TC Ord. No. 1983-33ORDINANCE NO. 83-33
SERIES OF 1983
AN ORDINANCE GRANTING A FRANCHISE TO HERITAGE CABLEVISION,
INC. ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT, OPERATE, AND
MAINTAIN A CABLE TELEVISION SYSTEM IN THE TOWN OF AVON,
COLORADO, AND SETTING FORTH CONDITIONS ACCOMPANYING THE
GRANT OF FRANCHISE AND PROVIDING FOR TOWN APPROVAL AND
REGULATION AND SETTING OUT ADDITIONAL DETAILS IN RELATION
THERETO, ESTABLISHING PROHIBITIONS RELATING TO THE PROVISION
OF CABLE TELEVISION SERVICES AND PROVIDING PENALTIES FOR THE
VIOLATION THEREOF; AND REPEALING ORDINANCE NO. 16, SERIES OF
1979.
WHEREAS, The Town of Avon has granted a franchise
to Rocky Mountain Cable TV, Inc., to operate a cable TV
system within the Town of Avon; and
WHEREAS, the terms and conditions of this
franchise are contained in Ordinance No. 16, Series of 1979;
and
WHEREAS, both the Town of Avon and Rocky Mountain
Cable TV, Inc., have agreed upon the transfer of all rights
and privileges contained in Ordinance No. 16, Series of
1979, to Heritage Cablevision, Inc.;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO, THAT:
Section 1. Title.
This Ordinance shall be known as the
"Ordinance granting a CATV Franchise".
Section 2. Definitions.
For the purpose of this Ordinance, the
following terms, phrases, words, abbreviations,
and their derivations shall have the meaning
herein given. When not inconsistent with the
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context, words used in the present tense include
the future tense, words, in the plural number
include the singular number, and words in the
singular number include the plural number. The
word "shall" is always mandatory. The captions
supplied herein for each Section are for
convenience only. Said captions have no force of
law, are not part of the Section, and are not to
be used in construing the language of the Section.
The following terms and phrases, as used herein,
shall be given the meaning set forth below:
A. "Town" is the Town of Avon, Colorado, a
home rule municipal corporation organized
under the laws of the State of Colorado.
B. "Grantee" is Heritage Cablevision, Inc.
a corporation organized and existing under
the laws of the State of Iowa, and it is the
grantee of rights under this Ordinance and
Franchise.
C. "Town Council" is the Town Council of
the Town of Avon, Colorado, or its designated
representative.
D. "Federal Communications Commission" or
"FCC" is the present federal agency of that
name as constituted by the Communications Act
of 1934, or any successor agency created by
the United States Congress.
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E. "Person" is any individual, firm,
partnership, association, corporation,
company or organization of any kind.
F. "Gross Subscriber Revenue" shall
include all compensation derived from
periodic service charges in connection with
the carriage of broadcast signals, but shall
not include refunds or credits made to
subscribers, or taxes imposed upon the
services furnished by the Grantee. It shall
also include all revenue from "ancillary" or
"auxiliary" services, which include but are
not limited to, advertising, leased channels,
and programming supplied on a per program or
per channel charge basis, if any. Gross
subscriber revenues shall include only those
revenues derived from service to subscribers
located within the Town of Avon.
G. "Regular Subscriber Service" shall
include the carriage of broadcast signals,
but shall not include "ancillary" or
"auxiliary" services, which include, but are
not limited to, advertising, leased channels,
and programming supplied on a per program or
per channel charge basis, if any.
Section 3. Grant of Authority.
There is hereby granted by the Town to
Grantee, the non-exclusive right and privilege to
construct, erect, operate and maintain in, upon,
along, across, above, over or under the streets,
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alleys, easements, public ways and public places
now laid out or dedicated and all extensions
thereof and additions thereto in the Town,
including any future annexations, all poles,
wires, cable, underground conduits, manholes and
other conductors and fixtures necessary for the
maintenance and operation in the Town of a Cable
Television System for the transmission of
television signals and all other signals permitted
by the FCC, with all of the necessary and
desirable appliances and appurtenances pertaining
thereto. This grant is subject to the
requirements of Section 6, which require that the
Grantee shall place underground, to the fullest
extent possible, wires, cables and all other
fixtures necessary for the maintenance and
operation of its Cable Television System in the
Town. Without limiting the generality of the
foregoing, this franchise and grant shall and does
hereby include the right in, over, under and upon
the streets, sidewalks, alleys, easements and
public grounds and places in the Town to install,
erect, operate or in any way acquire the use of,
as by leasing or licensing, all lines and
equipment necessary to a Cable Television System
and the right to make connections to subscribers
and the right to repair, replace, and enlarge and
extend said lines, and equipment connections.
