HomeMy WebLinkAboutOrdinance - 4627-1965 - LBK Television Cable Co. - 02/11/1965I
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--= ":--,AMI~ED·BY ORDINANCE NO. 5917 .. -OZ-l -rq . . )RDINANCE NO. 4627 --::-=:--"'_.,;:oo.---:~--L-
• CABLE 0 2 --\ t~N ORDINANCE GRANTING THE LUBBOCK TELEVISION/CO.~ IN,:C. OF
, ~~BBOCK~ TEXAS1 THE RIGHT 1 PRIVILEGE~ AND FRANCHISE TO CONDUCT
WJ'rHIN \fHE CITY OF LUBBOCK~ TEXAS~ A CABLE SIGNAL DISTRIBUTION
SYSTEM "AND BUSINESS FOR THE DISTRIBUTION OF AUDIO, VIDEO, AND
RADIO SIGNALS AND TO ENTER UPON1 ERECT~ CONSTRUCT~ MAINTAIN,
AND EXTEND, REPAIR~ REPLACE AND REMOVE IN, UNDER1 UPON, WITHIN~
OVER, ABOVE1 ACROSS AND ALONG ANY AND ALL OF THE PRESENT AND
FUTURE PUBLIC ROADS. HIGHWAYS1 STREETS~ LANES AND ALLEYS OF
THE CITY OF LUBBOCK A SYSTEM OF POLE LINES, POLES, FACILITIES AND
APPURTENANCES NECESSARY OR PROPER FOR THE RECEIVING~ ORIGINATI G,
RELAYING AND DISTRIBUTING AUDIO AND VIDEO SIGNALS AND AUDIO AND
TELEVISION ENERGY TO SUBSCRIBERS LOCATED IN AND ABOUT THE CITY
OF LUBBOCK, TEXAS, AS NOW E XISTING, OR AS SAID CITY LIMITS MAY
HEREINAFTER BE EXTENDED; PROVIDING THAT THIS FRANCHISE SHALL BE
EFFECTIVE FOR A PERIOD OF TWENTY (20} YEARS COMMENCING UPON AND
EXTENDING FROM THE EFFECTIVE DATE OF THIS ORDINANCE AFTER F INA
PASSAGE AND PUBLICATION HEREOF; PROVIDING FOR THE CONSTRUCTION
AND LOCATION OF CERTAIN EQUIPMENT; PROVIDING AND SETTING CONDI ....
TIONS ON STREET OCCUPANCY WITH RESPECT TO USE, RESTORATION,
RELOCATION, PLACEMENT OF FIXTURES, TEMPORARY REMOVAL OF WIRE ,
BUILDING MOVING, AND TREE TRIMMING; PROHIBITIWG ANY PREFERENTIA
OR DISCRIMINATORY PRACTICES; PROVIDING FOR THE TYPE OF SERVICE T
BE RENDERED; PROVIDING FOR COMPENSATION TO THE CITY AND METHOD
OF PAYMENT FOR THE USE BY COMPANY OF THE STREETS, ALLEYS AND
PUBLIC WAYS OF THE CITY; PROVIDING FOR FORFEIT'J'RE IN THE EVENT 0
FAILURE TO COMPLY WITH CERTAIN PROVISIONS OF THE FRANCHISE;
PROVIDING FOR LIABILITY INSURANCE; PROVIDING FOR THE MAINTENANCE
OF RECORDS BY THE COMPANY WITH THE RIGHT OF INSPECTION BY THE
CITY; PROHIBITING ASSIGNMENT EXCEPT UPON APPROVAL OF THE CITY
COUNCIL; PROinDING FOR THE PUBLICATION OF THIS FRANCHISE AND
ORDINANCE AND ITS ACCEPTANCE BY COMPANY.
