steward, District Manager, North Texas CableComm, 777 Plaza
Drive, aranbury, TX 76049,
Please let me know if you have any questions or need additional Information from me
regarding this matter. 1 certainly appreciate your time and assistance,
c: Isabel Barges
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City of Fort Worth, Texas
Mayor and Council Communication
aATE "r&q cx HIIlfasit tAO ztuts PAOL
02111/971 C- 15895 02CABLE 1 of 1
SUBJECT AMENDMENT TO ORDINANCE NO. 11089 AND PURCHASE AGREEMENT, CITY
SECRETARY CONTRACT NO. 19090, REGARDING LIMITED CABLE TELEVISION
FRANCHISE FOR NORTH TEXAS CABLEVISION D/B1A NORTH TEXAS CABLECOMM
RECOMMENDATION:
It is recommended that the City Council:
1. Adoat the attached amendment to Ordinance No. 11089 granting a limited cable television
franchise In a specifically designated area of the City not covered by Ordinance No. 11089.
2, Authorize the City Manager to execute amendment No. 1 to City Secretary Contract No,
19090.
DISCUSSION:
In March 1992, City Council approved a 10 year limited franchise with North Texas Cablevlsion
to provide cable service to Fort Worth residents who live on Lake Worth. Specifically the
franchise granted that Fort Worth residents receive cable off the system received by residents
of Lakeside. J:
Fort Worth residents who live on Lake Worth live In neighborhoods that do not most the density I
requirements In the Marcus Cable franchiser In order for these citizens to have cable, staff has Ili
worked with smeller systems such as North Texas Cablevislon to provide that access.
'I
The amendment to the franchise would include those Fort Worth residents who live on Love
Circle in Fort Worth.
FISCAL INFQRbdATIONXERTIFICATI N;
The Director of Fiscal Services certifies that this action has no material Impact on the City's
finances. This action generates approximately $200,00 in cable franchise fees annually. The
0 Cable Office will be responsible for the collection and deposit of this revenue.
t
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,
Submurt6 for Cur pHn+Ser'r FUND ACco"T CENTER AMQtJNT CITY SECRETARY M"
MCI by: ues
/171 13132 0011001txarw $20000 APPROVED
Origin lot Tr+urtiny Dep+nmmr 611e CITY COUNCIL
Hnd;
Pat SVICin+ 6415 (rtom) f, EB I 1 ~A97
[Iwo, Addnlonal Inform+uen • ,f N
CRr + Winirr 6119 "
AAnnted Ordinance Nn 104L
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Adopted Ordinance No.
AN ORDINANCE ORANTING A LIMITED FRANCHISE TO NORTH
TEXAS CABLEVISION, LTD. TO OWN, OPERATE AND MAINTAIN A
CABLE COMMUNICATIONS SYSTEM IN FORT WORTH, TEXAS,
SETTING FORTH CONDITIONS ACCOMPANYING THE ORANT OF
FRANCHISE, AND PROVIDING FOR THE REGULATION AND USE OF
THE SYSTEM.
WHEREAS, North Texas Cablevision, Ltd., has applied to the
city of Fort Worth for a limited franchise to operate a cable
television system within the City of Fort Worth; and
WHEREAS, it is necessary for the City of grant North Texas
Cablevision, Ltd., the right to use certain public streets,
highways and easements and other public property of the City for
the installation of equipment, appliances or appurtenances, above
or below the surface of the same, to make the intended use
thereof practicable; and
WHEREAS, the City council has determined that it is in the
best interest of and consistent with public necessity and
convenience of the City of Fort Worth to grant s franchise to
North Texas Cablevision, Ltd., to operate a cable communi-ation
System within the confines of the City of Fort Worth and on the
terms and conditions hereinafter set forth; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH:
Section 1. NATURE AND TERM OF GRANT
A.(1) The City of Fort Worth ("City") does hereby grant to
North Texas Cablevision, Ltd. ("Grantee"), a franchise to
construct, operate and maintain a cable television System
("system"), with all necessary facilities, in and under the
surface of the following streets and public property in the City
of Fort Worth, as shown in red on the map attached hereto and
incorporated by reference as Exhibit A.
(2) In addition to the terms and conditions of this
Agreement, the following terms and conditions will also apply to
the property delineated on Exhibit "A", attached hereto and made
a part hereof for all purposesi
a. City grants to Grantee permission to encroach upon,
use and occupy portions of space on the public property G
delineated on Exhibit "A" for the purposes of construction,
operation, and maintenance of the System.
b. All construction, maintenance and operation in
connection with such encroachment, use and occupancy shall 0
be performed in strict compliance with the Charter,
Ordinances and Codes of the City of Fort Worth and in
accordance with the directions of the Director of
Transportation and Public works of said City, or the
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Transportation and Public Works of said City, or the
director's duly authorized representative. All plans and
specifications therefor shall be subject to the prior
written approval of the Director of Transportation and
Public Works or the director's duly authorized
representative, but such approval shall not relieve Grantee
of responsibility and liability for concept, design and
computation in the preparation of such plans and `
specifications.
c. Upon completion of construction and thereafter,
there shall be no encroachments in, under, on or above the
surface of the property involved, except as shown on Exhibit
"Aa
d. Grantee shall use the designated area of this
encroachment solely for the purposes of operation and
maintenance of the System. Grantee shall not make any
changes in the degree of inclination or the grade of the
encroachment that would in any way affect any presently
existing or prospective utilities. This agreement shall not
limit, deny nor in any way affect the rights of the
utilities or utility companies.
It is understood that the area shown on Exhibit
"A" contains no platted utility easement. Grantee agrees
that it will, upon the filing of and recordation of a plat
of the property shown on Exhibit "A", and at Grantee's sole
expense, relocate any portion of Grantee's facilities not
located within a platted utility easement into a platted
utility easement.
f. Whenever by reason of City's use of the property
shown on Exhibit "A", for any purpose whatsoever, it shall
be deemed necessary by City that Grantee's facilities be
removed, altered, adapted, or conformed, such action will be
undertaken by Grantee within ten (10) days of a written
notice to Grantee that such action is required, without
claim for reimbursement or damages against City.
S. Failure to observe or comply with any portion of
Section 1(A)(2) be considered a material violation of this
ordinance, which may lead to forfeiture of rights granted
hereunder.
C. The term of this franchise, and all rights and
obligations pertaining thereto, shall be 10 years from the
effective date unless terminated sooner as provided herein. This
franchise shall be subject to a review by City at the end of S 0
years, for compliance with franchise terms related to customer
``service and compliance with technical standards, The effective
3 date of this franchise shall be after passage by the City Council
and publication as provided by law unless Grantee fails to
execute a contract with City as provided herein.
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section 2. D27MVIONS
For the purpose of this franchise, the following terms,
phrases, and their derivations, shall have the meanings given
below unless the context indicates otherwise. When not
inconsistent with the context, words used in the present tense
include the future tense, words in the plural number include the
singular number, and words in the singular include the plural
number. The word "shall" is always mandatory and not merely
directory.
"City" means the City of Fort Worth, Texas.
"Grantee" means North Texas Cablevision
"Cable communication system" or "System," shall mean a
System of antennas, cables, wires, lines, towers, wave guides, or
other conductors, converters, equipment or facilities, designed
and constructed for the purpose of producing, receiving,
transmitting, amplifying and distributing, audio video and other
forms of electronic or electrical signals located in the City.
Said definition shall not include any such facility that serves
or will serve only subscribers in one or more multiple unit
dwellings under common ownership, control or management, and does
not use City rights-of-way.
"Dross Revenues" shall mean all revenue derived directly or
indirectly by Grantee, its affiliates, subsidiaries, parent, and
any person in which Grantee has a financial interest, from or in
connection with the operation of a cable communication System
that is operated in Fort Worth, Texas, pursuant to this
ordinance; provided, however, all revenues, shall include but not
be limited to, basic subscriber service, monthly fees, pay cable
fees, installation and reconnection fats, leased channel fees,
converter rentals, and advertising revenues; and that this shall
not include any taxes on services by Grantee heroin imposed
directly upon any subscriber or user by the state, city or other
governmental unit and collected by the Company on behalf of said
governmental unit.
"Public Property" is any property owned by the city of Fort
Worth.
i "Street" is a way or place of whatever nature, publicly
maintained and open to the use of the public for purposes of
vehicular travel. Street shall include road, highway, bridge, 4
tunnel or alley,
"Installation" shall mean the connection of the system from
feeder cable to subscribers' terminals,
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Station 3. COMPENSATION AND AUDITING
A. (1) The Grantee agrees to pay to city as annual
compensation for the use of the streets and other public
property throughout the duration of this contract the amount of
5% of gross subscriber revenue generated from subscribers in Fort
worth.
(2) Grantee's compensation payments to the City shall be
made quarterly upon the effective date of this contract, and
thereafter, quarterly. Payment not received within forty-five
(45) days from the due date shall be assessed interest at 10% per
annum.
B. The City shall have the right to review and audit the
Grantee's income records and the related books and records and to
recompute any amounts determined to be payable under this '
ordinance; provided, however, that such audit shall take place
irithin thirty-six (36) months following the close of the fiscal
year covered by such statement(s). Any additional amount due to
the City as a result of the City's review or audit shall be paid
within thirty (30) days following written notice to Grantee by
the city which notice shall include a copy of the audit report.
In the event that any franchise fee payment or rscompi~ted
amount, coat or penalty, is not made on or before the app!!t+ble
dates heretofore specified, interest shall be charged daily rom
such date at the annual rate of ten percent (10%).
C. No acceptance of my payment shall be construed as an
accord that the amount paid is, in tact, the correct amount, nor
shall any acceptance of payments be construed as a release of any
claim the City may have for further or additional sums payable.
D. The City shall have the right at the end of a 5 year
period from the effective date of this contract to renegotiate
any of the terms of compensation under this contract, The City
shall serve on the Grantee written notice of its intention to
exercise this right not less than sixty (60) days prior to the
end of the 5 year period.
E. Except as otherwise required by law, no portion of this
franchise tee shall be noted separately on any bill to any
customer or user of services or commodities furnished by Grantee.
F. The arentes shall pay the cost of publication of the
franchise and any amendments thereto, as such publication to
required by law. Orontes shall also pay the City for such
reasonable pre-franchising coats as the City incurs in entering , 0 .
into this franchise agreement with the City.
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0. Payment of thi3 franchise fee shall not exempt Grantee
from the payment of any other license fees, taxes or charges that
may be imposed by any federal, state or local statute, law or
regulation.
Section 4. GENERAL FINANCIAL AND INSURANCE PROVISIONS
A, Insurance. Grantee agrees, binds and obligates itself
and its successors to maintain public liability insurance
covering all public risks related to the proposed use and
occupancy of public property as located and described in Exhibit
"A", The amounts of such insurance shall be no: Bess than the
following:
Property damage, per occurrence $250,000
Persc.nal injury or death, per occurrence $500,000
with the understanding of and agreement by Grantee that such
insurance amounts shall be revised upwird at City's option and
that Grantee covenants and agrees to so revise such amounts
within thirty (30) days following notice to Grantee of such
requirement. Such insurance policy shall provide that it cannot
be cancelled or amended without at lease thirty (30) days prior
written n.,tice to City.
B. EJnAIteJkL §tat*nerLt. The Grantee shall file annually
with the office of Cable Communications no later than one hundred
twenty (120) days after the end of the Grantee's fiscal year, an
audited financial statement that includes the operations of
Grantee within the confines of the City of Fort Worth. These
statements shall include the following information concerning
Fort Worth operations, a fiscal year-end balance sheet, an income
statement of ~etainud earnings for the year, a fixed asset
statement showing, for each account or category, the original
cost and accumulated depreciation balances and activity, and a
depreciation statement showing the detailed calculations of
depreciation expense for the year. These statements shall have
been audited by an independent certified public accountant, whose
report shall accompany, such statements, and there shall be
submitted along with them such other reasonable information as
the City shall request with respect to 0rantee's properties and
expenses related to its System operations within the City,
Section S. CONSTRUCTION AND RELOCATION j
A. All construction, maintenance and operation in
connection with such enaroachment,use, and occupancy of streets,
easements or other public property within the City shall be
performed in strict compliance with the Charter, Ordinances and
y, Codes of City and in accordance with the directions of the
}yJ 9irector of Transportation and Public Works of City,or his duly
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authorised representative. All plans and specifications therefor
shall be subject to the prior written approval of the Director I
of Transportation and Public Works, or his duly authorised
` representative, but such approval shall not relieve Grantee of
responsibility and liability for concept, design and computation
in the preparation of such plans and specifications.
B. Upon completion of construction and thereafter, there
shall be no encroachments in, under, on or above the surface area
on the streets and easements involved, except as shown on Exhibit
"A" and Exhibit "B".
C. Grantee, at no expense to City, shall make proper
provision for the relocation and/or installation of any existing
or future utilities affected by such encroachment, use and
occupancy, including the securing of approval and consent from
the utility companies and the appropriate agencies of the State
and its political subdivisions. In the event any installation,
reinstallation, relocation or repair of any existing or future
utility or improvements owned or constructed by or on behalf of
the public or at public expense is made more costly by virtue of
the construction, maintenance or existence of such encroachment
and use, Grantee shall pay to City an additional amount equal to
such additional cost as determined by the Director of
Transportation and Public Works of City, or his duly authorized
representative.
Section 6. RESTORATION OF STREETS AND PUBLIC PROPERTY
Upon the termination of this agreement for any reason
whatsoever, Grantee shall, at the option of City and at no
expense to City, remove at its own expense all designated
portions of the System from streets, easements and public
property and restore the public property, public streets and
adjacent supporting structures to a condition acceptable to the
Director of Transportation and Public Works or his duly
authorized representative, all in accordance with then existing
City specifications.
Section y. RESERVATION OF CITY RIGHTS
S City may enter and utilize any public property areas at any
time for the purpose of installing or maintaining improvements
necessary for the health, safety and welfare of the public or for
any other purpose. In this regard, City shall bear no
responsibility or liability for damage or disruption of
improvements installed by Grantee or its successors, but City
will make reasonable efforts to minimize such damage.
Section S. USE OF PUBLIC PROPERTY C
It is further understood and agreed between the parties
hereto that the City streets, sidewalks and other public property
including the portions of such streets, sidewalks and public
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property to be used and encroached upon as described herein are 1
held by city as trustee for the public; that City exercises such
powers over the properties as have been delegated to it by the
Constitution of the State of Texas or by the Legislature; and
that City cannot contract away its duty and its legislative power
to control the property for the use and benefit of the public. It
is accordingly agreed that if the governing body of City, to
with, its City Council, should at any time during the term hereof
determine in its sole discretion to use or cause or permit the
said portions of the property to be used for any other purpose,
including but not being limited to underground, surface or
overhead communication, drainage, sanitary sewerage, transmission
of natural gas or electricity, or any other public purpose
whether presently contemplated or not, then this agreement shall
be automatically cancelled and terminated.
Section. 9. THIRD PART! INTERESTS
Grantee understands and agrees that the granting of any
franchise hereunder is not meant to convey to Grantee any right
to use or occupy property in which a third party may have any
interest, and Grantee agrees that it will obtain all necessary
permission before occupying such property.
Grantee agrees to comply fully with all applicable federal,
state and local laws, statutes, ordinances, codes or regulations
in connection with the construction, operation and maintenance of
its System.
Grantee agrees to pay promptly when due all fees, taxes or
rentals provided for by this agreement or by any federal, state
or local statute, law or regulation.
Section 10. INDENNIPICATION
Grantee covenants and agrees to indemnify, and does hereby
indemnify, hold harmless and defend City, its officers, agents
servants and employees, from and against any and all claims or
suits for property damage or loss and/or personal injury,
including death, to any and all persons, or whatsoever kind of
character, whether real or asserted, arising out of or in
connection with, directly or indirectly, the construction,
maintenance, occupancy, use, existence or location of said System
granted hereunder, whether or not caused, in whole or in part, by
alleged negligence of officers, agents, servants, employees,
contractors, subcontractors, licensees or invitees of City; and
Grantee hereby assumes all liability and responsibility for such
claims or suits. Grantee shall likewise assume all liability and i
responsibility and shall indemnify city for any and all injury or
damage to City property, arising out of or in connection with any
and all acts or omissions of Grantee, its officers, agents,
servants, employees, contractors, subcontractors, licensees,
invitees, or trespassers.
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Section 11. INDEPENDENT CONTRACTOR
Grantee covenants and agrees that it shall operate hereunder
as an independent contractor as to all rights and privileges
granted hereunder and not as an officer, agent, servant or
employee of City; that Grantee shall have exclusive control of
and the exclusive right to control the details of its operations,
and all persons performing same, and shall be solely responsible
for the acts and omissions of its officers, agents, servants,
employees, contractors, subcontractors, licensees and invitees; {
that the doctrine of respondeat superior shall not apply as
between City and Grantee, its officers, agents, servants,
employees, contractors and subcontractors, and nothing herein
shall be construed as creating a partnership or joint enterprise
between City and Grantee.
Section 12. MAINTENANCE OF FACILITIES
Grantee shall provide and put in use all equipment and
appliances necessary to control and carry Grantee's signals so as
to prevent injury to the City's property or property belonging to
any person, firm or corporation within the City. Grantee, at its
own expense, shall repair, renew, change and improve said
facilities and appliances from time to time as may be necessary
to accomplish this purpose. Grantee shall not connect in a
manner that requires any customer to install conduits, or other
facilities, under or over a City street or other public right of
way.
Section 13. CONSTRUCTIOY AND MAINTENANCE STANDARDS
A. Authorization to Commence Construction
Within ninety (90) days of the granting of the franchise,
Grantee shall apply for all necessary governmental permits,
licenses, certificates and authorizations.
B. Compliance with construction and Technical Standards
Grantee shall construct, install, operate and maintain its
System in a manner consistent with all laws, ordinances,
. construction standards, governmental requirements, FCC technical
standards, and detailed standards submitted by Grantee as part of
its application, which standards are hereby incorporated by
reference herein. In addition, Grantee shall provide the City,
upon request, with a written report of the results of Company's
annual proof of performance tests conducted pursuant to FCC
standards and requirements.
A C. Maintenance of System
Grantee shall erect and maintain all parts of the System in
good condition throughout the entire franchise period.
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D. Efficient Service and Repairs
Grantee shall render efficient service, make repairs
promptly and interrupt service only for good cause and for the
shortest time possible. Such interr.upti)ns, insofar as possible,
shall be preceded by notice and ehall occur during period of
minimum System use.
E. Grantee shall designate an individual to be a liaison
with the City, for purposes of resolving questions and customer
service matters which may arise during the term of the franchise.
Such person will cooperate with City in resolution of customer
service inquiries which may be received by City from Grantee's
customers.
F. Interference with Reception
Grantee shall not allow its cable or other operations to
interfere with television reception of persons not served by
Grantee.
0. Grantee shall continue, through the term of the
franchise, to maintain the technical standards and quality of
service set forth in this ordinance. Should the City tin=. tl,.t
the Grantee has failed to maintain these technical standare; arl
quality of service, and should it specifically enume.ate
improvements to be made, Grantee shall make such improvements.
Failure to make such improvements with three (3) months after
written notice will constitute a breach of this ordinance,
Section 14. HAZARDOUS SUBSTANCES
A. Grantee shall comply with all applicable state and
federal laws, statutes, regulations and orders concerning
hazardous substances as defined by regulations of the United
States Environmental Protection Agency, relating to Grantee's
pipes, conduits, vaults, structures or other facilities in the
City streets or other public property.
B. Grantee shall maintain and inspect its conduits, ducts,
cables, vaults, structures or other facilities located in the
S City streets or other public property. Upon reasonable notice to
Grantee, the City may inspect Grantee's conduits, ducts, cables,
or other facilities in the city streets or other public property
to determine if any release of hazardous substances has
occurred, or if a release of hazardous substances may occur,
from, or related to, Grantee's facilities. In removing or
modifying Grantee's conduits, ducts, cables or other facilities €
e as provided in this franchise, Grantee shall also remove all
residue of hazardous substances related to such facilities.
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C. Grantee agrees to forever indemnify the City against any
claims, costs, and expenses, of any kind, whether direct or
indirect, incurred by the City arising out of hazardous
substances associated with Grantee's facilities in city streets
or other public property.