The rights herein granted for the purposes
herein set forth shall not be exclusive in the
Grantee, and the Town may grant a similar use of
said streets, alleys, easements, public ways and
places to any person at any time during
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the period of this franchise; provided, however,
the Grantee shall upon such terms and conditions
as may be dictated by the Town, and as are
contained in this Grant, meet and continue to meet
its obligation to the public to provide the
fullest and best possible programming and service
consistant with a reasonable rate structure and a
reasonable return on investment.
Section 4. Indemnification.
During the term of the franchise, the Grantee
absolutely assumes and agrees to pay the Town for,
and the Grantee forever indemnifies the Town
against, and agrees to hold and save the Town
harmless from, any and all damage, injury, costs,
expenses, liability, claims, settlements,
judgments, decrees and awards of every kind and
nature whatsoever, including attorney's fees,
costs and disbursements, that may ever be claimed
against the Town by any person whatsoever, or on
account of any actual or alleged loss, damage or
injury to any property whatsoever, however arising
from or related to or connected with, directly or
indirectly, (a) injury to or death of any person,
or loss, damage or injury to any property
resulting from the acts of the Grantee, and/or (b)
the non-observance by the Grantee of the
provisions of any laws, statutes, ordinances,
resolutions, regulations or rules duly promulgated
by any governmental entity which may be applicable
directly or indirectly, to rights, privileges, and
authority, and the obligations and liabilities,
assumed by the Grantee under the franchise, and/or
(c) the non-observance by the Grantee of any of
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the terms and conditions of the franchise, and/or
(d) the granting of the Franchise.
Section 5. Insurance.
The Grantee shall, at all times during the
term of the franchise, carry and require their
contractors to carry:
Insurance in such forms and in such companies
as shall be approved by the Town to protect the
Town and Grantee from and against any and all
claims, injury or damage to persons or property,
both real and personal, caused by the
construction, erection, operation and maintenance
of any structure, equipment or appliance in
connection with the cable television system. The
amount of such insurance shall be not less than
$100,000 as to any one person, $300,000 as to any
one occurrence for injury or death to persons, and
$100,000 for damages to property, with, as to
Grantee, so-called umbrella coverage of at least
$5,000,000.
Workmen's Compensation Insurance as provided
by the laws of the State of Colorado as amended.
Automobile Insurance with limits of not less
than $100,000/$300,000 of public liability
coverage and automobile property damage insurance
with a limit of not less than $100,000 covering
all automotive equipment, with, as to Grantee,
so-called umbrella coverage of at least
$5,000,000.
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All of said insurance coverage shall provide
a ten (10) day notice to the Town in the event of
material alteration or cancellation of any
coverage afforded in said policies prior to the
date of said material alteration or cancellation
shall become effective.
Copies of all insurance policies required
hereunder shall be furnished and filed with the
Town prior to the commencement of operations or
the expiration of prior policies, as the case may
be.
The Grantee shall pay all reasonable expenses
incurred by the Town in defending itself with
regard to all damages, penalties or other claims
resulting from the acts of the Grantee, its
assigns, employees, agents, invitees, or other
persons or from any other event against which the
Grantee has indemnified the Town. Said expenses
shall include all out-of-pocket expenses such as
attorney's fees, and shall include the value of
any service rendered by the Town Attorney or any
other officers or employees of the Town.
Section 6. Construction and Maintenance - Police
Power.
A. Grantee shall place underground to the
fullest extent possible, wire, cables and all
other fixtures necessary for the maintenance
and operation of its Cable Television System
in the Town.
