HomeMy WebLinkAboutOrdinance - 8834-1985 - Ordinance Granting To Cablevision Of Texas, Limited Partnership - 09/26/1985/ II
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First Reading
September 26, 1985
Agenda Item #30
Second Reading
October 24, 1985
Agenda Item #9
ORDINANCE NO. 8834
AN ORDINANCE GRANTING TO CABLEVISION OF TEXAS, LIMITED PARTNERSHIP,
THE RIGHT, PRIVILEGE AND FRANCHISE TO CONDUCT WITHIN THE BOUNDARIES OF THE
CITY OF LUBBOCK A CABLE TELEVISION BUSINESS; AND PROVIDING THEREIN FOR
DEFINITIONS; SERVICES, EQUIPMENT AND FACILITIES; A TERM; FRANCHISE FEES;
INSURANCE; OTHER DUTIES; AMENDMENT; ACCEPTANCE OF FRANCHISE; RATES;
AMENDING ORDINANCE 8554; PUBLICATION; AN EFFECTIVE DATE; AND A SAVINGS
CLAUSE.
WHEREAS, the City of Lubbock, a home rule municipal corporation of the
State of Texas, has authority to grant non-exclusive franchises under
applicable state law and constitutional provisions pursuant to its author-
ity 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 franchisee, hereinafter called "Company" commitments
hereunder are, in fact, given by the Company in consideration of the grant
of authority hereunder to make use of said public streets, alleys, and
rights-of-way; and
WHEREAS, the City Council, based upon the findings that the Company is
an existing Cable System located in an area annexed into the territorial
limits of the City after the effective date of Ordinance No. 8554, finds it
to be in the public interest to enter into a non-exclusive franchise with
the Company upon the terms and conditions hereinafter set forth; NOW
THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. GRANT OF AUTHORITY Subject to the terms, conditions, and
provisions of this Ordinance and of the City of Lubbock Ordinance No. 8554,
which ordinance is hereby incorporated herein by reference, the City of
Lubbock does hereby grant unto Cablevision of Texas, Limited Partnership,
a corporation incorporated under the laws of Texas 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 television business with
the right to enter upon and erect, construct, maintain, extend, repair,
replace, and remove in, under, 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 television business,
to the extent that the City is authorized to grant such right.
SECTION 2. DEFINITIONS. All definitions shall be the same as, and in
accord with, definitions defined in Ordinance No. 8554, as amended, of the City of Lubbock.
SECTION 3. SERVICES, EQUIPMENT AND fACILITIES. The Company shall provide
the programming services specified in Ordinance No. 8554, as amended.
SECTION 4. TERM. The term of this agreement shall be for fifteen (15)
years from the effective date of this franchise ordinance.
SECTION 5. fRANCHISE fEE. The Company hereby agrees that it will ini-
tially pay s franchise fee of three percent (3%) of its gross revenues, as
that term is defined in Ordinance No. 8554, as amended, from its cable
television business within the corporate limits of the City of Lubbock and
that such franchise fee may be increased to five percent (5%) at such time
as the City of Lubbock may determine.
SECTION 6. INSURANCE. The Company shall provide liability insurance under
the terms and in the amounts specified by Ordinance No. 8554, as amended,
and by the City Manager or his designee.
SECTION 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. 8554, as amended.
SECTION B. AMENDMENT. This franchise ordinance may be amended at any time
by amendment of this ordinance by the City Council of the City·of Lubbock
and the Company has the right to request such amendment by the City Council
as they may desire.
SECTION 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 on behalf of its
officers, all of whom hereby represent that they are duly authorized to
sign and make such an agreement, in the following form:
"The Honorable Mayor and the City Council of the City of Lubbock:
CABLEVISION OF TEXAS
----~~~~~' for themselves, their successors and assigns, hereby
accepts the attached Cable Television franchise Ordinance as finally
passed by the City Council of the City of Lubbock on the (blank)day of
(blank) , 19(blan~}and hereby agrees to be bound by all of
its terms and provisions.
COMPANY: CABLEVISION OF TEXAS
BY :---l(r-~o~B..,Ja~n~o~~ok-J-) ------
DATE (Blank) TITLE"(Blank)
-2-
SECTION 10. RATES. Rates to be charged for cable television service
furnished within the City of Lubbock shall be filed in accordance with
Ordinance No. 8554, as amended.
SECTION 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.
SECTION 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 {blank) day
of (blank) · , 198.J..blank).
SECTION 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.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 26th day of September,
1985.
Passed by the City Council on second reading this 24·th day of October. ,
1985.
ATTEST:
APPROVED AS TO CONTENT:
Rita Harmon, Assistant City Manager
APPROVED AS TO fORM:
-3-
COMPANIES AFFORDING COVERAGES
Floyd County Ins. Agency, Inc.
PO BOX 68
Lockney, Texas 79241 ,
Cablevision of Texas, Limited Partnership
110 N. Main Street
Lockney, Texas 79241
COMPANY A LETTER
COMPANY B LETTER
COMPANY c LETTER
COMPANY D
LETTER
hiM' been issued to the insured are
A
A
GENERAL LIABILITY
[ID COMPREtfENSIVE FORM
00 PREMISb-OPERATIONS D EXPLOSION AND COLLAPSE
HAZARD D UNOERGAOUND ,HAZARD a PRODUCTS/COMPLETED OPERATIONS HAZARD
CONTRACrUAl INSURANCE [il~=R~~.' [i] INDEPENOtNT CONTRACTORS
D PERSONAL INJURY
AUTOMOBILE LIABILITY
liJ COMPREHENS-IVE FORM
fKJ OWNED
fil HIRED
IXJ NON-OWNED
IWORKE~RS'pOMPENSATION
iilnd ~ EMPLOYERS' LIABILITY
OTHER
whi~ this certificate may be Issued or may pertain1 the Insurance_ .