Section 15. FRANC9I8E NOT EXCLUSIVE
This franchise is not exclusive. The City expressly
reserves the right to grant rights or franchises to other persons
or corporations, as well as the right in its own name as a
municipality, to use its streets for similar or different
purposes allowed hereunder.
Section 16. REGULATION
The power and right reasonably to regulate the exercise of
the privileges permitted by this contract in the public interest
shall at all times be vested in the City Council, Grantee shall
not be relieved of its obligation to promptly comply with any
provision of this contract by a failure of the City to promptly
enforce compliance with this contract. Services furnished by
Grantee under this contract shall be rendered using the best
practicable commercial methods and practice, insuring the least
danger of life and property compatible with the best obtainable
service.
Section 17. CITT'S CONSENT REQUIRED ASSIGNMENT,
TRANSFER, MERGER, LEASE OR MORTGAGE.
A. Neither this franchise nor any property owned and
operated by Grantee by authority hereof shall be sold, leased,
mortgaged, assigned or otherwise transferred without the prior
consent of the City, except to entities that control, are
controlled by, or are under common control with the Grantee.
Grantee shall notify the City of any transfers to such entities
within ten (10) days of such transfers. The City's granting of
consent in one instance shell not render unnecessary any
subsequent consent in any other instance. Nothing contained
herein shall be deemed to prohibit the mortgage, pledge, or
assignment of the System tangible assets for the purpose of
financing the acquisition of equipment for or the construction
and operation of the System without the City's consent, but any
such mortgage, pledge or assignment shall be subject to the
City's other rights contained in this franchise.
B. Within ten (10) days after execution and delivery of any
instrument so consented to by the City, Grantee shall file with
the City an executed counterpart or certified copy thereof. No a
sale, lease, mortgage, assignment, transfer or merger may occur
a{r` until the successor, assignee or lessee has executed an agreement
to comply with all terms and conditions of this franchise.
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For the purpose of determining whether the City will consent
to any assignment, transfer, merger, lease or mortgage, the city
may inquire into the qualifications of the prospective party.
Grantee shall assist the City in any such inquiry. The City may
condition any assignment, transfer, merger, lease or mortgage
upon such conditions as it deems appropriate.
i
Section 18. FORFEITURE AND OTHER REliEDIEB
A. Forfeiture. In addition to any other rights set out
elsewhere in this ordinance, the City reserves the right to
declare a forfeiture of the franchise, and all of Grantee's
rights arising thereunder, in the event that:
(1) Grantee violates any material provision of the
franchise or this ordinance;
(2) Grantee's construction schedule is delayed for over 18
months; or,
(3) Grantee becomes insolvent or unable or unwilling to pay
its debts or is adjudged a bankrupt; or,
(4) Grantee is found by a court of competent jurisdiction
to have practiced any fraud or deceit upon the City;
or,
(5) Grantee fails to obtain and maintain any permit
required by any federal or state regulatory body.
B. Additional Remedies. In addition to any rights set out
elsewhere in this ordinance, as well as its rights under the City
Code, the City reserves the right at its sole option to apply any
of the following, alone or in combination;
(1) Impose a financial penalty of up to $1,000, per
ordinance violation; or,
(2) Suspend the Grantee's franchise rights until Grantee
corrects or otherwise remedies the violation.
In determining which remedy or remedies are appropriate, the ,
City shall consider the nature of the violation, the person or
persons burdened by the violation, the nature of the remedy
required in order to prevent further such violations, and any
other matters the City deems appropriate.
C, Revocation, The City Council may revoke the franchise in
• the event that any provision becomes invalid or unenforceable and
the City Council expressly finds that such provision constituted
a consideration material to the grant of the franchise.
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D. Notice and opportunity to cure. The City shall give
Grantee thirty (30) days prior written notice of its intent to
exercise its rights under this section, stating the reasons for I
such action. If Grantee cures the stated reason within the
thirty (30) day notice period, or if the Grantee initiates ,
efforts satisfactory to the City to remedy the stated reason and
the efforts continue in good faith, the City shall not exercise
its remedy rights. If Grantee fails to cure the stated reason
within the thirty (30) day notice period, or if the Grantee does
not undertake efforts satisfactory to the City to remedy the
stated reason, then the City Council may impose any or all of the
remedies available under this section.
section 19. MIPIRATION; TOXINATION
A. Upon the expiration of the franchise the City shall have
the right, at its election, to:
(a) Renew franchise
Worth s and applicable i lawccordance
with the City of
(b) Terminate the franchise without further action; or,
(c) Take such further action as the City deems appropriate.
Until such time as the City exercises its rights under this
of o the b ordinanceuithin the City
section
byh the terms responsibilities
e controlled rights
shall b
Section 20. CHART" " AND GENER L ORDINANCES TO APPLY;
MIUCEL.LAIMOUS J
A. This franchise is hereby made s. ;act t;, the Charter of
the City of Fort ;forth and general ordinance provisions psssed
pursuant thereto, now in effect or hereafter made effective.
8. If any portion of this ordinance is for any reason held
invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the
validity of the remainin4 portions thereof.
C. Venue o
arising under orrregarding litigation between he shall y be an in Tarrant
County, Texas.
D. Grantee agrees to deposit with City when this franchise
is granted a sufficient sum of money to be used to pay necessary
fees to record this contract in its entirety in the deed records O
of Tarrant County, Texas. After beinq so recorded, the original
hereof shall be returned to the City Secretary of the City of
SIT Fort Worth, Texas.
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E. In any action brought by City for the enforcement of
the obligations of Grantee, City shall bt entitled to recover
interest and reasonable attorney's fees.
Section 21. NOTICE
My notice provided for under this ordinance shall be
sufficient if in writing and delivered personally to the
following addressee or deposited in the United States Bail,
postage prepaid, certified mail, return receipt requested,
addressed as follows, or to such other address as the receiving
party hereafter shall specify in writing:
If to the City: Office of Cable Communications - Room 294
City of Fort worth
1000 Throckmorton Street
Fort Worth, Texas 76102 '
s
If to the Grantee: North Texas Cablevision
1305 W. Pearl 1
Granbury, Texas 76048
Section 22. WRITTEN ACCEPTANCE, Within thirty days after
this ordinance becomes effective, Grantee shall file in the
Office of the City Secretary of the City of Fort Worth a written
acceptance, executed by the Grantee, of this ordinance meeting
the approval of the City Attorney. A failure on the part of
Grantee to file such written acceptance within such time shall be
deemed an abandonment and rejection of the rights and privileges
conferred hereby and this ordinance shall thereupon be null and
void. Such acceptance shall be unqualified and shall be
construed to be an acceptance of all the terms, conditions and
restrictions contained in this ordinance.
Section 23. OTHER AUTHORITY SUPERSEDED. Upon effectiveness
of this franchise, any and all authority to operate previously
granted to Grantee by the City of Fort Worth, is superseded by
this franchise.
c APPROVED AS TO FORM AND LEGALITY:
~14,'C ty Attorn
Date'
Adopted:
Effective:
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AN ORDINANCE GRANTING A FRANCHISE TO FIBER WAVE TELECOM,
'NC., A TEXAS CORPORATION, TO CONSTRUCT. TO OWN AND OPERATE
AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF
BURLESON, TEXAS, SETTING FORTH CONDITION ACCOMPANYING THE
GRANT OF FRANCHISE.
WHEREAS, it is the mutual desire of the City of Burleson and Fiber Wave
Telecom, Inc. to adopt a cable television franchise on the terms and conditions set
forth herein, NOW THEREFORE;
` BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BURLESON:
SECTION L Short Title. This Ordinance shall be known and may be cited as the
"FIBER WAVE Franchise Ordinance." Within this document it shall also be referred
to as "this Franchise" )r "the Franchise."
SECTION 2. Definitions. For the purpose of this Ordinance the following terms,
phrases, words and their derivations shall have the meaning given herein. When not
inconsistent with the context, works used in the present tense include the future.
words in the plural number include the singular. The word "shall" is always
mandatory and not merely directory.
(a) "Basic Service" means anv level of service which includes the
retransmission of broadcast signals and the public access channels
required herein.
(b) "City" is the Citv of Burleson in the State of Te-us or, as appropriate
in the case of specific provisions of this Franchise, anv board, bureau.
authority, agency, commission, department of, or any other entity of
r or acting on behalf of the City of Burleson, or any officer, official,
y employee, or agent thereof, the designee of any of the foregoing or any
successor thereto.
(c) "Companv" means Fiber Wave Telecom, Inc., a Tees Corporation.
located at 728 NW Wood Street, Burleson, Texas 76029, its agents,
officers, employees and any successor therm.
• (d) "FCC" means the Federal Commtutications Commission, or any p •
successor organization thereto.
(e) "Person" is any person, firm, partnershi-j, association. corporation.
Company, or organization of any kind.
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(f) "Cable Service" means (i) the one way transmission to subscribers of
video programming or other programming service, and (ii) subscriber
interzction, if any, which is required for the selection or use of such
video programming or other programming service. `
(g) "Cable Television System" or "System" or "Cable System" means a
facility, consisting of a set of dosed transmission paths and associated
signal generation, reception, and control equipment that is designed to
provide Cable Service which includes video programming and which is
provided to multiple subscribers within a community, but such term
does not include (A) a facility that serves only to retransmit the
television signals of one or more television broadcast stations; (B) a
facility that serves subscribers without wing any public right•or•wav;
(C) a facility of a common carrier which is subject, in whole or in part,
to the provision of Tide II of the Communications Act of 1934, as
amended, except that such facility shall be considered a Cable System
to the extent such facility is used in the transmission of video
programming directly to subscribers,; or (D) any facilities of any
electric utility used solely for operating its electric utility systems.
(h) "Gross Subscriber Revenues" means all revenues arising from or
attributable to the sale or exchange of services by the Company within
the Citv or in anv wav derived from the operation of the System in the
City of Burleson, Texas.
(i) "Normal Business Hours" means those hours during which most
similar businesses in the community are open to serve customers.
"Normal business hours" must include some evening hours at least one
night per week and some weekend hours.
(j) "Normal Operating Conditions" means those service conditions which
are within the control of the operator, Those conditions which are rot
.
within the control of the cable operator include; but are not limited to.
natural disasters, civil disturbances, power owages, telephone network
outages, labor dispu! .s and severe or unusual weather conditions.
Those which are ordinarily within the control of the cable operator
include, but are not limited to, special promotions, pay-per-view
0 events, rate increases, regular peak or seasonal demand periods, and Q
maintenance or upgrade of the cable system.
~y (k) 'Service lnterrupticn` means the loss of picture or c,~und on one or
more cable television channels.
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(1) "Standard Installation" means the installation of the cable services at a
location that is no more than 125 feet from the existing distribution
system.
(m) "Telecommunications Services" means conventional telephone service.
such as switched local exchange service; and non-switched services,
such as alternative access service which connect user locations and
connect users to long distance companies.
` SECTION 3. Qualifications of Company and Grant of Authority. The City hereby
I finds that the Company possesses the necessary legal, technical, character, financial
and other qualifications, and that therefore the City hereby grants to the Company a
on-exclusive franchise, right and privilege to construct, erect, operate, modify and
maintain in, upon, along, across, above and over and under the highways, streets,
allevs, sidewalks, public ways and public places now laid out or dedicated and all
extensions thereof, and additions thereto, in the City, poles, wires, cables,
underground conduits, manholes and other television conductors and fixtures
necessary for the maintenance and operation in the City of a Cable Television System
for the purpose of distributing television signals to the public. The right so granted
includes the right to use and occupy said streets, alleys, public ways and public places
and all manner of easements for the purposes herein set forth. This right does not
include the provision of telecommunications services and Fiber Wave (or others) is
not entitled to provide such services within the City or to make its wires available to
others for that purpose until it first applies for and is granted a franchise for such
services from the City.
SECTION 4. Franchise Term. This Ordinance shall co;ltinue for a period of three
(3) year(s) from the effective date hereof; provided that at the expiration of the initial
period, such term shall be automatically extended for successive periods of one (1)
year; unless written notice of intent to terminate this agreement is given by either
party not less than ninety (90) days prior to the expiration of the then current
period. When such notice is given, this agreement shall terminate at the expira,; in
0 of the then current period.
SECTION 3. Payments to the City. Company shall pay to the City an annual
amount equal to five percent (546) of its Gross Subscriber Revenues. The foregoing
payments shall be compensation for use of streets and other public property,
0 Payments 51,41, l,e payable for each calendar quarter and due 30 days after each
quarter.
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SECTION 6. Records and Reports. The Company shall keep full, true, accurate and `
current books of accounts reflecting Gross Subscriber Revenues, which books anti
records snail be made available for inspection and copying,by the City's designee a
all reasoi,-tble times upon reasonable written notice.
SECTION 7. Rates, The company's current sate for monthly lifeline service is
$11.48
SECTION 8, Local Office Comolainant Procedwes.
(a) Office Hours and Telephone Ability,
(1) Access Line. The Company shall maintain a local, toll-free or collect call
telephone access line which will be available to its Subscribers twenty.
four (24) hours a day, seven (7) days z week.
(A) Trained representatives of the Company shall be available to
respond to customer telephone inquiries during No. d Business
Hours.
(B) After Normal Business Hours, the access line may be answered by
an answering service or an automated response System, including
an answering machine.
(C) Inquiries received after Normal Business Hours must be
responded to by a trains .presentative of the Company on the
ne:. busir~,, aay.
T^'ephone te« :c time. Under Normal Operating Conditions,
reh r'....c answer time by a customer representative, including wait
time, shall not exceed thirty (30) seconds after the connecuott is made.
(A) If the call needs to be transferred, transfer time shall not exceed
thirtv (30) second,
t (B) Under Normal Operating Conditions, the Company shall meet
these answering and transfer standards no less than ninety (90%)
i A percent of the time, measurl,d quarterly. p •
(C) The Cnmpan;; is not required to acquire equipment or perform
surveys to measure compliance with these telephone answering
standards unless the record of :ompWnts, kept by either the City
or the Company, indicates a clear failure to comply.
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(D) The Company shall maintain sufficient telephone capability so
that under normal operating conditions, callers receive a busy
signal less than three percent of the time.
(3) Office availability. Customer service and bill payment locations will be
open at least during Normal Business Hours and must be located within
the City of Burleson.
(b) Installations, outages and service calls.
Under Normal Operating Conditions, the Company shall meet each of the
Following standards ninety-five (95%) of the time, measured quarterly:
(1) Installations. The Company shall complete standard installations
within seven business days after an order has been placed.
(2) Service problems. The Company shall::
(A) except for conditions bevond the control of the Company, begin
working on service interruptions promptly, but no later than
twentvfour (24) hour after the interruption becomes known to
the Company;
(B) begin actions to correct other service problems the next business
day after notification of the service problem,
(3) Appointments.
(A) When the Company makes an appointment with a customer for
installation, service calls, and other installation activities, the
appointment must be for a specific time, or at madmum within a
four-hour time block during Normal Business Hours.
(Appointments may be scheduled outside of Normal Business
Hours for the express convenience of the customer.)
(B) The Company Tay not cancel an appointment with a customer
after the close of business on the business day prior to the
scheduled appointment.
• (C) If the Company's representative is running late for an , A •
appointment with a customer and will not be able to keep the
appointment as scheduled, the Company shall notify the
customer and reschedule the appointment to a time that is
convenient for the aistomer,
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(c) Communications with Subscribers.
(1) Notifications to Subscribers.
(A) The Company shall provide written information on each of the
following areas at the time of Installation of service, at least
annually to all Subscribers, and at any time upon request:
(i) Products and services offered;
(ii) Prices and options for programming services and
conditions of subscription to programming and other
services;
(iii) Installation and service maintenance policies;
(iv) Instructio a on how to use the Cable Service;
(v) Channel positions programming carried on the System;
and
(vi) Billing and complaint procedures, including the address
and telephone number of the City's caole office.
(B) The Company shall notifv subscribers of any changes in rates,
programming services or Channel positions as soon as possible
through announcements on the Cable System and in writing.
(i) Notice of these changes must be given to Subscribers thirty
(30) days before the changes take effect unless the change
is not within the control of the Company. In this case the
Companv shall give notice as soon as the information is
received. 1 9
(ii) The Companv shall notify subscribers thirty (30) days
before anv significant change is made in the information
required in paragraph (1)(A).
• •
(2) Billing
(A) The Companv shall prepare subscriber bills: k`
(i) So that they are clear, concise, and understandable; and
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(ii) with charges fully itemized, including, but not limited to,
basic and premium service charges and equipment charges.
(B) In case of a billing dispute, the Company must respond to a ,
written complaint from a Subscriber within thirty (30) days,
(3) Refunds. Refund checks will be issued promptly, but no later than
either:
(A) The customer's next billing cycle following resolution of the
request or thirty (30) days, whichever is earlier, or
(B) The return of the equipment supplied by the company if service
is termi-ated.
(4) Credits, Credits for service will be issued no later than the customer's
next billing cycle following the determinariun that a credit is warranted.
SECTION 9. Liabilit,, and indemnification.
A. Indernnific,;tion,
The Company shall indemnify and hold harmless the City for all damages and
penalties, at all times during 're term.of this Franchise, as a result of the
company's negligence in the exercise of this Franchise, These damages and
penalties shall include, but not necessarily be limited to, da.,_ages arising out of
ght infringement, defamation, anti-
personal inrirv, progeny damage, copyri
trust, errors and omissions, theft, fire, and all other damages arising out of
Company's negligence in the r_xercise of this Franchise, whether or not any act
. or omission complained of Is authorized, allowed or prohibited by this
• Franchise; such indemnification shall include, and not be limited to,
reasonable attomev'a fees and costs.
The Company shall not be required to indemnify the City for negligence or
misconduct on the part of the City or its officials, boards, commissions, agents,
t or employees. The City shall, to the extent permitted by law, hold the
• Company harmless from any negligence or misconduct of the City or its p •
officials, boards, commissions, agents, or employees committed by the Citv in
connection with work performed by the City, on or adjacent to the Cable i
System.
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B. Defense.
The Company shall defend the City for all damages and penalties at all times
during the term of this Franchise, as a result of the company's exercise of this
Franchise. These damages and penalties shall include, but not necessarily be
limited to, damages arising out of personal injury, property damage, copyright
infringement, defamation, anti-trust, errors and omissions, theft, fire and all
other damages arising out of the company's exercise of this franchise, whether
or not anv act or omission complained of is authorized allowed or prohibited
by this Franchise; such defense shall include and not be limited to, r-asonable
attorney's fees and costs.
In any suir involving the company, the City, and other parties, the City shall
seek defense from any party that has a contract or franchise with the City,
If the City or its officials, boards, commissions, agents or emplovees, are found
negligent for acts committed by the City or its officials, boards, commissions.
agents or employees in connection Nvith work performed by the City, on or
adjacent to the Cable System, then the City will reimburse the Company for
the cost of the City's defense.
C. Additional Requirements
The City shall notify the Company's representative within fifteen (15) days after the
presentation of any claim or demand to the City, either by suit or otherwise, made
against the City on account of any negligence or contract as aforesaid on the part of
the Company. The Company further agrees as follows:
(a) Company shall carry worker's compensation insurance, with statutory
limits, and Employer's Liability insurance with limits of not less than' One Hundred Thousand Dollars (S 100,000), which shall cover all 1
' operations to be performed by Company as a result of this Ordinance.
(b) Companv shall carry Comprehensive General Liability and
Comprehensive Automobile Liability insurance with bodily injury limits
of not less than One ,Nt;Pion dollars (S 1,000,000), per occurrence, and
property damage limits of not less than One Million Dollars
• (SI,000,000). • •
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(c) Company agrees to furnish City with certificates of insurance of said
' policies, which shall provide that insurance shall not be canceled unless
thirty (30) days' prior written notice shall first be given to City, The
City shall be named as an additional insured'on the certificates of '
insurance of said policies.
(d) It is e-xpressly agreed and understood that the Company is an
independent contractor and in no event shall Company's employees be
deemed to be employees of the City or the City employees be deemed to
be employees of the Company.