B. All structures, lines and equipment
erected or installed by Grantee within the
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Town shall be so located as to cause no
interference whatsoever with the proper use
of streets, alleys, easements and other
public ways and places and to cause minimum
interference with the rights and reasonable
use and convenience of property owners and
Grantee shall comply with all Ordinances of
the Town now or hereafter in force.
Additionally, Grantee shall at all times be
subject to all lawful exercises of the Police
Power of the Town. Existing conduits and
other such structures of any electrical power
system, telephone company, or other public
utility located in the Town over which the
Town has control shall be made available to
Grantee for leasing or licensing upon
reasonable terms and rates. Grantee shall
avoid any unnecessary duplication of such
facilities. The Town shall actively assist
Grantee to the fullest extent possible in
obtaining reasonable joint use agreements
from the owners of such existing equipment.
To the extent that existing conduits and
other such structures are not available, or
not avilable under reasonable terms and
conditions, Grantee shall have the right to
purchase, lease or in some other manner
acquire land or rights-of-way upon or under
which to erect and maintain its own conduits
and other structures as may be necessary for
the construction and maintenance of its Cable
Television System.
C. In case of any disturbance by Grantee
of any pavement, sidewalk, driveway, or other
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surfacing, Grantee shall, at its own cost and
expense and in a manner approved by the Town,
replace and restore such paving, shoulder,
sidewalk, driveway, or surface so disturbed
and return it to as good condition as before
said work was commenced.
D. In the event that at any time during
the period of this franchise, the Town shall
elect to alter or change any street, alley,
easement, or other public way requiring the
relocation of Grantee's facilities, then
Grantee, upon reasonable notice by the Town,
shall remove, re-lay and relocate the same,
and Grantee shall bear the entire cost of
such relocation, provided, however, that
where public funds are specifically available
for such re-laying or relocation, or where it
is possible to share such costs with other
utilities whose facilities are also being
re-layed or relocated, Grantee shall bear
only a portion of the said relocation
expense.
E. All poles, lines, conduits, structures
and other facilities of Grantee in, on, over
and under the streets of the Town shall be
kept by Grantee at all times in a safe and
satisfactory condition.
Section 7. FCC Rules Applicable.
This Franchise is governed by and is subject
to all applicable rules, regulations and policies
of the Government of the United States, including
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the Federal Communications Commission, and the
laws of the State of Colorado. Should there be
any modifications of the rules and regulations of
the Federal Communications Commission that must by
law be incorporated into this Franchise, the Town
and Grantee agree that such incorporation shall be
accomplished within one (1) year after the
effective date of the FCC's adoption of the
modification or upon renewal of this Franchise,
whichever occurs first. This Franchise shall take
effect and be in full force from and after
acceptance by Grantee as provided in Section 25,
and shall continue in full force and effect until
December 31, 1994.
Section 8. Renewal Procedure.
Grantee shall have the option to request a
renewal of this franchise for an additional period
not to exceed fifteen (15) years. Should Grantee
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desire to exercise this option, it shall notify j
the Town, in writing, not less than three (3)
months prior to the expiration of this Franchise.
The expiration date of the initial Franchise is
hereby stipulated to be December 31, 1994. Upon
Grantee's request to exercise this renewal option,
the Town shall conduct a full, open, public
renewal inquiry proceeding and shall provide
notice thereof and an opportunity for all
interested parties to be heard. The renewal
proceedings shall be held to consider the
Grantee's performance during the period of this
Franchise and to determine whether or not to renew
this Franchise. Renewal shall not be unreasonably
denied, and shall be granted unless Grantee is
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found to be unqualified to continue operation of
this Cable Television System or not operating in
the public interest, convenience and necessity.
If this Franchise is renewed by the Town, all
the terms and provisions contained herein shall be
controlling during the renewal period, except to
the extent that said terms and provisions are
modified, amended, omitted, deleted, or changed by
the Town, or unless this Franchise is superceded
by a new Franchise. Should the Town, for any
reason, be unable to determine whether the
Franchise should be renewed prior to expiration of
this Franchise, Grantee shall have the right to
continue operation of its Cable Television System
pursuant to the terms of this Franchise and until
.such time as the determination is made. Should
the Town deny renewal of this Franchise, such
denial shall be accompanied by a written statement
setting forth the reasons for the denial. Grantee
shall have the right to request review of any such
denial by any court of competent jurisdiction.
