HomeMy WebLinkAboutOrdinance - 10141-1999 - Granting Coxcom Inc Doing Business As Cox Communications - 01/28/1999First Reading
Itea Mo. 49
January 28, 1999
Second Reading
Item Mo. 10
February 11, 1999
ORDINANCE NO. 10141
AN ORDINANCE GRANTING TO COXCOM, INC., A SUBSIDIARY OF
COX COMMUNICATIONS, INC., DOING BUSINESS IN LUBBOCK AS COX
COMMUNICATIONS WEST TEXAS, THE RIGHT, PRIVILEGE AND FRANCHISE
TO CONDUCT WITHIN 1HE BOUNDARIES OF THE CITY OF LUBBOCK A
CABLE SYSTEM; AND PROVIDING THEREIN FOR DEFINITIONS; SERVICES,
EQUIPMENT AND FACILITIES; A TERJ-..1; FRANCHISE FEES; INSURANCE;
OTHER DUTIES; AMENDMENT; ACCEPTANCE OF FRANCHISE; RATES;
PUBLICATION; AN EFFECTIVE DATE: AND A SAVINGS CLAUSE.
WHEREAS, the City of Lubbock. a home rule municipal corporation of the State
of Texas, has received notification of intent to renew its Cable System franchise from
CoxCom, Inc., a subsidiary of Cox Communications, Inc., doing business in the City of
Lubbock as Cox Communications West Texas; and
WHEREAS, the City of Lubbock has heretofore given public notice of such
notification and proposal and has received public comment on November 21, 1996, at a
public hearing conducted for such purpose and has otheiWise investigated the
performance of the franchisee; and
WHEREAS, the City Council of the City of Lubbock received such public
comment in order to determine whether the existing franchisee hereinafter called
"Company," has complied with the conditions of and performed its obligations under its
existing franchise agreement to the satisfaction of the City and the Company's
Subscribers; and
WHEREAS, the City Council further considered the technical developments and
performance of the Company's System, programming, other services, cost of service and
other requirements; and
WHEREAS, the City Council also bas considered the Company's proposal and its
annual reports made to the City and to the FCC; as well as industry performance and
current state-of-the-art of broadband communications on a national basis; and
WHEREAS, the City Council, following such considerations as are hereinabove
set forth, has determined that the Company has met such conditions of and performed its
obligations under its existing franchise agreement; and
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WHEREAS, the City of Lubbock has authority to grant non-exclusive franchises
under applicable state law and constitutional provisions pursuant to its authority to
operate as a home rule municipality and to regulate and control the use of public streets,
alleys, and rights-of-way: and
WHEREAS, the Company's commitments hereunder are, in fact, given by the
Company in consideration for the grant of authority hereunder to make use of said public
streets, alleys, and rights-of-way held by the City of Lubbock in trust for the citizens of
Lubbock; and
WHEREAS, the City Council, based upon the findings upon the Company's prior
perfonnance hereinabove set out and the Company's new proposal, and the report
thereon, and the public hearing held upon this matter, finds it to be in the public interest
to enter into a renewal of the Company's non-exclusive franchise upon the terms and
conditions hereinafter set forth; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
1. GRANT. That subject to the terms, conditions, and provisions of this
Ordinance and of the City of Lubbock Ordinance No.l0134 , which ordinance is hereby
incorporated herein by reference and which shall be a part hereof for all intents and
purposes as if said Ordinance No. 10134 were copied herein in its entirety, the City of
Lubbock does hereby grant unto CoxCom, Inc., a subsidiary of Cox Communications,
Inc., doing business in Lubbock as Cox Communications West Texas, a corporation
incorporated under the laws of Delaware and having a permit to do business in the State
of Texas, the right, privilege and franchise to conduct within the boundaries of the City of
Lubbock, as such boundaries now exist or may be hereafter extended, a Cable System
business with the right to enter upon and erect, construct, maintain, extend, repair,
replace, and remove in~ Wlder, upon, within, over, above, across, and along any and all
present and future public streets, alleys and rights-of-way of the City of Lubbock such
equipment and appurtenances thereto as are necessary, proper and reasonably needed for
said Cable System business to the extent that the City is authorized to grant such right.
2. DEFINlTIONS. All definitions shall be the same as, and in accord with,
definitions defmed in Ordinance No.l0134 of the City ofLubbock.
3. SERVICES. EQUIPMENT AND FACILITIES.
(a) The Company shall initially provide the programming services
specified in the "Schedule of Services" attached hereto as Exhibit A and
incorporated herein by reference for all purposes. Such programming may be
changed by Grantee to meet customer satisfaction as it deems fit.
