2010-288sAlegal\our documents\ordinances\10\unt interlocal public access channel ordinance.doc
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO ENTER INTO AN INTERLOCAL AGREEMENT
WITH THE UNIVERSITY OF NORTH TEXAS FOR THE OPERATION OF THE CITY'S
PUBLIC ACCESS CABLE TELEVISION CHANNEL; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, due to the passage of Chapter 66 of the Public Utility Regulatory Act in
September, 2005 (Senate Bill 5), upon the expiration of existing local franchise agreements,
cable operators in the State of Texas will be required to obtain franchise certificates from the
Public Utility Commission rather than renewing agreements with local municipalities; and
WHEREAS, as required by Senate Bill 5, when the local franchise agreement with
Charter Communications expires on January 1, 2011, Charter will obtain the appropriate State of
Texas franchise certificate; and
WHEREAS, upon obtaining a State of Texas franchise certificate, Charter will no longer
be required to maintain a local operating agreement with the City nor to continue operation of the
public access channel and has advised the City that it intends to terminate the provision,
maintenance and operation of the public access channel effective January 1, 2011; and
WHEREAS, it is in the best interest of the City, and the residents thereof, that the
provision, maintenance and operation of the said cable television public access channel continue
after January 1, 2011; and
WHEREAS, UNT has agreed to cause the Mayborn School of Journalism to provide,
maintain and operate the said cable television public access channel for and on behalf of the
City;
WHEREAS, the City Council finds that the Interlocal Agreement is in the public interest;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION_ 1_. The findings and recitations contained in the preamble of this Ordinance
are incorporated herein by reference.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the
Interlocal Agreement of behalf of the City with the University of North Texas. The City
Manager, or his designee, is hereby authorized to carry out the rights and duties of the City under
the Interlocal Agreement including the expenditure of funds provided for therein.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the„_ -- day of 2010.
sAlegal\our documents\ordinances\10\unt interlocal public access channel ordinance.doc
� s
MARK BUR It O'� 1 Cs J MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APP VEDA.. ["O LEGAL FO
ANITA BURGESS, CITY ATTORNEY
w
s:\legal\our documents\contracts\10\2010 untcaNpeg.doc
COUNTYTHE STATE OF TEXAS §
D'
■
�Iml MOM E
THIS AGREEMENT is made and entered into by and between The University of North
Texas, hereinafter "UNT," and the City of Denton, Texas, a corporate and political body duly
organized and existing under the laws of the State of Texas, hereinafter the "City." UNT and the
City are referred to individually as "Party" and are collectively referred to herein as "Parties."
This Agreement is for the purpose of providing for the operation of the City's public access cable
television channel, as described in attached Exhibit "A," hereinafter "the Project."
WHEREAS, UNT and the City mutually desire to be subject to the provisions of Texas
Government Code Chapter 791, the Interlocal Cooperation Act, which provides authorization for
a local government to contract with one or more local governments or other state agencies to
perform governmental functions and services under the terms of the Act; and
WHEREAS, Charter Communications ("Charter") currently has a franchise agreement
with the City for the provision of cable television service within the City; and
WHEREAS, pursuant to the said franchise agreement Charter provides, maintains and
operates a public access channel on its cable television network; and
WHEREAS, due to the passage of Chapter 66 of the Public Utility Regulatory Act in
September, 2005 (Senate Bill 5), upon the expiration of existing local franchise agreements,
cable operators in the State of Texas will be required to obtain franchise certificates from the
Public Utility Commission rather than renewing agreements with local municipalities; and
WHEREAS, as required by Senate Bill 5, when the local franchise agreement with
Charter Communications expires on January 1, 2011, Charter will obtain the appropriate State of
Texas franchise certificate; and
WHEREAS, upon obtaining a State of Texas franchise certificate, Charter will no longer
be required to maintain a local operating agreement with the City nor to continue operation of the
public access channel and has advised the City that it intends to terminate the provision,
maintenance and operation of the public access channel effective January 1, 2011; and
WHEREAS, it is in the best interest of the City, and the residents thereof, that the
provision, maintenance and operation of the said cable television public access channel continue
after January 1, 2011; and
sAlegal\our documents\contracts\ 1 0\20 10 untcatvpeg.doc
WHEREAS, UNT has agreed to cause the Mayborn School of Journalism to provide,
maintain and operate the said cable television public access channel for and on behalf of the
City;
NOW, THEREFORE, UNT and the City, for the mutual consideration stated herein,
agree and understand as follows:
WITNESSETH:
I.
