1988-1822463L
NOTE Amended by Ordinance No 99-095
ORDINANCE NO V_ff -
AN ORDINANCE OF THE CITY COUNCIL AMENDING CHAPTER 5 1/2 (CABLE
TELEVISION) THE OF OF THE C, A
ORDINANCES
PROVIDINGDF FOR THE REPEAL OFT ALLPROVIDING
SEVERABILITY OFCLAUSE,CODE
IN CONFLICT HEREWITH, PROVIDING FOR A PENALTY NOT TO EXCEED
$200 00 DOLLARS, AND DECLARING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the Code of Ordinances of the City of
Denton s ereby amended b7 the amendment of Chapter 5 1/2,
entitled "Cable Television', which shall hereafter read as
follows
ARTICLE I IN GENERAL
Sec 5 1/2-1 Franchise granted and limitations
A franchise to be granted by the City of Denton pursuant to
this chapter shall grant to the Grantee, the right, privilege and
franchise to erect, construct, operate and maintain in, upon,
along, across, above, over and under the streets, alleys, public
ways and public places now laid out or dedicated and all such
extensions thereto and additions thereto in the City, and poles,
wires, cables underground, conduits, manholes, and other tele-
vision conductors and fixtures necessary for the maintenance and
operation of a Cable System for the interception, sale, trans-
mission and distribution of television programs and other audio-
visual electrical signals and the right to transmit the same to
the inhabitants of the City on the terms and conditions herein-
after set forth The City of Denton expressly reserves the right
to grant a similar use of said streets, alleys, public ways and
places to any person at any time during the period of this
franchise It is further the intention of this chapter to limit
the activity of a Grantee hereunder solely to the operation of
cable television systems within the City of Denton
Sec 5 1/2-2 Duration of franchise grant
The term of any franchise granted by the City of Denton
pursuant to this chapter shall be for a period of fifteen (15)
years from and after the grant and acceptance date of the
franchise to be awarded, subject to the conditions and
restrictions as here- inafter provided, and further provided that
the mayor and City Council shall have the right to review such
franchise periodically at such times as the mayor and City
Council may from time to time elect to do so and as hereinafter
provided
Sec 5 1/2-3 Franchise rights subject to police powers
In accepting a franchise, the Grantee acknowledges that its
rights thereunder are subject to the police power of the City to
adopt and enforce general ordinances necessary to the safety and
welfare of the public, and it agrees to comply with all applicable
general laws and ordinances enacted by the City pursuant to such
power, provided that such additional ordinances shall not
substantially or materially conflict with or alter in any manner
the rights granted in a franchise and shall not conflict with the
laws of the State of Texas, the United States of America or the
rules of the Federal Communications Commission
Secs 5 1/2-4 5 1/2-9 Reserved
ARTICLE II SHORT TITLE AND DEFINITIONS
Sec 5 1/2-10 Short Title, Definitions_
This chapter shall be known and may be cited as the "Denton
Cable Television Ordinance" of the Code of Ordinances of the City
of Denton, Texas, with the following definitions applicable
thereto
(a) Access channel means a channel dedicated in whole or in
part for oca programming which is not originated by a Grantee
(b) Cable services means the one-way transmission to sub-
scribers o video programming and other programming services
together with subscriber interaction, if any, which is required
for the selection of such programming and programming services
that the cable operator makes available to all subscribers
generally Examples of cable services include video programming,
pay-per-view, voter preference polls in the context of a video
program, teletexts, one-way transmission of any computer software,
and one-way videotex services such as news services, stock market
information, etc Non-Cable services include shop-at-home,
bank-at-home services, electronic mail, one-way and two-way
transmission of non-video data and information not offered to all
subscribers, data processing, video conferencing and voice
communication
(c) Cablecastin on ination and access means programming
exclusive o roa cast signals Carr a on a cable television
system
PAGE 2
(1) origination cabllec~ast~in~ Programming (exclusive of
broadcast signals carrHeon a cable television system over one
or more channels, and subject to the exclusive control of the
cable operator
(2) Access cablecasting
television sys em on iLs public,
leased channels
Services provided by a cable
education, local government, or
(a) Public access channel A specially designated
non-commercial public access c anne available on a first-come
nondiscriminatory basis for which the system shall maintain and
have available for public use at least the minimal equipment and
facilities necessary for the production of programming for such a
channel,
(b) Education access channel A specially designated
channel for use by oca educational authorities,
(c) Local overnment access channel A specially
designated channe or oca government uses,
(d) Leased access channel Portions of the system's
nonbroadcast bandwidth, nc u ng unused portions of the
specially designated channels for leased access services
(d) Cable S stem shall mean a facility, consisting of a set
of close transm ssion 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 Such term
does not include (1) a facility that serves only to retransmit
the television signals of one or more television broadcast
stations, (2) a facility that serves only subscribers in one or
more multiple unit dwellings under common ownership, control, or
management, unless such facility or facilities uses any public
right-of-way, (3) a facility of a common carrier which is
subject, in whole or in part, to the provisions of Title II of
the Communications Act of 1934, 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 (4) any facilities of any electric utility used solely for
operating its electric utility systems
(e) City means the City of Denton, Texas, including the
person, department, or agency designated by the City Council to
act in matters related to cable systems
PAGE 3
(f) Converter means an electronic device, which converts
signals to ~uency not susceptible to interference within the
television receiver of a subscriber, and by an appropriate
channel selector also permits a subscriber to view all signals
delivered at designated dial locations
(g) District means the area within which the cable operator
will provide service
(h) Federal Cable Communications Policy Act of 1984 shall
refer to 47 U S C 52. et se , as the same may be amended from
time to time and may hereafter be called the Cable Act
(i) Franchise means the right granted through a contractual
agreement etween the City and called a person, partnership or
corporation by which the City authorizes such person to erect,
construct, reconstruct, operate, dismantle, test, use and
maintain a cable system in the City
M Grantee means a party, its lawful successors and assigns,
to which- a franchise under the authority of this Chapter is
granted by the Council
(k) Gross Revenues means all cash, credits, property of any
kind or nature or other consideration derived directly or
indirectly by the Grantee, its affiliates, subsidiaries, parents,
and any other person or entity in which the Grantee has a
financial interest or which has a financial interest in the
Grantee arising from or attributable to operation of the Cable
System, including but not limited to
(1) revenue from all charges for services provided to
subscribers of entertainment and non-entertainment services
(including leased access fees),
(2) revenue from all charges for the insertion of com-
mercial advertisements upon the Cable System,
(3) revenue from all charges for the leased use of
studios,
(4) revenue from all charges for the installation,
connection and reinstatement of equipment necessary for the
utilization of the Cable System and the provision of subscriber
and other services, and
(5) the sale of cablecast of any programming developed
for community use or institutional users
PAGE 4
"Gross Revenues" shall include value at retail price levels,
or others remuneration
the value of
non--monetary form, received by the~Grantee other
above in consideration for performance by the Grantee or others
described above of any advertising or other service in connection
with the Cable System "Gross Revenues" shall not include con-
verter deposits, refunds to subscribers by the Grantee, subscriber
accounts which are in arrears and are deemed uncollectible by
generally accepted accounting practices, or items excluded by the
Federal Cable Communications Policy Act of 1984
(1) Programmer means any person, firm, corporation, or entity
who or w c produces or otherwise provides program material for
transmission by video, audio, digital, or other signals, either
live or from recorded tapes, to subscribers, by means of the
cable communications system
(m) School means any institution of the Denton Independent
School str ct, any nonprofit day care center, and any other
nonprofit educational institution
(n) Service basic and additional
(1) Basic Service shall mean any service for which
includes the transm ss on of local television broadcast signals,
and public, educational, and governmental access channels
(2) Additional services means any of the following Such
video services as the transm ssion of all leased access channel
signals not included in basic subscriber service, as well as the
transmission of cablecast video advertising messages and pay
television signals
(o) Street means the surface
any, public street, avenue,
driveway, bridge, tunnel, park,
other public right-of-ways, and
existing within the City
of and the space above and below
highway, boulevard, concourse,
alley, sidewalk, easement, all
public grounds, now or hereafter
(p) Subscriber means any person, firm, corporation, or other
entity who legally receives one or more of the services of a
Grantee herein
(q) Two-wa communications means the transmission of tele-
communicat ons s gna s rom subscriber locations or other points
throughout the system back to the system's control center as well
as transmission of signals from the control center to subscriber
locations
PAGE 5
(r) User denotes a person or organization utilizing a system
channel - or purposes of production and/or transmission of
material, as contrasted with receipt thereof, in a subscriber
capacity
ARTICLE III
PROVISIONS GOVERNING THE LENGTH, RENEWAL AND
TRANSFER OF A FRANCHISE
Sec. 5 1/2-20 _ Franchise Required, Duration, Exclusivit
(a) The City may grant a franchise for the use of the streets
within the City for the construction, operation, and maintenance
of a cable system No system shall be allowed to occupy or use
the streets of the city or be allowed to operate without a
franchise Any franchise awarded by an agreement in accordance
herewith shall be a nonexclusive franchise
(b) The franchise may be granted for a term not to exceed
fifteen (15) years, thereafter, after full public hearings, and
according to the franchise renewal procedure that follows, the
franchise may be renewed for periods of reasonable duration, not
to exceed fifteen (15) years, as in the opinion of the city
council will serve the public interest
Sec 5 1/2-21 Procedure to Consider Franchise Renewal
(a) A franchise may be renewed by the City upon application
of the Grantee pursuant to the procedure established in this
section and in accordance with the then applicable law During
the six month period which begins with the 36th month before the
expiration of the franchise agreement, the City may on its own