Furthermore, in the event the Town denies renewal,
Grantee shall be afforded a period of six (6)
months following such denial within which to sell,
transfer, or convey this Cable Television System
to a qualified purchaser at a fair market value.
During the six (6) month period, which shall run
from effective date of the final order or decision
denying renewal, including any appeal, Grantee
shall have the right to operate its Cable
Television System pursuant to the terms of this
Franchise.
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Section 9. Forfeiture.
If Grantee shall violate the terms,
conditions, or provisions of this Franchise or if
Grantee should fail to comply with any reasonable
provisions of any Ordinances of the Town
regulating the use by Grantee of the streets,
alleys, easements or public ways of the Town, and
should Grantee further continue to violate or fail
to comply with the same for a period of thirty
(30) days after Grantee shall have been notified
in writing by the Town to cease and desist from
any such violation or failure to comply so
specified, then Grantee may be deemed to have
forfeited and annulled and shall thereby forfeit
and annul the rights and privileges by this
Franchise; provided, however, that such forfeiture
and annulment shall be declared only by written
decision of the Town Council and after an
appropriate public proceeding before the Town
Council affording Grantee due process and full
opportunity to be heard and to respond to any such
notice of violation or failure to comply; and
provided further the Town Council may, in its
discretion and upon a finding of violation or
failure to comply, impose a lesser penalty than
forfeiture of this Franchise or excuse the
violation or failure to comply upon a showing by
Grantee of mitigating circumstances. Grantee
shall have the right to comply and any resultant
penalty to any court of competent jurisdication.
In the event that forfeiture is imposed upon
Grantee, it shall be afforded a period of six (6)
months within which to sell, transfer, or convey
this Cable Television System to a qualified
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purchaser at a fair market value. During the six
(6) month period, which shall run from the
effective date of the final order or decision
imposing forfeiture, including any appeal, Grantee
shall have the right to operate this Cable
Television System pursuant to the provisions of
this Franchise.
Section 10. Payment to Town.
In consideration of the terms of this
Franchise, Grantee agrees to pay and shall pay,
three percent (3%) of its Gross Subscriber
Revenues.
Should Grantee exercise its renewal option as
described in Section 8 above, the payment to be
made during the second fifteen year term shall be
as determined by the Town Council at the time the
renewal is granted, but if no such determination
is made, or during any holdover period, Grantee
shall pay to the Town annually, three percent (3%)
of its Gross Subscriber Revenues.
Because it is understood by the Town that
Grantee's intention in charging
and hook-up is simply to recoup
expenses and to provide for the
desires of its subscribers, the
impose any Franchise or other fi
derived from those sources.
for installation
its out of pocket
varying needs and
Town will not
ae on the revenue
All fees and revenue due the Town under this
Section shall be computed using the Total Gross
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Subscriber Revenues for the entire calendar year,
which shall also be known as the "operating year".
Final and total, complete payment of this
Franchise Fee to the Town shall be made no later
than April 1 of the following year. Nothing
contained herein shall be construed as preventing
payment at some earlier date or partial payment
during the course of the operating year, which
shall be at the option of Grantee. Any amounts
due, but unpaid as of April 1 of any given year
shall draw interest at the rate of twelve percent
(12%) per year.
Section 11. Assignment.
Grantee shall not assign or transfer any
right granted under this Ordinance to any other
person, company, or corporation without prior
consent of the Town Council, which consent shall
not be unreasonably withheld; provided that
Grantee shall have the right to assign this
franchise to a corporation wholly owned by the
Grantee or to a limited partnership of which the
Grantee or other wholly owned subsidiary of
Heritage Communications, Inc. is a general partner
without prior consent of the Town.
Section 12. Annual Review and Consultation -
Review of Rates - Approval by Council.