This Agreement shall be effective on January 1, 2011. Unless otherwise terminated as
provided herein, the term of this Agreement shall continue for an initial term of three years and
shall automatically renew and continue thereafter until terminated.
F"
Pursuant to Texas Government Code §791.011, the Parties hereto agree that the purpose
of this Agreement is to ensure that certain governmental functions and services in the area of the
provision, maintenance and operation of cable television public access channels to the citizens of
the City of Denton continue to be performed. The Parties further agree that each of them is
authorized to perform the functions and services individually.
M
A. As described in this Agreement and in Exhibit A attached hereto and incorporated by
reference into this Agreement for all purposes, UNT will cause the Mayborn School of
Journalism to manage and conduct all day-to-day operations of the City's public access channel
("Channel") on two cable systems (Charter Channel 25 and Verizon Channel 39). Programming
will originate from the UNT campus pursuant to the operational guidelines attached hereto as
Exhibit B, which are incorporated by reference into this Agreement for all purposes. In order for
UNT to be able to operate the Channel, the City shall ensure the continued right to broadcast on
the specified cable systems. In the event the City is unable to do so, this Agreement shall
terminate. The City also will provide all capital equipment required for the launch of the
Channel and shall be responsible for the ongoing maintenance and repair of such equipment.
Said capital equipment shall at all times remain the property of City and shall be covered by the
City's insurance. Other provisions of this Agreement notwithstanding, UNT shall be responsible
for repairing or replacing the equipment if it is damaged by the willful or negligent act of UNT,
its agents, employees, officers or representatives. Upon termination of this Agreement said
equipment shall be returned to City. This exchange of services and equipment is deemed
adequate consideration for the obligations exchanged by the Parties herein.
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IVA
UNT shall not be obligated to expend a certain amount of funds in the performance of its
obligations as herein specified and this Agreement shall not be interpreted or construed as an
obligation to expend a certain amount of funds towards the Project.
V.
In the performance of their respective duties hereunder, the Parties hereto and their
respective employees and agents, are at all times acting and performing' as independent
contractors of each other. No Party will have the authority to act for or bind another Party in any
respect or to incur or assume any expense, debt, obligation, liability, tax, or responsibility on
behalf of or in the name of another Party hereto. UNT agrees and understands that UNT, its
employees, servants, agents and representatives shall at no time represent themselves to be
employees, servants, agents and/or representatives of the City. The City agrees and understands
that the City, its employees, servants, agents and representatives shall at no time represent
themselves to be employees, servants, agents and/or representatives of UNT.
VI.
UNT shall be responsible for the acts, negligence and/or omissions of all UNT
employees, agents, subcontractors and/or contract laborers and for all other persons doing work
under a contract or agreement with UNT.
The City shall be responsible for the acts, negligence and/or omissions of all City
employees, agents, subcontractors and/or contract laborers and for all other persons doing work
under a contract or agreement with the City.
Mfg
This Agreement is not intended to extend the liability of the Parties beyond that provided
by law. Neither UNT nor the City waive, nor shall be deemed to have hereby waived, any
immunity or defense that would otherwise be available to it against claims made by third parties.
The validity of this Agreement and of any of its terms or provisions, as well as the rights
and duties of the Parties hereto, shall be governed by the laws of the State of Texas. Further, this
agreement shall be performable in Denton County, Texas.
Page 3
0
In the event that any portion of this Agreement shall be found to be contrary to law, it is
the intent of the Parties hereto that the remaining portions shall remain valid and in full force and
effect to the extent possible.
W
The undersigned officer and/or agents of the Parties hereto are the properly authorized
officials and have the necessary authority to execute this Agreement on behalf of the Parties
hereto, and each party hereby certifies to the other that any necessary resolutions extending said
authority have been duly passed and are now in full force and effect.
XII.
This Agreement represents the entire agreement between UNT and the City and
supersedes all prior negotiations, representations and/or agreements, either written or oral. This
Agreement may be amended only by written instrument signed by the governing bodies of both
UNT and the City or those authorized to sign on behalf of those governing bodies.
EM
This Agreement becomes effective when signed by the last party whose signing makes
the respective Agreement fully executed.