SECTION 10. Svstem Construction Maintenance and Procedures
(a) Upon grant of this Franchise to construct and maintain a community
television system in the City, the company may enter into contracts
with Light, Gas and Water divisions of the Citv, and Public Utilitv
companies or any other owner or lessee of any poles located within or
without the Citv to whatever extent such coat*act or contracts may be
aepedient and of advantage to the Company for use of poles and posts
necessary for proper installation of the System, obtain right-of-way
permits from appropriate state, county and federal officials necessary to
cross highways or roads under their respective }uhsdictions to supply
main truck lines from the company's receiving antennae. obtain
permission from the Federal Aviation Administration to erect and
maintain antennae suitable to the needs of the System and its
subscribers and obtain whatever other permits a city, county, state or
federal agency may require.
ib) The Companv's system, poles, wires an: ippurteriances shall be located.
erected and maintained so that none of in facilities shall endanger or
interfere with the levies of persons, or interfere with any improvements
e the Citv may deem proper to make, or unnecessarily hinder or obstruct
the free use of the streets, alleys, bridges, casements or public property,
and shall be in compliance with all National Electric Code clearance
requirements. ,
(c) Extension of service shall not be required into an area which does not
• meet the requirements set forth in Section 11 of this Franchise. C
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(d) All tr:.nsmission and distribution structures, lines and equipment
erected by the Company within the city shall be so located as to cause '
minimum interference with the proper use of streets, alleys and other
public ways and places, and to cause minimum interference with the
rights or reasonable convenience of property owners who adjoin any of
the said streets, alleys or other public ways and places.
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(e) In case of any disturbance of pavement, sidewalk, driveway or oilier
surfacing, the Company shall, at its own cost and expense and in a
manner approved by the City, replace and restore all paving, sidewalk,
driveway or surface of any street or alley disturbed in as good condition
as before said work was commenced ennsidering the nature of the work.
(f) In the event that at any time during the period of this Franchise the
City, pursuant to a City project, shall lawfully elect to alter or change
the grade of any street, alley or other public way, the Companv upon
reasonable written notice by the City, shall remove, relay and relocate
its poles, wires, cables, underground conduits, manholes and ocher
fixtures at its own expense.
(g) The Ccmpany shall not place poles or other Fixtures where the same will
interfere witn any properly located gas. electric or telephone fixture,
water hvdrant or main, and all such poles or other fixtures placed in any
street shall be placed at the outer edge of the sidewalk and inside the
curb line, and those placed in alleys shall be placed dose to the line of
the lot abutting on said alley, and then in such manner as not to
interfere with the u,-sal traffic on said streets, alleys and public ways.
(h) The Companv shall, on the request of any person holding a building
moving permit, issued by the City, temporanly raise or lower its ,.vires to
permit the moving of buildings. The expense of such temporary
. removal, raising or lowering of wires shall be paid by the person holding
the same, and the Company shall have the authority to require such
payment in advance. The Company shall be given not less than three
(3) business days' advance notice to arrange for such temporary wire
changes.
(i) The Company shall have the authority to trim trees upon and 9 0
overhanging streets, alleys, sidewalks and public places of the City so as
to prevent the branches of such trees from coming in contact with the
wires and cables of the Company.
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(j) The Company will utilize fiber optics tnutking system to reduce
amplifier cascades within the System.
(k) The Company shall provide upon written request from the City of i '
Burleson, free of charge to the facility, a single standard installation to I
any municipal buildings owned and operated by the City and to any 1
public elementary, secondary or high school. The Company shall also
provide, free of charge, basic cable seMce to all outlets referenced
above. Additional wiring, equipment or services shall be borne by the
entity requesting such additions.
(1) To the e:aent technically feasible, the Company shall include the City in
an engineering experiment to further advance current technology.
(m) The Company shall provide one non•convne:cial governmental access
channel to be progrpmmed by Fiber Wave at the City's direction, from
text provided by the City, and one educational access channel to be
utilized by the Burleson Independent School District. Fiber Wave will
deliver a taped copy of the text to the City for proofing prior to
broadcasting. The Company shall also provide a character generator,
portable camcorder and a VCR for use on the City Channel, to be
located at Fiberwave's Burleson office at Lakeside Drive and Highway
114. Fiber Wave will provide a telephone number that is monitored
after normal operating hours that M2 enable the City to contact Fiber
Wave in the event of a disaster, so that information about the disaster
can be immediately broadcast on the City channel
(n) The programming on the Burleson ISD channel shall be on the system
where available.
(o) After a public hearing to ascertain the need and interest of City
e residents and adoption of a resolution by the City, the Company shall
add an additional charge not to exceed S.So per month for the funding
of educational and/or governmental access.
(p) To the event technically feasible, the Company shall, upon request
from the City, and at City expense, install an I•Vet connecting locations
• specified by the City within the City. t~ •
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SECTION 11. Line Extensions. To provide for a reasonable and nondiscriminatory
policy governing extensions of cable service within the City, which policy was subject
to public review in the public proceeding leading to the award of this franchise,
Company shall extend service to new subscribers, at the normal installation charge
and monthly rate for customers of that classification, under the following terms and
conditions.
(a) Where the new subscriber, or nearest subscriber of a group of new i
subscribers is located within 500 feet of e..,asting trunk cable; and f
(b) Where the number of homes to be passed by such new extension cable
plant exceeds or equals thirty (30) homes per one (l) mile of such new
extension cable plant.
(c) In the event the requirements of subsections (a) and (b) are not met,
the instalIatioo, cost per subscriber shall be determined as set forth in
Exhibit A attached hereto.
SECTION 12. Compliance with Standards. All facilities and equipment of
Company shall be constructed and maintained in accordance with the requirements
and specifications of the National Electrical Safety Code and such applicable
ordinances and regulations set forth by the City and/or any other local, state or
federal agencies, including all apnlicable rules and regulations of the FCC.
SECTION 13. Comoanv Rules and Regulations. The Company shall have the
authority to promulgate such rules, regulations, terms and conditions governing the
conduct of its business as shall be reasonably necessa.y to enable the Company w
exercise its rights and perform its obligations under tl is Franchise, and to assure
uninterrupted service to each and all of its customers Howevet, such rules,
regulations, terns and conditions shall not be in con Iict with he provisions hereof or
of federal and state laws.
S SECTION 14. Approval of Transfer. The Company shall not sell or transfer its
5vstem to another, not transfer any rights under this Franchise to another without
vvntten approval by the City, provided that such approval shall not be unreasonably
withheld. The Citv shall have a right to review the legal, technical, and financial
quaPFrcations of any proposed transferee. The Company, any proposed transferee
and City shall comply with all loca;, ,tau and federal laws including the rules and
0 regulations of the applicable to transfers of ownersLip. In no event shall any p
Company, or any successor thereto, be allowed to transfer the system less than 36
*w" me Ahs after acquisition. Any proposed transferee approved by the City must accept
tlne terns and provision of this Franchise in writing and agree to perform ail
conditions thereof. The form and substance of such written acceptance shall be 1
approved by the City.
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SECTION 15. Publication Costs. The Company shall assume the costs of the j
publication of this Franchise as such publication is required by law. A bill for
publication costs shall be presented to the company by the appropriate City officials
upon the granting of this Franchise and said publication costs shall be paid at that
time by the Company.
SECTION 16. Police Powers. Company's rights are subject to the police powers of
the City to adopt and enforce ordinances necessary to the health, safety and welfare
of the public. Company shall comply with all appiicable laws and ordinances enacted
by the City pursuant to that power.
SECTION 17, Use of Company Facilities. The City shall have the tight to install
and maintain, free of charge to the City, upon the poles and within the underground `
pipes and conduits of the Company, any wires and fietures designated by the City to
the extent that such installation and maintenance does not interfere with ehsting and
future operations of the Company. The City shall indemnify and hold d.e company,
its officers, directors, shareholders, employees and agents harmless from and against
all claims, losses, damages, cost and expenses (including but not lirnited to reasonable
attomevs' fees) related to the City's negligence in the installation, operation and
maintenance of such wires and fi:aures.
SECTION 18. Written Notice, All reasonable notices, reports or demands required
to be given in writing under this Franchise sh,,1I be .deemed to be given when
delivered personally to the person designated below, or when five (5) days have
elapsed after it Is deposited in the United States Mail in a sealed envelope, •vith
registered or certified mail postage prepaid thereon, or on the next addresseu business
day if sent by Express Mail or overnight air courier addressed to the party to which
notice is being given. as foll0wst
h to City: Mayor
C-+ty of Burleson
141 W. Renfro
Burleson, TX 76028
ti
If to Company Fiber Wave Telecom, inc.
0 7 2 8 NW Wood Street p ~I
Burleson, TIC 76028
Attn.: President k I
a
Such addresses may be hanged by either patty upon written notice to th. other
party given as provided in this section.
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SECTION 19. Svstem Testin¢. Company shall conduct technical performance tests j
as required by the FCC and shall provide the Citv copies of the test results within
fourteen (1 4) calendar days of a written request from the Citv,
SECTION 20. P19VLr min¢. Company shall, at a minimum, provide the following
categories of programming:
Local broadcasting channels
• Sports programming
Music progranuning
Children's programminv
National news
Educational programming
Religious programming
SECTIOi4' 21. Communications with Re¢tilatorv A¢encies, Copies of all petitions,
applications, communications and reports submitted by Company on behalf of or
relating to Company to the FCC, Securities & Exchange Comm'~sion or any other
federal or state regulatory commission or agency have jurisdiction in respect to any
matters affecting the Cable System authorized pursuant to this Franchise shall be
made available to the City upon request. Company shall provide City with a list of
all such above referenced communications within sixty (60) days of the date of
adoption of this Franchise to be updated, as necessary throughout the term of this
Franchise. The City shall have the right to request copies of 1^.v and all
communications referenced above. as wolf c-6 regulatory agencies.
Company shall provide such r.cs within fourteen (14) da; ..:om the date of
rcn„~st.
SECTION 22. Periodic Inspection. The City may, and Company shall, at the
request of the City, undertake an inspection of the Cable system to ascertain that the
Cable System performance at persecuted addresses based on complaints received
• indicating an unresolved technicai controversy or problem, Company shall have
fifteen (15) days to inspect and report to the City of any findings concerning
unresolved technical controversy or problem before initiatin; an inspection of the
Cable System.
(a) The Citv shall give written notice to Company of a possible technical
controversy or problem and request an explanation within fifteen (15) • •
days of Company's receipt of such notice.
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(b) If the technical controversy or problem has not been corrected, the City {
mav, in its sole discretion, give Company written notice of City's
intention to undertake an inspection of homes where complaints were
received and the name of the representative who participated in the
investigation for the City.
(c) Company shall, within five (5) business days of r4ceipt of the Citv's
notice, select one person who will participate For the Company and so i
notify the City.
(d) The representatives of the City and Company shall, within fifteen (15)
days of the selection of the Company's representative select a third
representative trained in cable television technology.
(e) Within ten (10) days after the appointment of all representatives, the
representatives shall commence an inspection of the preselected drops in
accordance with the following procedures:
(1) The representatives shall commence the inspection of the
preselected drops viewing channels of technical controversy or
problem and, by decision of the majority, assign a rating one 11)
to five ! 5) for the quality of the signal of each channel viewed.
(2) In assigning a rating for each channel of programming so vie,.ved.
the representatives shall use the following scale:
I. Poor picture, unacceptable viewing.
1 Poor picture, degradation prohle•tt,
3. Gocd picture, degradation noticeable.
f. Very good picture, shall amount of impairment noticeable. ~
E 5. Excellent picture, no visible impairment.
(f) The representatives shall then subrrut to the City and Company a
written. report of its findings and any approprate recomn•endations.
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(g) Upon request of tho City, Company shall attend a regular or specially
scheduled meeting of the City to discuss results and findings from
representatives. Notwithstanding anything to the contrary, the City .
may use the findings from representatives as a basis to or not to order
special testing of the cable system.
SECTION 23, Approval of Changes in Rates. The City reserves the right to regulate
rates for basic service and any other services offered over the cable system, to the
extent permitted by federal or sate law. Company shall maintain on file with the
City at t !l dine a current schedule of all rates and charges, To the extent applicable
and required, the City shall comply with the rules relating to cable rate regulation
promulgated by the FCC at 47 C.F.R., pan 76.900, Subpart N, or such ocher
applicable laws, rules or regulations with respect to the regulation of the rates charged
by Company.
SECTION 24, Performance Bond, At the time the franchise is accepted, Company
shall furnish and file with the City a pr,-formance bond in the amount of $9,500,
The performance bond, which shall be issued by a company authorized to do
business in the Stare of Texas, is concitioned upon the faithful performance of
Company of all the terms and conditions of this franchise. The rights resen•ed to the
City Mth respect to the performance bond or other security are in addition to all
other right the City may have under the Franchise or any other law,
SECTION 25. City's Runt to Revoke. In addition to all other rights which the City
has pursuant to law or equity. the City reserves the right to revc"e, terminate or
cancel this Franchise, and all rights and privileges pertaining thereto after affording
Company due process.
SECTION 26. Foreclosure. Upon the foreclosure or any other judicial sal: of the
Cablt System, Company shall notify the City of such fact and such notification shall
be treated as a notification that a change in control of the Company has taken place.
• and the provisions of this Franchise goveming the consent to transfer or change in
ownership shall apply without regard to how such transfer or change of ownership
occurred.
SECTION 2 7, Receivershiv, The City shall have the right to cancel this Franchise
subject to any applicable orovision of state law, Including the Bankruptcy Act, 120
• days after the appointment of a receiver or trustee to take over and conduct the p •
business of Company, whether in receivership, reorganization, baikmptcy or other
action or proceeding, unless such receivership or trusteeship shall have been vacated
pnor to the expiration of said 120 days,
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SECTION 29. Removal of System. In the event tho Company abandons the
System, tj'e Company shall remove all visible cable plant from City rig'Lt of ways at
Companv's expense. Prior to such removal, the City shall have an option to purchase
the System at its fair market value.
SECTION 29. Franchise Renewal. This Franchise may be renewed in accordance
with applicable state and federal laws.
SECTION 30. Work Performed by Others,
(a) The provisions of this Franchise shall remain the responsibility of
Company, and Company shall be responsible for and hold the City
harmless for any claims or liability arisi: g out of work performed by
persons authori zed by Company,
(b) All applicable provisions of this Franchise shall apply to any
I subcontractor or authorized persons per.'orming any work or services
pursuant to the provisions of this Franchise.
SECTION 31, Franchise Enforcement.
(a) All complaints regarding Company's service shall initially be directed to
the Company and shall be resolved within 43 hours %,:here practical,
Upon request, the Company shall supply the City with copies of all
complaints indicating the disposition of each complaint. The report
shall indicate the day and hour on which it was received and resolved.
When a complaint Is received on the day preceding a holiday or a
weekend; it shall be serviced on the next working day. This section shall
be subject to applicable subscriber privacy provisions,
(b) The Citv shall notify the Company of each complaint reported to the
. City. Company shall have the duty of taking whatever reasonable steps f
are necessary to remedy the cause of the complaint and notify aye City j
of complaint. The City may document such complaints to the
Company and the Company must document the response to logged
complaints.
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• (c) The Company shall notify all customers about complaint procedures, p
rules and regulations; in compliance with applicable FCC regulations
and whenever there is a change in such procedure.
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(d) The Company shall comply with the customer service standards
promulgated by the FCC pursuant to the Cable Television Consumer
Protection and Competition Act of 1992, as amended.
(e) Failure to remedy the cause of the Complaint shall be considered a
violation of this Franchise and City and Company agree that City may,
spon final determination of a violation, collect from company the
following amounts, adjusted annually by the percentage increase or
decrease of the Consumer Price Index, as liquidated damages:
(1) Failure to comply with the customer service provisions identified
with this Franchise or applicable customer service provisions
under state and federal law - each incident $75.00.
(2) Failure to complete system construction as identified in Section
10 of the Franchise - $75.00 per day until completed.
(3) Failure to comply with any applicable provision of this Franchise
- 550,00 per day until corrected.
(f) In the event the Company disagrees with the City's decision regarding a
violation subject to the above referenced penalties, the Company may
submit the dispute to an unaffiliatee. party, knowledgeable in the cable
industry, for nonbinding arbitration.
(g) It is understood and agreed by and between City and Company that if
any subscribers, through their own negligence, damages a portion of
Company's system or mtherwise renders Company's ability to perform
impossible. Company may notify City and subscriber which notification
shall temporarily stay imposition of any fines until such situation is
corrected,
• (h) Company shall not be liable for any dela or failure in performance of l
any obligation under this franchise when such failure or delay results
from acts or omissions of the other party or its subscribers or third
parties, Acts of God, acts of any civil or military authority,
governmental regulations or requirements, war, terrorist acts, hots,
insurrections, explosions, fires, earthquakes, nuclear accidents, flooding,
• other environmental disturbances, abnormal weather conditions. power 0
blackouts, embargoes, strikes or other labor i:lated disputes. failures of i
subcontractors or suppliers, or other acts or events beyond the
reasonable control of such party.
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SECTION 32. Nonenforcement by City. Subject to applicable federal, state and
local laws, Company shall not be released of its obligation to comply with any of the
provisions of this Franchise for reason of any failure of the City to enforce prompt
compliance.
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SEC'T'ION 33. Acceptance by Company,
(a) Company shall have thirty (30) days from the date of adoption of this
Franchise to accept this Franchise utilizing the Acceptance Agreement
attached hereto as Exhibit B. Such acceptance by Company shall be
deemed the grant of this Franchise for all purposes. In the event
acceptance does not take place within the thirty (30) davs ur such other
time the City might allow, this Franchise'shall be null iu d void. r
(b) Upon acceptance of this Franchise, Company shall be bound by all
tevnc and conditions contained herein. Company shall provide all
services and offerings specifically set forth herein to provide cable
television services within the City.
SECTION 34. A_t:vities Prohibited,
(a) The Companv shall not allow its cable or other operations to interfere
with television reception of persons not served by the Company.
SECTION 35. Not franchise fees. The Company agr,res that the payments,
contributions, services, equipment or other activities to be performed by the
Company as described in Sections 10, 15, 17, 24 or otherwise specifically stated in
this Franchise shall not be considered as franchise fees payable to the City.
SECTION 36. Se2aarability. If any section, subsection, sentence, clause, phrase or
portion of this Ldinance is for any reason held invalid or unconstitutional by any
• court or agency of competent jurisdiction. such portion shall be deemed a separate,
distinct and independent provision and such holding shall not affect the validity of
the remaining portions hereof,
SECTION 37. Ordinance Repealed. Ordinance No. N/A is hereby repealed,
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SECTION 38. Effective Date. This Ordinance shall take effect ihirtv (30) davs after
its final passage; provided that the company has executed its 3c•: zptance of the
franchise.
Mavor, City of Burleson
ATTEST:
Deputy < et
First Reading: 1q
wok Beading: 1~113>I Q
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AGENDA INFORMATION SHEET
AGENDA DATE: October 13, 1998
DEPARTMENT: City N4anagci s Office
CNi: Michael W. Jez, City Manage
SUBJECT,
Receive a report, hold a discussion and give staff direction regarding review of the City
Charter.
BACKGROUND;
The current City Charter was adopted on February 24, 1959 and was last amended in
1979. At the 1998 Annual City Council Planning Session, a review of the Charter was
identified as an action item for 1999. Attached is an updated copy of the memorandum
l lerb Prouty, City Attorney, provided as back up for the May meeting (Attachment 1). In
his memorandum, Mr. Prouty states the process for amending the charter and provides
two categories of possible charter amendments;
1) general changes which are necessary to comply with the law
2) changes which are of interest to Council Members, board mcatSers,
members of the staff. or citizens
If it is the decision of the City Council to do an administrative clean up based on
amendments necessary to comply with the law, necessary review and recommendations
to the Council could be accomplished in a short time frame and he considered by the
citizens during the May election. Appointment of a Charter Commission may not be
necessary as the changes to comply with law could be addressed by the legal staff, A
May election timcline (Attachment II) for completing the review and required Council f
action is attached.
