HomeMy WebLinkAboutOrdinance-1982-0492INTRODUCED BY COUNCILMEPIBER AIELLO; MERKL (on 2nd reading)
ORDINANCE NO. 492
Series of 1982
TITLE: AN ORDINANCE AMENDING CHAPTER 21A, TELEVISION CABLE SYSTEMS,
OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE BY AMENDING
SECTIONS 21A-9(c), SYSTEM SERVICE AND EXTENSION, AND
SECTION 21A-22, PROPERTY DAMAGE FUND, THEREOF, AND BY
ADDING A SECTION 21A-27.5, PERMIT REVIEW.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. Section 21A-9, System Service and Extension,of the
Code of Laws of the City of Wheat Ridge is hereby repealed and
reenacted as follows:
"Sec. 21A-9. System service and extension.
(c) The distribution system shall initially be capable
of carrying at least thirty-five (35) N.T.S.C.
channels.
XyfooftXy. 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 the permittee
may require and collect a returnable deposit.
In addition, the permittee may provide for a
reasonable fee for additional converters or for
upgraded converters."
Section 2. Section 21A-22, Property Damage Fund, of the Code of
Laws of the City of Wheat Ridge is hereby repealed and reenacted
as follows:
"Sec. 21A-22. Property damage fund.
The permittee shall, within thirty (30) days of granting
of a permit, deliver to the city Xy40yiyy/five thousand dollars
($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 Xy40yitgffive thousand
dollar ($25,000.00) amount within fourteen (14) days after
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.
"7VrE TWO
(b) The city administrator, or his designee, will
investigate the claim and notify the permittee of
his findings,, within 14 days, in writing.
(c) If, after fourteen (14) calendar days from noti-
fication by the city administrator, the permittee
has still not resolved the claim, the city admini-
strator may draw from the fund and make payment to
the claimant in an amount as deemed equitable by
him up to the amount of five hundred dollars
($500.00)."
Section 3. The Code of Laws of the City of Wheat Ridge is amended
by adding thereto the following new Section 21A-27.5, Permit Review:
"Sec. 21A-27.5. Permit review.
Notwithstanding any other provision of this Chapter
of the Code of Laws, the City of Wheat Ridge reserves unto
itself the right, at its own and sole discretion, to review
the terms of any permit granted hereunder, and the performance
of any permittee thereunder, at five-year intervals. Said
review may extend to all matters contained within said permit,
including, not by way of limitation, the areas of rates,
performance, system improvement, and services offered. At
the city's sole discretion, the permit may be renegotiated
and extended for an additional period of up to five (5) vears
as a result of this review process. In anv event,
a review shall be made two yearsbefore the termina-
tion date of any permit issued hereunder."
Section 4. Safety Clause. The City Council hereby finds, deter-
mines, and declares that this ordinance is promulgated under the
general police power of the City of Wheat Ridge, that it is promul-
gated for the health, safety, and welfare of the public, and that
this ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare.
The City Council further determines that the ordinance bears a
rational relation to the proper legislative object sought to be
attained.
Section 5. Severability. If any clause, sentence, paragraph,
or part of this ordinance or the application thereof to any person
or circumstances shallfor 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 appli-
cation to other persons or circumstances.
Section 6. This ordinance will take effect one day after final
publication.
INTRODUCED, READ AND ADOPTED on first reading by a vote of 8
to 0 , this 26th day of April , 1982; 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 May 10 , 1982, 7:30 p.m., in the Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final readiAa
by a vote of 7 to 0 this 10th day of May
SIGNED by the mayor this 13th day of May 1982.
ATTEST:
t y v Frank Stites yor
ate' ampf, City Clerk V i4
1st publication: April 29, 19$2; 2nd publication:
Effective Date: May 21, 1982 May 20, 1982 - -4~Nh eat Ridgp ;,'§entinel
APPROVED _,OAS TO F Y OFFICE OF CITY ATTORNEE ,
Jo n E. Hayes