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(b) The Company shall provide equipment and/or facilities equivalent
to or better than the equipment and/or facilities specified in the "Schedule of
Equipment/Facilities .. attached hereto as Exhibit Band incorporated herein by
reference for all purposes.
(c) The Company's Lubbock Cable System sha11 meet or exceed the
technical and design requirements of the FCC.
4. TERM. The term of this agreement shall be for fifteen (15) years from the
effective date of this Ordinance.
5. FRANCHISE FEE. The Company hereby agrees that it will pay a
franchise fee of five percent (5%) of its Gross Revenues, as that term is defined in
Ordinance No. 10134. Said franchise fee shall be paid on a quarterly basis, not later than
sixty (60) days after the last day of each March, Jwte, September and December.
6. INSURANCE. The Company shall provide liability insurance meeting the
requirements of Ordinance No . .l.O.l.3!l and in the amounts stated in the Company's
application for franchise, which application is incorporated herein by reference and made
a part hereof for all intents and purposes.
7. OTHER DUTIES. The Company shall pay to the City all other monies;
install all other services; and perform all other terms and conditions to be performed by
the Company pursuant to this Ordinance and Ordinance No. 10134.
8. AMENDMENT. This Ordinance may be amended at any time by
amendment of this Ordinance by the City Council of the City of Lubbock after the City
and Company agree on such amendment. Provided however that the City may in the
exercise of its police power, amend this Ordinance to protect the public health and safety.
The Company has the right to request such amendments to this Ordinance by the City
Council as it may desire.
9. ACCEPTANCE OF FRANCHISE. The Company shall, within thirty
(30) days from the date of final passage of this Ordinance by the City Council of the City
of Lubbock, file with the City Secretary of the City of Lubbock, a written statement
signed in its name and behalf by officers of CoxCom, Inc., doing business as Cox
Communications West Texas, all of whom hereby represent that they are duly authorized
to sign and make such an agreement, in the following form:
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"The Honorable Mayor and the City Council of the City of Lubbock:
CoxCom, Inc., doing business as Cox Cable West Texas, for itself, and its successors and
assigns, hereby accepts the attached Cable System Franchise Ordinance as finally passed
by the City Council of the City of Lubbock on the --ll.th. day of February , 19 ~,
and hereby agrees to be bound by all of its terms and provisions.
COXCOM, INC.
BY:
TITLE
DATE
I 0. RATES. Rates to be charged for Cable Service furnished within the City
of Lubbock shall be in accordance with rate regulations of the FCC and a copy of such
rates shall be placed on file with the City Secretary of the City of Lubbock, which rate
schedule shall be updated by the Company as required to reflect current rates during the
tenn of this franchise. Both parties hereto recognize and agree that the City may regulate
such rates as may be permitted by federal law dwing the tenn of this franchise. However,
such regulation shall not be commenced without reasonable written notice to the
Company of not less than sixty (60) days.
11. PUBLICATION. The full text of this Ordinance, as finally proposed to be
passed shall be published once each week for three (3) consecutive weeks in a newspaper
of general circulation published in the City of Lubbock, and the expense of such
publication shall be borne by the Company.
12. EFFECTIVE DATE. In accordance with the Charter of the City of
Lubbock, this Ordinance shall become effective 30 days from the last publication of this
ordinance, which publication was upon the day of , 19_.
13. SAVINGS CLAUSE. That should any section, paragraph, sentence,
clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any
reason, the remainder of this Ordinance shall not be affected thereby.
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AND IT IS SO ORDERED.
Passed by City Council on first reading the 28th day of January
Passed by City Council on second reading the 11th day of February
'19.JJ.
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WINDY SIT~gf\(K1AYOR
Ddord/Coxfnm
December 3, 1998
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Ordinance Ho. 10141
AGREEMENT
This Agreement is made this~ day of Januarv , 1999 by and between
the City of Lubbock, a home rule municipal corporation of the State of Texas ("City"),
and CoxCom, Inc., a Delaware corporation doing business as Cox Communications West
Texas ("Cox").
WHEREAS, the City granted a franchise to Cox to engage in the business of
constructing and operating a cable television system in the City (the "Franchise")
pursuant to a Franchise Agreement dated March 22, 1984, as amended (the "Franchise
Agreement"); and
WHEREAS, there are outstanding issues relating to payment of the franchise fee
pursuant to the definition of"gross receipts" under the Franchise and the Franchise
Agreement; and
WHEREAS, the City and Cox wish to resolve these issues in a mutually
beneficial manner;
NOW, THEREFORE, in consideration of the promises and undertakings herein,
and other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, THE PARTIES DO HEREBY AGREE AS FOLLOWS: /
1. Cox will pay the City the amount of Forty Thousand Dollars {$40,000). Such
payment will be made by Cox solely to resolve the issues and not as an admission
of any liability or wrongdoing on the part of Cox.