I lowcver, if it is the decision of the City Council to do a comprehensive review of the
Charter to address not only the amendments necessary to comply with the law but also to
address items of interest to Council Members, board ntcmhers, slaffand citizens, the staff
recommends the formcion of a Charter Commission and using the Uniform Election
Date set forth by the Texas F'Icction Code of August 14, 1999. An August election
timcline (Attachment 111) for completing the review and the required Council action is
also attached. O •
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October 13, 1998
Page 2
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Once a decision on the ext rot of the review is made, Council would initiate the process
by adopting the appropriate legal instrument at the next regular meeting of the Council.
Included in the ordinance or resolution for review of the Charter, the Council could form
a Charter Commission composed of not less than 15 members and not more than 24
members (one member for each 3,000 inhabitants based on the North Central Texas
Council of Governments population figure of 73,050) to conduct the Charter review. We
would recommend that if a Commission is !formed that each C'ouncilmembcr appoint two
members to the commission and appoint the chair by a unanimous vote of the entire
Council. Council representation on the Commission is optional. Please be reminded that
the Council is not bound by the recommendations of the Charter Commission.
Upon completion of the review and acceptance of the proposed revisions, the City
Council would call the election. In each election schedule, the approval date is
approximately 60 days prior to the election date to allow for submittal to the Justice
Department for preclearance,
QPT1O\S:
• Should a Charter Review be conducted?
• If a Charter Review is to be conducted, what kind of review will it be?
A. Administrative Review with a May 1999 election
11. Comprehensive Review with an August 1999 election E
Should a Charter Commission be appointed?
A. I low many members on the Charter Commission?
RECOMMENDA77ON: 15 Member Commission I
,
a. Chairperson appointed by entire Council
b. Two members appointed by each Councilmcmber
1 11. Should Council have representation on the Chatter Commission?
1 it
f I, How many Council Members? •
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Page 3
ESTIMATED SCHEDULE OF PROJECT: r
If general changes to the current Charier are done, the project can be completed from start
to election date in approximately six months. A comprehensive review would require
approximately 10 months.
PRIOR ACTION/REVIEW:
The City Charter was last amended in 1979.
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FISCAL INFORMATON:
If an administrative review of the Charter is desired, the election on thu Charier
amendments would be conducted in conjunction with the annual Municipal Election and
additional cost would be incurred for the Charter Commission meetings and support and
accompanying voting materials required, approximately $5,000. A comprehensive
review would require a separate election along with the accompanying support at an
estimated cost of $20,000.
ReS
,pectfully r submitted;
l
Belt winiams
Ass scant to the City Manager
y 9 Attachments: I. 10,18/98 Memorandum from Ilerb Prouty, City Attorney
IL May 1999 Election Timeline
Ill. August 1999 Election Timeline i
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Attachment I
CITY OFDENTON, TEXAS '
MEMORANDUM
TO: Michael W. lez, City Manager ,
Betty Williams, Assistant to the City Manager
I
FROM: Herbert L. Prouty, City Attorney
SUBJECT: Memo Addressing City Charter Review item on City Council Planning Session
DATE. October 8, 1998
JNTRODUCTION: This memo describes the process of amending the current City Charter,
,long with suggested Charter amendments, which are either required to conform the Charter to
changes in the law or have been requested by members of the City Council, members of the pub-
lic, or members of the staff, The Denton City Charter is not a modern document. It was adopted
on February 24, 1959, and was last amended in 1979, nearly 20 years ago. It contains quite a
number of provisions which should be changed. This memo is merely to provide some :nforma-
tion to Mayor Pro Tern Ronnie Beasley, who requested the item, and other members of the
Council in preparation for their October I P work session. It is not intended to be an exhaustive
description of those provisions which need changing. The Charter amendments suggested are
categorized into two categories: 1) those general changes which are necessary to comply with
the law; and 2) . +ges which are of interest to councilmembers, board members, members of
the staff, or citizens.
P&OCE~SS: Under § 14.13 of the City Code, the Charter may be amended in accordance with
state law. This is primarily controlled by Chapter 9 of the Texas Local Government Code. Un-
der Chapter 9, the process by which a home-rule City amends its charter usually takes place in
this manner,
I. The City Council initiates the process on its own notion or on receipt of a petition signed by
at least 5% of the quali fied voters of the city. (Tex. Loc. Gov't Cade §9.004.)
1. The Council may adopt Charter amendments without selecting a Charter Commission, so
long as the amendments do not constitute a totally new Charter. Yea, Major, er at. v. Cook,
er at, 281 S.W. 837 (1926); Sane v. Qv of Orange, 300 S.W.2d 705 (Ct. Civ. App.
Beaumont 1957). The Council has complete discretion here, but, as a general guideline, a
Charter Commission is usually named if there are a great number of amendments to the
Charier which constitute a comprehensive change of its provisions. if the Council selects a
Charter Commission, it must be composed of not less than 15 members who will revie,v and
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Michael W. Jez, City Manager
Betty Williams, Assistant to the City Manager
October 8, 1998
Page 2
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propose the amendments to the City Charter. There can be not more than one member for
each 3,000 inhabitants. The Council is not bound by the recommendatiorls of the Charter
Commission.
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3. Once either the Council has agreed on the amendments and, if a Charter Commission is ap-
pointed, after the Commission has made its report, the Council then submits the Charter
amendments to be approved at a general election that is called by the Council in accordance
with the requirements of the Charter and the Texas Election Code. The election must be held
on the first authorized uniform election date prescribed by the Election Code, or on the ear-
lier of the date of the next municipal general election or presidential general election. If the
Council decides to proceed with a Charter election, staff is recommending either a May or
August election date, depending on whether the Council decides to do a comprehensive
Charier review.
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4. If a majority of qualified voters vote for the amendments, they becomes a part of the Charter, J
and are effective alter the Council passes a canvassing ordinance declaring that the amend-
ments are adopted. (Tex. Loc. Gov't Code §9.005) Then, the Mayor or City Manager must
certify to the Secretary of State an authenticated copy of the amendments under the City's
seal, showing the approval by the voters. (Tex, Loc. Gov't Coda §9.007.) The City Secre-
tary then records in her office the Charter amendments. (Tex. Loc. Gov't Code §9.008.)
5, As Mayor Miller has mentioned, a number of anendments can be submitted to the voters in
one amendment proposition without violating th; requirement that each amendment contain
only "one subject", so long as all the amendments in the proposition are connected. Gibson
v. City of Orange, 272 S.W.2d 789 (Ct. Civ. App. - Beaumont 1954). So, even though the
gender neutral amendments mentioned below may require dozens of changes to the Charter
in several Articles, they can all be submitted as one proposition.
6, Once amended, the Charier may not be amended or modified again for two years. : x. Const.
oh. XI, §5; Berka v. City of Lewisville, 818 S.W.2d 891 (App. 2d Dist. 1991, error den'd.).
PROPOSED CHAR1 ER AMENDMENTS!
A. Amendments to Comply with the Law,
•
1. Sender neutral - All references to "councilman" should be changed to "councilmember",
"he" to "he or she", and otherwise changed accordingly to make the Charter gender neu-
tral.
1, Leeas references - All inaccurate references to state laws or sections of the city code
which have been revised since 1979 in the Charter sho,ild be co.•rected and updated to re-
fer to the appropriate sections of the law. For instance, the reference in §14,13 to Chapter
13, Title 28 of the Revised Civil Statutes should be changed to Chapter 9 of the Texas
Local Government Code. 1
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3. Personatnjury provisiQpg - § I.Wd) providing notice provisions as a prerequisite to fit-
ing a claim for property damage or personal injury against the City should be changed to
comply with the limitations required by §101.101 of the Texas Civil Practice and Reme-
dies Code
4. Councilmember qualifications - Under §2.02, the qualification requiting a councilmera-
her not to be in arrears in the payment of any taxes or any other liability to the City
should be eliminated, Subsection (a)(4) of this section, which states that a councilmem-
ber may not hold any other public office of emolument, may also be eliminated. There
have been rulings by the Attorney General that police officers and fire fighters employed
by some other city who reside in the City of Denton may run and hold the office of coun-
cilmember of the City of Denton.
S. Elections - Various sections in the Charier which control the calling and the dates of
elections, including §2.04 and various sections under Article 111, should be changed to
comply with the provisions and the dates for holding municipal cIecdons set forth in the
Texas Election Code,
6. Municipal Court of Record - Section 6.03 dealing with the Muni6paI Court should be
changed to state that the Municipal Court is a Municipal Court of Record and to make
other changes consistent therewith.
7. Taxation - Various sections of Article VII should be changed to comply with the provi-
sions of the Tax Code. For instance, under §7,03, the procedure under which the assessor
or collector of taxes will seize and sell personal property and conduct tax sales should be
rewritten to conform with the current Tax Code.
S. Revenue and veneral obligation bonds - Sections 9,01(d) and 9.02(a) of the Charter,
which state that no revenue bonds in excess of $1 million shall be ordered or issued by
the Council until after the approval of a majority of the qualified property lax paying vot-
ers voting at the election have approved same should be changed. Bond counsel has con-
sistcndy advised that under slate law there is no requirement ti hold an election on rove-
nue bonds, and that the Charter is preempted by state law, hr addition, the requirement
under §9.02(x) that bonds will not be issued unless a majority of the qualified property
41 lax paying voters voting at an election approve is no longer valid under the Election
Code. Any qualified voter who is registered to vote can vote in a bond election.
9. Franchise - Section 13.03, which provides that the main franchise fee will be a reason-
able sum not less than 2% of the gross receipts, should be changed to allow holders of
franchises to pay access line fees and other fees that are being charged by cities for use of
street and other public property to avoid conflicts with the Public Utility Regulatory Act 0
and the 1996 Telecommunications Act, The reference to the franchise fee as a tax should
also be eliminated,
B. Provisions which Council or Staffhave Requested be Changed.
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Betty Williams, Assistant to the City Manager
October 8, 1998
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I. Board and Commissions - Several councilmembers have requested that all City boards be
expanded to seven members so that each councilmembet would have an appointment.
The Board of Adjustment (§10.07), the Parks and Recreation Board Q11.02), and the
Public Utilities Board (§12.07) are mandated by the Charter to be composed of five
members. It would require Charter amendments to expand each of these boards to seven
members. In addition, where the board members are required to be resident property
owning taxpayers, such as in the case of the Parks and Recreation Board, this qualifica-
tion should be changed to qualified voters or registered voters,
2. facilitation of utilily Jere ulg ation -Several provisions of the Charter could be changed
in order to prepare and to help the City's electric utility compete under a deregulated en-
vironment, or, in the alternative, facilitate the disposal of electric utility assets that are no
longer necessary. The recommended changes are as follows:
a. Section 1.05 "Power of the Citv' - This section of the Chatter contains language that
the City shall not sell, convey, lease, mortgage, or otherwise alienate any public util-
ity without prior approval of the qualified voters of the City. Although this provision
seems to apply only to an entire public utility, the phrases "otherwise alienate", "prior
approval", and "qualified voters of the City" could be interpreted to require even a
sale of a portion of the electric utility, such as the generation facilities, to be approved
by the qualified voters of the City. The provision does not indicated that a majority
of the qualified voters of the City is required to take such action. To facilitate a trans-
fer of the assets of the electric utility, this provision should be modified to allow the
City to sell, convey, lease, or otherwise alienate all or arty portion of the electric util-
ity that is no longer necessary for any public purpose without the necessity of an
election.
b. Section 12.01 fbl "General Powers Res2ectina MiaL - This section states, "in ad-
dition to such public utilities as it may now own, the City of Denton may own, ac-
quire, construct, or maintain and operate any other public utility that may be approved
by a majority of the qualified voters of the City voting thereof in an election held for
such purpose." The City Attorney's office has already rendered opinions that this
provision might require an election in the event the City wished to enter the telecom-
• munications area by utilizing its fiber optics system or creating a new drainage fee or
drainage utility. This provision could create an obstacle in the event the Council
wants to aggressively move forward with either telecommunications, drainage op-
t ions, or other utility uptions during the time of emerging electric deregulation. Also,
the majority of the qualified voters, if interpreted literally, would prove an impossible
burden, since, in most elections, less than 20010 of the qualified voters even vote. Al-
though there is case law to the effect that that langu ge means a majority of the voters
who voted in the election, it would he much better if the Charter expressed this.
c. Section 12.04 ",Disposal of Utility Property" - This section is also a major obstacle to
a potential divestiture of the electric utility. The section provides that there could be
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October 8, 1998
Page 5
no sale, lease, or disposal of any utility system or any part thereof essential to con-
tinue effective utility service unless it is approved by a majority vote of all qualified
electors of the City. We believe this provision does not rLquire an elation to decide
the sale of portions of the electric utility or other utilities which are not necessary to
conduct that utility's business. However, any ambiguity in this s:ction would be laid
t,, rest by making it clear that the City may dispose of a portion of the electric system,
such as the generation facilities, without the necessity of an election. The term "dis-
posal" seem to encompass most ot),er options available to Denton other than selling
or leasing any part or all of the electric utility. In this case, changes in the Charter
would also have to proceed with changes in state law, since this Charter provision is
based on a state statute.
d, section 12 07(b) "Public Utility Board' - Ibis section requires that all meetings shall
be open to the public. Under the case of S tackleford v. City of Abilene, 585 SX2d
663 (Tex. 1979), whenever the expression 'all meetings shall be open to the public"
is contained either in the Charter or an ordinance provision, it literally means that the
Board cannot go into executive session on any hem, even if it is allowed under the
Texas Open Meetings Act, with the possible exception of seeking the advice of its
attorney on litigation and other attorney/client matters. As we have discussed before,
tha harsh economic realities of electric deregulation mean that the City would be
competing directly with private electrical companies. These companies do not have
to share information concerning their contracts, strutegies, and plans with the general
public. Our electric utility would be at a distinct disadvantage, since the Board and
the Utility staff could not plan, negotiate, operate, and strategize without doing so in
public. Therefore, we would expose its strategy to any member of an investor•ocvned
utility who decided '.a watch the meeting and could use that information to its advan.
Cage to "cherry pick" existing customers of the City.
3. Conflict of interest - The Charter convict of interest provisions are extremely stringent
and are much more sweeping than the convict of interest provisions under state law.
Section 2.02(a)(5) states that no member of the Council shall ever be interested in the
emoluments of any contract, job, work, or service of or with the City, or interested in the
sale to or by the City of any articles, materials, supplies, or equipment. A similar provi•
sion is in § 14.04 of the Charter, whi^h states that no officer or employee of the City shall
have a financial interest, direct or indirect, with any contract with the City or be frnan•
cialiy interested, directly or indirectly, in the sale to or by the City of any lond, materials,
supplies, or services, except on behalf of the City as an oXcer or employee. Any willful
vicletior of eithet of these sections results in the officer or employee, including the coun•
cihncmber, forfeiting their office. These are old provisions of the law that were enacted
long before -the enactment of Chapter 171 of the Local Government Code, the Public
Officials Convict of Interest Act. Chapter 171 establishes specific tests to determine if C
the interest is significant enough to result in a convict. It then allows a councilmember to
continue to serve or to run for election if, when a convicting item comes before the
Council, the councilmetnber first files an affidavit tating the convict of interest with the
City Secretary e--d abstains from voting. As imicated above, the Charter provisions
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Betty Williams, Assistant to the City Manager i
October 8, 1998
Page 6
carry a much greater penalty; inability to run for office or forfeiture of office. To show
you th scope of this provision, court cases which have interpreted similar provisions in-
dicate that it is not the amount of the interest that is important, but the fact that there
could be some potentia, conflict or division of loyalty. This means that a councilmember
who jwns a small amount of stock in a company that is doing business with the City,
even a few dollars worth of shares in a company among the various comparties a coun-
cilmember may own in a mutual fund, could be in violation of this conflict of intercit
provision if that company was awarded a bid by the Council, Even if the councilmember
abstained, he or she would still be in jeopardy of forfeiting his or her office, due to the
strict language of the Charter. This provision has a potential for keeping a number of
good people off of the Council and your boards, and for creating tremendous problems
when people allege councilmembers have conflicts that are not well defined under the
law. With the more flexible provisions of Chapter 171 of the Local Government Code,
which allow councilmembers to declare conflicts and abstain from voting, there is no
need for these much more stringent conflict of interest provisions.
4. Provisions on initiative- referendum. and a all - At least one member of the Council has
complained about the difficulty of citizens being able to petition the Council to repeal or-
dinances, enact new ordinances, or recall councilmembers. Part of the problem seems to
be the very stringent requirements of the Charter, which set forth a number of obligations,
including the requirement that each page of the petition be appended with an affidavit of
the circulator. This means that any circulator of such a petition must swear to various
facts before a notary public or other officer authorized to administer oaths, or the petition
must be declared invalid by the City Secretary. If a majority of the Council wants to
make it easier for citizens to file such petitions and to require Council action or an elec-
tion, they might want to consider amending this section by taking out or simplifying
some of the requirements.
5. Franchise reform - Due to the activities of the Interim Legislative Committees on Ma•
nicipal Franchise Agreements with Telecommunications Utilities that is expected to mal<e
a report that will be implemented by the 1999 Texas Legislature and various federal laws
and rulings of the FCC, it is anticipated that the entire Article XIII "Franchises" of the
Charter should be reviewed and Tewritten, Certain existing provisions may be interpreted
by a court to violate the prohibitions against creating "barriers to competition" contained
in the 1996 Telecommunications Act. Revision is probably going to be necessary in or-
der to provide the Council with more flexible options to control the use of its streets by
many deregulated utility industries, such as te,ccommunications companies, while at t6r
same time being able to obtain reasonable compensation related to the costs of that use.
<
As stated above, this is by no means an exhaustive review of those Charter provisions which may
need to be changed in any upcoming Charter elation, However, as you can see by the number C
of provisions addressed, the list of Charter amendments to be proposed to the voters could be
j quite lengthy. in view of this, Council may want to look at various areas and to determine, first
wa of all, whether a Charter election is necessary, and secondly to determine whether it may want to
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Michael W. J _ _
e4 City Manager
Betty Williams, Assistant to the City Manager
October 8, 1998
Page 7
appoint a Charter Commission to review the Charter and make recommendations on amendments
for ultimate submission to the voters.
w
Herbert L. Prouty
HLP:sf
M Honorable Mayor od Members of the City Council
1'CNLWYOLI'.~nQ6p'LOLM Owevrau'Cmapo.On.YMmnvNdne Nre.m~.7 dot
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Attachment II
CHARTER ELECTION
MAY 1999
DATE ACTION
October l3, 1998 City Council receives staff report and gives
direction
October 20, 1998 City Council considers ordinance or
resolution for review of the City Charter
and make up of the Charter Commission
November 3, 1998 City Council makes appointments to the
Charter Commission ~y
Month of Novembe, 1998 Initial meeting of the Charter Commission
Receive charge of the City Council
Determine meeting schedule
Receive preliminary materials
Month of December 1998 Charter Commission meets at least once
Month of January 1999 Charter Commission meets, research is
completed, recommendations err
forwarded to the City Council
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January 26, 1999 Agenda request and backup due to City
Secretarl- for 2/10/99 Work Session
February 10, 1999 City Council receives a report from the
Charter Commission and gives direction
c'
r March 2, 1999 Final approval date for Charter
Commission recommendations and the
Council will pass an ordinance calling for
• an Charter election
Slarch 8, 1999 Deadline for ballot wor ng to thr City
Secretary i
April 14, 1999 Early Voting begins
April 27, 1499 Early Voting ends
May I, 1999 Election Day
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. .r i,.. ^.r.r °,„r. oTa:'i p rrC@r>1p •.r'r y.rv.... M1.,v.~,... ..n..nvrn r,a J.n. UnAm~ Attachment
CHARTER ELECTION
AUGUST 1999
DATF. ACTION
October 13, 1998 City Council receives staff report and gives
direction
October 20, 1998 City C,)uncil considers ordinance or
resolution for review of the City Charier
and make up of the Charter Commission
November 3, 1998 City Council makes appointments to the
Charter Commission
Month of November 1998 Initia! meeting of the Charter Commission '
Receive charge of the City Council
Determine meeting schedule
Receive preliminary materials
Month of December 1998 Charter Commission meets at least once
January April 1999 Charter Commission meets, research is
completed, recommendations are
forwarded to the City Council
April 26, 1999 Agenda request and backup due to City
Secretary for 5111199 Work Session
May 11, 1999 City Council receives a report from the
i
Charter Commission and gives direction
June I, 1999 Final approval date for Charter
„ t Commission recommendations and the
Council will pass an ordinance calling for a
• Charter election }
I June 14, 1999 Deadline for ballot wording to the City
Secretary
July 28, 1999 Early Voting begins
t • •
August 10, 1999 Early Voting ends IL I
August 14, 1999 Election Day : ' ' f t+
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A;L~'Ja No AGENDA INFORMATION SHEET 9zatla hunt T -
cite-
AGENDA DATE-, October 1P, 1998
DF.PARTn1ENTi Planning and Development Department
CNIIDCl1I/ACM: Rick Svehla
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SUBJECT
Receive a report, hold a discussion, and give instructions to staff regarding the draft interim Corridor
Ordinance.