WHEREAS, LUBBOCK TELEVISION CABLE CO., INC., a Texas business
corporation, has made application for a franchise to use the public streets, high ..
ways, alleys, and public ways for the purpose of distributing audio and video
signals and audio and television energy by cable to television sets to customers
in the City of Lubbock, Texas~ who desire such service, and it is the opinion of
the City Council that the granting of said franchise under the terms and conditions
hereinafter set forth would be advantageous to the citizens of the City of Lubbock;
NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. GRANTING CLAUSE. Subject to the subsequent sections of
this ordinance, LUBBOCK TELEVISION CABLE C9., INC., a Texas business
corporation with its principal office located in thetfCity of Lubbock, Lubbock
County, Texas~ hereinafter referred to as "Company"~ is hereby granted the
right, privilege and franchise to own, operate and maintain a city ... wide cable
signal distribution system for the distribution of audio, video and radio signals
and in connection therewith to use and conduct its operations in, over, under and
--~~ .. ~=~==~~-=========================-=----=-==============~=
. ' ~cross the present and future streets, highways, alleys, and public ways of the
,City of Lubbock, hereinafter referred to as "City", to the extent ~hat such use
, will not interfere with the public-'s use or the Cityts use, and to the extent that
the City may lawfully permit the use of the above described properties for the
purposes enumerated.
SECTION 2. DEFINITIONS. For the purpose of this franchise the following
terms, phrases, words., and their derivations shall have the meaning given herein
When not inconsistent with the context, words used in the present tense include
the future; words in the plural number include the singular number; and words in
the singular number include the plural number. The word "shall" is always
mandatory and not merely directory.
( 1) 11City" is the City of Lubbock, a municipal corporation located in the
County of Lubbock, State of Texas.
(2) "Company" is the grantee of rights under this franchise.
(3} "Council" is the Governing Body of the City of Lubbock.
(4) "Personu is any person, firm, partnership, association, corporation
company or organization of any kind.
(5} "Contract Year" is a period of one year., the first day of which is the
date of the month when this franchise was executed by City.
(6) "Gross Receipts11 shall be all income derived from connection
charges, monthly service charges., advertising income, and all
other customer services.
SECTION 3. PURPOSE OF GRANTING FRANCHISE ..
( 1) That the Company shall use the rights and privileges granted under
this Ordinance for the sole purpose of receiving, originating, relaying, and
distributing audio and video signals and audio and television energy to its subscrib rs
located in and about the City of Lubbock, Texas.
(2). Equipment and Operation. In order to provide adequate civil defense
and disaster service information, Company hereby agrees to install a system with
the capability, equipment, facilities and personnel necessary to immediately
interrupt signals being distributed on any one channel or on all channels at once,
and to transmit such civil defense and disaster service information in the place
of the signal or program interrupted; and further agrees to:
(a) Distribute all telecasts originating in Lubbock County.
(b) Distribute weather and time information services and music.
Company shall at all times maintain a sufficiently competent staff to
adequately service all of its equipment in use during all hours of telecast distribut· n.
SECTION 4. TERM OF FRANCHISE; NOT EXCLUSIVE.
The franchise rights, privileges and powers herein granted shall be in
force and effect thirty (30) days from the last publication of this Ordinance as
hereinafter provided in Section 13, hereof, and continue in effect for a term of
twenty (20} years from such dateprovided, however .. that at the end of the first
five year pez:iod of this term and at the end of each successive five year period
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thereafter, the City reserves the right to amend Sections 3., 5, 6, 7, 8, 10, 11,
12, and 13 of this Ordinance, by written notice., served not less than ninety (90)
·days prior to the end of each fiv:e year period by notifying the Company of its
intention to amend any of the above mentioned Sections. This franchise shall not
be deemed exclusive; however, in the event the City should grant a franchise or
franchises to any other person., firm or organization, such franchise or franchise
shall be upon the same terms and conditions as herein stated to the end that the
Company shall have the same rights, privileges, duties and obligations granted o
imposed upon any other person, firm or organization operating under a like
franchise, or other contract with the City in connection therewith.
SECTION 5. CONSTRUCTION AND LOCATION OF EQUIPMENT.
The Company shall have· the right and privilege to lay lines, wires,
cables., conduits and other necessary electronic signal devices, for the purpose
of receiving, originating, relaying and distributing audio and video signals and
audio and television energy of any nature whatsoever in, over, under and across
present and future streets, highways, alleys, and public ways of the City.