M
This Agreement may be terminated by the written agreement of the Parties. This
Agreement may also be terminated in whole or in part by UNT or the City upon one hundred
eighty (180) days written notice to the other Party, with or without cause. Written notice shall be
delivered via certified mail, return receipt requested. Notices shall be directed as follows:
For City: George C. Campbell
City Manager
215 E. McKinney Street
Denton, Texas 76201
For UNT: Michelle Williams
Associate General Counsel
University of North Texas
1155 Union Circle, #310907
Denton, Texas 76203-5017
Copy To: Dr. Mitch Land, Interim Dean, Mayborn School of Journalism
University of North Texas
1155 Union Circle, #311460
Denton, Texas 76203-5017
Page 4
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}
Executed in duplicate originals this � -_ duty of � ��'`��� R� �� �? 2010..
CITY OF DENTON, TEXAS
City of Denton
215 E. McKinney
Denton, Texas 76201
Geo ge C. Campbell
City Manager
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By
a _a
[7N VEI SITY OF NOWTI-1 TEXAS
1155 Un pn Circle, #311460
Denton, Texas 76A3 5017
Jean Bush, Acting Senior Associate
m Vice President for Finance
`By: :.��
F
OVED AS TO LEGAL FORM:
By 4i
Associate; G6heral COLIfisc l
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Exhibit A
The Frank W. and Sue Mayborn School of Journalism ("Mayborn") at the University of North
Texas ("UNT") will operate the City of Denton's public access channel, currently referred to as
Charter Channel 25 and Verizon Channel 39 ("Channel") on a schedule of 24 hours a day, 7 days
a week, via an automated system. The City of Denton ("City") will be responsible for ensuring
the continued right to broadcast Channel programming via Charter and Verizon. The name of
the Channel to be operated by Mayborn will be mutually agreed to by the City and Mayborn.
PEG funds from the City of Denton will be used for all capital expenses related to the launch of
Channel. The City will be responsible for the provision of equipment necessary to operate the
Channel and for the ongoing maintenance and repair of such equipment. The City of Denton and
Mayborn will meet annually to discuss equipment upgrades, maintenance needs, and Exhibit B.
In the performance of the Agreement, the City and Mayborn will work in accordance with the
guidelines provided under Exhibit B or as otherwise agreed to between the Parties, regarding
expectations and opportunities for the public to use facilities and provide content. In the event
an issue arises related to a conflict between the guidelines used in the operation of Channel and
guidelines followed by other UNT departments in the operation of other channels, then Mayborn
and the City shall work together to find a mutually agreeable resolution to the conflict. The
guidelines may also be revised in order to address a legal issue that arises related to their usage.
Under this Agreement, the channel will be operated by assigned staff and faculty of the Mayborn
School of Journalism, with oversight by the Dean of the Mayborn School of Journalism and the
Chair of the Mayborn Department of News.
The assigned faculty and staff of Mayborn will make all programming decisions, including but
not limited to, decisions regarding appropriate content, time of day specific programming will be
shown, how often programming will be shown and use of Mayborn produced programming.
The assigned faculty and staff of Mayborn will also oversee the facilities and equipment,
production, programming, studio production, and make emergency contacts with the appropriate
entities in case of technical difficulties. Additional volunteer staffing will be provided by
undergraduate students taking classes in the Mayborn School of Journalism and graduate
students in the Mayborn Graduate Institute of Journalism. The image of the Channel will clearly
reflect that it is a local/community public access channel, open to the citizens of Denton.
The Mayborn School of Journalism will create programming including news, sports and general
information programming, provide an outlet for community programming that reflects the needs
and interests of the greater Denton community, provide access to studios at the Mayborn to those
who meet specific criteria set up in guidelines, offer journalism classes in which students learn
writing, reporting, shooting, editing, producing and production skills. If funding is available, the
Mayborn faculty and staff might teach media production workshops for youth, the public, and
media professionals, in part, to create content for the Channel.
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Exhibit B
011E1CA"I IO AL CXIDEl,INES
The purpose of the City's public access channel is to provide a cable television channel
("Channel") on which Denton citizens can cablecast recorded programming produced with their
own resources, or recorded programming produced elsewhere but sponsored by a Denton citizen.
The use includes content produced by and/or provided by students or classes affiliated with the
Mayborn School of Journalism at the University of North Texas ("UNT").
Giving voice to the people of Denton, as provided by the First Amendment, while providing
educational opportunities in community media to citizens, students and professionals.
1. Any person utilizing the Channel for programming must be 18 years of age, a resident of
Denton, Texas, and/or a Mayborn student or faculty member or a person or group approved
by the Mayborn School of Journalism. Proof of eligibility is required in order to use the
Channel.