S
@Ak
At the August I V1, 1998 City Council Work Session, Council members agreed to give city staff and a
Chamber of Commerce Committee an opportunity to discuss a new "site plan review" format
suggested for the draft Corridors Ordinance. The October 13`" work session has been scheduled to
allow an opportunity for Council comments before an ordinance is drafted and reviewed.
A revised approach to the Corridors Ordinance has been prepared by staff and reviewed by the
Chamber Committee (see Exhibit A). The new approach contains guidelines in response to issues
identified previously (see Exhibit B), and are to be used by the Planning & Zoning Commission and
City Council during site plan review for proposed development on property located within a designated
corridor. This approach is an abrupt change from the standards contained in the earlier version of the
ordinance. The discussions b:twcen city staff and the Chamber Committee are not yet complete, but
several revisions have been made aFlcr an October 8'", 1998 meeting, Further comments fiom the
Chamber Committee may be forthcoming prior to the October 13'" Council Work Session.
The site plan review process is based on draft guidelines to allow consideration of individual property
features and development characteristics. In the attached guidelines, owners of property within a
designated corridor must submit specific site plan information for P&Z and City Council review and
approval, Unless accompanied by a request for a zoning change, planned development delailed plan,
or specific use permit, the site plan review procedure would not require a public hearing and rould be
processed w;thin a three to four week period.
FSTIMATED SCHEDULE OF PROJECT
As noted earlier, staff and Chamber committee representatives have not yet reached mutual agreement
• on all ordinance issues. Assuming completion of a draft ordinance within the two weeks, the following
schedule is possible,
Planning & Zoning Commission Briefing October 10, 1998
C'iiy Council Alternative Notification Ordinance October 20'", 1998
Planning F: Zoning Commission Work Session October 11",,1911
City Council Work Session November 117, 1998 O
Planning & Zoning Commission Public Hearing November Ito, 1998
City Council Public Hearing November 0'% 1998
City Council Action December 8`h, 1998
Staff is prepared to proceed as instructed during the October 13'" Work Session. P&Z Commissioners
will receive this same staff report information at an October 10, 1998 regular meetingbriefing,
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WOR ACTION/REVIEW
January 1998 Corridors Ordinance scheduled by City Council
April 28", 1998 City Council Work Session
May 13'h, 1998 Planning & Zoning Commission Work Session
May 27'h, 1998 Planning & Zoning Commission Public Hearing and recommendation of
approval, 4-1
May 291h, 1998 City Staff/ Chamber of Commerce Meeting
June 2nd, 1998 City Council Public Hearing
June 9'h, 1998 City Council Work Session (Alternative public hearing notification)
June 16`h, 1998 City Council Regular Meeting (Adoption of alternative notification
ordinance)
June 24'h, 1998 City Staff! Chamber of Commerce Meeting
July 10, 1998 City Staff % Chamber of Commerce Meeting
July 24'h, 1998 City Staff/ Chamber of Commerce Meeting
July 28'h, 1998 City Council Work Session
August 4`h, 1998 Joint City Council / Planning & Zoning Commission Public Hearing,
August 1 l'h, 1998 City Council Work Session
August 25'h, 1998 City Staff/ Chamber Committee Meeting
October 81h, 1998 City Staff / Chamber Committee Meeting
A breakdown oracrcage within each proposed corridor, by general zoning category, was presented to
City Council on August 11`h, 1998, in the following table:
TABLE 1. Zoning categories or Land Located Within Designated Corridors
cA 'rLE°o Sao ob.go
Designated h g'c 2 U
Corridor a N o
Acres % Acres Acres % Acres
1-1514'--_-~ G 229 30°/0 495 65% _ 38 5% 762
1.35 N & E 0 185 11% 741 44% 756 45°io 1 682
n Loop 288 G 447 36°'o 310 25% 485 39% 1,242
I lay 380E G 5 1% 466 86% 71 13°io 542
I Iwy 380 W _ G _ 3 566 99"10 ~3 /i% 572
11wy, 7 E - 19 -1 30/'o 94 63% 36 24% 149,
FM 2164 (Locusts E 0 0°,o 158 100°'0 0 0% 158
Sherman Drive _ E 7 10°ro 64 90% 0 0% 71
F. McKinney SH _ 19 120,10 134 87% 2 1% 153
FM 2181 Tcaslc) E 14 50/6 _ 193 GS 77 270,16 284
r US 371 Ft. Worth Dr. E 23 8% 146 50% 122 42% 291
TOTAL. 951 16% 39367 57% 1,590 27% 5,908
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FISCAL INFORMATION
Not applicable at this time.
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' ATTACHMENTS ,
Exhibit A: Corridors Ordinance Working Drag • October 9", 1998
Exhibit B: City Council Work Session Issues: August I Vh, 1998
Respectruily submitted:
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irector orPlanning and Development '
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EXHIBIT A
CORRIDORS ORDINANCE
WORKING DRAFT
For
City Council Work Session Discussion
Friday, October 9`',1998
The outline provided in this document is the first attempt to assemble Corridor "Guidelines",
rather than regulations, to develop "Site Plan Review" options for implementation of a j
Corridors Overlay Zoning Ordinance.
WHEREAS, the Denton City Council has determined that our corridors impact the visual image of
our community; and
WHEREAS, the City Council rinds that it is in the public interest to insure that new developments in
Denton will help to enhance the economic and aesthetic environment; and
WHEREAS, the City of Denton recognizes that the establishment of sew overlay district site plan
review guidelines for architectural standards, setbacks, screening of uses, proht')ition of certain uses if visible
from the corridor, and trarlic circulation wili help to enhance the econot,,ic and ecsthetic environment; and
WHEREAS, the City Council has conducted public hearings on the proposed guidelines contained
hcrein;14OW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION 1. That Chapter 35 "Zoning" of the Code of Ordinances of the City of Denton, Texas is hereby
amended by the adoption of Title XI, entitled "Corridor Overlay District," so that hereafter said title shall be
and read as follows.
C_ O RR I pOR OVERLAY DISTRICT
♦ Short Title and Scope.
This article shall be known and may be cited as the Corridor Overlay District. This article is creating
a new district that overlays current districts and that except where they conflict with this article all
riles and regulation of the underlying district shall still have full force and effect. i
♦ Statement of Purpose.
'I he intent of this article is to promote the immediate and long-term public health, safely, economic
stability and general welfare of the citizens of Denton by establishing regulations related to access
and appearance of designated roadways. This article is intended to promote the following general
purposes: i r
• To provide a visually attractive environment for those who travel on the City's
thoroughfares;
• To allow flexible evaluation of individual site characteristics ano proposed site design
features that affect the aesthetic quality of thoroughfare corridors;
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• To establish a positive image for Denton that is visible along its most heavily traveled
corridors.
a To communicate a sense of order and safety to motorist and pedestrians through
development of landscape design, access plans and structural treatments.
• To retain and enhance land value by creating a sense of visual compatibility along corridors.
CORRIDOR CLASSIFICATIONS
♦ Gateway Corridors
Gateway corridors are 1,000-feel wide overlay zones that extend 500 feet from the right-of-way
center line for the following limited-access thoroughfares,
• 1-35 N;
• 1.35W;
• 1-35 E; and
• Loop 288.
♦ Entranceway Corridors
Entranceways corridors are 500-feet wide overlay zones that extend 250 feet from the right-of-way
center line for the following segments of primary or secondary thoroughfaresr
• U.S. Highway 380 from Primrose Street west to the city limits;
• U.S. Highway 380 from Ruddell Street east to the city limits;
i • US Hwy 77 from 1.35N to Windsor Drive;
• Teasley Lane (FM 21BI)-
• Fort Worth Drive (US Highway 377) from 1.35 E south to the city limits;
• locust Street (FM 2164) from Loop 288 north to the city limits; and
. Sherman Drive (FM 428) from Loop 288 north to the city limits.
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♦ City limits: The regulations shall apply to pr,,; arty along the designated roadway that is within the
city limits. As annexation occurs along the designated roadways the regulations shall apply to the
area annexed.
APPLICABILITY
The provisions of this article shall apply to property located within designated corridors as follows; II
• Vacant Property: Prior to the development of vacant land, a site plan application must be I
submitted to the Planning and Development Department containing sufficient detail to indicate that
each of the Corridor guidelines has been addressed. 'The site plan shall be referred to the Planning
and 'honing Commission, which shall make an advisory recommendation to the City Council, The
• site plan must be approved by City Council before a building permit may be issued for the vacant
property.
The site plan required by this article may be submitted as part of an application for a zoning c}.ange, a
planned development, or a specific use permit. In the event that an applicant does not wish to submit
a Corridor Guidelines site plan application at the time a zoning change is requested, the required site
plan may be reviewed by the Planning andho,ting Commission and City Council separately at a later 0
date
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• Developed Property: Remodeling, redevelopment, or reconstruction proposed on property with
existing structures, or on property that has a valid building permit issued prior to the effective date of
this ordinance, and that would result in an expansion of gross floor area, parking lot area, or vehicular
surface area, shall be subject to the following provisions:
• Structural Expansion less than 25% GFA: When remodeling, redevelopment, or
reconstruction is proposed on platted property that would expand existing gross floor area of the
lot's structure or structures by less than twenty-five (25) percent, the proposed activity is exempt
from the provisions of this article.
• Struclurl Expansion 25% or more: When remodeling, redevelopment, or reconstruction is
proposed on platted property that would expand existing gross floor area of the lot's structure or
I structures by twenty-five (25) percent or more, the proposed expansion will be subject to site plan
I approval procedures described in this article.
• Paving Improvements Only: When parking lot or vehicular surface area improvements are
proposed that would result in an impervious surface expansion of twenty-five (25) percent or
greater, or would result in impervious surface reconstruction amounting :o twenty-five (25)
percent or greater, the requirements of Section 31.7(1) shall be applied only to the area where the
expansion or reconstruction occurs. This provision shall apply only when such improvements are
If not part or a structural remodeling, redevelopment, or reconstruction proposal Site plan approval
is not required under these circumstances. Impervious surface resurfacing is exempt from these
requirements.
♦ Exemption
• Active Agricultural and Ranching Uses: Property being used solely for agricultural,
ranching, or livestock production is exempt from the provisions of this article.
• Planned Developments: Planned developments constructed in accordance with an approved
detailed plan shall be exempt from the provisions of this article,
. Single-Family Uses: Single-family residential development shall be exempt from the
provisions of this article.
CORK UOR GLFIDELINES
the Corridor Guidelines address aspects of proposed development that influence aesthetic quality of
properties visible from the adjacent thoroughfare. The guidelines identify major elements that must be
addressed comprehensively. City Council site plan review is intended to be flexible and discretionary, taking
into account individual site conditions that may affect visual characteristics, including:
• Topography
• Adjacent Land Uses
• Existing Structures
• Existing Vegetation
• • proximity to Adjacent Thoroughfare p
w • Site Sire
~ • Site Shape
• Intersection of Designated Corridors
• Easement or Medication Requirements
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♦Landscaping Guidelines
The landscape plan required by Chapter 31 of the City Code of Ordinances must identify proposed
plantings and open space, and shall be a component of the required corridor site plan.
• Plantings: in meeting the requirements of Chapter 31, "Landscaping", City Council
members will evaluate the use of landscape materials to improve views of the property from
the adjacent thoroughfare. Plantings should be used advantageously for screening or
buffering purposes. Full compliance with city landscape regulations is expected for all
corridor properties.
a Open Space: A portion of required site oper. space should be located along the adjacent
thoroughfare to provide trees, shrubs, groundcover, and other plantings for aesthetic purposes.
To the extent feasible, corridor properties should reserve a 25-feet wide landscape buffer,
• Architectural Guidelines
• Materials: Proposed facade materials shall be indicated on the required site plan. The
exterior walls of the building facing or clearly visible immediately adjacent to the corridor
should be comprised of stone, cast stone, stucco, brick, limestone, granite or a similar
appearing natural or created masonry material. Tilt-wall construction is considered an
acceptable form of masonry material. Metal-clad structures are nut typically considered
appropriate, but unique architectural design using metal facade elements can be approved as
compatible. Glass including windows and doors shall be evaluated based upon structural
aesthetics and the degree to which views of interior uses are considered appropriate. Facade
exterior glass shall have a maximum reflectance of 2011'0. Alternative building materials
consistent with the appearance of the materials listed above may be considered appropriate by
City Council.
• Colors: The color of proposed structural elements shall be indicated on the required site
plan Colors should be selected to demonstrate respect for neighboring propcriics, and should
not be intended to se ve primarily as an advertising device.
• De,agn: An elevation and plan view of the front facade shall to included as part of the
raluisc pile plan submittal. The design of each structure should include relief to front wall
and roolline. Single, uninterrupted surface planes are discouraged.
♦ Screening Guldelint
The required site plan shall indicate the location and visual characleristies of all structural features
that project above t,round level or beyond structure wails or roof lines. Guidelines are provided i
for, but not limited to, the necessity for screening of certain features as identified in 'his seclion,
• Mechanical equipment: Mechanical equipment, including satellite dishes, air conditioning
units, antennae, and other features shall be identified on the required site plan, and should be
visually screened from view from the section of thoroughfare directly adjacent to the corridor
property, Roof-mounted equipment should be integrated into the architectural design and
screened from view. f
• Service Bays, Loading Docks, and Drive-in Lanes: Vehicle repair, service, maintenance
bays, loading docks, and drive-in lanes shall be identified on the required site plan. Bays and
docks should not located on any structural wall facing directly toward the adjacent
thoroughfare. Drive-in lanes and windows should not be located along any structural wall
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facing directly toward the adjacent thoroughfare, This provision may be modified through the
effective use of screening elements.
• Outdoor Storage Areas: Outdoor storage areas are defined in city code as "any area that
contabus trash collection areas or drmoster refuse containers; outdoor loading and unloading
spaces; docks or outdoor shipping and receiving areas; outdoor storage of hulk materials and
/or parts; or areas regularly used for outdoor repair, outdoor storage areas of service
stations, motor vchic!e dealers, or inspection stations. Temporary construction and related
activities are excluded from this definition." Outdoor storage areas should be completely
screened from the adjacent thoroughfare before the outdoor storage area operations begin.
At a minimum, outdoor storage Areas must be screened from public rights-of-way using live
evergreen screening plants, six (ti) feet in height at installation, spaced no more than eighteen
(18) inches apart, edge to edge. rv fence or wall may also be used for outdoor storage area
screening, provided it is at leas! six (G) feet tall, opaque, and of masonry, stone, or wooden
material, or of the same material as that of the principal building. Earthern berms may be
used to meet the vertical height standards identified in this section. Dumpster enclosure
openings should not face public rights-of-way unless they are gated.
a Merchandlse Display: The exterior display of automobiles, trucks, construction equipment,
trailers, or other vehicles for the purposes of sale or lease, with the exception of junkyards, are
subject to parking lot and vehicular surface area landscaping requirements. The exterior
display of living materials such as Christmas trees, pumpkins and flowers and similar living
landscape plants may be visible from the adjacent thoroughfare. Other proposals may be
eligible to be considered as merchandise display, but will not be favorably reviewed if the
principle intent of the outdoor placement is storage, or if the orientation of the display does
not face the adjacent thoroughfare.
♦ Traffic Circulation, Site Access and Parking
Site acc: ss, traffic circulation patterns, and off-street parking shall be indicated on the required site
plan. The site plan should allow a safe and et icicni now of traffic in and out of the property to
,naximire the capacity of the roadway, Access management principles should be employed to
minimire congestion of adjacent roadways, Issues such as comer clearances, driveway spacing, joint
access driveways and parallel access roads should be addressed. Site plan information should
demonstrate that transportation impacts have been minimized whale providing necessary site access.
Silc plans for corridor properties shall be rev icwed by the City of Denton Engineering Department to
delennine compliance with city Subdivision Rcgulatioto.
0 l'hc extent to which ofGstreel parking or other paved areas are located adjacent to a thoroughfare
should be limited. Required open space and landscape plantings should be used to soften the impact
of paved areas visible from adjacent thoroughfares, t.arge expanses of uninterrupted pavement
should be avoided unless screened from thorou,hfare views,
. t Sign%
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All l corridor properties sha1l adhere to the requirements of Chanter 37 of the City Code, "Signs and
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Advertising Devices." Sign details shall be provided as part of tl,e required site plan. A sign district
should be established as pt., Section 33.254(2) for corridor properties that have more than three l
hundred (300) feel of continuous thoroughfare frontage.
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EXHIBIT B
CITY COUNCIL WORK SESSION ISSUES
AUGUST IIT",1998
The issues identified below- were presented to City Council on August I1'h, 11,98, along with other options.
The "Site Plan Review" option was selected by consensus of the Chamber of commerce and City Council.
As a new Corridors Ordinance is assembled, the issues listed on the next two pages should be revisited to
make sure they have been addressed.
ISSUE; NI: The ordinance review a id adoption process is moving too quickly,
SITE PLAN REVIEW OPTION: The ordinance would have to be rewritten and subjected to a new
public review p.-ocess, The corridors would still be identified and designated; the conditions under
which proposed development would be subject to Council review would have to be stipulated; and 1
the regulations would have to be converted to a guidelines formal.
ISSUE. t12: Compliance requirements for expansions will be unfair to existing businesses
S11E PLAN REVIEW OPTION: Set a threshold at a certain percentage of expar.ion of gross floor
area; applicant could cite hardship during review and be granted immediate reli.f if extenuating
circumstances exist.
ISSUE N3: Active agricultural land uses and other land u;es should be granted exemptions.
S 11 PLAN REVIEW Oi TION: The same exemptions should apply is noted above.
ISSUE; 94: l he ordinance should not apply if only a portion of a properly is inside the corridor.
Eli E PLAN REVIEW OPTION: The visual impact or a proposed development within a designated
corridor can be evaluated based upon its individual merits and relative proximity to the adjacent
roadway.
ISSU E k5: Sonic roadways should be cmphasitcd while others should be deleted as corridors.
S1L1i PLAN RED( W OPTION: The same considerations apply to the Corridor designations
regardless of the structure of the ordinance,
ISSUE; kG: Landscape requirements within landscape setbacks cannot be met if all existing trees have
• to he preserved and native vegetation must remain undisturbed.
Sl IE PLAN REVIEW OPTION- Set review guidelines to communicate the desire to integrate
landscaping as a component of the visible pans of the properly and allow the cpplicani the flexiti ity
to dcnwnstrate cumpliance through evaluation of all site features,
ISSUE; H7: the prohibition ot'parking within the required landscape buffer area is burdensome,
5 I, I F: PLAN REVIEW OPTION: Guidelines could be developed to address offstreet parking
• visibility with a designated corridor, The probable approach would be to expect a higher level of t 0 0
landscaping in exchange for the opportunity to position parking spaces close to the adjacent corridor
road%%ay.
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ISSUE 09: Requirements for architectural materials need to be reworked, especially with respect to
glass percentages.
SITE PLAN REVIEW OPTION: The architectural requirements can be converted to gui'elines and
evaluated on a case-by-case basis.
"
ISSUE N9: Screening req j rements for features that may not be visible from designated roadways are
very difficult to interpret and should be better defined.
SITE PLAN REVIEW QPTION: Identify the site features that should be screened from view, and
assess The site plan's ability to achieve such a goal.