Provided, however, said Company shall utilize to the extent practical the
communication zones of the existing utility pole installations of Lubbock Power
and Light Department and Southwestern Public Service Company through agree-
ment with the City of Lubbock and such utility company, provided a reasonable
and practical agreement can be reached. In no event shall the Company have the
right or privilege to erect poles in the corporate limits of the City of Lubbock
without prior express consent of the City Council. Any poles erected by the
Company shall be of sound material., reasonably straight, and shall be so set that
they will not interfere with the flow of water in any gutter or drain and so that
they will not interfere with ordinary travel upon any street, alley, highway,
bridge, public way or other public place. The location and route of all poles,
studs; guys, anchors., conduits, cables or other electronic signal equipment to be
placed or constructed by the Company in the City of Lubbock shall be approved in
writing, in advance, by the Director of Public Works of the City and shall confor
to the National Electrical Safety Code. The City hereby retains all of its power
and control for regulation of its streets, highways., alleys, bridges, public ways
and other public places granted or which may hereafter be granted to it under the
Constitution of the State of Texas, the Home Rule Statutes, and its Charter.
City assumes no responsibility for securing any franchises, rights of
way1 permits or easements which the City does not already own, making and
maintaining of such attachments, or permission to make such attachments to the
poles of others, but Company assumes the duty and responsibility of securing the
same. The permission granted herein is likewise subject to laws, ordinances an
regulations now in force or which may hereafter be enacted or promulgated by an
governmental body or agency having jurisdiction. City shall in no way be respons ble
for the construction, operation, maintenance, performance, or any other activity
of Company or its system or any part thereof. ·
No overhead construction of television cables will be permitted in areas
where electric and telephone service is now existing or required to be undergroun ,
and the Company may not use Cityrs underground electric conduit.
Company agrees to take any necessary precautions~ by the installation of
·protective equipment or otherwise, to protect all persons and property against
·injury or damage that may result from Companyts installations or operations.
If, in the Cityts opinion, Company has not taken such necessary precautions, with
in a reasonable time after City has so notified Company, City shall have the right
by written notice to Company to terminate this franchise as hereafter provided in
Section 11. However, City shall not be considered in any way responsible for
the adequacy or inadequacy of such precautions of Company.
SECTION 6. CONDITIONS ON STREET OCCUPANCY.
(1) Use. All transmission and distribution structures, lines and equip ...
ment erected by the Company within the City shall be so located as to cause mini.,.
mun interference with the proper use of streets, alleys and other public ways and
places, and to cause minimum interference with the rights or reasonable convenie ce
of property owners who adjoin any of said streets, alleys or public ways and plac
(2) Restoration. In case of any disturbance of pavement, sidewalk, dri
way or other surfacing, the Company shall, as its own cost and expense and in a
manner approved by the City Manager, replace and restore all paving, sidewalk,
driveway, or surface of any street or alley disturbed or cause same to be restore
in as good condition as before said work was commenced, and shall maintain the
restoration in such condition, reasonable wear and tear and acts of God only
excepted, for a period of one ( 1) year.
(3) Relocation. In the event that at any time during the period of this
franchise the City shall elect to alter or change the grade of any street, alley or
public way, or change the method or manner of use of any property or prop~rty
right owned or contracted by City, then Company, upon reasonable notice by the
City Manager, shall remove, relay and relocate its poles, wires, cables, under-
ground conduits, manholes and other appurtenant fixtures at its own expense.
(4) Placement of Fixtures. The Company shall not place poles or other
fixtures where the same will interfere with any gas, electric or telephone fixture,
water hydrant or main, drainage facility or sanitary sewer, and all such poles or
other fixtures shall be placed as directed by City as provided in Section 5 and in
such manner as not to interfere with the usual travel or use of streets, alleys,
public ways or other properties.
(5) Temporary Removal of Wire for Building Moving. Company, on
written reasonable request of any responsible person, firm, corporation or
governmental authority, shall relocate, raise or lower its wires, where located
on, in or over the streets .. alleys and other public ways of City, temporarily to
permit construction work in the vicinity thereof, or to permit the moving of
houses or other bulky structures. The reasonable and actual expense of such
temporary relocation,. raising or lowering of such wires shall be paid by the
benefited party or parties~ and the Company may require the payment in advance,.
being without obligation to remove, raise or lower its wires until such payment
shall be made, provided, however, that no such payment shall be required of
the City. The Company shall be given not less than seventy ... two (72) hours prior
written notice to arrange for such temporary wire .changes.
