TC Ord. No. 1999-19 Amending the Cable television franchise agreement effective March 7, 1996TOWN OF AVON
ORDINANCE NO. 99 -19
SERIES OF 1999
AN ORDINANCE AMENDING THE CABLE TELEVISION FRANCHISE
AGREEMENT EFFECTIVE MARCH 7,1996 BETWEEN THE TOWN OF AVON,
COLORADO AND CABLEVISION VII, INC., A COLORADO CORPORATION ;
DBA AT &T CABLE SERVICES
WHEREAS, by Ordinance No. 96 -1, and Franchise Agreement effective March 7,
1996, the Town of Avon, Colorado granted to Cablevision VII, Ind. a franchise to construct;
operate and -maintain a cable television system in the Town of Avon; and
WHEREAS, the Town of Avon and Cablevision VII, Inc. desire to amend the
Franchise Agreement.
NOW,, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, THAT:
Section 1. Approval of Amendment of Franchise Agreement
The franchise granted by Ordinance 96 -1 and Franchise Agreement effective March
7, 1996 is hereby amended, subject to.and upon the terms and conditions set forth in the
Amendment of Cable Television Franchise Agreement, a copy of which is attached hereto as
Exhibit A.
Section 2. Severability.
If any part, section, sentence, clause or phrase of this Ordinance or of the Amendment
is for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions thereof; and the Town Council hereby, declares that it would have passed
this Ordinance and approved the Amendment and each part thereof irrespective of the fact
that any one or more parts be declared invalid.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, this 34 day of Renumber ' , 1999, and a public hearing on the Ordinance
shall be held at the.regular meeting of the Town Council of the Town of Avon, Colorado on
the 28 day of .September , 1999, at 5:30 P.M. in the Municipal Building of the
Town of Avon, Colorado.
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED, this 28 day of Septembev1999.
TT T:
is. N , Town C
APPROVED AS TO FORM:
Burt Levin, Town Attorney
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STATE OF COLORADO
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 28th DAY OF
SEPTEMBER 1999, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE
PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 99-19, SERIES OF
1999:
An Ordinance Amending the Cable Television Franchise Agreement Effective March 7, 1996
Between the Town of Avon, Colorado and Cablevision VII, Inc., A Colorado Corporation, dba
AT&T Cable Services
A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk,
and may be inspected during regular business hours.
Following this hearing, the Council may consider final passage of this Ordinance.
This notice is given and posted by order of the Town Council of the Town of Avon, Colorado
Dated this 17th day of September, 1999.
mm
VON,COLORADO
Inns Nash
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
SEPTEMBER 17,1999:
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY
AVON BEAVER CREEK TRANSIT BUS STOP AT AVON CENTER
AVON RECREATION CENTER
CITY MARKET IN THE MAIN LOBBY
AMENDMENT TO THE CABLE TELEVISION FRANCHISE
AGREEMENT
BETWEEN
THE TOWN OF AVON
AND
CABLEVISION VII, INC., DBA AT&T CABLE SERVICES
The Town of Avon, ("Town") and Cablevision VII, Inc., a,Colorado corporation,
dba AT &T Cable Services, ("AT &T Cable") are parties to a nonexclusive cable
television franchise agreement effective March 7, 1996 ("Franchise Agreement").
Section 4.1 of the Franchise Agreement requires that AT &T Cable rebuild, as
appropriate, the existing cable system to provide an operating frequency range of
at least 54 MHz to 550 MHz so that the cable system has the ability to provide,
without digital compression, up to 78 channels of video programming within 36
months of the effective date of the Franchise Agreement.
The Town and AT &T Cable have determined that it is in the best interest of the
parties and the subscribers to amend the Franchise Agreement, subject to certain
terms and conditions.
The Town and AT &T Cable agree as follows:
1. Section 4.1 of the Franchise Agreement is amended to read as follows:
(a) The Grantee shall upgrade the existing cable system to 400 MHz,
capable of 450 MHz, with activated two-way by February 28, 2001.
Completion of construction shall be defined as the ability to pass 450
MHz through the system with activated two -way and be capable of
carrying a high -speed cable Internet service.
(b) The upgrade shall utilize a "fiber optics to the service area" design in
which optical fiber delivers signals from a central hub to nodes. The
nodes shall interface the optical fiber with coaxial cables which
distribute signals to cable subscribers.
2. Section 2.10(d) of the Franchise Agreement is amended to read as follows:
(d) In the event the Council finds that_ a material violation exists and that
the Grantee has not corrected the same in a satisfactory manner or has
not diligently commenced correction of such violation, the Council
may impose liquidated damages of up to Two Hundred Dollars ($200)
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per day per incident for all material violations, provided that all
violations of a similar nature occurring at the same time shall be
considered one (1) incident. Liquidated damages shall not be imposed
until and unless the Grantee has failed to cure after the Grantee has
been provided notice of default and the opportunity to cure in
accordance with this provision. Notwithstanding the foregoing, it is
further agreed that in the event the Council finds that Grantee has
failed to complete the system upgrade as required by Section 4. 1, as
amended, by February 28, 2001, the Council may impose liquidated
damages of up to Five Hundred Dollars ($500) per day, provided that,
in that event, Grantee shall not in any public hearing pursuant to
subsection (c) above related to completion of the upgrade by February
28, 2001, defend' against liquidated damages on the ground that it is
diligently pursuing completion of the upgrade.
3. Section 9.3 of the Franchise Agreement is amended to read as follows:
This Agreement represents the entire agreement between the parties as of
the effective date of the Agreement, and no other agreement or
understanding of the parties shall apply, except as may be made by mutual
agreement of the parties after the effective date of this Agreement.
4. As consideration for the amendment of the Franchise Agreement, AT&T
Cable shall complete.the upgrade to the Cable System as set forth in.
paragraph 1 above, and shall provide to it's residential - customers in Avon the
following service coupons to be valid for 90 days from the date they are
mailed, which shall be a date no later than October 31, 1999.
(a) For current residential non - digital customers, a coupon for a fine
upgrade to any digital package. Additionally, if such customer
maintains the digital package and is in good standing for three months,
then that customer shall receive a $12.00 credit on their next bill
($6.00 for customers subject to bulk billing).
(b) For current residential digital customers, coupons good for five free
digital pay- per -view movies.
Additionally, effective November 1, 1999 through January 31, 2000,any
residential non - customer who subscribes to any digital package will receive a
free installation. Nthat customer maintains the digital package and is in good
standing for three months, then that customer shall receive a $12.00 credit
($6.00 for customers subject to bulk billing) on their next bill.
5. As frther consideration for the amendment of the Franchise Agreement,
AT&T Cable agrees that, excluding the cost of upgrading the system as
required by amended Section 4.1 above, it shall not include any costs and
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expenses associated with the settlement of issues pertaining to the amendment
of the Franchise in its calculations of any firture rates charged by it to its
customers in the Town.
6. Except as amended herein and except to the extent amended or modified by
changes in federal law, the terms and conditions of the Franchise Agreement
shall remain in full force and effect.
7. AT &T Cable and the Town enter into this Agreement voluntarily and without
either party waiving any of its respective rights under federal, state, or local
law.
TOWN OF AVON
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Accepted this _ 11 day of October , 1999 by Cablevision VII, Inc.,
dba AT&T Cable Services.
sy
colt Biigel OOOr
Senior Vice President
V ent
Town of Avm Pfnd ien Amy
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