Each year that this Franchise is in effect,
including any period of renewal or extension
granted pursuant to Section 8 of this Ordinance,
there shall be an Annual Review. This shall
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consist of a meeting of the Town Council, either a
study session or regular or special meeting or any
combination of them, as the Council may determine,
at which stockholders, agents or representatives
of Grantee shall appear and provide, in as much
detail as requested by the Town Council, facts
concerning the history of the Grantee Corporation,
both with respect to financial matters and to
operations. This annual Review shall take place
at the first regular meeting held during the month
of April of each year. Grantee shall also have
the opportunity to present, and may be requested
to provide information concerning future plans for
expansion of its system and/or additional services
to be offered. It is anticipated that this Annual
Review will be a cooperative sharing of ideas as
well as a constructive review of any problems or
complaints which may have arisen during the
previous operating year. It is appropriate for
Grantee to raise the issue of rate changes at this
Annual Review although Grantee is hereby also
specifically authorized to appear before the Town
Council at any regular meeting, by notifying the
Town Clerk of its desire to be placed on the
Agenda at least one week in advance of the regular
meeting at which it wishes to appear, to present
any rate changes which it desires to make.
In the event that Grantee requests a rate
change, it shall present to the Town Council, at a
regular or special meeting of the Town Council,
such evidence and supporting material as it may
desire. Grantee shall also be prepared to respond
to questions from the Town Council and the Public.
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In considering a rate change, the Council shall
vote to either pass or not pass the Ordinance
containing the new rate schedule, which Ordinance
shall be treated as other Avon Ordinances, except
that a new rate schedule change shall not be
passed as an Emergency Ordinance. If the
Ordinance is not passed, adopted and enacted by
the Town Council, the rate schedule shall remain
as it existed previously. The Council may
consider any factors which it deems relevant in
determining whether or not to adopt a proposed
rate schedule change.
Section 13. Rate Schedule.
The following rate schedule shall be in
effect during the term of this Franchise unless
and until it is modified, changed or amended by
the Town Council:
RESIDENTIAL UNITS MONTHLY SERVICE CHARGE
Basic Service $ 13.00
TMC (Pay TV) 10.50
HBO (Pay TV) 11.50
PLAYBOY (Pay TV) 9.50
DISNEY (Pay TV) 11.50
Additional Outlet 3.00
FM Outlet (Only) 13.00
Payment of 12 months in advance receives the 13th
month of service at no charge. Additional
discount available for multi-pay packages.
COMMERCIAL UNITS: Apartments, condos., lodges,
motels, condo-hotels and single
billings.
Number of
Units
Discount
Basic
0-25
0%
12.25
26-50
6%
11.52
51-75
8%
11.27
76-100
10%
11.03
101-150
14%
10.54
151-200
18%
10.05
201-300
24%
9.31
300-OVER
30%
8.58
Additional
Outlets
3.00
TMC HBO Playboy Disney
10750 11.50 9.50 11.50
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Above discounts apply on single billings only
and when payment for service is received by the
10th of the month in which service is provided.
Commercial accounts may receive additional
discounts based on yearly contracts: 1 year - 5%;
3 year - 10%; 5 year - 15%.
The appropriate basic rate is guaranteed for
the length of the contract. Pay service rate
increases from programmers will be added to the
present cost of that service at the net cost to
HC. Additional discounts available for multi-pay
packages.
INSTALLATION CHARGES
New Installation
(underground
$ 50.00
New Installation
(prewired unit)
31.00
Additional Outlet
(prewired unit)
15.00
Reconnection
22.00
Relocation or add
itional outlet
(not prewired)
22.00
FM Outlet Kit
10.00
FM Outlet (RMCTV
installs)
22.00
Pay TV Hookup
10.00
Discounts may apply on multi-unit
installations when hookups are done at one time
and one billing.
HC will prewire projects for time and
materials plus 20% (approximately $20.00 for the
first outlet/unit).
Nothing in this Ordinance shall be deemed to
prohibit reasonable promotional rates, which may,
from time to time, be less than the rates set
forth above.
Any action by the FCC or any other Federal
Government Agency which is also imposed on other
similar Cable TV Sytems, such as an increase in
the copyright fee, which results in a direct per
subscriber expense to Grantee, shall be passed on
to all subscribers directly at the time that such
additional expense is incurred by Grantee without
further approval or authorization by the Town
Council. If such an event occurs, Grantee hereby
agrees to notify all subscribers of the increase
within thirty days of the additional fee being
assessed and such notice shall state the reason
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for the increase and a statement that such rate
increase has been automatically assessed under the
provisions of the Franchise Agreement."