(6) Tree ·Trimming. The Company shall have the authority to trim trees
. upon and overhanging streets,. alleys .. sidewalks and public places of the City so a
to prevent the branches of such trees from coming in contact with the wire and
cables of the Company, all such trimming to be done under the supervision and
direction of the City Manager and at the expense of the Company.
SECTION 7. PREFERENTIAL OR DISCRIMINATORY PRACTICES PROHIB1 T'E:
The Company 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 this franchise shall be deemed to prohibit the establishment of a
graduated scale of charges and classified rate schedules to which any customer
coming within such classification would be entitled.
It is agreed and understood that so long as there are two (2) commercial
television signals available to the citizens of Lubbock free and off the air, the
Company shall have the right to determine and fix charges for its services
provided. In the event there is at any time during the term of this franchise less
than two (2) commercial,. free# off the air signals telecast within Lubbock County
the City reserves the right to determine and fix charges and fares thirty (30) days
after written notice to the Company. In the event the City of Lubbock should fix su< h
rates and charges, said rates and charges shall be such as to allow the Company c
SECTION 8. TYPE OF SERVICE. reasonable return on their investment.
The Company agrees to furnish prompt and reasonable service to any
person, firm or corporation in any area within the City and shall extend its cable
and facilities without additional charge not to exceed a distance of 330 feet per
customer where necessary to supply such customer upon written order therefor.
The Company shall maintain all of its equipment in a good state of repair at all
times, except and unless its operations be disrupted by fire, strike, riot or other
occurrences beyond its control, or by an act of God,. in which case the Company
shall restore normal service within a reasonable time thereafter. The Company
shall permit the City .. its agents or employees .. to make an inspection of its facilit es
at any reasonable time and on as many occasions as the City may deem necessaiJ
for its supervision. Notwithstanding any other provision hereof.. Company will
furnish one free connection at fhe property line to each fire station.. police station
each park and recreational facility, and each public school.. on written request of
the City .. provided that such does not require the extension of Companyts system.
SECTION 9. COMPENSATION TO CITY.
That in order to compensate the City for its superintendence of this
franchise and as the cash consideration for the use of Cityts streets, alleys, and
other public ways the Company agrees to pay to the City annually during the
continuance of this franchise the following:
A sum equal to 2% of its annual gross receipts derived from
charges received from its customers on operations within
the City for the first two (2) years of this franchise and 2 1 I 4o/o,
2 l/2o/o, and 2 3/4% of such annual grpss receipts for the 3rd ..
4th~ and 5th years, respectively, of this franchise and each
year thereafter for the remainder of the term of this
franchise 3% of its annual gross receipts.
The first payment shall be made twelve ( 12) months from date in the
office of the Chief Accounting Officer of the City and succeeding payments shall
be made annually thereafter during the term of this franchise. In connection
herewith, the remittance of the Company shall be accompanied by a statement,
certified by a certified public accountant, of its annual gross receipts. The
Company agrees that it will permit its records, b ooks and files including, but
not limited t~ the Companyrs plans, contracts and engineering, accounting,
financial statistical, customer and service records relating to the property and
the operation of the Company and all other records required 1o be kept hereunder,
to be inspected and verified at any reasonable time by the City or its duly designat d
agent. The Company shall maintain an office in the City and an authorized agent,
and shall keep the City Secretary of the City notified at all times of the address
of the office and the name of said agent.
SECTION 10. LIABILITY INSURANCE REQUIREMENTS.
The Company agrees that it will indemnify and hold harmless the City
from any and all claims., suits, bodily injuries or property damages of any kind
or description in any wise connected with or related to or arising from Company1s
operations and activities. Company shall procure and furnish and file with City
Secretary a public liability insurance policy approved by the City Attorney in ...
suring its hold harmless agreement in not less than the amounts of Three Hundred
Thousand Dollars ($300, 000. 00) per person; Five Hundred Thousand Dollars
($500, 000. 00) for personal injury in any one single accident; and One Hundred
Thousand Dollars ($100, 000. 00) property damage for any one single accident. A
copy of said insurance policy shall be filed with the City Secretary of the City,
and a statement that said insurance is in full force and effect shall be maintained
currently with the City Secretary.
SECTION 11. FORFEITURE PROVISION.