initiative, and shall, at the request of the Grantee, commence
proceedings which afford the public appropriate notice and
participation for the purpose of (1) identifying the future
cable-related community needs and interests, and (2) reviewing
the performance of the Grantee under the franchise during the
then current franchise term
(b) Upon completion of a proceeding under Sec 5 1/2-21(a),
the Grantee seeking renewal of a franchise may, on its own
initiative or at the request of the City, submit a proposal for
renewal Any such proposal shall contain such material as the
City may require, including proposals for an upgrade of the cable
system The City may establish a date by which such proposal
shall be submitted
PAGE 6
(c) (1) Upon submittal by the Grantee of a proposal to the
City for the renewal of the franchise, the City shall provide
public notice of such proposal and, during the four month perigqd
which begins on the completion of any proceedings under Sec 5 1/2
-21(a), renew the franchise or, issue a preliminary assessment
that the franchise should not be renewed and, at the request of
the Grantee or on its own initiative, the city manager shall
select a hearing officer who shall commence an administrative
proceeding, after providing prompt public notice of such ider
ceeding, in accordance with Sec 5 1/2-21(c)(2) to consider
whether
(i) the Grantee has substantially complied with the
material terms of the existing franchise and with
applicable law,
(ii) the quality of the Grantee's service, including
signal quality, response to consumer complaints,
and billing practices, but without regard to the
mix, quality, or level of cable services or other
services provided over the system, has been
reasonable in light of community needs,
(iii) the Grantee has the financial, legal, and
technical ability to provide the services,
facilities, and equipment as set forth in the
Grantee's proposal, and
(iv) the Grantee's proposal is reasonable to meet the
future cable-related community needs and
interests, taking into account the cost of
meeting such needs and interests
(2) In any such proceeding, the Grantee shall be afforded
notice and the Grantee and the City, or its designee, shall be
afforded fair opportunity for full participation, including the
right to introduce evidence, including evidence related to issues
raised in the proceeding under Sec 5 1/2-21(c)(1) to require the
production of evidence, and to question witnesses A transcript
shall be made of any such proceeding
(3) The Administrative Hearing Officer will make the
findings of fact required by Sec 5 1/2-21(c)(1) within sixty
(60) days of said proceeding and promptly submit these findings
to the City Clerk
(4) Upon receipt of the findings of fact, the City
Council shall issue a written decision granting or denying the
PAGE 7
proposal for renewal based upon said findings of fact, and
transmit a copy of such decision to the Grantee such decision
shall state the reasons thereof
(d) Any denial of a proposal for renewal shall be based on
one or more adverse findings made with request to the factors
described in subparagraphs (i) through (iv) of Sec 5 1/2-21
(c)(1), pursuant to the record of the proceeding The grounds of
denial shall not constitute a violation of the provisions of 47
U S C 546, as the same may be amended from time to time
(e) If the Grantee's proposal for renewal has been denied by
a final decision of the city made pursuant to this section, or
has been adversely affected by a failure of the City to act in
accordance with the procedural requirements of this section, the
Grantee may appeal such final decision or failure pursuant to the
provisions of 47 U S C 546(e) and 47 U S C 555
(f) Notwithstanding the provisions of subsections (a) through
(e) of this section, the Grantee may submit a proposal for the
renewal of the franchise pursuant to this subsection at any time,
and the City may, after affording the public adequate notice and
opportunity for comment, grant or deny such proposal at any time
(including after proceedings pursuant to this section have
commenced The provisions of subsections (a) through (e) hereof
shall not apply to a decision to grant or deny a proposal under
this subsection The denial of a renewal pursuant to this
subsection shall not affect action on a renewal proposal that is
submitted in accordance with subsections (a) through (e)
(g) The Grantee shall pay all costs incurred by the City
considering and processing a proposal for renewal as described in
subsections (a), (c)(1), (c)(3), and (f) of this section
Sec 5 1/2-22 Reevaluation
The City and the Grantee may hold scheduled reevaluation
sessions commencing in the seventh (7) year subsequent to the
Grantee's acceptance of a franchise agreement in accordance with
the terms of any franchise agreement
Sec 5 1/2-23 Forfeiture and termination
(a) The City reserves the right to forfeit and terminate a
franchise and all rights and privileges of the Grantee in the
event of a material breach of its terms and conditions In
interpreting this Chapter, material provisions shall include all
labeled as such and all others, which, under all the facts and
circumstances indicated, are a significant provision of the
PAGE 8
franchise agreement A material breach by Grantee shall include,
but shall not be limited to the following
(1) Violation of any material provision of the franchise
or any material rule, order, regulation or determination of the
city made pursuant to the franchise,
(2) Attempt to evade any material provision of the
franchise or practices any fraud or deceit upon the City or its
subscribers or customers,
(3) Failure to begin or complete system construction,
reconstruction or system extension as provided by the franchise,
(4) Failure to provide the types of services promised
subject to the recourse that is available under 47 U S C 545,
(5) Failure to restore service after ninety-six (96)
consecutive hours of interrupted service, except when approval of
such interruption is obtained from the City, or
(6) Material misrepresentation of fact in the application
for or negotiation of the franchise
(b) The foregoing shall not constitute a material breach if
the violation occurs but is without fault of the Grantee or occurs
as a result of circumstances beyond its reasonable control
Grantee shall not be excused by mere economic hardship nor by
misfeasance, malfeasance or nonfeasance of its shareholders,
directors, officers, or employees
(c) In the event that the City determines that the Grantee
has violated any provisions of the franchise, the city manager
may make a written demand that the Grantee comply with any such
provision and remedy such violation or violations if the
violation by the Grantee continues for a period of thirty (30)
days following such written demand, without written proof that
the corrective action has been taken or is being actively and
expeditiously pursued to the satisfaction of the City, the city
manager may place the issue of termination of a franchise before
the City Council in a hearing The city manager shall cause to
be served upon Grantee, at least twenty (20) days prior to the
date of such hearing, a written notice of intent to request such
termination and the time and place of the hearing
(d) At such hearing, the City Council shall hear and consider
the issue and shall hear any person interested therein, and shall
determine in its discretion whether or not any violation by the
Grantee has occurred
PAGE 9
(e) If the City Council shall
Grantee was the fault of Grantee
trol, the Council may, by resolut
of the Grantee shall be forfeited
compliance within such reasonable
establish
determine the violation by the
and within its reasonable con-
ion, declare that the franchise
and terminated unless there is
period as the City Council may
(f) The issue of forfeiture and termination shall auto-
matically be placed upon the agenda for the next regular Council
meeting at the expiration of the time set by the Council for
compliance The City Council then may terminate a franchise
forthwith upon finding that Grantee has failed to achieve
compliance or, in its discretion, may further extend the period
allowed to achieve compliance
(g) Upon conclusion of the hearing, the City Council shall
adopt a decision which includes findings of fact and conclusions
(h) Nothing herein shall be construed as a waiver of or
limitation on any right of the Grantee to seek relief in federal
or state court In the event of any determination by the City to
revoke or terminate a franchise, to impose a forfeiture of a
bond, letter of credit or other security fund or to impose a
substantial financial penalty which would have a material adverse
effect upon the Grantee, such a determination shall be stayed
during the pendency of any judicial review thereof
Sec 5 1/2-24 Continuity of Service
(a) It shall be the right of all subscribers to continue
receiving service insofar as their financial and other obligations
to the Grantee are honored In the event that the Grantee elects
to overbuild, rebuild, modify, or sell the system, or the City
gives notice of intent to terminate or fails to renew a franchise,
the Grantee shall act so as to ensure that all subscribers
receive continuous, uninterrupted service regardless of the
circumstances
In the event of a change of Grantee, or in the event a
new operator acquires the system, the Grantee shall cooperate
with the City, new Grantee or operator in maintaining continuity
of service to all subscribers During such period, Grantee shall
be entitled to the revenues for any period during which it
operates the system and shall be entitled to reasonable costs for
its services when it no longer operates the system
(b) In the event the Grantee fails to operate the system for
ninety-six (96) consecutive hours without prior approval of the
PAGE 10
City or without just cause, the City may, at its option, operate
the system or designate an operator until such time as Grantee
restores service under conditions acceptable to the City or a
permanent operator is selected If the City is required to
fulfill this obligation for the Grantee, the Grantee shall
reimburse the city for all reasonable costs or damages in excess
of revenues from the system received by the City that are the
result of the Grantee's failure to perform
Sec 5 1/2-25 Acquisition by City
(a) If a renewal of a franchise held by the Grantee is denied
and the City acquires ownership of the Cable System or effects a
transfer of ownership of System to another person, any such
acquisition or transfer shall be at fair market value, determined
on the basis of the Cable System valued as a going concern but
with no value allocated to the franchise itself
If a franchise held by the Grantee is revoked for cause
and the City acquires ownership of the Cable System or effects a
transfer of ownership of the system to another person, any such
acquisition or transfer shall be at an equitable price In the
determination of an "equitable price," such matters as the harm
to the community resulting from the Grantee's breach of the
franchise may be considered
The value of a Cable System (fair market value or
equitable price) shall be determined by an appraisal committee
consisting of three persons to be appointed by a judge of a court
of record of the City The Grantee, or its successors or assigns,
and the City shall each recommend one appointee to the court,
however, the court shall not be bound by such recommendations
No payment shall be made by the City to the Grantee by reason of
the value of the franchise itself
(b) It shall be understood that a condition of each contract
entered into by the Grantee with reference to operations under a
franchise shall be that each contract shall be subject to the
exercise of this authority by the City and that the City may be