ISSUE f110: The Limited Visibility Uses list contains sonic land uses that should not be so severely
restricted within the corridors,
SITE PLAN REVIEW OPTION: A similar list would be generated, but the guidelines could be
adjusted to allow evaluation of any mitigation efforts proposed by the developed. Advantageous use
of topography to screen objectionable views could negate the need for any screening at all.
1SSUF, ql l: The display of merchandise should be defined and differentiated from outdoor storage
uses that must be screened.
SITE PLAN REVIEW OPTION: Guidelines would be needed to establish evaluation criteria for this
issue, but sufficient flexibility could be maintained to consider all types of unique or unusual display
requests. Definitions of the terms "merchandise for display" and "outdoor storage"can be defined,
Short-term sales events could be defined Lind exempted if Council feels such a revision is reasonable.
ISSUE 911: The retroactive landscaping requirements should be dropped from the ordinance.
SITE PLAN REVIEW OPTION: There would be no retroactive landscape provision. Plantings
introduced in adjacent righls•of•way could be a possible alternative to rcquircments imposed on
existing businesses that do not expand to the extent that site plan review would be triggered. Several
comments at the public hearing asked that the city participate in elTorts geared toward improving the
aesthetics of the corridors.
ISSUE q13: Corridor rcgulations should be tailored to different types of land uses.
S11L PLAN REVIEW OPTION: General guidelines can be devised to allow flexible consideration
of dificrcnt land use characteristics.
ISSUE H 14: Signage requirements need to be better understood.
SITE PLAN REVIEW OPTION: Proposed signage should be reviewed to determine consistency
0 with existing regulations.
ISSUE 41 t: Small sites could be severely impacted or even rendered useless by strict application of
the landscape buffer requirement
SILE Ej LAN REVIEW OPTION: If a di ;proportionate share of the site would be devoted to the
landscape setback (the site would have to be unusually narrow with along frontage, or of unusual t
. shape and/or located at the intersection of two corridors), The Council would be able to provide
immediate relief to the property owner, 0
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AOMI No. 8 - ~3io
AGENDA INFORMATION SHEET
AGENDA DATE: October 13,1998
DEPARTMENT: Planning Department
DCM: Rick Svehla, 349.7715
SUBJECT
Receive a report, hold a dis, ussion, and give staff direction regarding the Growth Management
Strategy Survey and Growth Management Strategy Public Involvement Schedule.
BACKGROUND: GNIS SURD
The subject of a Growth Management Strategy Survey (Attachment 1) was discussed by the City
Council during the August 25, 1998 work session. Council directed staff to develop a scicnti fic
sunny document with our consultants (HOK) and suggested using the expertise of the Survey
Research Center (SRC), a facility at the University of North Texas.
City Staff wrote a draft sunny instrument. Professor Glass review cd and revised the instrument to
eliminate bias and confusing teens from the questions and to make the instrument easier to conduct
over the telephone. City Council members were given advance copies of the instrument to review
and provide comments before the interview process was begun. Interviews for the surrey were
conducted by telephone from September 8, 1998 through September 13, 1998, Approximately 400
individuals were contacted and interviewed:
'I he survey report compiled by the Surrey Data Center was delivered on Weber 71h, 1998
(Attacluneni 2): The margin of error for the survey results is ± 4:9 percent. The survey was divided
into free sections. Respondents %vote asked a series of queslions related to issues of quality,
quantity, location and rate of growth: A filth section asked questions concerning the respondent's
demographic information,
All raw, data tcsponscs and the final report have been forwarded to HOK to be included in their
A work on the Growth Management Strategy: Staff will provide additional exhibits summarizing the
major surrey conclusions at the October 13'h work session:
BACKGROUND: GNIS PUBLIC INVOLVEA1jE,NT SCHEDULE
The sun'cy was conducted as one element of the overall public involvement process for the
development of the Growth Management Strategy (GMS). A series of public meetings to be held
0 from October 26'h through November 10 will provide the public an opportunity to closely examine 0 1
proposed strategies and provide staff and our consultants with constructive comments and
suggestions. Other efforts proposed to solicit public comment are outlined in the following
sections:
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Public Meeting Schedule
Major steps in the development of the Growth Management strategy will take place in October
and November 1998. As part of the public involvement process, the Planning and Development
Department will be conducting a series rfpublic meetings similar to those held in association
with the Denton Plan Policies and the Alternative Development Scenarios. The attached Public
Meeting Schedule (Attachment 3) identifies all the meetings as scheduled to date. Presentations
to interest groups or community organizations may be added to the list,
Community Workshop
The meetings will culminate with a community-wide workshop to br held Saturday, November
14, 1998 at Calhoun Middle School. The meeting will last six hours, and is intended to look at
several growth-related issues in depth before the final Growth Management Strategy is
produced. The final product will then be reviewed during scheduled public hearings. At the
meeting, HGK consultants will briefly introduce the Draft Growth Management Strategy and
the issues to be discussed. Roundtable discussion groups will be formed, and specific issues
will be reviewed and discussed, Staff will be available for to clarify administrative and/or
technical questions, and commen:i will be noted and summarized.
PRIOR AC°J.41!lM4YJ W
None.
FISCAL INFOR IATIQ
None
ATTACHMENTS
1. Denton Growth Management Strategy Survey Questionnaire
2. Denton Growth Management Strategy Survey Report
3. flyer: Notice of Public Meetings for the Drag Growth Management Strategy
n Respectfully submitted:
Da ill ;
it:ctor of Planning and Development
Prepared by:
• . •
51cph n Cook
MII/ Planner I i;
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Attachment 1
DENTON GRONVTH MANAGEMENT STRATEGY SURVEY
Hello, my name is . The City of Denton is conducting a surrey of its citizens and I '
would like to speak with anyone age 19 or older. TO RESPONDENT: The City of Denton is
in the process of developing a growth strategy to guide future increases of population and
construction within the city The city is conducting a survey to determine what citizens think
about growth. The questions I want to ask you will take only a few minutes and your answers
will be useful to the city staff and council as they consid^r decisions about city services. All of
your answers will be kept confidential,
1, First, how long have you lived in the City of Denton? (DO NOT READ
RESPONSES WHEN ALL IN CAPS)
1. LESS THAN 3 MONTHS (TERMINATE INTERVIEW)
2. NO LON(UER LIVE IN DENTON (TERMINATE INTERVIEW)
3. 3 TO 12 MON THS
4. 1•S YEARS
3. 6.10 YEARS
6. MORE THAN 10 YEARS
9, NO RESPONSEMON'T KNOW (NR/DK)
For this survey, the terms "growth" will be defined as an increase in the number of people or
construction within the City cf Denton. Cities can allow growth with or without management or
regulations and goreinmental control. As you answer the following questions, think about how growth
might be handled by the City and how it affects the city, school district and the citizens of Denton.
4.1sliYITTY ~
2. Now I am going to read you a series of statements about the amount of growth. Please tell me if
you strongly agree, agree, are neutral, disagree, or strongly disagree with each statement
Statement Strongly Agree Neutral Disagree Strongly NR/DK
agree _ disUree.
A 'fhe city's boundaries l 2 3 4 S 9
Should expand as necessary
to accommodate growth
(I, Taxes will increase if ~I 2 3 4 S 9 I
growth is controlled.
C. Nonresidcutial growth 1 `2 3 4 S 9
would improve the school
district's tax base,
D. Growth should be 1 2 3~~ 4 S 9
controlled to the benefit of
all income groups.
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E. Growth that supports the 1 2 3 4 S 9
city's universities should be
encouraged.
_
F. Growth controls will 1 2 3 4 3 9
discourage investment.
G. Growth controls will l 2 3 4 5 9
protect the ualit of life. _
11, A balance between the
number of new homes and 1 2 3 4 5 9
businesses should be
achieved.
LOCATION
3. The next few questions will deal with the location of new growth in the City of Denton. As you
answer each question, think about how different types of land uses, such as residential, commercial,
industrial, schools and parks should be placed within the city. Please tell me if you strongly agree,
agree, are neutral, disagree, or strongly disagree wish each statement
Statement Strongly Agree Neutral Disagree Strongly N1t1DK
_ agree _ disagree
A. A plan is necessary to 1 2 3 4 5 9
dctennine where differcnt
land uses should be allowed. _
D. All types of land uses 1 2 3 4 3 9
should be allowed in the
city.
C. More intense, higher 1 2 3 4 5 9
density development should
he allowed if roads and
ulilities aren't
overburdened,
Ii. Growth should be 1 -2 3- 4 5 9
distributed evenly
, • throughout the ~i~ _ _ _ _ ,
F. It is morr; important to 1 2 3 4 5 9
control where the city grows
than w control how fast it
bruws--
F, Compact growth allows 1 2 3 4 5 9~
city services to be provided
more efllc_! ntl _ O •
G. The City should extend 2 3 4 5 9
roads and utilities to areas
where growth Is
encouraged, -E:, 4
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4. If the number of sidewalks and walkways were increased throughout the City would you use them a
lot, a little, or not at all?
1. A lot 2. A little 3. Not at all
3. If the number of bikeways or bicycle lanes were increased throughout the City would you use them
a lot, a little, or not at all?
1. A lot 2. A little 3. Not at all
6. If the public transportation services through SPAN were increased would you use Ihem a lot, a
little, or not at all?
1. A lot 2. A little 3. Not at all
QUALITY
7. The next section of questions looks at the quality of growth in Denton. Issues of quality growth
include: the number and types ofjobs available; the impact of growth on the environment; how th; city
appears to the eye: and how growth might affect the economy. As you answer each of these questions
think about different types of new construction and how it could affect various areas of the City.
Please tell me if you strongly agree, agree, are neutral, disagree, or strongly disagree with each
slatcmcnl
Statement Strongly Agree Neutral Disagree Strongly NR/DK
agree _ disagree
A, Ncw business end l 2 3 4 5 9
industrial development will
improve the local economy. 13. New industry is needed l 2 3 4 S 9
inside the city to cteale Jobs
and imp qy the tax base._
C. City government should l~- _-2 3 _ 4 3 9
take a more active role in
protcctin tg environment.
! I),Ifhighquality 1 2 3 4 S 9
development occurs, growth i
won't need to be controlled
L. City government should 1 2~ 3 4 S 9
impruvc blighted or
' Jclcriorulingarcas, _ _ _ _ ~ j
F The city should use 1 2 3 W 4 $ 9
! financial incentives to ! !
attract or retain business and
industrial dcvclopmenl {
C3 visual quality is an 1 2 3 4 S 9
important issue to address as
growth occurs. i,
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8. The next two questions will deal with mixed-use development. Mixed-use development allows 1
homes and neighborhood services such as shops and small businesses to be located close to each other. 1
Statement Strongly Agree Neutral Disagree Strongly NR/DK
agree _ disagree
A. The City should allow 1 2 3 4 S 9
mixed-use development
within existing developed
areas _
8. The City should allow 1 2 3 4 S 9
mixed-use development in
undeveloped areas. _
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TIMING
9. Through various strategies, the City of Denton could have the option to determine the of
growth occurring within the City. Determining the rate of growth can have effects on how i
infrastructure such as road and utilities will be provided to growing areas. The rate of growth can also
atTect the availability of other services either provided by the City or a private business, As you answer
these questions, think about how quickly growth should occur in Denton. Please tell me if you strongly
agree, agree, are neutral, disagree, or strongly disagree with each statement
Statement Strongly AgreA Neutral Disagree Strongly NR/DK
disagree
A. The rate of growth, in 1 2 3 4 S 9
terms of both people and j
buildings, should be
controllnl__
B. To accommodate 1 2 3 4 3 9
expected growth, roads and
utilities should be extended
using Cif funds.
C. Roads and utilities should 1 2 3 4 S 9
be extended when
demanded by growth and
• should be paid for by I s.
developers.
Ur Development incentives 1 2 3 4 3 9
would be appropriate to
encourage development in
planned_jrowth areas.
• F. Outlying areas should be l v 2 3 4 5- 9 p•
annexed to prevent
uncontrolled growth at the
cit 's edges,
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10. For each of the following housing types answer whether you think growth should be encouraged {
or discouraged,
Growth Encouraged Discouraged
A. Single-Family Residences _ 1 2
B. Duplexes 1 2
C. Condominiums 1 _ 2
b. Apartments 1 2
E, Mobilehomes 1 2
11. Should the City primarily manage growth by controll.ing the quantity, quality, location, or rate of
growth?
1. Quantity 2. Quality 3. Location 4. Rate
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12. In order to respond to growth should the level of the City's control through policies and
regulations be high, medium, low, or should the city not be involved at all?
L High 2. Medium 3. Low 4. None
Now for the last few questions, I would like ask you several things about yourself so that we can
develop a general profile of our sample. First of all, do you own your home or do you rent?
13. 1. Own 2. Rent 9. NR/DK
14. Into which of the following age groups do you fail?
11 18.25 3. 36-45 5.61.70
2. 26.35 4. 46-60 6. 71 and over 9. NR/DK
5, Is your place of employment in Dcnion?
1. YES 2. NO 9. NR/DK
16. Is your drive to work
• 1. 1.5 miles 2. 6.10 miles 3. 11.15 miles 4, 16.25 miles 5. More than 15 miles
t
17, Which of the following means of transportation do your use most oRen?
1. Own car/truck 2. Walking 3, Bicycle 4. Bus 5, Carpool 3. Other
1 • 18. How many years of education have you completed? 0 •
d I, LESS THAN 12 4. 16, COLLEGE GRAD
4q/' 2. 12 HIGH SCHOOL GRAD 5. 11 OR MORE, GRAD SCHOOL/011AD DEGREE
3. 13-15, SOME COLLEGE 9. NR/DK
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19. 1 am going to read several different income categories. Without telling me your exact income, into
which category did your total household income for the past year fall?
1. Less than SIS,000 3.25,001-40,000 5.60,000-75,000
2.13,000-25,000 4.40,001-60,000 7. Over $75,000 9. NR/DK
20. Including yourself, how many people live in your household? Enter Number
21 Do you have any children age Igor younger living in your household?
1. YES 2, NO 9. NR/DK
22. To what racial or etludc group do you belong?
1. WHITE 2, BLACK 3. HISPANIC 4. ASIAN 9. NR/DK
Thank you very much for your time and cooperation. We believe that this
project will help city officials provide better services to all citizens.
INTERVIEWER: RECORD GENDER OF RESPONDENT L FEMALE 2. MALE 9. NR/DK
Thank you jor your lime in responding to this survey. Your responses will become an official part of
our overall study ofgrowth management stralegies jor the City of Denton. Your Individual ansKers
kill remain confidential. if you are Interested in the results of this survey, you may contact the
Planning and Development Department of the City of Denton at (940) 349-8339. We can glare you on
a marling list to be notified about upcoming GroKth bfanagement and ComprehensNe Plan meeting
dares, locations and rimes. Information about upcoming meetings will be advertised in the Denton-
Record Chronicle, on the City's Cable Access Channel 26 and a reminder In your utility bill,
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Survey Research Center, UnJvorOy O( North Texas
Attachment 2
DENTON GROWTH MANAGEMENT STRATEGY SURVEY
Prepared tor:
City of Denton
a
ti Paul Rugglere
I James Glass
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October 7, 1908
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Survey Research Center, University Of North Texas
TABLE OF CONTENTS
y
1. INTRODUCTION .........................................................................1
II. METHODOLOGY ...............................................................................2 r
2
A. Sample
A. Questionnaire ...................2
C. Data Collection .........................................................................................2
III. SAMPLE CHARACTERISTICS ...........................................3
0 J,
IV. WORK AND TRANSPORTATION ..1..............5
V. AMOUNT OF GROWTH . .....................14
VI, LOCATION OF GROWTH ......................1 B
VII. QUALITY OF GROWTH .......................................................24
V111. TIMING OF GROWTH .............................29
IX, CONCLUS,ONS ...38
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Survey Research Center, UnlversMy Of North Texas
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LIST OF FIGURES
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Figure 1 Place of Employment ...............r r...... ......r 5
Figure 2 Length of Drive to Work r ..r ..........r 8
Figure 3 Means of Transportation Used Most Often r.................. 7
Figure 4 Would Use Sidewalks/Walkways 9 Number was Increased 8
Figure 5 Would Use Bikeways/Bicycle Lanes if Number was increased 10
Figure 8 Wo!-!d Usa Public Transportation if Services were Increased- .12
Figure 7 Support for Construction of Various Housing Types 32
Figure 8 Preferred Methods of Controlling Growth .r...... 36
Figure 9 Preferred Level for Citys Control of Growth ............r ...r ..........r , r....... 37
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LIST OF TABLES
Table 1 Sample Demographics ..................................................................................3
Table 2 Would Use SidewalksMalkways if Number was Increased
By Selected Demogranhics 9
Table 3 Would Use Bikeways and Bicycle Lanes if Number was Increased
By Selected Demographics .........................................................................11
1
Table 4 Would Use Public Transportation if Services were Increased
By Selected Demographics .........................................................................13
Table 5 Agreement with Issues Concerning Amount of Growth ................................14
Table 5A Agreement with Issues Concerning Amount of Growth
By Selected Demographics 16
Table 5B Cities Boundaries Should Expand as Necessary
By Selected Demographics .........................................................................16
Table 5C Taxes Will Increase if Growth Is Controlled
By Selected Demographics 17
i
Table 5D Growth Controls Will Discourage Investment
By Selected Demographics .......17
Table 6 Agreement with Issues Concerning Location of Growth 18
Table 6A A Plan is Necessary to Determine Where Land Use Should be Allowed
By Selected Demographics 20
Table 6B City Should Extend Roads and Utilities Where Growth is Encouraged
By Selected Demographics 21
Table 6C Compact Growth Allows City Services to be Provided More Efficiently
By Selected Demographics . . 21
Table 6D It Is More Important to Control Location of growth Over Rate of Growth
By Selected Demographics . . . . 21
Table 6E High Density Development Should be Allowed
if Roads and Utilities are not Overburdened By Selected Demographics..,.. 22
Table 6F A Plan Is Necessary to Determine Where Land Use Should be Allowed
By Selected Demographics 23
Table 7 Agreement with Issues Concerning Ouality of Growth 24
Table 7A City Should Take Active Role In Protecting Environment
By Selected Demographics.... _ - . . - .25
A •
Table By Selected De n~ raphics.. with High Ouality Development
. . . " 26
yTable 86 Agreement nwRhlssuesConcerning Mixed Use Development .....................27
? Table 8A Mixed-Use Development Should be Allowed Within Existing
Developed Areas By Selected Demographics_ 28
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Table 9 Agreement with Issues Concerning the Timing of Growth 29
Table 9A Expansion of Roads and Utilities Should be Pald for by City Funds
By Selected Demographics 30
Table 9B Expansion of Roads and Utilities Should be Paid for by Developers
By Selected Demographics 31
Table 9C Outlying Areas Should be Annexed to Prevent Uncontrolled Growth %
By Selected Demographics 31
Table 10A Duplexes Should be Encouraged
By Selected Demographics 33
Table 1013 Duplexes Should be Encouraged
By Selected Demographics 34
Table 10C Condominium, ;.houid be Encouraged
By Selected Demographics 34
Tablo 10D Mobile Homes Should be Encouraged
By Selected Demographlcs...............
Table 11 Preferred Methods of Controlling Growth
By Selected Demographics . 36
Table 12 Preferred Level for City's Control of Growth
By Selected Demographics 37
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1. INTRODUCTION
The city of Denton contracted with the Survey Research Center at the University
of North Texas (SRC) to conduct a survey of its citizens to get their input on City growth.
The City of Denton is In process of developing a growth strategy to guide future
increases of population and construction within the city. The purpose of the survey vas
to gather citizen input regarding the amount, location, quality and timing of growth in i
Denton. Surveys were conducted during the month of September and Included citizens '
within Denton city limits.
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II. METHODOLOGY
A. Sample
The conceptual population for the survey was all residents of Denton over 18
years of age with telephones. Random digit dialing (RDD) was used as the method of
sample generation because it offers the best coverage of active telephone numbers,
and it reduces sample bias. The RDD method ensures that:
• the conceptual frame and sampling frame match;
• unlisted telephone numbers will be inc uded, and,
• the sampling frame will be as current a.. possible, thus maximizing the
probability new residents will be Included
To ensure that only citizens of Denton were interviewed, outlying areas where
telephone prefixes may cross city boundaries were identified. The instrument was
programmed, through the use of an initial filter question, to exclude those respondents
living outside of the Denton city limits.