It is the intent that the Company shall begin and continue installation of
the system and the distribution of signals as prescribed in its proposal dated July
29, 1964 on file in the office of the City Secretary, to which reference is hereby
made and incorporated herein as though fully copied herein, but in event of confl.ic
with terms of this franchise the terms hereof shall prevail. This franchise may
be terminated if the Company fails to begin, or continue or exercise diligence in
expanding the system after initial commencement, or if Company should fail or
cease to furnish the herein.,.described services. If Company shoUld fail to comply
with any of the provisions of this franchise or default in any of its obligations
hereunder and shall fail within thirty (30) days after written notice from City
Manager to the local agent of Company by certified mail to correct such default,
non-compliance or breach, and if said default is not removed or corrected within
thirty (30) days after mailing of notice, City may, at its option, forthwith termina e
in whole or in part, Company1s rights hereunder, and require Company to remove
all of Companyts equipment installed in all of the locations which this franchise
enumerates. Provided, however, the Company shall be entitled to a hearing
before the Council of the City, or any successive body of the same interest, provi ed
it files a notice of appeal with the City Secretary prior to the expiration of thirty
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(30} days after notice has been mailed as above provided. In the event such an
appeal is filed, this franchise ordinance may not be declared forfeited until a
·decision by the Council upon said appeal has been made and publicly announced.
All further rights of appeal to a· court of competent jurisdiction shall be reserved
to said Company. In case of a forfeiture, or in case said Company shall cease
business for any reason, the Company shall remove all its facilities and equipme •
wires, cables,. lines, conduits and other electronic signal devices and any
appurtenances or attachments, poles and other facilities,. immediately forthwith,
at its expense, and under the supervision of the Director of Public Works of the
City.
SECTION 12. ASSIGNMENT OF INTEREST.
The Company shall not assign its rights and privileges under this
franchise ordinance or issue additional stock to any person other than present
stockholders except on the written approval of the Council of the City expressed
by Ordinance at any time prior to installation of its system and distribution of
television signals as herein prescribed; and provided its successor shall be
bound by all the terms and provisions of this franchise ordinance. Provided,
however, the Company may mortgage or pledge its rights hereunder for security
or obligations owing by the Company; and provided further, that a transfer may
thereafter be made in a merger, consolidation or re ... organization proceeding to
which the Company is a party or to a subsidiary corporation or affiliate corporati
of the Company subject to approval of Council of the City.
SECTION 13. RULES AND REGULATIONS OF F. C. C. TO CONTROL
OPERATIONS.
Company shall at all times operate in accordance with the Rules and
Regulations of the Federal Communications Commission. In the event there
should be a conflict between any of the provisions of this franchise and the Rules
and Regulations of the Federal Communications Commission, then the Rules and
Regulations of the Federal Communications Commission shall control.
SECTION 14. PROVIDING FOR ACCEPTANCE BY COMPANY.
Company shall, within thirty (30) days from the date of the final passage
of this Ordinance by the City Council of the City of Lubbock, file with the City
Secretary of Lubbock a written statement signed in its name and behalf by an
officer of the Company duly authorized by its Board of Directors in the following
form:
"The Honorable Mayor and the City Council of the
City of Lubbock:
11Lubbock Television Cable Co. , Inc. , for itself,
its successors and assigns, hereby accepts the
attached Ordinance finally passed by the City Council
of Lubbock, the day of ,
19 __ , and agrees to be bound by all of its terms and
provisions.
By:
"Dated the _day of -------_,--19':'"6~-. ""11 -(~0==-f~f==-i-c-e~) -----
The full text of this Ordinance shall.J after final passage by the City
Council of the City of Lubbock, be published once each week for three (3)
consecutive weeks in a newspaper of general circulation published in the City
of Lubbock.J and the expense of such publication shall be borne by Company •.
Upon said publication being completed and the acceptance of this Ordinance by
Company as herein provided.J this Ordinance shall take effect thirty (30) days
after its last publication.
AND IT IS SO ORDERED.
Passed by the Council on first reading this 11th day of _..,.!oF~e~b:b.r~uaiiL.irr..ly'-----.J 19 6 5.
Passed by the Council on second reading this 25th day of February ~ 1965.
ATTEST:
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