2003-321ORDINANCE NO. c~--~,fl~,~ /
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 8, CABLE
TELEVISION, OF THE CITY OF DENTON CODE PROVISIONS FOR APPLICATIONS
AND FEES AND PROVISIONS FOR SMALL CABLE PROVIDERS; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A
PENALTY NOT TO EXCEED $500.00 FOR VIOLATIONS OF THE ORDINANCE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Advantex Communications, a small cable television provider, has requested
an interim grant of authority to provide cable television services within the Robson Ranch
community; and,
WHEREAS, Chapter 8, Cable Television, regulations do not provide for small cable
television providers;
WHEREAS, the City Council of the City of Denton desires to amend Chapter 8, Cable
Television, to allow for small cable television providers; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION 1. That Section 8-4, 8-31, 8-56, 8-127 and 8-8-32 of Chapter 8, Cable
Television, is hereby amended to read as follows:
Replace the Section 8-4 with the following paragraph:
Sec. 8-4. Duration of franchise grant.
The term of any franchise granted by the city 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 conditions and restrictions as provided in this chapter, and provided that the mayor and
city council shall have the fight to review such franchise periodically at such times as the mayor
and city council may from time to time elect to do and as provided in this chapter. An interim
grant of authority to operate a cable system may be granted for a period of less than 15 years.
Extensions, renewals, or transfers of a cable franchise agreement may be for a period of less than
15 years.
Amend the first and second sentence of Section 8-31 to read as follows:
Sec. 8-31. Written Application.
No license, franchise, extension, transfer or renewal thereof for cable television shall be
issued except upon written application to the city council on an application 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 the financial, technical, legal 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 (1) percent or more of the issued and outstand'mg 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, hour 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.
Amend Sec. 8-56 by adding the following subsection (c):
Sec. 8-56. Franchise required, duration; exclusivity.
(c) The fxanehise may be extended or transferred in accordance with federal or state law,
not to exceed fifteen (15) years, as in the opinion of the city council will serve the public interest.
Add the following sentence after the last sentence of subsection (a) of Section 8-127:
Sec. 8-127. Security Fund.
The City may accept a letter of credit or security bond in an amount determined by the
City Council for smaller cable systems.
Add the following sentence after the last sentence of subsection (a) of Section 8-132:
Sec. 8-132. Functions to be regulated
Smaller cable systems may be served by an office within 20 miles of the city.
SECTION 3. Any person violating any provision of this ordinance, shall upon
conviction, be freed a sum not exceeding $500.00. Each day that a provision of this ordinance is
violated shall constitute a separate and distinct offense.
SECTION 4. If any provision of this ordinance or application thereof to any person or
circumstance is held invalid by any court, such holding shall not affect the validity of the
remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby
declares that it would have enacted the remaining portions despite any such validity.
SECTION 5. Save and except as amended hereby, all the sections, subsections, and
clauses of Chapter 8, "Cable Television" of the Code of Ordinances of the City of Denton, Texas
shall remain in full force and effect.
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SECTION 6. That this ordinance shall become effective fourteen (14) days from the date of
its passage, and the City Secretary is hereby directed to cause the 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.
PASSED AND APPROVED this the 7~ day of ~-~ ,2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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