substituted for the Grantee as a party to any such contract and
may succeed, at its direction, to all the privileges and the
obligations thereof at its option
Upon the termination of a franchise and the rights granted
thereunder, whether by expiration or forfeiture, the City Council
may direct and require the Grantee as provided in Sec 5 1/2-77
to remove its wires, cables, fixtures and accessories and
appurtenances from the streets
PAGE 11
Sec 5 1/2-26 Transfers and Assignments
(a) A franchise shall not be sold, assigned or transferred,
either in whole or in part, or leased, sublet, or mortgaged in
any manner, nor shall title thereto, either legal or equitable or
any right, interest or property therein, pass to or vest in any
person without the prior written consent of the City Such
consent shall not be withheld unreasonably
No such consent shall be required for a transfer of fran-
chise or the system in trust, mortgage, or other hypothecation as
a whole or in part to secure an indebtedness
The proposed assignee must show technical ability,
financial capability, legal qualifications and general character
qualifications as determined by the City and must agree to comply
with all provisions of the franchise and such conditions as may
be prescribed by the City Council and expressed by resolution
City shall be deemed to have consented to a proposed transfer or
assignment in the event its refusal to consent is not communi-
cated in writing to Grantee within one hundred twenty (120) days
following receipt of written notice of the proposed transfer or
assignment
(b) The Grantee shall promptly notify the City of any actual
or proposed change in, or transfer of, or acquisition by any
other party of, control of the Grantee The word "control" as
used herein is not limited to mayor stockholders but includes
actual working control in whatever manner exercised Every
change, transfer, or acquisition of control of the Grantee shall
make the franchise subject to cancellation unless and until the
city shall have consented thereto, which consent will not be
unreasonably withheld For the purpose of determining whether it
shall consent to such change, transfer or acquisition of control,
the City may inquire into the qualifications of the prospective
controlling party and the Grantee shall assist the City in any
such inquiry
(c) A rebuttable presumption that a transfer of control has
occurred shall arise upon the acquisition or accumulation by any
person or group of persons of 10 percent of the voting interest
of the Grantee
(d) The consent or approval of the City Council to any trans-
fer of the franchise shall not constitute a waiver or release of
the rights of the City in and to the streets, and any transfer
shall by its terms, be expressly subordinate to the terms and
conditions of any applicable franchise
PAGE 12
(e) In the absence of extraordinary circumstances, the City
shall not approve any transfer or assignment of a franchise prior
to substantial completion of construction of proposed system or
completion of a commitment to reconstruct, rebuild or upgrade an
existing system
(f) The City Council reserves the right of "first refusal" to
purchase a cable system at or above a bona fide offering price
being made by a third party when the system is placed on the
market for sale The City shall exercise such right within
ninety (90) days of notification by Grantee of pending sale, or
such right shall be forfeited
(g) In no event shall a transfer of ownership or control be
approved without any successor in interest accepting in writing
the terms and conditions of the franchise agreement as amended
(h) The Council reserves the right to review the purchase
price of any transfer or assignment of the system and any
potential assignee to this franchise expressly agrees and under-
stands that any negotiated sale value which Council determines
will cause a significant effect on subscriber rates in order to
finance the purchase may result in a denial of transfer
ARTICLE IV FRANCHISE TERRITORY - EXTENSION OF SERVICE
Sec 5 1/2-30 Construction and/or Reconstruction
span c e u e
(a) Grantee shall submit a construction plan or reconstruction
plan which shall be incorporated by reference and made a part of
the franchise agreement The plan shall include system design
details, equipment, specifications and design performance
criteria The plan shall also include a map of the entire fran-
chise area and shall clearly delineate the following
(1) The areas within the franchise area where the cable
system will be initially available to subscribers including a
schedule of construction for each year that construction or
reconstruction is proposed
(2) Areas within the franchise area where the cable
system cannot reasonably be extended due to lack of present or
planned development or other similar reasons, with the areas and
the reasons for not serving them clearly identified on the map
PAGE 13
(b) Nothing in this section shall prevent the Grantee from
constructing or reconstructing the system earlier than planned
However, any delay in the system construction beyond the times
specified in the plan report timetable must be submitted to and
approved by the City Council
(c) Any delay beyond the terms of construction or recon-
struction timetable, unless approved by the City Council, will be
considered a violation of this Chapter for which the provisions
of either Sections 5 1/2-62 or 5 1/2-23 shall apply, as deter-
mined by the City Council
Sec. 5 1/2-31 Construction or Reconstruction, Extensions
(a) Construction or reconstruction in accordance with the
plan submitted by a Grantee shall commence as soon after the
grant and acceptance of a franchise as is reasonably possible
Failure to proceed expeditiously shall be grounds for revocation
of a franchise Failure to proceed expeditiously shall be
presumed in the event construction or reconstruction is not
commenced within eighteen (18) months of the grant and acceptance
of a franchise
(b) Extension of the Cable System into any areas not specifi-
cally addressed in the plan shall nonetheless be required if the
terms of any of the following conditions are met
(1) Upon request of potential subscribers, a Grantee
shall extend the system to any contiguous area not designated for
initial service in the plan when there exists a density of 35
homes per street mile for aerial cable or 50 homes per street
mile for underground cable Extension shall be at Grantee's
cost If underground installation is required by regulation,
Grantee must make installation at Grantee's expense Where
aerial extension is allowed by regulation but underground
installation is requested by benefited subscribers, the cost of
undergrounding that exceeds estimated aerial extension cost may
be charged to such benefited subscribers
(2) In areas not meeting the requirements for mandatory
extension of service, a Grantee shall provide, upon the request
of five (5) or more potential subscribers desiring service, an
estimate of the costs required to extend service to said sub-
scribers Grantee shall then extend service upon request of said
potential subscribers according to the rate schedule Grantee
may require advance payment or assurance of payment satisfactory
to Grantee The amount paid by subscribers for early extension
shall be nonrefundable, and in the event the area subsequently
PAGE 14
reaches the density required for mandatory extension, such
payments shall be treated as consideration for early extension
(c) Nothing herein shall be construed to prevent a Grantee
from serving areas not covered under this section upon agreement
with property owners
Sec 5 1/2-32 New Development Undergrounding
(a) In cases of new construction or property development
where utilities are to be placed underground, the property owner
shall give Grantee reasonable notice of such construction or
development, and of the particular date on which open trenching
will be available for Grantee's installation of conduit and/or
cable Grantee shall also provide specifications as needed for
trenching
(b) Costs of trenching and easements required to bring
service to the development shall be borne by the property owner,
provided that if Grantee fails to install its conduit and/or
cable within five (5) working days of the date the trenches are
available, as designated in the notice given by the developer or,
then should the trenches be closed after the five (5) day period,
the cost of new trenching shall be borne by Grantee Except for
the notice of the particular date on which trenching will be
available to Grantee, any notice provided to Grantee by City of a
preliminary plat request shall satisfy the requirement of
reasonable notice The preliminary plat shall be made available
to the Grantee through the Development Review Committee process
Sec 5 1/2-33 Aerial and Underground Drops
(a) When requests for connection requiring an aerial drop
line in excess of one hundred and fifty (150) feet are made, the
Grantee must extend and make available cable television service
to such residents at a connection fee not to exceed the actual
installation costs incurred by the Grantee for the distance
exceeding one hundred and fifty (150) feet
(b) All areas required to be underground construction shall
require all underground drop installations of not more than 150
feet at the cost of the Grantee Connections in excess of 150
feet shall be at the expense of a subscriber, such expense to
equal Grantee's actual cost
Sec 5 1/2-34 Annexation
Upon the annexation of any new territory by the City of
PAGE 15
Denton, the portion of the cable system that may be located or
operated within such territory, and the streets, alleys, or public
grounds thereof, shall thereafter be subject to all the terms of
any franchise as though it were an extension made thereunder
ARTICLE V OPERATIONS
Sec 5 1/2-40 Access programming facilities
The Grantee must provide reasonable equipment to be used by
access cablecasters with the aid of a technical and production
staff to be provided by the operator Equipment that can store
programs for later showing shall be provided In addition,
Grantee shall make available a centrally located studio to all
access users on a first-come, first-serve basis Any applicant
to operate the system will be expected to demonstrate in its
application how it plans to make available the equipment, the
studio, and production and technical staff Applicants will be
given preference in the selection process for plans that will
most adequately meet these requirements A full schedule of
rates for use of equipment, studio, and technical and production
staff must be submitted to and agreed to by City If separate
rates are planned for mobile facilities, these must be also
included Rate preference may be given to noncommercial users
Sec 5 1/2-41 Hub system
The cable system design shall incorporate the use of a Hub
system with sufficient hubs to insure the quality of reception
required by the Federal Communications Commission
The Grantee shall be required to maintain the capability for
nonvoice return communications
Sec 5 1/2-42 Emergency override
The Cable System shall include an "emergency alert" capability
which will permit the mayor, or the mayor's designated representa-
tive, to override, by remote control, the audio and/or video of
all channels involved in retransmission of television broadcast
programming The cable operator shall designate a channel which
will be used for emergency broadcasts
Sec 5 1/2-43 Standby power
The Cable System operator shall maintain equipment capable of
PAGE 16
providing standby powering for headend transportation and trunk
amplifiers for a minimum of two (2) hours The equipment shall
be constructed so as to automatically notify the cable office