2. The City hereby releases, without limitation, all claims relating to any pending
audits of franchise fee payments during the term of the Franchise Agreement
insofar as the definition of"gross receipts" is concerned.
3. This Agreement shall bind and benefit the parties hereto and its respective heirs,
beneficiaries, administrators, executors, receivers, trustees, successors and
assigns.
4. This Agreement is freely and voluntarily given by each party, without any duress
or coercion, and after each party has consulted with its counsel. Each party has
carefully and completely read all of the terms and provisions of this Agreement.
5. This Agreement shall be governed in all respects by the law ofthe State of Texas.
THE PARTIES HAVE EXECUTED THIS AGREEMENT AS OF THE DATE FIRST
MENTIONED ABOVE.
City ofLubbock:
By:
Title: <::! tT ~ 1YJ .c.e v
CoxCom, Inc., dba Cox Communications West Texas:
Title:
Ddord/Coxseltle.doc
December 2, 1998
Secretary
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Limited Basic
Cox Plus
Expanded Basic
Cox Select
Premium Channel
EXHIBIT A
Schedule of Services
Cox Communications West Texas
Channel
Pay-Per-View Channel
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EXHIBITB
Schedule of Equipment I Facilities
LUBBOCK COUNTY
1. Cox will deliver cable service to the Sheriffs office, NationsBank Building and the
County Court House, along with five (5) no-charge outlets to the building. Cox will
deliver complete basic service, at no cost to the County as done with the City.
GOVERNMENT RATE
2. For Government uses of cable service and installation, or other costs connected with
the provision of cable service, grantee shall provide installation or construction at cost
plus 10 percent. For service, grantee will charge 20 percent less than the grantee
charges to any residential customer for such service. If rate is not established for such
service, grantee shall charge no more than its actual direct cost, plus 20 percent of
such cost. For the purpose of this section, governmental uses or users apply only to,
the City of Lubbock, Lubbock County, Lubbock Independent School District,
Lubbock Christian University, Wayland Baptist University, South Plains Junior
College, and Texas Tech University. In the event the Governmental use is
significantly different from residential use and the anticipated costs are significant,
grantee agrees to enter into a separate contract with such governmental entity to fully
define the contracrual. elements, but the cost formula shall be stated in this paragraph
unless both parties agree otherwise.
3. Cox will purchase studio equipment for the City in accordance with the attached lists.
(See attached list of equipment).
In addition, Cox will give $3000.00 per year after year one, for equipment and
software upgrades, for the term of the franchise. Equipment/Software needs will be
purchased in two parts over a two year period. Phase I purchases, for delivery the
quarter following the renewal of the franchise; Phase 2 purchases, for delivery in the
first quarter of the year 2000.
Cox will be responsible for buying equipment and will work with the City on
equipment needs. Cox will make the final decision on the type of equipment that is
purchased for the studio.
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EXHIBIT B
Equipment Needa/ Master Ust
1. Avid MC Express Elite System with 18GB storage with 3 MONITORS,
Cables, training, Installation WITH ADOBE AFTER EFFECTS PRODUCTIO
1A. ADD 128 MEG RAM@ $61 per SIMM {4)
18. ADD 18 GIG HARD DRIVE IN TOWE~@ $2,000 per9 gig
1C. Capability of having 314 Umatlc in Avid edit system
2. 12 channel audio mixer included in #1 .
3. Studio permanent lighting
4. Supplemental lighting, portable
5. Consulting engineer • to Install new equipment and to assure compatability o
worXing systems.
6. Edit bay tables, setup for 90 degree Avid setup
7. 9850 U-matic Record/Player (1) as backup system/video tape
library conversion
8. Sony 9850 U-matic RecordfPfayer (1) as backup system/ And video tape
library conve~ion
9. Wireless microphone system (2 microphones)
10. Mobile VTR rack VCAS 5628
11. Add-a-rack system with 4 pull out shelves
12. 8 VHS recorde~ with stack cabinet
13. Event controllerfswitcher (PC based system)
14. Expansion/construction of TV studio
15. Satellite dish upgrade
16. VHS edit bay system
17. Shotgun microphone (2) (may come with cameras)
18. Tripods/dollies (2) studio setup ITE·T40
19. 8 Power Supplies (3)
20. Council Chambers lighting
21 . 8 six·ince monitors & installation-Council Chambers
22. Videonics TM 2000 video ti~emaker
23. Robotic Camera system with 8 camera (2 fixed)
24. Buss Terminal Box for Robotics
25. 8 buss switcher
26. Betacam lNW 100k cameras (2) $15,000 each
27. lJVN1800 video recorde~ (2)
28. lJVN1600 video playe~ (2)
29. Teleprompter
30. F1eld Unit tripods (2)
31. Editing/dubbing monitor (1)
32. Two 9-inch color preview and on-air monitors
33. Three 5-inch black and white camera monitors
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EXHIBIT B
Equipment Needs I Phase One
1. Avid MC Express Elite System with 18 GB storage with 3 MONITORS,
Cables, training, installation WITH ADOBE AFTER EFFECTS PRODUCTIONS
1A. ADD 128 MEG RAM @ $61 per SIMM (4)
1 B. ADD 18 GIG HARD DRIVE IN TO\NER @ $2,000 per 9 gig
1C. Capability of having 3/4 Umatic in Avid edit system
2. 12 channel audio mixer included in #1 .