2. Individuals or Non -Profit Organizations that are not citizens of Denton but wish to produce a
program for the Channel may do so by securing the required sponsorship. Individuals from
within the Metroplex must secure 5 Denton citizen sponsors. Non-profit organizations
groups from within the Metroplex must secure 5 Denton citizen sponsors. Individuals from
outside the Metroplex must secure 10 Denton citizen sponsors. Signed Declaration of
Sponsorship forms are required for each program produced by a non-resident.
3. Before a program is scheduled on the Channel, each participant must sign a Statement of
Compliance indicating that the participant has read and is in agreement with the requirements
contained in this pamphlet. Failure to sign and follow the terms of the Statement of
Compliance will result in denial of Channel privilege.
4. Channel privilege will be suspended if the individual appears to be under the influence of
drugs or alcohol in person or in the program, interferes with the orderly conduct of business,
refuses to cooperate with or abuses staff, or abuses in any way the privilege of showing video
programming on the Channel.
5. A user of the Channel must not represent to any other party that he or she, or any other
person involved in the Channel's cable casting, represents the Channel in any manner.
Violation of this rule will subject the user to immediate forfeiture of all privileges.
6. The Channel cannot be utilized by participants for direct financial gain, commercial purpose,
or political endorsement.
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7. Ownership of the creative rights to programming shown on the Channel belongs to the
producer of the program.
8. If there is a complaint about the content of a program running on the Channel, a committee
from the Mayborn School of Journalism with representation from the City of Denton will
review the program. If it is determined that the content of the program is indecent according
to FCC standards, considered indecent by the community standards, includes obscene
material, sexually explicit conduct or material soliciting or promoting unlawful conduct, or
contains material otherwise prohibited by FCC regulations, it may result in the program
being removed. Questions, problems or complaints about the operation of the Channel
should be addressed first to the designated staff at the Mayborn School of Journalism. The
Mayborn staff will work with the complainant to resolve the problems. The Mayborn staff
will keep a file of complaints and resolutions, which will be copied to the City of Denton.
Should the complainant not be satisfied, s/he may then contact the Cable Television
Supervisor at the City of Denton.
9. Fees for participation will be set by The Mayborn School of Journalism, and will be reviewed
by the operator on an annual basis.
10. The studio used to produce the Channel will be used for other purposes of the Mayborn
School of Journalism. However, notwithstanding the foregoing, equipment purchased with
PEG funds will be used solely for programming that is intended to be shown on the Channel
(in accordance with these guidelines, programming may be reviewed prior to being aired on
the Channel and some programming may not be shown due to failure to meet content and
technical standards as set forth herein). Usage of equipment purchased with PEG funds will
be monitored by the Mayborn staff.
11. Contact information for the Mayborn School of Journalism and the City of Denton will be
plainly posted in the studio used to produce programming for the Channel.
1. All programming cablecast on the Channel must be noncommercial in nature; i.e. not
supported by paid advertising unless in an appropriate PBS -like sponsorship, or
endorsements for individuals or businesses.
2. The user is responsible for obtaining all copyrights and or permissions necessary to cablecast
any program material on the cable system and is liable for any violation of law which results
from unauthorized use.
All programming cablecast on the Channel will not include obscene material, sexually
explicit conduct or material soliciting or promoting unlawful conduct.I
1 Sec. 76.701 Leased access channels. (a) Notwithstanding 47 U.S.C. 532(b)(2) (Communications Act of 1934, as amended, section 612), a
cable operator, in accordance with 47 U.S.C. 532(h) (Cable Consumer Protection and Competition Act of 1992, section 10(a)), may adopt and
enforce prospectively a written and published policy of prohibiting programming which, it reasonably believes, describes or depicts sexual or
excretory activities or organs in a patently offensive manner as measured by contemporary community standards. (b) A cable operator may
refuse to transmit any leased access program or portion of a leased access program that the operator reasonably believes contains obscenity,
indecency or nudity.
Note to paragraph(b): "Nudity" in paragraph (b) is interpreted to mean nudity that is obscene or indecent. [ 4 l R 783733 , May 23, 1997, as
amended at 6�l FI 351 ,July 2, 1999]
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4. All programming cablecast on the Channel will not include promotional material concerning
products or services presented for the purpose of any solicitation of money or other items of
value.