when it is in operation and to automatically revert to the
standby mode when the AC power returns All utility safety regu-
lations must be followed to prevent injury to linemen resulting
from a standby generator powering the "dead' utility line
Sec 5 1/2-44 Privacy
Use of data obtained from subscribers shall be authorized
only in accordance with the provisions of 47 U S C 551, as
amended
Sec. 5 1/2-45
:ch for alt
-native use of off-air
Grantee shall install an RF switch upon request
subscriber
ARTICLE VI STANDARDS AND SPECIFICATIONS
Sec 5 1/2-50
by a
mallation and maintenance of
Methods of construction, installation, and maintenance of the
Cable System shall comply with the most recent edition of the
National Electrical Safety Code, National Electrical Code of
1985, as the same may be amended from time to time, and all
applicable laws and regulations to the extent that such codes are
consistent with local law affecting the construction,
installation, and maintenance of electric supply and
communications lines To the extent that such code is
inconsistent with other provisions of this franchise or with
local law, the latter shall govern
Sec 5 1/2-51 System tower - Standards
(a) Any tower constructed for use in the Cable System shall
comply with the standards contained in Structural Standards for
Steel Antenna Towers and Antenna Supporting Structures, EIA
Standards RS-222-A as published by the Engineerin Department of
the Electronic Industries Association, 2001 EYE (II Street, N W
Washington, D C 20006
(b) Installation and physical dimensions of any such tower
shall comply with any appropriate Federal Aviation Agency
regulations
PAGE 17
(c) Any antenna structure used in the Cable System shall
comply with Construction Marking, and Lighting of Antenna
Structure, 47 C F R 17 1 et sue, and all applicable laws and
regulations
Sec. 5 1/2-52 Premises, safety
All working facilities and conditions used during construc-
tion, installation, and maintenance of the City's cable television
system shall comply with the standards of the occupational Safety
and Health Administration
Sec 5 1/2-53 Service Standards
(a) A Grantee shall put, keep, and maintain all parts of the
system in good condition throughout the entire franchise period
(b) Upon termination of service to any subscriber, a Grantee
shall promptly remove all its facilities and equipment from the
premises of such subscriber upon subscriber's request
(c) Grantee shall render efficient service, make repairs
promptly, and interrupt service only for good cause and for the
shortest time possible Such interruptions, insofar as possible,
shall be preceded by notice and shall occur during periods of
minimum system use
(d) Grantee shall not allow its cable or other operations to
interfere with television reception of persons not served by
Grantee, nor shall the system interfere with, obstruct or hinder
in any manner, the operation of the various utilities serving the
residents of the City
(e) A Grantee shall continue, through the term of the fran-
chise, to maintain the technical, operational, and maintenance
standards and quality of service set forth in this Chapter and
franchise agreement Should the City find, by resolution, that a
Grantee has failed to maintain these standards and quality of
service, and should City, by resolution specifically enumerate
corrections to be made to come into compliance, a Grantee shall
make such corrections Failure to make such corrections within
three (3) months of such resolution will constitute a breach of
condition for which the remedy set forth in Section 5 1/2-62 is
applicable
Sec 5 1/2-54 Technical Standards
Grantee shall construct, install, operate and maintain its
PAGE 18
system in a manner consistent with all laws, ordinances, and
construction standards of the City of Denton, the Federal
Communications Commission, the NCTA Recommended Practices for
Measurements on Cable Television Systems, published by the
National Cable Television Association, and detailed standards
submitted by Grantee as part of its application, which standards
are to be incorporated by reference in the franchise agreement
In addition, each Grantee shall provide the City with a written
report of the results of the Grantee's annual proof of perfor-
mance tests conducted pursuant to FCC standards and requirements
Grantee shall pay the costs incurred by the City for any technical
assistance deemed necessary by the City for obtaining independent
verification of technical compliance with all standards
ARTICLE VII LOCAL REGULATORY FRAMEWORK AND REGULATIONS
Sec. 5 1/2-60 Remedies to Subscribers
(a) In the event that its service to any subscriber is
interrupted for twenty-four (24) consecutive hours, except for
acts of God, and except in circumstances for which the prior
approval of the interruption is obtained from the city council,
Grantee shall provide a ten (10) per cent rebate of the monthly
fees to affected subscriber
(b) In the event that its service to any subscriber is
interrupted for forty-eight (48) consecutive hours, except for
acts of God, and except in circumstances for which the prior
approval of the interruption is obtained from the rebay council, the
Grantee shall provide a twenty (20) per cent
monthly fees to affected subscribers
(c) In the event that its service to any subscriber is inter-
rupted for seventy-two (72) or more consecutive hours, except for
acts of God, and except in circumstances for which the prior
approval of the interruption is obtained from the city council,
Grantee shall provide a hundred (100) per cent rebate of the
monthly fees to the affected subscribers
(d) The time limits prescribed in subsections (1), (2) and
(3) shall be measured from the time that the subscriber notifies
the Grantee
Sec 5 1/2-61 Security Fund
(a) Within twenty (20) days after the effective date of a
franchise agreement, the Grantee shall deposit with the City's
PAGE 19
Executive Director of Finance, and maintain on deposit through
the term of any franchise, the sum of Sixty-Five Thousand
($65,000) Dollars in monies, as security for the faithful
performance by it of all the provisions of this franchise
agreement, and compliance with all orders, permits and directions
of any agency of the City having jurisdiction over its acts or
defaults under this contract, and the payment by the Grantee of
any claims, liens and taxes due the City which arise by reason of
the system construction, and the payment reconstruction, by the operation of any maintenance
pe penalties for
liquidated damages due the City pursuant to this ordinance or a
franchise agreement
(b) The City Manager may draw upon the security fund in the
event of any of the occurrences set forth in this Section and in
Section 5 1/2-62 Within ten (10) days after notice to it that
any amount has been withdrawn from the security fund deposited
pursuant to subdivision (a) of this section in accordance with
Section 5 1/2-62 (Liquidated Damages), the Grantee shall pay to
or deposit with the Executive Director of Finance a sum of money
sufficient to restore such security fund to the original amount
of $65,000 Dollars Failure to restore said security fund to the
original amount shall constitute a material breach
(c) Examples of a basis for drawing upon the security fund
include, but are not limited to the following
failure of the Grantee to pay to the City any taxes
after ten (10) days written notice of delinquency,
2 failure of the Grantee to pay to the City after ten
(10) days written notice, any amounts due and owing
the City by reason of the indemnity provision of
Section 5 1/2-78 of this Chapter,
(3) failure by the Grantee to pay to the City, any
liquidated damages due and owing to the City
pursuant to Section 5 1/2-62 of this Chapter,
(4) failure by the Grantee to pay to the City any
amounts due pursuant to Section 5 1/2-21(g) of this
Chapter,
(5) failure by the Grantee to pay, upon ten (10) days
written notice, any amounts owing as franchise fees
pursuant to Section 5 1/2-69 of this Chapter
(d) The security fund deposited pursuant to this Section
PAGE 20
shall become the property of the City in the event that this
contract is cancelled by reason of the default of the Grantee
The Grantee, however, shall be entitled to the return of such
security fund, or portion thereof, as remains on deposit with the
Executive Director of Finance at the expiration of the term of the
franchise agreement, provided that there is then no outstanding
default on the part of the Grantee
(e) The rights reserved to the City with respect to the
security fund are in addition to all other rights of the City
whether reserved by this contract or authorized by law, and no
action, proceeding or exercise of a right with respect to such
security fund shall affect any other right the City may have
Sec 5 1/2-62 Liquidated Damages
By acceptance of the franchise granted by the City, the
Grantee understands and shall agree that failure to comply with
any time and performance requirements as stipulated in this
Chapter and the franchise agreement will result in damage to the
City, and that it is and will be impracticable to determine the
actual amount of such damage in the event of delay or nonperfor-
mance therefore the franchise agreement shall include provisions
for liquidated damages to be paid by the Grantee, in amounts set
forth in the franchise agreement and chargeable to the security
fund for the following concerns
(a) Failure to complete system construction or
reconstruction in accordance with use of streets, erection of
poles, undergrounding relocation, Sections 5 1/2-30 and 5 1/2-77
of this Code, unless the City Council specifically approves the
delay, by motion or resolution, due to the occurrence of
conditions beyond Grantee's control, the Grantee shall pay Five
Hundred Dollars ($500 00) per day for each day, or part thereof,
the deficiency continues
(b) Failure to provide upon written request by the City,
data, documents, reports, or other information, the Grantee shall
pay Fifty Dollars ($50 00) per day, or part thereof that each
violation occurs or continues
(c) Failure to test, analyze and report on the performance
of the system following a written request by the City pursuant to
part City tOne erofar that Dollars
this ordinance, e for Grantee
each shall day,~a or to
($100 00) per day such
noncompliance continues
(d) Failure to provide in a continuing manner the types of
services proposed in the accepted application, unless the Council
specifically approves Grantee a delay or change, or the Grantee
PAGE 21
has obtained modification of its obligation under Section 625 of
the Cable Act, Grantee shall pay to the City Five Hundred Dollars
($500 00) per day for each day, or part thereof, that each
noncompliance continues
(e) Upon determining that there has been a failure to make
improvements in accordance with Section 5 1/2-53, Grantee shall
pay to the City Two Hundred Fifty Dollars ($250 00) for each day,
or part thereof, that such noncompliance continues
(f) Any other action or non-action by the Grantee, as agreed
upon between the City and Grantee, and set forth in the franchise
agreement Nothing in this section shall preclude further
liquidated damages as agreed upon by the parties in the franchise
agreement
(g) If the City Manager concludes that the Grantee is liable
for liquidated damages pursuant to this Section, he shall issue
to Grantee by certified mail a notice of intention to assess
liquidated damages The notice shall set forth the basis for the
assessment, and shall inform the Grantee that liquidated damages
will be assessed from the date of the notice unless the assess-
ment notice is appealed for hearing before the City Council and
the City Council rules (1) that the violation has been corrected,