B. Questionnaire
SRC staff In conjunction with city officials, prepared a draft questionnaire that l
was structured to include questions relevant to the survey's objectives. The
questionnaire also included demographic questions The introductory phase of the
questionnaire included a reference to complete confidentiality of the Information
collected. After several revisions, the final questionnaire was approved.
C. Data Collection
Trained telephone interviewers who had previous experience In telephone
surveys were used for the family survey. Intervl?veers were selected from SRC's
interviewer pwl. Each Interviewer completed an intenslve general training session. The
purposes of general training were to ensure that Interviewers understood and practiced
all of the basic skills needed to conduct Interviews and that they were knowledgeable
about SRC Interviewing conventions. The interviewers also attended a specific training
' session for the project The project training session provided information on the
background and goals of the study. Interviewers practiced administering the
questionnaire to become familiar with the questions
Surveys were conducted between September 8 and September 13, 1998. The
data collection resulted in a total of 402 usable interviews yielding a margin of error of
4 9 percent in the 95 percent confidence interval. This means, for example, that if 40
percent of the respondents answer "yes' to a question, we can be 95 percent confident
that the actual proportion of customers in the population who would answer "yes" to the
0 same question Is 4.9 percentage points higher or lower than 40 percent (35.1 percent to O
44.9 percent).
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Ill. SAMPLE CHARACTERISTICS
Table 1 presents a summary of the descriptive characteristics of the sample.
Approximately, 54 percent of respondents reported incomes of $40,000 or less, and
61.0 percent of the respondents have lived in the city for six years or more.
Sixty-three percent of the respondents were less than 46 years of age, and 36,6
percent were 46 and older. Fifty-six percent of the respondents owned their home, and
43.7 percent were renters. Sixty-five percent of the respondents did not have children
living at home, while 35.2 percent did have children under 18 years of age at home.
Thirty-nine percent of the households had 3 or more people living there. The
racial/ethnic breakdown was 82.4 percent white, 6.9 percent African American, 5.9
percent Hispanic, 3.1 percent Asian and 1.8 percent other. Fifty-nine percent of the
respondents were female. i`
Table 1
Sample Demographics
Characteristics Count Percent
Responding
Length of residence (n=402)
31012 years 43 10.7
1 to 5 years 114 28.4
61010 years 65 16.2
Over 10 ears 180 44.8
Home ownership (n=398)
Owner 224 56.3
Renter 174 43.7
Age group (n=402)
18-25 76 18.9
26-35 92 22.9
36-45 87 21.6
46.60 82 20.4
61-70 35 8.7
71 and over 30 7.5
Education (n=401)
Less than high school 19 4.7
High school degree 73 18.2
Some college 114 28.4
College degree 104 25.9
Graduate school or degree 91 22.7
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Table 1 (Continued)
Sample Demographics
Characteristics Count Percent
Responding
Income (n=386)
Less than $15,000 43 111
$15,001 - 25,000 72 18.7
$25,001 - 40,000 94 24.4
$40,OC I - 60,000 80 20.7
$60,001 - 75,000 48 12.4 !
Over $75,000 49 12.7
Race/ethnicity (n=393)
We 324 82.4
African American 27 6.9
Hispanic 23 5.9
Asian 12 3.1 j
Other 7 1.8
Gender (n=402)
Female 235 58.5
Male 167 41.5
Number of people in household (n=399)
1 76 19.0
2 167 41.9
3 69 17.3
4 55 13.8
5 or more 32 8.0 j
Have a ly children 18 or younger (n=401)
Yes 141 35.2
No 260 64,8
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IV. WORK AND TRANSPORTATION
Figure 1
Place of Employment
(nail")
I In Denton ,
53.9%
Not in Denton
27.1% j \
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Not Emptoyed
19.0%
• Respondents were asked if they worked inside or outside the city of Denton (see
Figure 1). Fifty-four percent of the respondents reported that they work within the {
city of Denton, 27.1 percent reported that they work outside of Denton. Nineteen
percent of the respondents did not work.
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Figure 2 II
Length of Drive to Work
(n=314)
I
s0%
551% ~
50%-
40%"
' I
30%-
7 e ex
20%,
10% 76
tj 140% 10 1 1 - I I . I
OX
1-a Milo 1-10 Mils 1145 Mils 11.25 Milo MM #Wn M M161
i
a As shown in Figure 2, of the respondents who are employed, 55.3 percent worked 1
to 5 miles from home. Twelve percent worked 6 to 10 miles from home, 7.6 percent
worked 11 to 15 miles froln home. Six percent reported working 16 to 25 miles from
home, and 18.8 percent travel more than 25 miles.
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Figure 3
Means of Transportation Used Most Often
(n*400)
100%
i0 3
eo%
•
60%
t
10% I
se
1.0% 1 5% S B
Own CsrRntc4 Wo ng Bicycle Bus Carpool olnw
• When asked to Indicate their primary method of transportation, 901 percent of the
respondents reported that they use their own car or truck. Nearly four percent
reported that walking was their primary method of tranWrtation. Less than two
percent of the respondents reported that their primary methods of transportation
were bicycle (1.0 percent), bus (1.0 percent), carpool (1.0 percent), of 'other.*
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Figure 4
Would Use Sidewalks/Walkways If Number was Increased
(n=400)
"
60%
50% n5'
36 5%
40%
20%
t~ o%
0%
A Lot A Little Not At All
. I
• Respondents were asked if the city increased the number of sidewalks and
walkways, what would be their frequency of usage (see Figure 4). Forty-eight
percent of the respondents reported that they would use them "a lot" compared to
38,5 percent who reported "a little" and 14.0 percent who reported "not at all,"
As shown in Table 2, percentage of respondents reporting they would use new
sidewalks and walkways "a lot" was higher among those who did not own a car or
truck (74.4 per.vnt) compared to those who did own a car or truck (44.8 percent).
Perceird usage would also bo higher among African American (70.4 percent) and
r "Other" (84.2 percent) respondents A greater percentago of respondents with
children under 18 in the household (55.3 percent) repotted that they would use !
♦ sidewalks and walkways "a lot" compared to 43 0 percent of the respondents without
children in the household. A greater percentage of women (58.8 percent compared
to 34.5 percent of the men) reported that they would use sidewalks and walkways "e
lot."
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Table 2
Would Use SldewalkslWalkways If Number was Increased
by Selta.ted Dcmographles
Demograp! lc -T A Lot A LK0e Not at All
Primary transportation meth, i
Own carltruck 44.8 40.4 14.8
Other 74.4 23.1 2.8
Race/ethnicity
White 42.4 421 15.5
African American _ 70.4 18.5 11.1 j
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Hispanic 50.0 36.4 13.6
Other ".2 15.8 OA
Children under 18 in household
Yes 55.3 35.5 9.2
No 43,0 40.3 16.7
Gender
female 56.6 34.5 8.9
Male 34.5 42 21.2
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Figure 5
Would Use BilitewayslB[cycle Lanes If Number was increased
000)
"
60% 1 I
50%
40% 75 ax
30% 77.7
20%
10%-
1[ 1
%
0
A Lot A LIM* Not At All
• Respondents were asked if the city Increased the number of bikeways and bicycle
lanes, would they use (see Figure 5). Thlrtysix percent of the respondents reported i
that they would use them "a lot" compared to 27.3 percent who reported 'a ittle" and
1
37.0 percent who reported "not at all."
As shown In Table 3, the percentage of respondents reporting that they would use
new sidewalks and walkways "a lot" generally Increased as the number of people In
a household Increased PM decreased as age Increased. The percentage of
respondents reporting they would use bikeways and bicycle lanes was higher among
these who did not own a car or truck (513.4 percent) oo pared to those who did own
a car or truck (33.7 percent). A greater percentage of respondents with children
0 under 18 in the household (413.1 percent) reported that they would use sidewalks
and walkways "a lot" compared to 30.2 percent of the respondents without children
in the household.
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Table 3
Would Use Blksways and Bicycle Lanes If Number was Increased
by Selected Demographics
Demographic A Lot A LNtle Not at A
Age
18-25 39.5 25.0 35.5
28.35 46.7 29.3 23.9
3645 37.9 35.6 26.4
46.60 30.5 24.4 45.4
61.70 15.2 242 60.6
Over 70 213 13.3 83.3
Primary transportation method
Own car/truck 33.7 27.9 38.4
Other 56.4 23.1 _ 20.5
Number of people In household
1 30.7 21.3 48.0
2 29.5 27.7 42.8
3 43.5 29.0 27.5
4 47.3 29.1 23.6
5 or more 43.8 28.1 28.1
Children under 181n household
Yes 46.1 31.2 22.7
No 302 24.8 45.0
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Figure 6
Would Use Public Transportation If Services were Increased
(na400) "
eo%
+e a
so% j
40%
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30%
2t 0
20%
10%
0%
A Lot A Little Not At All
6 Respondents were asked 0 the city increased public transportation services, how
often would they use the services (see Figure 6). Twenty-one percent of the
respondents reported that they would use transportation services "a lot" compared to
30.3 percent who reported "a little" and 48 8 percent who reported "not at all."
• As shown In Table 4, respondents reporting how often they would uss the services
"a lot" generally decreased as Income Increased (ranging from 42.9 percent for
those making less than 15,000 dollars to 10.2 percent of those making over 75,000
dollars). The percentage of respondents who replied "a IM" was also higher among
those who rented their home (27.6 percent compared to 113 percent of owners) and
• did not own a car or truck (51.3 percent compared to 17.8 percent of those owning a
car or truck).
Those reporting "a lot" of potential usage would also be higher among those who
were not workins (36.0 percent) and among respondents of "other" ethnicity (57.9
percent).
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Table 4
Would Use Public Transportation If Services were Increased
by Selected Demographics
Demographic A Lot A [tittle Not at All
Home ownership j
Own 15.3 30.2 54.5
Rent 27.6 29.9 42.5
Place of employment
Demon 16.7 33.6 47.7
Outside Denton 15.7 28.7 55.6
Not working 38.0 21.3 42.7
Primary transportation method
Own car/truck 17.8 30.4 51,8
Other 51.3 30.8 17.9
Income
Less than $15,000 42.9 18.7 40.5
$15.001 to $25 000 29.2 33.3 37.5
$25,001 to $40 000 18,1 35.1 46.8
$40,001 to $60,000 18.8 35.0 46.3
$60,00110 $76,000 8.3 208 70.8
Over $75,000 10.2 30.6 59.2
Race/ethnicity
While _ 16.8 29.8 53.4
African American 29.6 33.3 37.0
Hispanic _ 39.1 34.8 26.1
Other 57.9 31.8 10.5
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V. AMOUNT OF GROWTH
Table S
Agreement with Issues Concerning Amount of Growth'
Average Strongly Neutral Strongly
Score Disagree Agree
1-5 1 2 3 4 5
Growth that supports the 4.07 0.8%u 6 5%a 4.5% 61.2% 271%
city's universities should be l
encouraged n=399
Growth should be controlled 3.83 1.8 11.8 6.5 61.5 18.4
to the benefit of all income
rou s n=397
The city's boundaries should 3.75 2.3 10.4 3.7 66.9 11.7
expand as necessary to
accommodate growth n=393
Growth controls will protect 3,71 1.1 15.4 13.2 52.0 183
the ualit of life n=275)
A balance between the 3.49 1.3 21.3 12.4 56.6 8A
number of new homes and
businesses should be
achieved n=394
Nonresidential growth would 3.31 1.3 29.1 14.7 46.9 8.0
improve the school district's
tax base (n=375)
Taxes will Increase if growth 2.99 3.1 36.3 21.2 37.0 2.3
is controlled (n=386) I
Growth controls will 2.82 10.5 50.8 9.4 26.5 3.3
discourage investment ?
n=392)
Respondents were asked to rate, on a scale of 1 to 5 (with 1 as "strongly disagree
and : as strongly agree), their level of agreomerd on a series of questions
concerning the amount of growth In Denton. I hd% statements are listed In descending
order of average agreement ratings (see Table 5).
0 . On average, respondents agreed most with the statement, "growth that supports the
city's universities should be encouraged" (4.07 average rating, 88.3 percent
agreeing), Ratings were generally higher among those who were employed
compared to those who were not employed (see Tablo 5A). Average ratings
generally decreased as length of residence increased and were higher among
reWers.
0 • Next was the statement "growth should be controlled to the benefit of all Income
groups" {3.83 average rating. 79.9 percent agreeing) There were no significant
differences between groups.
'Scores were reversed from the survey Instrument for pfesenWion. since "elrongfy agree" was tal 4nd as m *5' and
"strongly disagree" was tallied as a "1; a higher "average ecwre' Indicates a stronger level of agreement.
14
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a The statement, "the city's boundaries should expand as necessary to accommodate I
growth," had an average rating of 3.75 with 78.8 percent of the respondents
agreeing. As shown in Table 58, agreement was higher among renters and
generally decreased as Income Increased.
a Seventy percent of the respondents agreed with the statement, "growth controls will
protect the quality of life" (3.71 average rating). There were no s'gnificant differences
between groups.
I
a Sixty-five percent of the respondents agreed with the statement, 'a balance between i
the number of new homes and businesses should be achieved" (3,49 average
rating). Respondents who were not employed Fad higher average ratings of this
statement (3.71) cnmpared to those employed it Denton (3.50) and those employed
outside of Denton (3.35).
a Fifty-five percent of the respondents agreed that non-residential growth would
Improve the school distdcl's tax base (3.31 average rating). There were no
sfgnlficant differences between groups.
a Thirty-nine percent of the respondents agreed that taxes would Increase if growth
were controlled (2.99 average rating), As shown in Table SC, agreement varied by
age and was higher t,-w- women.
a When asked if their level of agreement with the statement, "growth oontrois would
discourage Investment," 29.8 percent of the respondents agreed (2.82 average
rating). Responses varied by length of resldenos and by the number of people in a
household (see Table 5D).
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Table 5A
Agreement with Issues Concerning Amount of Growth
By Selected Demographics
Demographic Average
Score
1.5
Length of residence In Denton
3 to 12 months 4,23
1 to 5 ears 4,23
6 to 10 ears 4.12
Over 10 ears 191
Home ownership
Own 3.95
Rent 4,23
Place of employment
tnslde Denton 4.08
Outside Denton 4.18
Not workln 3.86
Table 58
Clues Boundaries Should Expand as Necessary
By Selected Demographics
Demographic Average
Score
1.5
Home ownership
Own 3.62
Rent 3.91
Income
Less than $16,000 4.09
15001to$25,000 3.90
$25,001 to $40,000 3.83
$40 0,001 1o $60,000 3.58
$60,001 1o $75,000 3.58
Over $75,000 3.59
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Table 5C
Taxes Will Increase If Growth Is Controlled
By Selected Demographics
Demographic Average ;
Scare
Age
18-25 3.15
28-35 3.05
38-45 3.13
Q-60 2.78
61-70 2.57
Over 70 3.03
Gender
female 3.13 '
Male 2.80
Table SD
Orowtn Controls Will Discourage Investment
By Selected Demographics
Demographic Average
Score
1.5
Length of time In Denton
3 to 12 months 2.85
1 to 5 ears 2.45
6 to 10 ears 2.40
Over 10 ears 2.74
Number of people in household
1 2.91
2 2.58
3 _ 2.58
4 2.68
5 or more 2.25
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VI. LOCATION OF GROWTH 1
Table 6
Agreement with Issues Concerning Locaticn of Growth'
Average Strongly Neutral Strongly
Score Disagree Agrae
1.5 1 2 3 4 5
A plan is necessGry 10 4.20 0.3% 33% 4.0% 61.5% 31.0'/6
de'ermine where dMerent
land uses should be allowed
n=397
The City should extend roads 4.10 0.5 2.5 3.7 73.1 20.2
and utilities to areas where
rowth is encoura ed 0=401 1
Growth should be distributed 3.56 1.3 17.5 12.3 62.0 7.0
evenly throughout the city
1
n=400
Compact growth allows Gty 3.33 16 21.2 19.6 53.9 2.6
services to be provided more
efficient) n=382 _
It Is more Important to control 3.31 2.0 29.2 12.8 47.4 8.6
where tha city grows than to
control how fast it grows
n=397
More intense, higher density 3.28 3.6 26.9 11.7 54.1 3.6
development should be
allowed if roads and utilities
I
aren't overburdened (n=394
All types of land uses should 2.53 14.7 49.1 6.8 28.8 2.5 f
be allowed in the S!yt n=395
• Respondents were asked to rate, on a scale of 1 to 5 1 1 as "strongly dis:,gree
and 5 as strongly agree), their level of agreement on a series of questions
concerning the location of growth in Denton. The statements are listed In descending
order of avcrgo agreement ratings (see Table 6)
e On average, respondents agreed most with the statement, "a plan is necessary to
Bete. mine where different land uses should be allowed" (4,20 average rating, 92.5
percent agreeing. Ratings vari2J by age and generally increased with education
and Income (see Table 6A).
a Next was the statement, "Ih) City should extend roads and utilities to areas where i
growth Is encouraged" (4.10 average rating, 93.2 percent agreeing). As shown In
Table 6B, ratings were lower among residents living in Denton more than 10 years
and among homeowners Ratings were h,3her among those who worked outside of C
Denton and varied by ago.
Scores were reversed from the survey instrumant for presentation. Since 'strong ly agree" was tallied as a'5' and
"strop disagree" was tallied es a'1,' a higher"eve rage score' indicates a stronger level of agreement.
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o The statement, "growth should be distributed evenly throughout the city," had an
average rating of 3.56 with 69.0 percent of the respondents agreeing. There were no
significant differences between groups.
a Fifty-seven percent of the respondents agreed with the statement "compact growth "
allows city services to be provided more efficiently" (3.33 average rating). As shown
In Table 60, agreement levels were higher among those who rented their home,
were not working, did not own a car or trur•k, and did not have children under the
age of 18.
a The statement, "it is more Import{ it to control where the city grows than to control
how fast 11 grows" had an average rating of 3.31 with 56.0 percent of the
respondents agreeing. Agreement generally Increased with length of resider'oe and
was higher among those not working (see Table 6D).
a Fifty-eight percent of the respondents agreed with the statement "more Intense,
higher density development should be allowed if roads and utilities aren't
overburdened" (3.28 average rating). Agreement ratings were h. -hojr among thos9
wLv.) rent their home Pnd who do not own a car or truck (see Table SE).
a Only 29,3 percent of the respondents agreed with the statement "all types of land
uses should be allowed In the city" (2,53 average rating). Sixty-four percent
h misagreed. Agreement varied by length of residence and generally decreased as
income increased (see Table 6F).