Section 14. Extent of Service.
Although it is anticipated that Grantee
intends to provide and will provide service to all
those eventually located within the present Town
Limits who request such service, and it is
desirable that Grantee shall provide service to
all those located within any future Town Limits,
including any area later annexed by the Town,
nothing in this Franchise shall be interpreted to
require that Grantee provide service to any
specific prospective subscriber, if providing such
service would constitute a financial burden or
hardship on Grantee. In the absence of a showing
of such hardship or burden, if requested, Grantee
shall not refuse to provide service to anyone who
requests it. Additionally, in any situation where
the prospective subscriber is willing to pay the
difference between Grantee's normal installation
expenses and the actual installation expenses for
the location at which service is being requested,
Grantee shall make such installation and provide
such service, and may require that the estimated
expense of such installation be paid prior to the
actual installation.
Section 15. Line Severing.
A. At any time the Grantee's cable and/or
other equipment is disturbed, damaged, or
severed, the cost of repair shall be paid by
the party responsible for said damage. The
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Company may charge the responsible party for
the time and materials expended for repair of
said damage. Further, the Town will
cooperate with the Grantee to assist it in
enforcing any charge or penalization arising
from cable severing or other damage to
Grantee property. The Grantee shall repair
any damage to its cable or other equipment
and restore service immediately if such is
feasible or otherwise as promptly as
practicable, ordinarily prior to seeking
payment for the damage or repair from the
responsible party.
B. A person or entity planning an
excavation within the Town may request the
Grantee to inform it of the location of its
cable or other equipment in the vicinity of
the planned excavation, and as promptly as
practicable after its receipt of the request,
the Grantee shall give said information to
said person or entity; the Grantee shall
furnish said information within 48 hours,
excluding Saturdays, Sundays, and Colorado
legal holidays, unless unusual circumstances
preclude it from doing so; the willful or
negligent failure of the Grantee to furnish
said information shall relieve the person or
entity which requested it from the obligation
to pay for the damage or repair that it
causes or necessitates to the Grantee's cable
or other equipment, provided that said person
or entity uses reasonable care in making the
planned excavation; provided, further, that
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where there is sufficient time, the request
for information and the information furnished
shall be in writing.
C. In the event any necessary repair is
not completed within 48 hours after the
damage to the cable or other property occurs,
the Grantee shall inform the Town thereof, in
writing if feasible, giving the reasons for
the delay and the estimated time when the
repair will be completed.
Section 16. Safety Requirements.
A. The Grantee shall at all times use
ordinary care in the construction, operation,
maintenance, repair, and utilization of its
cable and other facilities and shall install,
maintain, and use commonly accepted methods
and devices for preventing failures and
accidents which are likely to cause damage,
injuries, or nuisances to persons or
property.
B. All structures and all lines,
equipment, and connections in, over, under,
and upon the streets, sidewalks, alleys, and
public ways or places in the Franchise area,
wherever situated or located, shall at all
times be kept and maintained in a reasonable,
safe, and appropriate condition and in good
order and repair.
Section 17. Local Offices - Complaints.
The Grantee shall maintain an office in the
Town or in the vicinity thereof which subscribers
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within the Franchise area may telephone without
incurring toll charges. Except in the event of
catastrophic failure, no subscriber's complaint
shall remain without investigation by the Grantee
for more than a 24 hour period. Accurate records
shall be kept by the Grantee summarizing the
nature, extent, time, and date by which the
complaint was resolved or sought to be resolved.
The Grantee shall promptly furnish each present or
future subscriber with a letter of instruction
explaining the importance and the manner of
reporting complaints and rules and regulations
governing the obligations of the Grantee to
respond to subcriber complaints. Should a
subscriber have an unresolved complaint regarding
the quality of cable television service, equipment
malfunctions, or other pertinent matters, the
subscriber shall be entitled to meet jointly with
the Mayor or Town Manager and the Grantee's System
Manager to fully discuss and attempt to resolve
such matters, provided, that prior to such
meeting, the Subscriber shall clearly state, in
writing, the specific nature, frequency and extent
of the alleged problem and the dates on which the
problem has occurred. This written complaint
shall be filed with the Mayor or Town Manager, who
shall cause a copy of such complaint to be
immediately forwarded to Grantee's system manager.
Grantee shall then have five days after receiving
the complaint within which to correct the problem
and file a written response with the Mayor or Town
Manager stating specifically what has been done to
correct the problem. If the subscriber remains
unsatisfied following this procedure, he may then
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request that such a meeting with the Mayor or Town
Manager and Grantee's system manager be held.
Section 18. Preferential or Discriminatory
Practices Prohibited.
The Grantee shall not as to rates, charges,
service facilities, rules, regulations, or in any
other respect make or grant any preference or
advantage to any person or entity nor subject any
person or entity to any prejudice or disadvantage;
provided, however, that connection and service
charges may be waived or modified during
promotional campaigns of the Company.
Section 19. Privacy of Subscribers.
Grantee shall not sell or otherwise furnish
or make available any list of the names and/or
addresses of its subscribers to any person or
entity for any purposes whatever.
Section 20. Provision of Service to Agencies
of the Town.
The Grantee shall provide without charge one
outlet to each governmental office building, fire
station, police station, public and non-profit
private school building in the Franchise area that
is passed by its cable. The distribution of the
cable facility inside such buildings and the
extent thereof shall be at the option, duty, and
expense of the building owner or occupant.
Section 21. Violations.
A. From and after the effective-date of
this Ordinance, it shall be unlawful for any
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person or entity to construct, install, or
maintain within any public street in the
Town, or within any other public property of
the Town, or within any privately-owned area
within the Town which has not yet become a
public street but is designated or delineated
as a proposed public street on any tentative
subdivision map approved by the Town, any
equipment or facilities for distributing any
television signal or radio signal through a
CATV system, unless a Franchise authorizing
such use of such street, property, or area
has first been obtained from the Town, unless
such Franchise is then in full force and
effect.
B. It shall be unlawful for any person or
entity to make any unauthorized connection,
whether physically, electrically,
acoustically, inductively, or otherwise, with
any part of the franchised CATV system within
the Town for the purpose of enabling himself
or another person or entity to receive any
television signal, radio signal, picture,
program, or sound, without payment to the
operator of said cable system.
C. It shall be unlawful for any person,
without the consent of the Owner, to
willfully or negligently tamper with, remove,
or injure any cables, wires, or equipment
used for distribution of franchised
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television signals, radio signals, pictures,
programs or sound.
Section 22. Penalties.
Any person or entity violating or failing to
comply with any of the provisions of Section 20 of
this Ordinance shall be guilty of a misdemeanor
and for each day of violation or failure to comply
may be punished by a fine not to exceed $500.00 or
by imprisonment for a term not to exceed ninety
(90) days or by both such fine and imprisonment.
Section 23. Arbitration.
A. Disputes between the Town and the
Grantee arising from the failure of either
party to comply with the provisions of the
Franchise Ordinance or any collateral
agreements which cannot be resolved by the
parties may be submitted to binding
arbitration as hereinafter provided.
B. The Town and the Grantee shall endeavor
to resolve all disputes, except as otherwise
provided herein, by preliminary procedures to
be agreed upon. Disputes or complaints not
resolved by the preliminary procedures may be
submitted to binding arbitration.
C. The arbitration procedure shall be
substantially as follows:
1. The party demanding arbitration
shall serve notice on the other party of the
nature of the complaint, stating the facts
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and grounds and relief sought in reasonable
detail.
2. If a settlement is not reached
within 30 days after service of the aforesaid.
notice, the Town and the Grantee shall within
30 days thereafter each appoint as an arbiter
a person knowledgeable of cable television
who is not connected or associated with
either the Town or the Grantee, its parent,
or subsidiary corporations, and these two
arbiters shall then appoint a third arbiter
as promptly as practicable and in any event
within 30 days after their appointments.
3. Within 30 days following the
appointment of the third arbiter, the
arbitration board so constituted shall meet,
establish reasonable procedures, conduct a
public hearing, obtain evidence from the
Town, the Grantee, subscribers, and any other
interested person or entity, and, based upon
the admissible evidence, resolve the dispute
on a reasonable and equitable basis and
consistent with the Franchise and any
effective collateral agreements.
4. The decision of the arbitration
board, reached by a majority vote, shall be
binding upon the Town and the Grantee.
5. Costs for an arbitration shall be
paid by the parties equally or in some other
equitable manner as determined by the
arbitration board.
Section 24. Surrender Right.
Grantee may surrender this Franchise at any
time upon filing with the Town Clerk of the Town
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r s
of Avon a written notice of its intention to do so
at least three (3) months before the surrender
date. On the surrender date specified in the
notice, all of the rights and privileges and all
of the obligations, duties and liabilities of
Grantee in connection with this Franchise shall
terminate.
Section 25. Effective Date.
This Ordinance shall become effective when
accepted by Grantee and relinquished by Rocky
Mountain Cable TV, Inc. and shall then be and
become a valid and binding contract between the
Town of Avon and Grantee; provided however that
this Ordinance shall be void unless Grantee shall,
within 90 days after the final passage of this
Ordinance, file with the Town Clerk of the Town a
written acceptance of this Ordinance and the
Franchise herein granted, and during this same 90
day time period. Rocky Mountain Cable TV, Inc.
shall file with the Town Clerk of the Town a
written relinquishment. The written acceptance to
be filed by the Grantee shall state that the
Grantee will agree to comply with all of the
provisions and conditions hereof and that it will
refrain from doing all things prohibited by this
Ordinance.
Section 26. Repeal.
Ordinance No. 16, Series of 1979, is hereby
repealed.
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~ r
Section 27. Severability.
If any part, section, subsection, sentence,
clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not
affect the validity of the remaining portions of
this Ordinance; and the Town Council hereby
declares it would have passed this Ordinance, and
each part, section, subsection, sentence, clause,
or phrase thereof, regardless of the fact that any
one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
INTRODUCED, PASSED, READ ON FIRST READING, APPROVED AND
ORDERED PUBLISHED ONCE IN FULL, THIS 9th DAY OF AUGUST,
1983, AND A PUBLIC HEARING ON THIS ORDINANCE SHALL BE HELD
AT THE MEETING OF THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO, ON THE 23rd DAY OF AUGUST, 1983, AT 7:30 P.M. IN
THE MUNICIPAL OFFICES OF THE TOWN.
Mayor
0 0
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 7:30 P.M. ON THE
23rd DAY OF AUGUST, 1983, AT THE MUNICIPAL BUILDING, 400
BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF
CONSIDERING THE ADOPTION OF ORDINANCE N0.#83-33, SERIES OF
1983:
AN ORDINANCE GRANTING A FRANCHISE TO HERITAGE CABLEVISION,
INC. ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT, OPERATE, AND
MAINTAIN A CABLE TELEVISION SYSTEM IN THE TOWN OF AVON,
COLORADO, AND SETTING FORTH CONDITIONS ACCOMPANYING THE
GRANTE OF FRANCHISE AND PROVIDING FOR TOWN APPROVAL AND
REGULATION AND SETTING OUT ADDITIONAL DETAILS IN RELATION
THERETO, ESTABLISHING PROHIBITIONS RELATING TO THE PROVISION
OF CABLE TELEVISION SERVICES AND PROVIDING PENALTIES FOR THE
VIOLATION THEREOF; AND REPEALING ORDINANCE NO. 16, SERIES OF
1979.
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 given and passed by order of the Town Council of
the Town of Avon, Colorado.
Dated this 16th day of August, 1983.
TOWN OF AVON, COLORADO
Patricia J. Doy~,
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF
AVON ON AUGUST 16th , 1983.
THE MAIN ENTRANCE OF THE POST OFFICE,
THE MAIN ENTRANCE TO CITY MARKET,
THE PESTER GAS STATION; AND
THE MAIN LOBBY IN THE MUNICIPAL BUILDING
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RELINQUISHMENT
RMCTV hereby relinquishes and and all rights that it may hav, or have been granted
in relation to Ordinance No. 16, Series of 1979.
}Ct 13.
RMCTV