or (2) that an extension of time or other relief should be
granted The Grantee desiring a hearing before the City Council
shall send a written notice of appeal by certified mail to the
City Manager within 10 days of the date on which the City sent
the notice of intention to assess liquidated damages The
hearing on the Grantee's appeal shall be within 30 days of the
date on which the City sent the notice of intention to assess
liquidated damages After the hearing, if the City Council
sustains in whole or in part the City Manager's assessment of
liquidated damages, the City Manager may at any time thereafter
draw upon the Letter of Credit required by Section 5 1/2-61
Unless the City Council indicates to the contrary, said
liquidated damages shall be assessed beginning with the date on
which the City sent the notice of the intention to assess
liquidated damages and continuing thereafter until such time as
the violation ceases, as determined by the City Manager
(h) Nothing herein shall be construed as a waiver of or
limitation on any right of the Grantee to seek relief in federal
or state court In the event of any determination by the City to
revoke or terminate a franchise, to impose a forfeiture of a bond,
letter of credit or other security fund or to impose a substantial
financial penalty which would have a material adverse effect upon
the Grantee, such a determination shall be stayed during the
PAGE 22
pendency of any judicial review thereof
Sec 5 1/2-63 Construction Bond
(a) Not less than thirty (30) days before the construction
start date set forth in any franchise agreement, the Grantee
shall obtain and maintain at its cost and expense, and file with
the City Secretary, a corporate surety bond in a company
authorized to do business in the State of Texas and found
acceptable by the City's Risk Manager, in an amount established
in the franchise agreement to guarantee the timely construction
and/or reconstruction and full activation of the Cable System and
the safeguarding of damage to private property and restoration of
damages incurred with utilities
The bond shall provide, but not be limited to, the
following condition There shall be recoverable by the City,
jointly and severally from the principal and surety, any and all
damages, loss or costs suffered by the City resulting from the
failure of the Grantee to satisfactorily complete and fully
activate the Cable System throughout the franchise area pursuant
to the terms and conditions of this Chapter and the Franchise
Agreement
(b) Any extension to the prescribed construction or recon-
struction time limit must be authorized by the city Council
Such extension shall be authorized only when the City Council
finds that such extension is necessary and appropriate due to
causes beyond the control of the Grantee
(c) The construction bond shall be terminated only after the
Council finds that the Grantee has satisfactorily completed
initial construction and activation or reconstruction of the
Cable System pursuant to the terms and conditions of this Chapter
and the Franchise Agreement
(d) The rights reserved to the City with respect to the
construction bond are in addition to all other rights of the
City, whether reserved by this Chapter or authorized by law, and
no action, proceeding or exercise of a right with respect to such
construction bond shall affect any other rights the City may have
(e) The construction bond shall contain the following endorse-
ment
It is hereby understood and agreed that this bond may not
be cancelled by the surety nor the intention not to renew be
stated by the surety until sixty (60) days after receipt by the
City, by registered mail, or written notice of such intent to
cancel or not to renew
PAGE 23
Sec 5 1/2-64 Authority, Cable TV Advisory Board
(a) The City shall exercise continuing regulatory authority
under the provisions of this ordinance and applicable law This
authority shall be vested in the City Council and administered
through the City Manager or his designee This authority includes
the adoption of reasonable rules and regulations necessary to
enable the City to perform administration and enforcement
activities
(b) A Cable TV Advisory Board consisting of five (5) members
who shall serve for three (3) year terms with such terms to be
staggered is hereby established Each board member shall be
appointed and shall serve at the pleasure of the council The
Board shall advise the City Council on its regulatory jurisdiction
and shall have the following responsibilities and duties at the
direction of the City Council
(1) Resolving disputes or disagreements between sub-
scribers and the Grantee after an investigation should the
subscriber and the Grantee not first be able to resolve their
view or disagreement Said decision or findings may be appealed
to the City Council,
(2) Reviewing and auditing all reports and filings
submitted to the City as required hereunder and such other
correspondence as may be submitted to the City concerning the
operation of the cable television network, and reviewing the
rules and regulations set by the Grantee, and
(3) Assuring that all tariffs, rates, and rules pertinent
to the operation of the Cable System in the City of Denton are
made available for inspection by the public at reasonable hours
and upon reasonable requests
Sec 5 1/2-65 Procedure for Formal Action
(a) Any formal inquiry, proceeding, investigation, or other
formal action to be taken or proposed to be taken by the City
Council in regard to the operation of a Grantee's cable tele-
vision system, including action, if permitted by Federal and
State law, in regard to an increase in subscription rates, shall
be taken only after thirty (30) days public notice of such action
or proposed actions is published in a local daily or weekly news-
paper having general circulation in the City of Denton, a copy of
such action or proposed action is served directly on the Grantee,
and the Grantee has been given an opportunity to respond in
PAGE 24
writing and/or a hearing as may be specified by the City Council,
and general members of the public have been given an opportunity
to respond or comment in writing on the action or proposed action
(b) The public notice required by this action shall state
clearly the action or proposed action to be taken, the time pro-
vided for response and the person or persons and authority to
whom such responses should be addressed, and such other proce-
dures as may be specified by the Cable TV Advisory Board If a
hearing is to be held, public participation will be allowed The
Grantee is a necessary party to any hearing conducted in regard
to this operation
Sec. 5 1/2-66 Functions to be Regulated
(a) Each Grantee shall maintain an office in the City, which
shall be open during all usual business hours, have a publicly
listed telephone, and be so operated that complaints and requests
for repairs or adjustments may be received on a twenty-four (24)
hour basis
(b) Each Grantee shall maintain a repair and troubleshooting
force capable of responding to subscriber complaints or request
for service within twenty-four (24) hours after receipt of the
complaint or request No direct charge shall be made to the
subscriber for this service
Sec. 5 1/2-67 Subscriber Complaint Procedure
(a) Subscriber notice of complaint procedures Each Grantee
shall establish procedures for receiving, acting upon and
resolving subscriber complaints to the satisfaction of the City
Manager The Grantee shall furnish a notice of such procedures
to each subscriber at the time of initial subscription to the
system and at least once a year thereafter
(b) Complaint records The Grantee shall maintain a written
record or "log," listing date and time of customer complaints,
identifying the subscriber and describing the nature of the com-
plaints and when and what action was taken by the Grantee in
response thereto, such record shall be kept at Grantee's local
office, reflecting the operations to date for a period of at least
three (3) years, and shall be available for inspection during
regular business hours without further notice or demand by the
City Manager
(c) Repetition of similar complaints When there have been
similar complaints made or where there exists other evidence,
which, in the judgment of the Council casts doubt on the
PAGE 25
reliability or quality of cable service, the Council shall have
the right and authority to compel the Grantee to test, analyze
and report on the performance of the system Such test or tests
shall be made, and the reports of such test or tests shall be
delivered to the City no later than fourteen (14) days after the
City formally notifies the Grantee Such report shall include
the following information
(1) The nature of the complaint which precipitated the
special tests,
(2) What system component was tested,
(3) The equipment used and procedures employed in said
testing, and
(4) The method in which such complaints were recorded
Any other information pertinent to the special test shall be
recorded
Said tests and analyses shall be supervised by a professional
engineer, not on the permanent staff of the Grantee The afore-
said engineer should sign all records of special tests and forward
to the City such records with a report interpreting the results
of the tests and recommending actions to be taken by the City
The City's right under this provision shall be limited to
requiring tests, analyses and reports covering specific subjects
and characteristics based on said complaints or other evidence
when and under such circumstances as the City has reasonable
grounds to believe that the complaints or other evidence require
that tests be performed to protect the public against substandard
cable service
Sec 5 1/2-68 Equal Opportunity Policy
(a) A Grantee shall not deny service, deny access, or other-
wise discriminate against subscribers, channel users, or general
citizens on the basis of race, color, religion, national origin,
or sex
(b) A Grantee shall strictly adhere to the equal employment
opportunity requirements of the FCC, as expressed in Sections
76 13 (h) and 76 311 of Chapter 1 of Title 47 of the Code of
Federal Regulations and Section 634 of the Cable Act
The Grantee shall comply at all times with all other applic-
able federal, state, city, and county laws, and all executive and
PAGE 26
administrative orders relating to nondiscrimination The Grantee
shall make a positive effort to hire racial minorities, women and
other protected groups as subcontractor if available and
qualified
Sec. 5 1/2-69 Payment of Franchise Fee
(a) For the reason that the streets to be used by the Grantee
in the operation of its system within the boundaries of the City
are valuable public properties acquired and maintained by the
City at great expense to its taxpayers, and that the grant to the
Grantee to the use of said streets is a valuable property right
without which a Grantee would be required to invest substantial
capital in right-of-way costs and acquisitions, and because the
City will incur costs in regulating and administering the
franchise, the Grantee shall pay to the City, for the first ten
years from the date of acceptance from a franchise, an amount
equal to five percent (5%) of Grantee's gross annual revenue from
all sources attributable to the operations of the Grantee within
the confines of the City Should a franchise agreement exceed
ten years in length, the Grantee shall pay a franchise fee equal
in amount to the maximum permitted by law, provided that such
amount shall not exceed seven percent (7%)
(b) The franchise fee shall be payable quarterly to the
city The Grantee shall file a complete and accurate verified
statement of all collected gross revenue including itemization
for each type of revenue received within the City during the