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Table AA i
A Plan Is Necessary to Determine Where Land Use Should be Allowed
By Selected Demographics
Demographlc Average
Score
Age
18-25 4.01
26-35 4.25
36.45 4.13
4"0 4.37
61.70 4.37
Over70 3.93
Educelion
High school or less 4.00
Some calla a 4.11
College graduate 4.29
Graduate schoolldeares 4.37
Income
Lest than $16,000 3,97
$1500' to $25,000 4.24
r
$25,001 to S40 000 _ 4.12
0.001 to $60,000 4.22
4.27
$60001 to $75,000
Over $75,000 4.39
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Survey Research Center, Unlversily OfNMh Texas
Table 8S
City Should Extend Roads r ,id Utilities Where Growth Is Encouraged
By Selected Demographics
erage
oore
Demographic P4.23
1.5
Length of residence m Denton
3 to 12 months 1 to 5 years 4.18
6 to 10 years 4.20
Over 10 ears 198
Home ownership
Own 4.05
Rent 4.18
Age
18-25 4.20
28.35 4.16
36-45 4.13
46-60 4.07
61-70 3.77
Over70 4.03
Poce of employment
Inside Denton _ 4.05
Outside Denton _ 4.26
Not working 4.05 ~
Table BC '
Compact Growth Allows City Services to be Provided More Ef ck ntiy
By Selected Demographics
demographic Average
Score
Home r.~wnership
Own Y_ 3.22
Rent _ 3.45
Pr-re of employment
nsi,;8 Donlon 3 27 _
Outs do Denton 321
Not working 9.69
Primary tra,iwrtation
Own carne ck 3.28
Other 3.76
t# Chlieren under 18 p
Yes 3,15
No 3,43
+af' Table 6D
It is More important to Control Location of growth Over Rate of Growth
Sy Selected Demographics
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h Taxes
Demographic Average
Score
1-5
Length of residence in Denton
3 to 12 months 2 93
1 to 5 ears 123
81010 ears 3.38
Over 10 ears 3.42
Place of employment
Inside Denton 3.32
Outside Denton 3.08
Not working 3.83
Table 8E
High Density Development Should be Allowed f
If Roads and Utilities are not OArburdened
By Selected Demagfnphlas
Demographic Average
Score
1.5
Home oxnershIp
Own 315
Rent 3.45
Primary transportation
Own car/truck 3.24
Other 3.83 1
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Table 6F
A Plan Is Necessary to Determine Where Land Use Should be Allowed
By Selected Demographics
Demographic Average
Score
1.5
Length of residence In Denton i
3 to 12 months 2.39
1 to 5 ears 2.72
6 to 10 ears 2.18
Over 10 ears 2.57
Income
Less than $15,000 2.90
$15,001 to $25,000 2.74
$25,001 to $40,000 2.bd
$40,001 to $60,000 2.36
$60.001 to $75 000 2.33
Over $75000 _ _ 2.42
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i
VII. QUALITY OF GROWTH
Table 7
Agreement with Issues Concerning Quality of Growth'
Average Strongly Neutral Strongly
Score Disagree Agree
1-5 1 2 3 4 5
New business and industrial 4.03 1,0% 4.0% 5.890 69.7% 19.5%
development will improve the
local economy n=399
New Industry is needed inside 3.73 2.8 13.1 9.3 58.0 16.8
the city to create more local
jobs and Improve the tax
base n=398 r
City government should take a 3.98 1.5 6.6 9.6 57.3 25.0
more active role In protecting
the environment (n=396)
If high quality development 2.54 6.7 58.9 11.1 20.8 2.6
occurs, growth won't need to
be controlled n=389
City government should 4.05 1.5 4.3 4.8 67.3 22.3
improve blighted or
deteriorating areas n=400
The city should use financial 3.50 2.0 19.9 18.1 45.6 14.4
incentives to attract new
business and Industrial
development n=397
Visual quality Is an Important 4.13 0.8 3.5 60 61.3 28,5
issue to address as growth
occurs r.=400
Respondents were asked to rate, on a kale of 1 to 5 (with 1 as "strongly disagree
ano 5 as strongly agree), their revel of agreement on a series of questions
concerning the quality of growth in Denton. The statements are listed In descending
order of average agreement ratings (see Table 7).
a On average, respondents agreed most with the statement, "visual quality Is an
important Issue to address as growh occurs" (4.13 average rating, 89.8 percent
agreeing). There were no slgr,?frcanl differences between groups.
Next was the statement, "City government should Improve blighted or deteriorating
areas" (4.05 average rating, 89 8 percent agreeing). There were no significant
differences between groups.
Eighty-nine percent of the respondents agreed with the statement, "new business
and Industrial development will Improve the local economy" (4,03 average rating).
There were no significant differences between groups,
'Scores were reversed from tho survey instrument for presentation. Since'strongly agree" was tallied as a "V end
_"strongl dy leagrea- was MIA as a' 1 " a higher *average score" Indicates + stronger level of agreement.
24
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0 The statement, 'City government should take a more active role In protecting the
environment," had an average rating of 3.98 with 82.3 percent agreeing. As shown In
Table 7A, Average ratings varied by length of residence and were higher among
women (4,06) than men (3.85).
a Seventy-five percent of the respr..,jents agreed with the statement, `new industry is
needed inside the city to create more local jobs and Improve the tax base" (3.73
average rating). Ratings generally increased with length of residence ranging from
3.64 for respondents living In Denton less than o year to 3.90 for respondents living
In Denton over 10 years.
9 Sixty percent of the respondents agreed with the statement, `The city should use
financial Incentives to attract new business and Industrial development" (3.60
average rating). Ratings were higher among home renters (3.66) compared to
home3wners (3.40).
e Twenty-three percent of the respondents agreed with the statement, "if high quality
development occurs, growth won't need to be controlled" (2.54 average rating). As
shown In Table 78, re3pons6s varied by age and were higher among those
respondents not working.
Table 7A
City Should Take Active Role In Protecting Environment
By Sslected Demographics
Demographic Average
Score
1.5
Length of residence in Denton
3 to 12 months 3.79
1 to 5 ears 3.90
6 to 10 ears 4.35
Over 10 ears 3,93
Gender
female 4,06
Male 3.65
a
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Table 713
Growth Control Unnecessary with High Quality Development
By Selected Demographics
Demographlc Average
Score
1.5
Age
18-25 2.54
26-35 2.60
3P-45 2.37
dd-60 2.37
61-70 2.81
Over 70 3.23
Place of employment
Inside Denton 2.50
Outside Denton 2.40
Not working 2.84
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Table 8
Agreement with Issues Concerning Mixed Use Development'
Ave. age Strongly Neutral Strongly
Score Disagree Agree
t-5 1 2 3 4 5
The City should allow mixed- 3.28 2.8% 26.4% 14.2% 52.8% 3.8°/s
use development within
n
existing =394 developed areas
The City shouk' allow mixed- 3.41 1.5 23.2 13.8 55.9 5.8
use development in x C,
undeveloped areas n=392
a Respondents were asked to rate their level of agreement with two statements
concerning mixed-use development (seo Table 8), r'
e Respondents were first asked to rate their agreement with the statement, "the City
should allow mixed-use development within existing developed areas." Fifty-seven
percent of the respondents agreed with an average rating of 3.28. As shown In Table
8A, agreement was higher among homeowners and among respondents without a
car or truck. Ratings varled by age, Income and ethnicity.
e Respondents were then asked to rate their agreement with the statement, "the City
should allow mixed-use development in undeveloped areas.' Sixty-two percent of
the respondents agreed with an average rating of 3,41. There were no significant
differences between groups,
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'Scores were reversed from the survey instrument for presentat m. Since "strongly agree" was tallied as a 154 arid
"strongly disagree" was tattled as a'1 " e higher "average score' Indicates a stronger level of egreemr d
27 '
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Survey Research Center, University Of North Texas
Table 8A
Mixed-Use Development Should be Allowed Within Existing Developed Areas
By Selected Demographics
Demographic Average
Srore
1.5
Home ownership
Own 3.15
Rent 3.48
Age
18.25 3.51
26.35 _ 3.22
3645 3.47
46.60 3.13
81.70 3.12
Over 70 2.89
Primary transportation
Own carltruclr 3.25
Other 3.62
Income
Less than $15,000 3.63
$15,001 to $25,000 3.27
$25,001 to $40,000 3,41
_ $40,001 to $60,000 3.31
$60,001 to $75,000 129
Over $75,000 2,94
Ethnicity
White 3.22
African American 3.70
Hispanic 3.57
Other 3.52
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VIII. TIMING OF GROWTH
Table 9
Agreement with Issues Concerning the Timing of Growth'
Average Strongly Neutral Strongly
Score Disagree Agree
1-5 1 2 3 4 5
To accommodate expected 3.74 1.00/0 10.6% 12.6% 644% 11.4%
,growth, roads and utilities
should be extended using
City funds n=396
Roads and utilities should be 3.69 1.3 11.2 17.0 58.9 111
extended when demanded by
growth and should be paid for
b developers (n=394) _
Development incentives 3.59 1,8 14.3 116 63.6 6.6
would be appropriate to
encourage development In
_
tanned rowth areas (n=275) I
The rate of growth, In terms 3.50 1.3 19.9 13.9 57.2 7.8
of both people and buildings,
should be controlled n=397
Outlying areas should be 3,36 2.6 211 19.0 50.4 6.2
annexed to prevent
uncontrolled growth at the
cit+Ls edges (n=389 l
• Respondents were asked to rate, on a scale of 1 tc 5 (will' 1 as "strongly disagree
and 5 as strongly agree), their level of agreement on a series of questions
concerning the timing of growth In Denton. The statements are listed in descending
order of average agreement ratings (see Table 9).
• On average, respondents agreed most with the statement, "to accommodate
expected growth, roads and utilities should be extended using City funds " (3.74
average ratng, 75.8 percent agreeing) As shown in Table 9A, average agreement
A ratings were higher among rentors and generally declined as age increased.
Next was the statement, "roads and utilities should be extended when demanded by
growth and should be paid for by developers" (3.59 average rating, 70.6 percent
agreeing). As shown In Table 9B, rnsponses varied by age and were higher among
those who were not employed.
A . Seventy percent of the respondents agreed with the statement, "dt ielopment
incentives would be appropriate to encourage development in planned growth areas" Q
(3 59 average rating). Avarage agreement ratings were higher among renters (3.73)
comparjd to homeowners (3,49).
1
'Scores were reversed from the survey instrument for presentation. Since "strongly agree" was tallied as o"50 and
"strorgly disagree" was tallied as a "t ' e higher "average sire' Indicates a stranger level of agreement. _
29 `
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a The statement, *the rate of growth, in terms of both people and bulloings, ahol J i*o
controlled" had an average rating of 3.50 with 65.0 percert agreeing, There wore to
significant differences between groups.
• Fifty-seven percent of the respondents agreed wk the.itatement, "outlying a x!as
should be annexed to prevent uncontrolled growth at the city's edges" (3.38 average {
rating). As shown In Tahle GC, average agreemerd ratings were higher among
homeowners and respcndenls who were not employed. Responsea varied by age. E '
Table 9A '
Expansion of Roads and Utilities Should be Paid for by City Funds
By Selected Demographics
r
Demographic Average
Score
Home ownership
Own 3.67
Rent 3.84 J
Age
18.25 _ 3.88
26.35 3,84
36.45 3.82
48-60 3,81
61.70 _ 3,40
Over 70 3,57
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I
Table 9B i
Expansion of Roads and Utilities Should be Paid for by Developers
By Selected Demographics
Demographic Average
Score
1'S ~ I
Age
18-25 3.68 j
26.35 3.77 f
36-45 3.43
46-60 3.72
61.70 3.94
Over 70 3.75
Place of employment
Inside Denton 3,60
Outside Denton 3.68
Not working
Table 9C
Outlylog Areas Should be Annexed to Prevent Uncontrolled Growth
By Selected Demographics
Demographic Average
Score
t-5
Home ownership
Own 3.45
Rent 3.23
Age
18-25 103
26.35 3.45
36.45 3.31
46-60 3.48
61.70 3.22
Over 70 3.98
Place of employment
Inside Denton 3.32
Outside Denton 3.25
Not working 3.68
- i
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Survey Research Center, University Of North Texas
Figure 7
Support for Construciton of Various Housing Types
(average n•371)
93.6%
Sinple•Flmlly
Residences
8.4%
17.7%
Duplexes
l
22.3%
B3 S%
Condominiums
302%
54.7%
Apartments
453%
24.1 %
N'obiie Homes
15.9%
7
n
--++'---1 1 -i
e 0% 20% 40% 60% 80% 100%
wenccurspsd poucouraged
e Respondents were asked if growth In various housing types should be encouraged
or discouraged (see Figure 7). Single-family resldence was the housing type that
received the most support with 93.6 percent of the respondents stating growth
should be encouraged. There were no significant differences between groups.
e Seventy-eight percent of the respondents said that they would encourage growth in
duplexes. As shown in Table 10A, support varied by respondent length of residence,
32
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Survey Research Center, Unhearsity Or North Texas
income and ethnicity. More renters (82.1 percent) supported duplexes compared to
homeowners (73.7 percent).
a Seventy-percent of the re;pondents sWod that they encouraged the growth of
condominiums. As shown In Table 106, support fnr condominiums varied by age '
and generally increased as education increased.
Fifty-five pe cent of the respundents stated that they encouraged the growth of
apartments. As shown In Ts.,'o IOC, support for apartments varied by age and
Income, A greater percentage of raspondents who rented lhe!r home and who d ;d
not own a car or truck supported the growth of apartments.
• Twenty-four percent of the respondents encouraged tho growth of mobile homes in
the City. The support for mobile homes decreas3d as education and Income
Increased (see Tabie 101)), Support was higher among Hispanic respondents and
among those respondents with children.
Table 1OA
Duplexes Should be Encouraged
By Selected Demographics
Demographic P, centage
Encouraged
Length of residence in Denton
3 to 12 months 87.8
1 to 5 ears _ T 76.1
6 to 10 years 65.6 1
Over 10 ears 80.6
Home ownership
Own _ 727
Rent 82.1
Income
Less than $15,000 90,1
_$15,001 to $25,000 Ph-
125 001 to $40,000_, 73.0
$40,001 to $60,000 72,4
$60,001 t.• $75,000 80,4
Over $75 000 68,8
Ethnicity
White 79.2
African American 76.9
Hispanic 50.0
Other 85.6
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Survey Research (.'enter, University Of North Texas
Table 108
Duplexes Should be Encouraged
By Selected Demographics
Uamographic Percentage
Eno:)ura ed
Age
18.25 59.7
26.35 65.9
36-45 70.7
46.60 80,8
61.70 81.8
Over 70 _ 57.1
Education
Hi h school or less 551
Some college 66.7
College graduate 78.9
Graluale school/de fee 78.3
Table 10C
Condominiums Should be Encouraged
By Selected Demographics
Demog•aphic Percentage
Encouraged
Home Ownership
Own 45.3
Rent 66.5
Age -
18.25 _ 711,
26.35 54.9
36-45 _ 58.2
46-60 45.7
61-70 _ 33.3
-44 Over 70 43.5
Primary transportation method
Own carltruck 52,8
0 Other 71.4
Income
Less than $15,000 71.8
$15,001 to 625,000 74.6
_ $25,001 to $40,000 53.0 _
$40,001 to $60,000 39.1
0 $60.001 to $752000 63.4 O 0
Over $7.5,000 40.9
R~ Table 1100
Mobile Homes Should be Encouraged
By Selected Demographics
34
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Survey Research Center, Untvarslry Of NMh Texas
Demographic Percentage i
Encouraged
Education
High school or less 52.3
Some college _ 23.6
College 4raduate 119
Graduate schooVd ree 9.2
Income
Less than $16,000 22.5
$15,001 to $25,000 36.0
$25 001 to $40,000 31.0
$40,001 to $60,000 23.4
$60,001 to $75,000 14.9
Over $75 000 8,3
Have children 18 or younger yr`
Yes 31.9
No 20,0
Ethnicity
White 21.6
African American 38.5
Hispanic 45.5
Other 21.1
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Figure 8
Preferred Methods of Controlling Growth
(n■378)
00%_
eo%
na ax
60%
40%
so s
20%,
la 8%
ra%
Quality kale Location d. anuty
• Respondents were asked if the city shoLid primarily manage growth by controlli,ig
the quantity, quality, location, or rate of growth (see Figure 8). Sixty-one percent of
the respondents stated that quality was most important. This was followed by rate
(203 percent), location 110,8 percc„t), aru quantity (7.9 percent),
• As shown In Table 11, responses differed by place of employment and education
level.
Table 11
Preferred Methods of Controlling Growth
By Selected Demographics
Demographic Quantity Duality Location ^Rate
Place of employm3nt
_ Denton 7.7 61.8 11.8 18.8
Oulside Denton 10.6 6716 7.8 13 7
Not workin 4,4 48.5 13.2 318
Education
High school or less 13.1 41.7 17.9 27.4
Q ,
e Some college 7.5 87.0 8,6 189
Colle a raduate 8,9 683 11,9 12,9
[ Graduate schoolldegree 4.8 83,2 8.0 24.1
39
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Survey Research Center, Unlverslfy Of Na4h Texas
Figure 9
Preferred Level for City's Control of Growth
(n■392)
60% SS T%
I
10°6
30%
20%-
10%* 5 7%
0%
High Medlum Low Not Invoraed it All
e Respondents were asked, "in order to respond to growth should the level of the
City's control through pcli-les and regulations be high, medium, low, or should the
city +1ot be Involved at all" (see Figure 9). The majority of respondents (551 percent)
reported that the level of city control should be "medium." Thls was followed by high
(29.0 percent) and low (9.9 percent).
e Answers varied by respondents with children 18 or younger and by gender (:ee
Table 12).
Table 12
Preferred Level for City's Control of Growth
By Selected Demographics
Demographic High Medium Low Not Involved
_ at All
Children 18 or younger
Yes 31.2 60.9 5.8 _ ?.2
No 28.0 52.8 12.2 7.1
Gender p
remale_ 34.2 52.8 7.9 5,3
Male 5,5
s
31
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Survey Reseach Center, UnNendy Of NoRh rexr: i
i ~
SUMMARY
This report details the findings observed from the 1998 Denton Growth
Management ; trategy Survey conducted for the City of Denton.
The findings included the opinions of Denton dtizerls to gather their input on a
variety of growth odented Issues, The findings from this report can be used to
understand citim n perceptions regarding the quantity, quality, location and rate of
current growth in the City. Citizens also gave P put on future directions for tech of these
broad topics. Findings are also broken down into the responses of several demographic
groups where those differences are statistically significant,
I
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! ! 2:0 1 Vol I wu 14 01
The City of Denton
Planning and Development Department
Invites you to attend public meetings concerning rill
Draft Growth Management Strategy
Meeting Locations
Scripture! Malone Area Denla Neighborhood I Southwest Area Northeast Denton Ana
Monday, October 26, 1998 Tuesday, October 27, 1996 Thursday, October 29, 1998
7:00 to 8:30 pm 7:00 to 8 30 pm 7:00 to 8:30 pm
Rayzor Elementary Cafeteria Borman Elementary Cafeteria Wilson Elementary Cafeteria
1400 Malone 1201 Parvin 1501 Emerson
Mack Park! East Denton Area East Denton! N.I.C.E. Neighborhood Southridge Neighborhood Area
Monday, November 2, 1998 Tuesday, November 3, 1998 Wednesday, Nuvember 4, 1998
700 to 8:30 pm 7:00 pm to 8 30 pm 7;00 to 8:30 pm
I.ee Elementary Cafeteria Marlin Luther King Jr. Rec Center Room A Houston Elementary Cafeteria
800 Mack Place 1300 Wilson 3100 Teasley
North Lakes! North Denton Area Downtown Arse
Thursday, November 5, 1998 Saturday, November?, 1996
7:00 to 8:30 pm 10.00 am to 12:00 noon
North Lakes Roe Center Meeting Room City Council Chambe 3, City Hall
2001 W. Windsor 215 E. McKlt,,ey
Hickory Croak f Far South Area King's Row! Silver Dome I Northeast Area
Monday, November 9, 1998 Thursday, November 12, 1998
7:00 to 8:30 pm 7,00 to 8:30 pm
McNair Elementary Cafeteria Hodge Elementary Cafeteria
1212 Hickory Creek Road 3000 Grant Parkway
Community Wide Workshop
Salurdati, November 14, 1998
9 am to 3.00 pm
Calhoun Middle School Cafeteria
709 Congress
41t please cell (940) 349.8356 If you plan on attending.
Work Sessions and Public Hearings
City Council Work Session Planning and Zoning Commission Clty Council Public Hearing
Tuesday, November 10, 1998 Public Hearing Tuesday, November 17, 1998
0:00 pm Wednesday, November 11, 1998 7:00 pm
City Council Work Session Room, City Hall 5 L0 pm City Council Chambers, City Hall O
215 E. McKinney City Council Chambers, City Hall 215 E, McKinney
215 E. McKinney
+o`
the Dreg orowth Management Strategy details she amount end !y, a at efkn the dry wM use to manage and control the
quality, quantity, locallon, and timing d growth In tknton. ? ann b and suggestions Grit vital to Pre planning process; ptesee
Q plan on attending one of these most mile For men i,furmabon. contact:
utaphen Cook, Denton Planning and Cevebpmard Watch our wobsne rd updatssl
221 N. Elm St, Denton 1X 7920+ M P!lhVWw.cl.dGnlon.ta.W
1940131aE35e aaoockt@ciyofdenton.com ~
31 x ~