5. Consulting engineer -to install new equipment and to assure compatability of all
working systems.
6. Edit bay tables, setup for 90 degree Avid setup
7. Sony 9850 U-matic Record!Piayer (1) as backup system/video tape
library conversion
8. 9850 U-matic Record/Player (1) as backup system/ And video tape
library conversion
10. Mobile VTR rack VCAS 5628
11. Add-a-rack system with 4 pull out shelves
12. 8 VHS recorders with stack cabinet
13. Event controller/switcher (PC based system)
15. Satellite dish upgrade
16. VHS edit bay system
26. One Betacam UVW 1 OOk camera
27. UVW 1800 video recorders (2)
28. UVW 1600 video players (2)
30. Field Unit tripods (2)
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AGREEMENT
This Agreement is made this 271h day of August, 2003, by and between the City
of Lubbock, a home rule municipal corporation of the State of Texas ("City"), and
Cox Com, Inc., a Delaware corporation doing business as Cox Communications West
Texas ("Cox").
WHEREAS, the City granted a franchise to Cox to engage in the business of
constructing and operating a cable television system in the City (the "Franchise")
pursuant to a Franchise Agreement, as amended February 21, 1999 (the "Franchise
Agreement"); and
WHEREAS, there are outstanding issues relating to the payment of franchise
fees pursuant to the timing of the franchise fee percentage increase resulting from
legislation passed in February, 1999.
WHEREAS, the City and Cox wish to resolve these issues in a mutually
beneficial manner: NOW THEREFORE
In consideration of the promises and undertakings herein, and other good and
valuable consideration, the receipt and adequacy of which is hereby acknowledged,
THE PARTIES DO HEREBY AGREE AS FOLLOWS:
1. Cox will pay the City the amount of Fifty Thousand Dollars ($50,000.00)
payable in five (5) annual payments of $10,000.00 each on or about January
15, conunencing in 2004. Such payment will be made by Cox solely to
resolve the issues and not .as an admission of any liability or wrongdoing on
the part of Cox.
2. The City hereby releases, without limitation, all claims related to the Audit
of Gross Revenue Franchise Fees for the period of 111198 to 12/31100.
3. This Agreement shall bind and benefit the parties hereto and their respective
heirs, beneficiaries, administrators, executors, receivers , trustees, successors
and assigns.
4. This Agreement is freely and voluntarily given by each party, without duress
or coercion, and after each party has consulted with its counsel. Each party
has carefully and completely read all the tenns and provisions of this
Agreement.
5. This Agreement shall be governed in all respects by the laws of the State of
Texas.
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THE PARTIES HAVE EXECUTED THIS AGREEMENT AS OF THE DATE FIRST
MENTIONED ABOVE.
ATTEST:
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Reb cca Garza, C1ty Secretary
COXCOM, INC.,
dba Cox Communications West Texas
Anim/Cox.Agreemcnt
August 27, 2003
CITY OF LUBBOCK
r{o..'\\-,Q.V..:__ C.~i ) %c.£! ~w.~ "' c..~ )«W,.~
Vice President ef 8:asi:aess OfJefa:tiem
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EQuipment Nltds I Phase 2
3. Studio permanent lighting
4. Supplemental lighting, portable
9. Wireless microphone system (2 microphones)
14. Expansion/construction of TV studio
EXHIBIT B
17. Shotgun mia'ophone (2) (mav. come with cameras)
18. Tripodsldolrles (2) studio setup ITE-T40
19. 8 Power Supplies (3)
20. Council Chambers lighting
21. 8 six-ince monitors & installation-Council Chambers
22. Videonics TM 2000 video titlemaker
23. Robotic Camera system with 8 camera (2 fixed)
24. Buss Terminal Box for Robotics
25. 8 buss switcher
26. One Betac:am U'Wt/1 OOk camera
29. Teleprompter
31 . Editing/dubbing monitor (1)
32. Two 9-lnch color preview and on-air monitors
33. Three 5-inch black and white camera monitors
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