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Wheat Ridge is hereby repealed in its entirety.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
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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
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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
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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
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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.
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(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
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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.
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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
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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
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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
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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.
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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:
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(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
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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.
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(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.
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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:
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