period for which said quarterly payment is made, and said payment
shall be made to the City not later than forty-five (45) days
after the expiration of the date for which payment is due
(c) The Executive Director of Finance of the City may, from
time to time during the term of a franchise, prescribe standards
governing the nature, extent and type of accounting system and
accounting procedures utilized by the Grantee and require changes
in accounting standards or procedures utilized by the Grantee,
for the purpose of promoting the efficient administration of the
franchise fee requirements of this ordinance Any such standards
shall be in writing, shall be filed with the City Secretary, and
shall be mailed to the Grantee to whom directed The Grantee
shall promptly comply with all such standards
During the term of each franchise, the City may, not more
frequently than once a year, conduct an audit of the books,
records and accounts of the Grantee for the purpose of determining
whether the Grantee has paid franchise fees in the amounts pre-
scribed by Section 5 1/2-69(a) The audit may be conducted by
PAGE 27
the city staff or by an independent certified accounting firm
retained by the City, and shall be conducted at the sole expense
of the City The party conducting the audit shall prepare a
written report containing its findings, and the report shall be
filed with the City, and mailed to the City and Grantee Any
additional amount due the City as a result of the audit shall be
paid within 30 days following written notice to the Grantee from
the City
(d) In the event that any franchise payment or recomputed
amount, cost or penalty, is not made on or before the applicable
dates heretofore specified, interest shall be charged from such
date, compounded daily, at the annual rate equivalent to the then
existing prime rate, as established by NCNB Texas National Bank,
Dallas, plus two (2%) percent
Sec 5 1/2-70 Rates
To the extent permitted by federal and state law, the City
may regulate the following rates, fees and charges
(a) Rates for the provision of basic cable service to
subscribers whether residential or commercial, including multiple
tiers of basic cable service
(b) Rates for the initial installation or the rental of
one set of the minimum equipment which is necessary for the
subscribers' receipt of basic cable service
(c) Any other rates for any type of services delivered by
the Grantee that may become subject to local regulation
The Grantee may petition the Council for a change in
rates subject to regulation by filing a proposed rate schedule
with the City Clerk The following procedure shall be followed
(1) The Grantee may petition the council for a change
in rates by filing a revised rate schedule including the
justification(s) for said proposed new schedule,
(2) Within ten (10) days of notification by the
Council of the place and time established for a hearing on said
petition, the company shall notify its subscribers of the same
day by announcement on at least two (2) channels of its system,
between the hours of 7 00 and 9 00 p m , for five (5) consecutive
days Following all proper notice, but in no event later than
ninety (90) days from the date of said petition, the council
shall hold an appropriate public hearing to consider the proposed
PAGE 28
new rates, at which hearing all parties desiring to be heard,
including the company, shall be heard on any matters relating to
the performance of this franchise, the company's services, and
the proposed new rates,
(3) Within ninety (90) days after said hearing, the
Council shall render a written decision on the company's
petition, either accepting, rejecting, or modifying the same and
reciting the basis of its decision,
(4) The criteria for the Council's decision in such
matters shall be the establishment of rates which are fair and
reasonable to both the company and its subscribers and shall be
generally defined as the minimum rates necessary to meet all
applicable cost of service, including fair return on all invested
capital, all assuming efficient and economical management
(5) In order for the Council to determine whether
proposed rate changes comport with the criteria established in
subsection (4) above, the company's petition for a rate increase
shall include the following financial reports, which shall reflect
the operations of the Denton system only
(i) Balance sheet,
(ii) Income statement,
(iii) Cash flow statement,
(iv) Statement of sources and applications of
funds,
(v) Detailed supporting schedules of expenses,
income, assets and other items as may be
required,
(vi) Statement of current and projected sub-
scribers and penetration
The Grantee's accounting records applicable to system shall
be available for inspection by the City at all reasonable times
The City shall have access to records of financial transactions
for the purpose of verifying burden rates or other indirect costs
prorated to the Denton operation The documents listed above
shall include sufficient detail and/or iootnotes as may be
necessary to provide the City with the information needed to make
accurate determinations as to the financial condition of the
system All financial statements shall be certified as accurate
by an officer of Grantee
PAGE 29
Sec 5 1/2-71 User classes and divisions
Subscribers may be divided into commercial and residential
classes. Nothing in this provision shall prohibit the reduction
or waiving of charges in conjunction with promotional campaigns
for the purpose of attracting subscribers Rates for commercial
and noncommercial users of access channels may be established
separately Nothing herein shall prohibit preferential rates for
noncommercial users if approved by the City
Sec 5 1/2-72_ Advance charges and deposits
A franchise may require subscribers to pay for each month of
basic service in advance at the beginning of each month No
other advance payment or deposit of any kind shall be required by
a Grantee for basic subscriber service No deposit or advance
payment of any kind shall be charged for the provision of any
converter without prior approval of the City Nothing in this
provision shall be construed to prohibit charges or waiver of
charges for initial installation or reconnection
Sec. 5 1/2-73 Installation and reconnection
Except as otherwise provided elsewhere in this chapter, a
Grantee may make a charge to subscribers for the installation of
service outlets and for the reconnection of service outlets The
rates for such connection or reconnection shall be authorized by
the City as provided in this article
Sec 5 1/2-74 Disconnection
There shall be no charge for disconnection of any installation
or outlet if any subscriber fails to pay a properly due monthly
subscriber fee, or any other properly due fee or charge, the
Grantee may disconnect the subscribers service outlet, provided,
however, that such disconnection shall not be effected until
thirty (30) days after the due date of said delinquent fee or
charge and shall include ten (10) days written notice of the
intent to disconnect delivered to the subscriber in question if
a subscriber pays thirty (30) days after payment is due and after
notice of disconnection has been given, a Grantee shall not
disconnect After disconnection, upon payment in full of the
delinquent fee or charge, the payment of reconnection charge, a
Grantee shall promptly reinstate a subscriber's cable service
Sec 5 1/2-75 Records and Reports
(a) Annual reports No later than March 31st of each year,
PAGE 30
each Grantee shall submit a written report to the City, in a form
directed by the City Council, which shall include
(1) A summary of the previous year activities and
development of this system, including, but not limited to,
services begun or dropped, subscriber gain or loss,
(2) Copies of the financial statements audited by a the
City, certified i cluding public the accounting fs acceptable and incomeovstat ment,
and working papers relating to subscriber accounts,
(3) A current statement of costs of construction by
component categories,
(4) A summary of complaints, identifying the number and
nature of complaints and their disposition,
(5) A list of officers and members of the board of the
franchisee and the parent corporation, if any,
(6) A list of all stockholders holding three (3) per cent
or more of the voting stock of a Grantee and the parent
corporation, if any
(b) Filings with federal communication Copies of all
petitions, filings, reports, and correspondence filed with the
Federal Communication Commission will be filed concurrently with
the City
(c) Monthly reports required
(1) During construction, upgrading, or rebuilding of
system, a monthly progress report shall be filed by the Grantee
with the City describing projected construction activity for the
project, work accomplished for the particular month and for the
total project to date
(2) Summary of telephone call activity as to total calls
received, answered, abandoned or delayed with the average delay
quantified
(3) Summary of service calls showing number resolved
within 24 hours and number of calls unresolved within 24 hour
period This summary shall be in a format that can describe the
general nature of calls received as to the type of service,
problem, or grievance
PAGE 31
(4) Summary of system outages for the month (includes all
outages affecting two or more subscribers ) This report shall
show the number of outages, number of subscribers affected, the
number of hours in which the system was down, and the cause for
the outages, i e power failure, storm, system malfunction, etc
(5) Summary of subscriber statistics for the month, show-
ing by category of service provided (i a basic service, each pay
TV option, etc the number of subscribers at beginning of month,
plus connects, less disconnects, equaling the ending number of
subscribers for the month Changes in the number of homes passed
by the Cable System shall be shown in a similar manner
(d) Other records The City may impose reasonable requests
for additional information, records and documents
Sec 5 1/2-76 Insurance Requirements
(a) A Grantee seeking to operate under the authority of this
chapter shall, prior to the granting of a franchise for cable
television operation by the City of Denton, submit to approval by
the City's Risk Manager satisfactory evidence in the form of
certificates of insurance or their equivalent including but not
limited to the following coverage and risk areas
(1) worker's compensation and employee's liability cover-
age on all employees of the franchise as required by statute,
(2) Comprehensive general liability coverage including a
blanket contractual liability provision and a broad form damage
endorsement covering but not limited to explosion, collapse or
other underground activity,
(3) Comprehensive automobile liability coverage
(b) The minimum limits of coverage on each of the above
described coverages excepting (1) (a) above shall in no event be
less than one million dollars ($1,000,000 00)
(c) All insurance policies required by this section shall be
so endorsed as to make the City of Denton a named insured under
such policy Further, each policy shall be so endorsed as to
require the carrier or carriers to give not less than sixty (60)
days notice of cancellation or nonrenewal to the City of Denton
Such policies shall further carry an endorsement providing a
waiver of any rights of subrogation in the favor of and to the
City of Denton
PAGE 32
Sec 5 1/2-77 Use of Public Property and Conditions for Use
(a) A Grantee shall not open or disturb the surface of any
street, sidewalk, driveway, or public place for any purpose
without first having obtained a permit to do so in accordance
with applicable City ordinances, including but not limited to
Chapter 21 of the Code of Ordinances, provided that a Grantee