5. All programming cablecast on the Channel will not include political endorsements.
6. All programming cablecast on the Channel will not include material which constitutes libel,
slander, invasion of privacy or publicity rights, unfair competition, violation of trademark or
copyright, or which might violate any local, state, or federal law.
7. According to federal law, program providers are responsible for the content of programs they
submit.
8. In the case of denied access to the Channel according to federal guidelines, disputes are to be
settled by the federal district courts before the FCC will entertain complaint procedures.
9. All programming scheduled on the Channel will be subject to all laws, rules and
regulations present in the Cable Television Consumer Protection and Competition Act of 1992
and subsequent FCC regulations.
TOM 1 0 10112" el
All studio usage, equipment usage and programs shown on the City's public access channel are
scheduled by the staff, faculty, students or persons designated by the Mayborn School of
Journalism who are so assigned to the Channel's duties.
I DATA 1 IN Did I Dieu
1. All DVDs submitted must meet the Channel's technical requirements.
2. All DVDs submitted must be clearly labeled.
3. Any DVD that is rejected by the channel operator because of a playback problem will be
returned to the producer with a copy of the discrepancy report.
4. The preferred length of programming is 28, 58 or 88 minutes.
5. Programs may be reviewed in advance of running on the cable system.
6. All completed and properly labeled DVDs submitted for cablecast on the Channel should be
brought or mailed to an address determined in conjunction by UNT and the City of Denton.
7. If the DVD is to be returned by mail, a self-addressed, stamped mailing envelop is required.
8. All DVDs must meet the Channel's technical standards. Programs will preferable be a 4:3
format. All programs must be submitted on DVD - R discs. Only one program per disc, do
not use chapters or titles. The preferred length of programming is 28, 58 or 88 minutes.
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9. AUDIO: Audio must be sufficient to produce good sound on television sets with minimum
sound quality unless low or distorted sound is part of the artistic element of the program.
Audio must not have audio levels that are too hot (loud, distorted, hard to understand.) or too
low (faint, in the distance, cannot hear person speaking.).
10. VIDEO: Video must be of high enough quality to produce a good image on home television
sets with low resolution, and can be easily seen by viewers.
11. LIGHTING: Lighting on the location must be sufficient to produce a good image on home
television sets with low resolution, unless dark images are part of the artistic element of the
program.
12. Copies of programs are due by 5 p.m. Monday the week before they are to be cablecast,
unless an agreement is made for special circumstances with the staff, faculty, students or persons
designated by the Mayborn School of Journalism to schedule programming.
13. Labeling of each DVD must be correct, consistent and contain the following information on
the disc:
Program title:
Date submitted:
Length:
Producer:
Name:
City:
State:
Zip:
Phone:
Program Title:
1.. I have received, read, and am familiar with the contents of ., guidelines
and requirements. I understand that the Channel, operated by the Mayborn School of
Journalism at the University of North Texas, reserves the right to suspend or revoke the
privilege of any user to utilize the Channel if that user is in violation of any of the
requirements.
2. I will thoroughly familiarize myself with the contents of any program material I submit for
cablecast and certify that it does not contain:
a. obscene material, sexually explicit conduct or material soliciting or promoting unlawful
conduct;
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b. promotional material concerning products or services presented for the purpose of any
solicitation of money or other items of value;
c. political endorsements;
d. material which constitutes libel, slander, invasion of privacy or publicity rights, unfair
competition, violation of trademark or copyright, or which might violate any local, state,
or federal law.
3. I assume full responsibility for the content of all program material cablecast and will ensure
that such program material will not violate any right of any third party.
4. I have obtained, or before any program material is cablecast I will obtain, all approvals,
clearances, licenses, etc., for the use of any program which I cablecast, including but not
limited to approvals by broadcast stations, networks, sponsors, music licensing organizations,
copyright owners, performers' representatives, all in or referred to in the program material,
and any other approvals that to transmit program material over the cable system. Proof of
those permissions will be provided to the Mayborn School of Journalism.
6. I agree that I shall not represent myself or any other person involved in my program as an
employee, representative or agent of the City of Denton, the University of North Texas, or
the University of North Texas System.
7. I agree that the Channel will not be used for any personal gain or other commercial purpose.
8. I understand that I am responsible for the content of any programming I produce with my
own equipment or with the Channel's equipment, should the Mayborn School of Journalism
provide that resource to me.
9. I understand that false or misleading statements made in this statement are grounds for
forfeiture of the right to use the Channel in the future.
I am am not --- a resident of the City of Denton.
Date:
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Signature of Producer: