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HomeMy WebLinkAboutOrdinance-1981-0457INTRODUCED BY COUNCILMEMBER Aiell ORDINANCE NO. 457 Series of 1981 TITLE: AN ORDINANCE REPEALING AND REENACTING CHAPTER 21A OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE PER- TAINING TO THE ISSUANCE OF A PERMIT OR PERMITS FOR A CABLE TELEVISION SYSTEM IN THE CITY; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANTING OF SUCH PERMIT OR PERMITS; PROVIDING FOR REGULATIONS AND USE OF THE CABLE TELEVISION SYSTEM; AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Chapter 21A of the Code of Laws of the City of Wheat Ridge is hereby repealed in its entirety. Section 2. Chapter 21A of the Code of Laws of the City of Wheat Ridge, Colorado, is hereby reenacted as follows: Chapter 21A CONDITIONS AND REGULATIONS PERTAINING TO THE ISSUANCE OF A PERMIT OR PERMITS FOR A CABLE TELEVISION SYSTEM IN THE. CITY. 21A-1 DEFINITIONS For the purposes of this Chapter, the following terms, phrases, words, abbreviations and their derivations shall have the meaning herein given. When not inconsistent with the 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. Any terms that are defined in the rules and regulations of the Federal Communications Commission (FCC), but are not included in this Chapter, shall be incorprated herein by reference, and shall be defined as the same appear in the rules and regula- tions of the F.C.C., as applicable. (A) CABLE COMMUNICATION SYSTEM, CABLE TELEVISION SYSTEM, CABLE SYSTEM, CATV or SYSTEM shall mean a system of coaxial cables or other electrical conductors and equipment used or to be used to originate or receive television or radio signals directly or indirectly off the air and to transmit them via cable to subscribers for a fixed or variable fee, including the origination, receipt, transmission, and distribution of voices, sound signals, pictures, visual images, digital signals, telemetry, or any other type of closed circuit transmission by means of electrical impulses, whether or not directed to originating signals or receiving signals off the air. (B) CITY shall mean the City of Wheat Ridge, Colorado. (C) COUNCIL shall mean the elected governing body of the City. (D) GROSS SUBSCRIBER REVENUES shall mean those gross revenues of the Permittee attributable to the subscribers within the City; provided, however, that revenue resulting from installation and relocation charges or from sales of tangible personal property shall not be deemed gross subscriber revenues for the purpose of computing any permit fee pursuant to this Chapter. (E) LOCAL PROGRAM CHANNELS shall mean those channels which, by the terms of this Chapter or the Permit, are required to be kept available by the Permittee for partial or total dedication to local programming. (F) PAY TV means an arrangement under which a charge is made to a subscriber for receiving a particular television program or channel. (G) PERMIT shall mean the grant of rights and obligations under this Chapter to a Permittee pursuant to Council Resolution. (H) PERMIT AREA shall mean that area within the cor- porate limits of the City as delineated by a permit. (I) PERMITTEE shall mean the grantee of rights under this Chapter by the permit issued pursuant to this Chapter. The singular includes the plural. (J) PERSON shall mean any person, firm, partnership, association, corporation, company or organization of any kind. (K) PROPERTY OF PERMITTEE shall mean all property owned, installed or used by Permittee in the conduct of a CATV business in the City. (L) STREET shall mean the surface of and the space above and below any public street, right-of-way, road, highway, freeway, bridge, lane, path, alley, court, sidewalk, parkway, drive, communications or utility easement, now or hereafter existing as such within the permit area. (M) SUDSCRIBER shall r can any person or entity receiving for any purpose the CATV service of the Permittee herein. 21A-2 TITLE This Chapter shall be known and may be cited as the Cable Television Permit Ordinance of the City of Wheat Ridge, 21A-3 GRANT OF AUTHORITY The permit or permits to be granted by the City pursuant to this Chapter shall grant to Permittee the right and privilege to erect, construct, operate and maintain in, upon, along, across, above, over and under the streets, alleys, easements for the public or utilities, public ways and public places now laid out or dedicated and all such extensions thereto and additions thereto in the City; poles, wire, cables, underground conduits, manholes, and other television conductors and fixtures necessary for the maintenance and operation of a cable television system for the - 2 - interception, sale transmission and distribution of television programs and other data and audio-visual electrical signals and the right to transmit and to receive the same to the inhabitants of the City. 21A-4 NON-EXCLUSIVE GRANT The rights herein granted for the purposes herein set forth shall be non-exclusive, and the City reserves the right to grant a similar use of said streets, alleys, easements, public ways and places to any person at any time during the period of any permit; provided, however, that nothing contained herein shall be deemed to require the granting of additional CATV permits if, in the opinion of the City Council, it is in the public interest to restrict such permits to one or more. 21A-5 TERMS The term of any permit or permits to be granted by the City pursuant to this Chapter by separate Resolution, shall be for a period of fifteen (15) years from and after the grant and acceptance date of the permit to be awarded, subject to the conditions and restrictions as herein provided and in the Permit, and further provided that the Mayor and City Council shall have the right to review such permit or permits periodically at such time as the Mayor and City Council may from time to time elect to do so and as hereinafter provided. 21A-6 POLICE POWER In accepting any permit, Permittee acknowledges that its rights hereunder 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. 21A-7 CONSTRUCTION AND MAINTENANCE (A) All structures, lines and equipment erected by Permittee within the City shall be so located as to cause minimum interference as determined by the City's Public Works Director with the proper use of streets, alleys, easements and other public ways and places, and so as to cause minimum inter- ference with the rights or reasonable convenience of property owners. Permittee shall comply with all ordinances of the City now or hereafter in force. Where poles, conduits, or other wire- holding structures of any public utility are available for use by Permittee, the Permittee shall use such poles, conduits and structures if the permission and consent of such public utility is obtained by Permittee. As a minimum all cables shall. be buried underground where other public utilities are underqround. (B) In cases of disturbances of any street, public way, or paved area, Permittee shall, at its own cost and expense and in a manner approved by the City, replace, and restore such street, public way or paved area in as good condition as before the work involving such disturbances was done, such determination to be made by the City's Director of Public Works. All structures and all lines equipment and connections in, over, under - 3 - and upon all streets shall be kept and maintained by the Permittee in a safe and suitable condition, and in good order and repair as determined by the Public Works Director. (C) If at any time during the period of permit the City shall lawfully elect to alter or change the grade of any street, sidewalk, alley or other public way, Permittee, upon reasonable notice by the City, shall remove, relay or relocate its poles, wires, cables, underground conduits, man- holes and other fixtures at its own expense. (D) Any fixtures placed in any public way by Permittee shall be placed in such manner as not to interfere with the usual travel on such public way as deter- mined by City's Public Works Director. (E) Permittee shall, on the request of any person holding a building moving permit issued by the City, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same, and the Permittee shall have the authority to require such payment, in advance. Permittee shall be given not less than two (2) business days advance notice to arrange for such temporary wire changes. (F) Permittee shall have the authority to trim trees that are overhanging streets and public ways and places of the permit area, so as to prevent the branches of such. trees from coming in contact with the wires and cables of Permittee, except that at the option of the City, such trimming may be done by it or under its supervision and direction at the expense of the Permittee, provided that any otherwise healthy trees destroyed by Permittee shall be replaced by Permittee, at its sole expense. (G) Permittee 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 Permittee when required by the City by reason of traffic conditions, public safety, street vacation, freeway and street construction, change of establish- ment of street grade, installation of sewers, drains, water pipes, power lines, signal lines, and tracks, or any other type of structures or improvements by public agencies; provided, however, that Permittee shall, in all cases, have the rights and obligations of abandonment of property of Permittee, subject to City ordinances. (H) City shall have the right to make additional use, for any public or municipal purpose, of any conduits controlled or maintained exclusively by or for Permittee in any street,provided such use by City does not interfere with the use by Permittee. The City shall indemnify and hold harmless Permittee against and from any and all claims, demands, causes of action, actions, suits, proceedings, damages, costs or liabilities of every kind and nature whatsoever arising out of such use of - 4 - Permittee's conduits. In addition, Permittee shall have the right to make additional use of conduits controlled or maintained exclusively by the City, and shall indemnify and hold harmless the City against and from any and all claims, demands, causes of action, costs or liabilities of every kind and nature whatsoever arising out of such use of the City's conduits. 21A-8 SAFETY REQUIREMENTS (A) Permittee shall at all times employ due care and shall install and maintain in use commonly-accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public. (B) Any damage caused to any private property by the Permittee shall be repaired or restored fully by the Permittee. Minor unresolved property damage claims against the Permittee may be submitted to the City Administrator for resolution pursuant to the provisions of Section 21A-22 herein. (C) All structures and all lines, equipment and connec- tions in, over, under, and upon the streets, sidewalks, alleys, and public ways or places of the permit area, wherever situated or located, shall at all times be kept and maintained in a safe, suitable condition, and in good order and repair as determined by the Director of Public Works. 21A-9 SYSTEM SERVICE AND EXTENSION (A) Permittee shall extend its energized trunk and distribution cables capable of providing cable services to all households within its permit area and within a time schedule to be included in the permit. As a minimum, initial construction of the cable system shall be capable of servicing at least fifty percent (50%) of households within each permit area within twenty-four (24) months from the effective date of the permit, provided that such percentage shall be substantially uniform in each District of the City. For purposes of this ordinance, service shall be "substantially uniform" within each City Council District or permit area of the City if the percentage of homes in any particular District or permit area presently being served or capable of being served is no less than ninety percent (90%) of the percentage of homes served or capable of being served in the District or permit area in which construction is most advanced, it being the intent of City Council that there be a disparity in service capability of no more than ten percent (10%) between each of the Districts or permit areas of the City during said initial construction state. Preference may be given to an applicant for earlier system service availability exceeding said fifty percent (50%) minimum. (B) No person, firm or corporation in Permittee's service area shall be arbitrarily refused service. However, in recognition of the capital costs - 5 - involved, where the density is less than eight (8) householders per one thousand (1000) feet of distribution cable length or where the service drop cable is in excess of one hundred fifty (150) feet an installation surcharge will be allowed. (C) The distribution system shall initially be capable of carrying at least thirty-five (35) N.T.S.C. channels. During the term of any permit issued hereunder, Permittee shall maintain and operate a system capable of providing the maximum number of channels available in the cable television industry. One basic set top converter to receive the channel capacity of the cable system shall be provided free of charge to each subscriber at the time of installation, for which Permittee may require and collect a returnable deposit. In addition, Permittee may provide for a reasonable fee for additional converters or for upgraded converters. (D) The system shall have a two-way capability. 21A-10 OPERATIONAL STANDARDS (A) In addition to the minimum requirements prescribed in this Chapter, Permittee shall operate and maintain its cable television system in full compliance with the standards set forth by the Federal Communications Commission, as applicable, and such additional and further standards as may be prescribed in the Permit. (B) Copies of all petitions, applications and com- munications submitted by the Permittee to the Federal Communications Commission or state regula- tory commission or agency having jurisdiction in respect to any matters affecting CATV operations authorized pursuant to this Chapter, shall be submitted simultaneously to the City. (C) The Permittee shall diligently apply for all necessary permits and authorizations required in the conduct of its business, and shall diligently pursue the acquisition thereof, including necessary authorization from the Federal Aviation Agency to construct such receiving antenna towers as may be required, and any necessary authorizations or waivers from the Federal Communications Commission, and when any such permit, authorization, contract or waiver is obtained, a copy thereof shall be promptly filed by the Permittee with the City. (D) Permittee shall annually file copies with the City of all reports submitted to any governmental agency or body. Should the governmental agencies or bodies no longer require reports after the selection of the Permittee, the City Council, at its option, may require further data. (E) Permittee shall file with the City copies of all rules, regulations, terms and conditions which it has adopted for the conduct of its business. - 6 - (F) The operations and facilities of Permittee shall be conducted and maintained in a manner which shall not interfere with the radio and television reception obtained through any method other than Permittee's facilities and will not in any manner interfere with the communications facilities owned and operated by the City. 21A-11 STATE OF THE ART; MOST FAVORED NATIONS Permittee shall upgrade its facilities, equipment and service so that its system is as advanced as the current state of technology will allow so that, at all times, Permittee's cable system shall be no less advanced than any other system (excluding pilot or demonstration systems) operated by Permittee or directly or indirectly by Permittee's parent organization in any community of comparable size and density, and with comparable demographic and competitive factors; within a 100 mile radius of the City of Wheat Ridge. In the event that any system described in this Section 21A-11 is installed by Permittee, Permittee may appeal to the City Council for a waiver of the requirement to go forward with installation of a similar system within the City. Said request for waiver shall be in writing and shall be considered at a public hearing of City Council at which due process is afforded both Permittee and the citizens of the City of Wheat Ridge. After said hearing, if the Council determines, giving due regard to limitations in technology and economic reasonableness, that any part or all of the cable system should be improved or upgraded, including without limitation the increasing of channel capacity, it may order such upgrading of the cable system by the Permittee within the times specified in this section. 21A-12 FREE DISTRIBUTION SERVICES Permittee shall install, operate, and maintain, free of charges and liens, facilities for reception of its cable television distribution service through an outlet at each of the following: (A) At each public or parochial, elementary and secondary school within the City. (B) At each public or private accredited college or school. (C) At the Municipal Building and any fire station located within the corporate bounds of the City. (D) At each public library within the City. (E) Any of the foregoing may request the installation of one or more additional outlets, and the same shall be installed by Permittee at a charge equal to the time and material costs thereof. In no - 7 - event, however, shall Permittee charge a monthly service fee to said establishments, regardless of the number of outlets installed. 21A-13 LOCAL STUDIO Permittee shall install, and thereafter maintain, facilities, including television cameras and studios, for the distribution, through its distribution system, of locally emanating television programs, at such time and in such particulars as shall be prescribed in the Permit. Permittee shall be responsible for scheduling and production of such programming. Any local studio installed pursuant to this section shall be reasonably accessible to, both in terms of physical proximity and available hours of utilization, the City and its residents. 21A-14 LOCAL OFFICE; COMPLAINTS (A) Permittee shall maintain a local business office or agent which subscribers may telephone during regular business hours without incurring added message or toll charges so that CATV maintenance service shall be promptly available. In addition, provisions shall be made by Permittee for receiving and responding to service calls at all other times. Should a subscriber have an unresolved complaint regarding the quality of cable television service, equipment malfunctions, or similar matters, the subscriber shall be entitled to meet jointly with a representative of the City Administrator's Office and a representative of Permittee within fifteen (15) days to fully discuss and resolve such matters. (B) The City may, upon approval of City Council, adopt regulations and arbitration procedures as deemed necessary for the orderly resolution of complaints, which regulations shall, at a minimum, prescribe that all complaints received be acknowledged and addressed within twenty-four (24) hours of the time of receipt. 21A-15 RATES The Permittee shall maintain on file with the City a schedule setting forth all rates or charges to be made to sub- scribers for CATV service, including connection charges, service charges, and surcharges. Notice of changes in rates and charges shall be filed with the City at least sixty (60) days in advance of the effective date thereof, provided, however, the City may within said sixty (60) day period cause a hearing to be held on said rate change at which hearing, which shall be conducted as a quasi-judicial hearing, the Permittee shall have the burden of showing good cause for the proposed rate increase. At the con- clusion of said hearing, the City Council may veto the rate change where it is found that good cause has not been shown by the Permittee to substantiate the rate change. Nothing herein contained, shall, however, be construed to grant the City any authority to regulate the rates that the Permittee charges for "Pay TV" services, so long as the same is prohibited by the Federal Communications Commission. - 8 - 21A-16 PERMIT PAYMENTS (A) Permittee shall pay tc the City, on or before the 30th day of June and the 31st day of December of each year, a three percent (3°s) permit fee based on gross subscriber revenues received in the City for that preceding six-month period. Sales tax or other taxes levied directly on a per-subscription basis and collected by the Permittee shall be deducted from the gross subscriber revenues before computation of sums due the City is made. Permittee shall provide a summary for each six-month period showing gross subscriber revenues received during said period. Such semi-annual report shall be subject to audit by the City. In the event that the gross subscriber revenue percentage is found to be illegal by a court of competent jurisdiction, then in that event, an annual payment shall be made to the City based on an equivalent amount per subscriber. (B) The aforesaid permit fee may be increased or decreased at the discretion of the City at any time the Permittee institutes any subscriber rate change per Section 21A-15 hereof following a public hearing at which is afforded reasonable notice and due process procedures and protections. 21A-17 USE OF SYSTEM BY CITY The City shall have the right, without cost, to make attachment to facilities owned by Permittee in connection with its fire or police signal systems, or other City use, such attach- ments to be installed and maintained in accordance with the requirements of the Electrical Code of the City, and only after written notice to the permittee; provided that the Permittee shall assume no liability or expense in connection therewith and provided further that the City's use thereof shall be in such manner as not to interfere with the cable television operations of the Permittee. City agrees to indemnify Permitte for and on account of any damage caused by City to Permittee's system by virtue of City's utlization thereof pursuant to this Section. 21A-18 PREFERENTIAL OR DISCRIMINATORY PRACTICES PROHIBITED Permittee 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, nor subject any person to any prejudice or disadvantage provided that nothing in any permit granted shall be deemed to prohibit the establishment of a graduated scale of charges and classified rate schedules to which any customer coming within such classifcation would be entitled, and provided further that connection and service charges may be waived or modified during promotional campaigns of Permittee. 21A-19 SELECTION OF PERMITTEE (A) Request for Proposal. In selecting a Permittee pursuant to this Chapter, the City may prepare a Request for Proposal to seek bids for a Cable Communication System to be established under permit by the City. This Request for Proposal will contain information and instructions relating to the preparation and filing of proposals; conditions regarding the installation, operation and maintenance - 9 - of a CATV system under City permit; and the criteria to be used in evaluating applicant proposals. (B) Criteria for Selection of Permittee. Applicants will be evaluated according to the following criteria: (1) Installation Plan. Preference may be given an installation plan that would provide flexibility needed to adjust to new developments, maintenance practices, and services that would be avail- able to the subscriber and the community immediately and in the future. Preference may be given for total system construction in the shortest time. (2) Rate Schedule. Preference may be given to applicants with the most reasonable installation and sub- scriber rate schedule. (3) Financial Soundness and Capability. The evidence of financial ability required in the applicant's proposal shall be such as to assure ability to complete the entire system within the proposed schedule. (4) Demonstrated Experience in Operating A CATV Sytem under City Permit. Preference may be given upon evidence of the applicant's experience in operating a CATV System under a city permit, where such evidence would show or tend to show or confirm the ability of the applicant to furnish sufficient and dependable service to the potential public and private users. (C) Selection Methodology. The City Council shall award a permit to an applicant only after a public hearing on the application and proposal, notice of said public hearing to be published at least once in a local newspaper of general circulation. The decision to grant any permit shall be at the sole discretion of the City Council within the requirements of this Chapter and any such decision thereon shall be final. Any permit that is granted shall he authorized by Resolution of the City Council, which Resolution shall thereafter be published at least once in a local newspaper of general circulation. 21A-20 INDEMNIFICATION OF CITY (A) Permittee shall at all times protect and hold harmless the City from all claims, actions, suits, liability, loss, expense or damages of every kind and description, including investigation costs, court costs, and attorneys' fees, which may accrue to or be suffered or claimed by any person or persons arising out of the negligence of Permittee - 10 - in the ownership, construction, repair, replacement, maintenance and operation of said cable television system and by reason of any license, copyright, property right or patent of any article or system used in the construction or use of said system, or any other suit or claim of any nature arising out of the construction operation, or use of said system. (B) Permittee shall maintain in full force and effect during the life of any permit, public liability insurance in a solvent insurance company authorized to do business in the State of Colorado, at no less than in the following amounts: (1) $500,000 property damge in any one accident; (2) $1,000,000 for personal injury to any one person; (3) $2,000,000 for personal injury in any one accident. Provided that all such insurance may contain reasonable deductible provision not to exceed $1,000.00 for any type of coverage, and provided further the City may require that any and all investigation of claims made by any person, firm or corporation against the City arising out of any use or misuse of privileges granted to Permittee hereunder shall be made by, or at the expense of Permittee or its insuror. 21A-21 PERFORMANCE GUARANTEE The Permittee shall, within thirty (30) days of granting of a permit, accept the terms of the permit and agree to perform all the conditions thereof, which acceptance shall be evidenced by a signed contract as provided for herein. Concurrently with its acceptance of the permit, Permittee shall file with the City Clerk and at all times thereafter maintain in full force and effect for the term of the permit or any renewal thereof, at company's sole expense, a corporate surety bond in a responsible company licensed to do business in Colorado in the amount of one hundred thousand ($100,000.00) dollars renewable annually, and conditioned upon the faithful performance of Permittee and upon the further condition that in the event Permittee fails to comply with any one or more of the provisions of the permit, there shall be recoverable jointly and severally from the principal and surety of such bond, any damages or loss suffered by the City as a result thereof, including the full amount of any com- pensation, indemnification or cost of removal or abandonment of any property of the Permittee as prescribed hereby, plus a reason- able allowance for attorney's fees and costs, up to the full amount of the bond, said condition to be a continuing obligation for the duration of the permit and any renewal thereof and there- after until the Permittee has liquidated all of its obligations with the City that may have arisen from the acceptance of the permit or renewal by the Permittee or from its exercise of any privilege or right herein granted. The bond shall provide that at least thirty (30) days prior written notice of intention not to renew, cancellation or material change be given to the City by filing the same with the City Clerk. Notwithstanding the above provisions of this section, the City Council may waive the requirements of such bond, or reduce the required amount thereof, in the event Permittee has demonstrated its good faith and ability - 11 - to perform in a satisfactory manner by its prior construction activities, but in no event shall all or any portion of said bond be waived until seventy-five (75%) or more of the homes within any geographical area encompassed within any permit granted hereby are capable of being provided service by Permitee. 21A-22 PROPERTY DAMAGE FUND The Permittee shall within thirty (30) days of granting of a permit, deliver to the City $25,000 to be deposited in the Wheat Ridge CATV Property Damage Fund and to be used in the sole discretion of the City for settlement of minor unresolved claims against the Permittee for damage to private property including but not limited to shrubs, trees, fences, etc. The Permittee shall restore this cash fund to the $25,000 amount within four- teen (14) days afer notification that the City has drawn from the fund a claim settlement. All funds so held by the City shall be deposited by the City into its general accounts, and any interest earned thereon shall be the sole property of the city. Notwithstanding the above provisions of this section, the City Council may in its sole discretion waive the property damage fund requirement, or reduce the required amount thereof, if performance by the Permittee, its successors or assigns, in the sole opinion of the City Council has been satisfactory. Procedure for utilization of the property damage fund shall be as follows: (a) If a property owner has been unable to resolve settlement of a property damage claim against the Permittee within fourteen (14) calendar days, he may request resolution by the City Administrator. (b) The City Administrator, or his designee, will investigate the claim and notify the Permittee of his findings. (c) If, after fourteen (14) calendar days from notification by the City Administrator, the Permittee has still not resolved the claim, the City Administrator may draw from the fund and make payment to the claimant in an amount as deemed equitable by him up to the amount of $500.00. 21A-23 BID DEPOSIT The application for grant of permit, as required in this Chapter, shall be accompanied by a non-refundable bid deposit of $2,500.00. In addition, any city administrative costs incurred in evalutaing bid proposals, including consultant fees and publica- tion costs and any election costs shall be reimbursed the City by successful applicant, up to an additional amount of $15,000.00, in the event that the non-refundable bid deposits are inadequate to cover these expenses. 21A-24 OPEN COMPETITION It is the intent of the City herein to foster open competition and afford fundamental fairness in the granting of a permit to any applicant. The operation of cable television systems within the City shall always be on a non-exclusive basis. The City reserves the right to reject any applicant or all applicants if necessary, and the decision thereon shall be final. - 12 - 21A-25 JURISDICTION The City in adopting this Chapter is primarily addressing general public services provided by cable systems. The City may allow separate permits for specialized cable systems for certain areas in the City and grant such waivers to the requirements of this Chapter as are deemed necessary to accomodate such specialized cable systems. 21A-26 APPROVAL OF TRANSFER Permittee shall not sell or transfer its plan or system to another, other than a parent company or a wholly-owned subsidiary of Permittee, nor transfer any right under any permit to another entity without Council approval, provided that no sale or transfer shall be effective until the vendee, assignee or lessee has filed in the office of the City Clerk an instrument duly executed reciting the fact of such sale, assignment or lease, accepting the terms of the permit and agreeing to perform all the conditons thereof. Such Council approval will not be unreasonably withheld. 21A-27 RENEWAL PROCEDURE Permittee shall have the option to request renewal of a permit for any addition period not to exceed fifteen (15) years. Should Permittee desire to exercise this option, it shall. so notify the City, in writing, not less than three (3) months prior to expiration of any permit. Upon exercise of this option by Permittee, the City shall conduct a full, open, and public renewal proceeding upon prior notice and opportunity of all interested parties to be heard. The renewal proceeding shall be held for the purpose of considering Permittee's performance under any permit. Renewal shall not be unreasonably denied, and shall be granted unless Permittee is found to have violated the provisions of Section 21A-28 herein. If any permit is renewed by the City, all of the terms and provisions contained herein shall be controlling during the renewal period, except to the extent that said terms and provisions are modified by the City, or unless any permit is superseded by a new permit. Should the City, for any reason, be unable to complete the renewal proceeding prior to expiration of any permit, Permittee shall have the right to continue operation of its cable television system pur- suant to the terms of any permit, until such time as the renewal proceeding is concluded. Should the City deny renewal of a permit, such denial shall be accompanied by a written statement setting forth the reasons for the denial. Permittee shall have the right to request review of any such denial by any court of competent jurisdiction. 21A-28 SURRENDER RIGHT Permittee may surrender the permit granted at any time upon filing with the City Clerk of the City 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 Permittee in connection with the permit shall terminate. 21A-29 TERMINATION OF PERMIT In addition to all other rights and powers of the City by virtue of this Chapter, the City may terminate and cancel the permit and all rights and privileges of the Permittee thereunder in the event that the Permittee either: - 13 - (a) Violates any provision of this Chapter or the permit, or any rules, order, or determination of the City Council made pursuant thereto, where such violation shall remain uncured for a period of thirty (30) days subsequent to receipt by Permittee of written notice of said violation, except where such violation is not the fault of the Permittee or is due to excusable neglect; or (b) Attempts to evade any of the provisions of this Chapter or the Permit, or practices any fraud or deceit upon the City. Such termination and cancellation shall be made by resolution of the City Council duly adopted after sixty (60) days notice to the Permittee and shall in no way affect any of the City's rights under this Chapter or any provisions of law, provided, however, that before the Permit may be terminated and cancelled under this section, the Permittee shall be provided with an opportunity to be heard at a public hearing before the City Council, upon thirty (30) days written notice to the Permittee of the time and place of the public hearing; provided further that said notice shall affirmatively cite the reasons alleged to constitute cause for revocation; and provided further that notice of said public hearing shall be published in a local newspaper of general circula- tion at least twenty (20) days before the date of the hearing. 21A-30 TERMINATION ALTERNATIVES (A) Removal of System In the event of termination of the permit either through non-renewal, surrender or termination, Permittee may be afforded at City's sole discretion, a period of six (6) months within which to sell, transfer, or convey the cable television system to a qualified purchaser at fair market value. During this six(6)-month period, which shall run from the effective date of the final order or decision of termination, Permittee shall have the right to operate the cable television system pursuant to the provisions of the permit, and during said period Permittee shall be under an absolute affirmative obligation to operate this cable television system in a sound and professional, business-like manner. After the above-mentioned six(6)-month period has elapsed, and no sale has occurred, the Permittee shall remove the system from the public rights-of- way, and upon Permittee's failure to do so within a three(3)-month period after notification to do so the Permittee shall be deemed to have abandoned said system and title shall thereupon vest in the City without any obligation from City to Permittee. (B) Purchase of System by City. In the alternative, in the event of termination of the permit either through non-renewal, surrender, or termination, City, at its election, and upon the payment to the Permittee of a price equal to the fair market value of the System shall have the right to purchase and take over the System. The above price shall not include, and the Permittee shall not receive anything for the valuation of "goodwill" or of any right or privilege under - 14 - this permit. However, in determining fair market value, the salvage value, depreciated book value, and replacement cost of the system may be con- sidered, and further, in the event of dispute the matter, at the option of the City, may be submitted to an independent arbitrator for binding determination in conformance with arbitration procedures of the American Arbitration Association and Rule 109 of the Colorado Rules of Civil Procedure. 21A-31 PRIVACY (A) Subscriber data, including names, addresses, and phone numbers, shall not be distributed and used by the Permittee for other than the normal conduct of business activities. The greatest protection then currently available shall be provided by the Permittee to avoid access thereto by outside parties and to protect the right of privacy of subscribers. (B) Access to subscriber data required for providing two way transmission including but not limited to automatic alarm systems, shall be limited to those personnel of the Permittee or agencies required for the provision of the service. Reasonable protection shall be provided by the Permittee to avoid access thereto by outside parties and to protect the right or privacy of subscribers. 21A-32 MISCELLANEOUS PROVISIONS (A) When not otherwise prescribed herein, all matters herein required to be filed with the City shall be filed with the City Clerk. (B) In the case of any emergency or disaster, Permittee shall, upon request of the City, make available its facilities to the City for emergency override use during the emergency or disaster period. 21A-33 VIOLATIONS (A) From and after the effective date of this Chapter, it shall be unlawful for any person to construct, install or maintain within any public property of the City, or within any privately-owned area within the City 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 City, any equipment or facilities for distributing any television signals or radio signals through a cable television system, unless a permit authorizing such use of such street or property or other area has first been obtained, and unless such permit is in full force and effect. (B) It shall be unlawful for any person, firm or corporation to make any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of the cable television system under any permit within this City for the purpose of enabling himself or others to receive any television signal, radio signal, picutre, program or sound, without payment to the operator of said system. - 15 - (C) It shall be unlawful for any person, without consent of the owner, to willfully tamper with, remove or injure any cables, wires or equipment used for distribution of television signals, radio signals, picutres, programs or sound. (D) During the period of any permit issued hereunder, neither the Permittee nor any of its affiliated, susidiary or parent organizations, officers or directors or stockholders holding ten percent (10%) or more of outstanding stock of the Permittee shall, within the corporate limits of the City of Wheat Ridge or within ten (10) miles in any direction thereof, directly or indirectly engage in the retail sale, renting or repair of television or radio receivers, nor require, encourage or recommend to any subscriber to purchase, rent or lease radios or televisions at any specific business renting, leasing or selling radios or televisions or to utilize the services of any specific television or radio service business for the repair or maintenance of the subscriber's receivers, either radio or television, wheresoever located. 21A-34 PENALTIES Any person violating or failing to comply with any of the provisions of this Chapter 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 $300.00. In addition, the City may seek injunctive relief under applicable Colorado Rules of Civil Procedure for any violation hereof. 21A-35 PARTIES TO ENTER INTO CONTRACT Pursuant to the provisions of 21A-21 above, Permittee agrees to enter into a contract with the Ciyt, said contract to be approved as to form by the City Attorney and when so approved, executed by the Mayor. Said contract shall incorporate the applicable provisions of this Ordinance, and shall additionally provide for legal and equitable remedies in case of breach, all such remedies to be exercisable separate from or in conjunction with any remedy available for violation of any provision of this Ordinance, provided, however, that no actions of the City shall result in double jeopardy attaching to Permittee. 21A-36 SEVERABILITY If any provision of this Chapter or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions of this Chapter. The several provisions of this Chapter are severable. Section 3. Any provision of the Code of Laws of the City of Wheat Ridge which is inconsistent with or contrary to any of the provisions hereof is expressly repealed hereby. Section 4. Safety Clause. The City Council hereby finds, determines and declares that this ordinance is promulgated for the health, safety and welfare of the public and that this ordinance is necessary for the preservation of health and safety for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to these objectives. - 16 - Section 5. Severability. If any clause, sentence, paragraph or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. Section 6. This ordinance will take effect one (1) day after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 this 13th day of July , 1981; ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for July 27 , 1981, at 7:30 o'clock p.m., at Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by a vote of 8 to _ 0 this loth day of August , 1981. Posponed on July 27, 1981 to August 10, 1981. SIGNED by the Mayor this day of 1981. li Frank Stites, Mayor ATTEST: Carol Hampf, City clerk 1st Publication July 16. 1981 2nd Publication AugUSt 20. 1981 Wheat Ridge Sentinel Effective Date August 21. 1981 APPROVED AS TO FORM BY OFFICE OF CITY ATTORNEY: - 17 -