shall not be required to post a bond prior to commencing such
disturbance of such public place
(b) A Grantee shall, at its expense, protect, support,
temporarily disconnect, relocate in the same street or other
public place, or remove from the street or other public place,
any property of the Grantee when required by the City of Denton
by reason of traffic conditions, public safety, street vacation,
street construction, change of establishment of street grade,
installation of sewer, drains, water pipes, city owned power or
signal lights, and tracks or any other type of structure or
improvement by a public agency
(c) The Grantee's use of existing poles or conduits belong-
ing to the City of Denton, or the erection or construction of new
poles or conduits shall be governed by a separate pole use
agreement
(d) All wires, conduits, cables and other property and
facilities of the Grantee shall be so located, constructed,
installed and maintained as not to endanger or unnecessarily
interfere with the usual and customary trade, traffic and travel
upon the streets of public places of the city The Grantee shall
keep accurate maps and records as requested by the city A
Grantee shall not place poles or other equipment where they will
interfere with the rights or reasonable convenience of adjoining
property owners, or with any gas, electric, or telephone fixtures
placed in a street shall be placed in the right-of-way between
the roadway and the property, as specified by the city
(e) All wires, cables, amplifiers, and other property shall
be constructed and installed in an orderly and workmanlike
manner All cables and wires shall be installed parallel with
existing telephone and electric wires whenever possible Multiple
cable configurations shall be arranged in parallel and bundled,
with due respect for engineering and safety consideration All
installations shall be underground in those areas of the city
where public utilities providing either telephone or electric
service are underground In areas where both telephone and
electric utility facilities are above ground at the time of
PAGE 33
installation, the Grantee may install its service above ground
with the understanding that at such time as those facilities are
required to be placed underground by the city, the Grantee shall
likewise place its service underground without additional cost to
the residents of the city other than as may be granted under the
provisions of this chapter
(f) The city shall give the Grantee reasonable notice of
plans for street improvement where paving or resurfacing of a
permanent nature is involved The notice shall give the Grantee
sufficient time to make any additions, alterations, or repairs to
its facilities as it deems necessary in advance of the actual
commencement of the work, so as to permit the Grantee to maintain
continuity of service
(g) The Grantee shall, on the request of any person holding a
building moving permit, temporarily raise or lower its wires to
permit the moving of said building The expense of such temporary
removal, raising or lowering of the wires shall be paid by the
person requesting the same, and the Grantee shall have the auth-
ority to require such payment in advance
(h) The Grantee shall have the authority to trim trees
overhanging upon streets, alleys, sidewalks, and other 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
All trimming is to be done under the supervision and direction of
the city and at the expense of the Grantee The Grantee shall
make every effort to preserve the aesthetic beauty and viability
of any trees trimmed The Grantee may contract for such services,
however, any firm or individual so retained shall receive city
approval prior to commencing such activity
(i) Public buildings shall be connected to the cable system
at no charge Such requests for service may be initiated by
authorized local government officials For planning purposes,
one service drop per facility should be anticipated at the civic
center, municipal building, service center, the county courthouse,
police and fire facilities, public library, all public and
parochial schools If more than one drop is required (per
facility), the charge should be based on Grantee's costs of time
and materials No monthly charges should be made for providing
basic subscriber services at these public buildings Failure of
Grantee to complete connection of basic service drop within 120
days of receipt of written request shall constitute a material
breach
(j) Upon the request of an authorized university official,
PAGE 34
academic buildings and residence halls at the University of North
Texas and Texas Woman's University should be connected to the
cable system at no charge if more than one service drop is
required (per building), the charge should be based on the
company's cost of time and materials No monthly charges should
be made for providing basic cable subscriber services at the
academic buildings
(k) The Grantee may be required to interconnect its system
with all other broadband communications facilities Such inter-
connection shall be made within the time limit established by the
city The interconnection shall, at the city's discretion, be
accomplished according to the method and technical standards
determined by the city, in a manner consistent with applicable
FCC standards
(1) At the expiration of the franchise term, or upon its
termination as provided for herein, the city shall have the right
to require the Grantee to remove at its own expense all portions
of the Cable System from all streets within the city
Sec. 5 1/2-78 Indemnification
(a) Each Grantee shall, at its sole expense, fully indemnify,
defend and hold harmless the City, and in their capacity as such,
the officers, agents and employees thereof, from and against any
and all claims, suits, actions, liability and judgments for
damages or otherwise
(1) For actual or alleged injury to persons or property,
including loss of use of property due to an occurrence, whether
or not such property is physically damaged or destroyed, in any
way arising out of or through or alleged to arise out of or
through the acts or omissions of the Grantee or its officers,
agents, employees, or contractors or to which the Grantee's or
its officers, agents, employees or contractors acts or omissions
in any way contribute,
(2) Arising out of or alleged to arise out of any claim
for damages for invasion of the right of privacy, defamation of
any person, firm or corporation, or the violation or infringement
of any copyright, trademark, trade name, service mark or patent,
or of any other right of any person, firm or corporation, and
(3) Arising out of or alleged to arise out of Grantee's
failure to comply with the provisions of any statute, regulation
or ordinance of the United States, State of Texas or any local
agency applicable to the Grantee in its business
PAGE 35
Nothing herein shall be deemed to prevent the parties
indemnified and held harmless herein from participating in the
defense of any litigation by their own counsel at the Grantee's
sole expense Such participation shall not under any circum-
stances relieve the Grantee from its duty of defense against
liability or of paying any judgment entered against such party
ARTICLE VIII APPLICANT SELECTION PROCESS
Sec. 5 1/2-80 Written application required
No license, franchise, or renewal thereof shall be issued
except upon written application to the city council on an appli-
cation form prescribed by the city council Such form shall
contain such information as the city council may prescribe as to
the citizenship and character of the applicant, and the financial,
technical and other qualifications of the applicant to operate the
system, complete information as to its principals and ultimate
beneficial owners, including, in the case of corporations, all
stockholders, both nominal and beneficial, owning one percent or
more of the issued and outstanding stock, and, in the case of
incorporated associations, all members and ultimate beneficial
owners, however designated, complete information on the extent
and the quality of the service, number of channels, hours of
operation, variety of programs, local coverage, safety measures,
installation and subscription fees, and such other information as
the city council may deem appropriate or necessary Such
application shall be signed by the applicant or by a duly
authorized representative, evidence of whose authority shall be
submitted with the application Each applicant shall make full
disclosure of the true owner of the applicant and of the
equipment to be employed and rendering service and of the source
of funds for the purchase, lease, rental and installation of such
equipment Each applicant shall set forth as completely as
possible the equipment to be employed, the routes of the wires
and cables, the area or areas to be served, the approximate
starting and completion dates of construction of the system and
the dates service will actually be available to the areas named
Each applicant shall submit a nonrefundable application fee as
may be established by the City Council, to cover the costs of
review, issuance and enforcement of franchises issued pursuant to
this ordinance
Sec. 5 1/2-81. Award Procedure
Not later than ninety days after the final date for filing
PAGE 36
applications, one or more public hearings shall be held on the
applications At the time set for the hearing, or at any
adjournment thereof, the City Council shall proceed to hear all
comments Not later than ninety days after such public hearing,
the City Council shall make a determination based upon an
evaluation of the applications, the hearings, and other
information that the Grantor may deem relevant
No provision of this Chapter shall be deemed or construed so
as to require the granting of a franchise when, in the opinion of
the City Council, it is in the public interest to restrict the
number of grantees to one or more
Sec. 5 1/2-82 Additional Information
The City Council may at any time demand and applicants shall
provide such supplementary, additional or other information as
the City Council may deem reasonably necessary to determine
whether the requested franchise should be granted
ARTICLE IX SERVICE FACILITIES
Sec. 5 1/2-90 Required Services and Facilities
(a) A franchise application or proposal for renewal shall
include a description of the Grantees system design and a
description of programming and services being offered, including
optional premium services, a description of facilities being
proposed for local origination programming, and facilities being
offered to various community institutions The offer of
programming and services contained within a Grantee's application
shall be deemed a binding offer of such Grantee for and to the
benefit of the City and the subscribers of Grantee In the event
a program originator ceases to provide a service, or in the event
the Grantee determines that other programming or cable services
may be of greater benefit to subscribers, the Grantee may,
subject to subsections (b) and (c), substitute services
(b) The system, after the incorporation of such substitute
services, shall satisfy the warranty made by Grantee to sub-
scribers and potential subscribers in its application for a
franchise The City Council, on behalf of system subscribers,
shall have the right to review any substitution of service that
the Grantee has made and may order a change therein if it
determines, after due hearing on notice, that the warranty has
been violated, and that certain broad categories of video or
other information programs that were committed by Grantee in its
PAGE 37
Proposal are not being delivered Any such order shall be issued
only after a public hearing has been scheduled and held, and
written notice of such hearing shall have been provided to the
Grantee and to the public at least 14 days prior to such
hearing Any such order may be enforced by a court of competent
jurisdiction A Grantee shall not, in relation to this section,
be deemed to have waived any right accorded to a franchised cable
television operator arising under the First Amendment to the
Constitution of the United States
(c) Notwithstanding subsections (a) and (b), a Grantee may,
in accordance with the Cable Act of 1984, upon 30 days' advance
notice to the City, rearrange, replace, or remove a particular
cable service required by the franchise if
(1) such service is no longer available to the Grantee, or
(2) such service is available to the Grantee onl upon
the payment of a royalty required under section 801(b)~2) of
title 17, United States Code, which the Grantee can document
(a) is substantially
payment required on the date of
such service, and
in excess of the amount of such
the Grantee's offer to provide
(b) has not been specifically compensated for through
a rate increase or other adjustment
Notwithstanding subsections (a) and (b), a Grantee may take
such actions to rearrange a particular service from one service
tier to another, or otherwise offer the service, if the rates for
all of the service tiers involved in such actions are not subject
to regulation
Sec 5 1/2-91 Access Channels
(a) Each cable system franchised by the City shall provide the
number of access channels agreed to in the franchise agreement
(b) If any governmental or educational access channel is being
utilized more than ten hours per day, five days a week between
the hours of 6 00 a m and 11 00 p m for twelve (12) consecutive
weeks, or if any public access channel is being used eighty (80)
percent of the time between 4 00 p m and 11 00 p m for twelve
(12) consecutive weeks, Grantee shall, upon receipt of written
notice from City, make new channel(s) available for the same
purpose(s), provided, however, that nothing in this paragraph
shall require Grantee to construct additional channel capacity to
PAGE 38
the cable system for the sole purpose of providing additional
access channel capacity Such requirement may be met by making
available, on a part-time basis, one or more other underutilized
channels, or on a full or part-time basis one or more other
unused access channels until such time as such underutilized or
unused channels are needed for the uses to which they have been
dedicated
(c) Whenever any access channel, other than the basic access
channels, required in a franchise agreement for governmental,
educational and public access, is utilized less than four (4)
hours per day for five days per week for a continuous period of
not less than twelve (12) consecutive weeks, the City may permit
different or additional "interim" uses for said channel The
Grantee may be permitted to utilize unused access channel capacity
under rules and procedures established by the City, however, no
access capacity shall be utilized by the Grantee until all other
channel capacity on the cable system has been programmed
(d) Access channels permitted by the City for "interim" use by
a cable operator are to be restored to governmental, educational
or public access use whenever the criteria in subsection (b) are
exceeded for any one of the existing access channel uses or
whenever the demand for use as demonstrated by records of each
access channel indicate that an excessive number of people or
programs are being turned away by lack of channel capacity
available
Sec 5 1/2-93 New Developments
(a) Subsequent to each Reevaluation Session, as set forth in
Sec 5 1/2-22 and in any franchise agreement, the City Council
shall have the authority to order a public hearing on the
provision of additional channel capacity by Grantee or on the
inclusion in the Grantee's Cable System of "state-of-the-art"
technology, or upgraded facilities Notice of such hearing shall
be provided to Grantee and the public not later than fourteen
(14) days prior to such hearing
(b) If after such hearing, the City Council determines that
(1) there exists a reasonable need and demand for additional
channel capacity and/or state-of-the-art technology or upgraded
facilities, and (2) provision has been made or can be made for
reasonable rates which will allow Grantee a fair rate of return
on its investment (including the investment required to provide
the additional channels and/or the state-of-the-art technology,
or upgraded facilities), and (3) will not result in economic
waste for the Grantee, the City Council may order Grantee to pro-
PAGE 39
vide a specified number of additional channels and/or specified
state-of-the-art technology or upgraded facilities In consider-
ing the economic feasibility of required system improvements the
City Council may consider the extension of the term of the fran-
chise to permit the recovery of the cost of said improvements
Any proposed extension of a franchise shall be treated
procedurally in accordance with the procedure for franchise
renewal. Without implying any limitations as to other provisions
of this Chapter, this Section is deemed a material provision
within the meaning of Section 5 1/2-23 of this Chapter
Sec. 5 1/2-96 5 1/2-99 Reserved
ARTICLE X MISCELLANEOUS
Sec. 5 1/2-100 Severability
If any section, sentence, clause or phrase of this chapter is
held unconstitutional or void, such unconstitutionality or void-
ness shall not affect the validity of the remainder of the
chapter, Provided, however, that in the event that any section
hereof is held invalid, that such section or sections will be
renegotiated by the City Council and the Grantee
Sec. 5 1/2-101. Rights Reserved to City
(a) Nothing contained in this Chapter shall be deemed or
construed to impair or affect, in any way, to any extent, the
right of the City to acquire the property of a Grantee, either by
purchase or through the exercise of the right of eminent domain,
at a fair and just value, which shall not include any amount for
the franchise itself, or for any of the rights or privileges
granted, and nothing contained in this Chapter shall be construed
to contract away or to modify or abridge, either for a term or in
perpetuity, the City's right of eminent domain
(b) There is hereby reserved to the City every right and
power which is required to be reserved by the provisions of this
Chapter or by Local, State or Federal law, and a Grantee, by its
acceptance of any franchise, agrees to be bound thereby and to
comply with any action or requirements of the City in its
exercise of such rights or power heretofore or hereafter enacted
or established
(c) Neither the granting of any franchise under the provisions
PAGE 40
of this Chapter nor any provision of this Chapter shall constitute
a waiver or bar to the exercise of any governmental right or
power of the City
(d) The City Council may do all things which are necessary
and convenient in the exercise of its jurisdiction under the pro-
visions of this Chapter and may determine any question of fact
which may arise during the existence of any franchise granted
under the provisions of this Cha ter The City Manager is hereby
authorized and empowered to adsust, settle, or compromise any
controversy or charge arising from the operations of any Grantee
under the provisions of this Chapter, either on behalf of the
City, the Grantee, or any subscriber, in the best interests of
the public
(e) Insofar as it is not inconsistent with or otherwise pre-
empted by Federal or State regulations, the City Council retains
all authority to regulate non-cable communications to the extent
necessary to assure the delivery of proposed non-cable services,
if any, and that they are in compliance with all regulatory
provisions of this Chapter
SECTION II That all ordinances or parts of ordinances in
conf ct w t the provisions of this ordinance are hereby
repealed
SECTION III Any person who shall violate a provision of
this or nance, or fails to comply therewith or with any of the
requirements thereof, or of a permit or certificate issued there-
under, shall be guilty of a misdemeanor punishable by a fine not
exceeding Two Hundred Dollars ($200 00) Each such person shall
be deemed guilty of a separate offense for each and every day or
portion thereof during which any violation of this ordinance is
committed, or continued, and upon conviction of any such viola-
tions such person shall be punished within the limits above
SECTION IV That the City Secretary is hereby directed to
cause t e caption of this ordinance to be published twice in the
Denton Record-Chronicle, the official newspaper of the City of
Denton, Texas, within ten (10) days of the date of its passage
this ordinance and -shall become effective the day of
_Y)~ 19W
;
PASSED AND APPROVED this the J-=- day of 1983
RAY f P S, Y1AYUK
PAGE 41
ATTEST
(-t)a *h771
JE I PER L S, CITY SECRETARY
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY
PAGE 42
ORDINANCE NO q9- o 9-c--
AN ORDINANCE OF THE CITY OF DENTON, TEXAS DISSOLVING THE CABLE
TELEVISION ADVISORY BOARD AND REPEALING SECTION 8-130(b) OF THE CODE OF
ORDINANCES AND REPEALING ORDINANCE NO 96-168 AND PORTIONS OF
ORDINANCE NO 88-182 RELATING TO THE CABLE TELEVISION ADVISORY BOARD
AND ANY OTHER ORDINANCE IN CONFLICT WITH THIS ORDINANCE CONVEYING
THE APPRECIATION OF THE COUNCIL TO ALL CURRENT AND FORMER MEMBERS
OF THE CABLE TELEVISION ADVISORY BOARD, PROVIDING A SAVINGS CLAUSE,
AND PRESCRIBING AN IMMEDIATE EFFECTIVE DATE
WHEREAS, by Ordinance No 88-182 and Section 8-130(b) of the Code of Ordinances of
the City of Denton, the Council of the City of Denton, Texas established a Cable Television
Advisory Board to provide leadership, guidance, and needed assistance to the City Council in
decisions involving the disputes between subscribers and the cable television franchise holder, to
review filings, reports, rates, tariffs, and rules of the franchuse holder, and to advise the City
Council on its regulatory jurisdiction, and
WHEREAS, through its service to the Council and the citizens of Denton, the Cable
Television Advisory Board proved its worthiness for over a decade, and
WHEREAS, as a result of the need to combine and eliminate those boards and commissions
that have fulfilled their functions and are no longer needed due to City staff being able to advise the
Council on all aspects of their duty and functions, the City Council deems it necessary to dissolve
the Cable Television Advisory Board, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That Section 8-130(b) of the Code of Ordinances of the City of Denton,
which created the Cable Television Advisory Board of the City of Denton, is hereby repealed,
along with Ordinance No 96-168 and those portions of Ordinance No 88-182 which create and
define the powers and functions of the Cable Television Advisory Board Any other ordinances in
conflict with this ordinance are also repealed to the extent of any such conflict only
SECTION II That the Council of the City of Denton, Texas hereby conveys its deepest
appreciation to all current and former members of the Cable Television Advisory Board for their
loyal and dedicated service to the City Council and the citizens of Denton
SECTION III That save and except as repealed hereby, all of the sections, clauses,
sentences, and phrases of Chapter 8 of the Code of Ordinances of the City of Denton and
Ordinance No 88-182 shall remain in full force and effect
SECTION IV That this ordmance shall become effective immediately upon its passage
and approval
Page 1 of 2
PASSED AND APPROVED this th day of AAe-' 11999
JACK R, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY,
BY
P NMMdepNLGLW Oo=wWYDrdNmWWdedw mWe n mh6M bowddoe
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