POLICY NUMBER
GLA 11 26 06
GLA 11 26 06
COL 87 61 73
POLICY EXPIRATION DATE
2-24-85
to
2-24-86
2-24-85
to
2-24-86
7-16-85
to
2-24-86
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES • !
BOD'IL Y INJURY
PROPERTY DAMAGE
BODILY INJURY AND
PROPERTY DAMAGE
COMBINED
s 1,000
100-
Cancellation: ·Should any of the abov~ described polides be cancelled before the expiration date thereof, the issuing com~
i>ai"!Y wUI-endeavpr t1> mail gQ__ days written notice to the below iramed certificate holder. but failure to
mall sueh notice $hall impose no obligation or liability of any kind upon the company.
I
City of· LUbbock
PO BOX 2000 1
Lubbock~; tt'exas 1 79457
'• ~ - - : --' ' . .. ; { -: - --: J i : .f\T'l'N: · R:t.~a .Harmon~ Asst. City Mqr. ·fi .•. !!! . I I I i
,J . ·'. ' t . .
Cablevision of Texas, Limited Partnership Page 1 of 3
Response to City of Lubbock Cable televsion franchise
application procedure as shown in Ordinance No. 8554
Section 3 -Application for Franchise
A. 1. Name, address, and telephone number of the applicant
Cablevision of Texas, Limited Partnership
3301 Sailmaker Lane
Plano, Texas 75023
Telephone # 214-867-5563
2. A detailed description of the corporate or business
entity organization of the applicant.(Response to Section 3
A.(2)a,b,c&d).
Cablevision of Texas, Limited Partnership is owned 50% by
South Plains Cablevision, Inc. and 50% by limited
partners.
South Plains Cablevision, Inc. is the general partner and
is owned by James E. Doucette (see biography attached).
The limited partners each own 12.5% of the limited
partnership, the limited partners are:
Peter A. Sokoloff
11046 East Crestline Circle
Englewood, Colorado 80111
John P. Crowley
2367 South Xanadu Way #303
Aurora, Colorado 80014
Andrew Eisman
7913 South Olive Court
Englewood, Colorado 80112
Robert L. Brown
14 Viking Drive
Englewood, Colorado 80110
A detailed and complete financial statement of the
applicant(response to Section 3-A.(2)e).
Cablevision of Texas, Limited Partnership, is newly formed
and does not have a financial statement. The funds required
to construct and operate the system in Lubbock is included
--------------------··'----------~-~-·
....
\ . .
City of Lubbock
Page 2 of 3
in the financing package (attached as exhibit A) for the
acquisition of the system now serving the Woodrow area.
Attached as exhibit B is a copy of the bank commitment
letter relative to that financing.
A detailed financial plan(response to Section 3-A(2)f.
See exhibit A attached.
A statement identifying, by place and date, any other cable
communications system franchise awarded to the applicant.
Name of Community
Anton, Texas
Buffalo Springs Lake, Texas
Lockney, Texas
Lorenzo, Texas
Petersburg, Texas
Date Awarded
August, 1985
August, 1985
August, 1985
August, 1985
August, 1985
Status
Complete
Complete
Complete
Complete
Complete
The franchises listed above will be acquired effective
August 30, 1985.
3. A detailed description of the proposed plan of
operation.
a. A detailed map indicating all areas currently served
(see exhibit C).
b. A detailed map indicating all areas proposed to be
served during the franchise period (see exhibit C).
c. A statement or schedule of rates:
Monthly Service(excluding tax)
Basic Service $12.50
Optional Tier 4.50
Premium Service 10.00
Additional Outlets 2.00
Converter:
Set Top
Remote
Other Charges
Installation:
First Set
Add'l Outlets
Reconnect
Move
2.00
4.00
35.00
15.00
10.00
10.00
d. A description of the equipment and operational
standards.
,. . ., ' . . . . .
City of Lubbock Page 3 of 3
The cable system has been constructed with 3/4" trunk
and 1/2" feeder cable. Magnavox electronics were used
throughout the system and are spaced to provide forty
channels of television. The operating standards of the
system meet or exceed Title 47, subpart K (Section et seq,),
of the rules and regulations of the Federal Communications
Commission.
e. A copy of the form of any agreement, undertaking, or
other instrument proposed to be entered into between the
applicant and any subscriber.
None
4. A copy of any agreement for use of facilities of the
public utility.
Note: This agreement will be transferred to Cablevision of
Texas, Limited Partnership, after closing the purchase of
Mid-Way Cable Corp. Closing will occur on August 30, 1985; a
copy of the agreement will be forwarded at that time.
5.Any other details, statements, etc.
Cablevision of Texas, Limited Partnership, proposes to serve
all areas contiguous to its cable plant so long as it does
not conflict with the plans of the current franchise holder.
As part of this application, we request permission to serve
all areas from 82nd Street south to the County line between
the Tahoka Highway and Slide Road.
1\ ''< ': '>' • 9' ~ ~ " Y ,r:; 1 ~ ,~ w • • " ,.: • ~ c..,. I \ ~ ( ' ' ~ f • 4 ~: ,. ' ~ ;' • • • ~~' , < 6 ,: ~· 't ,. \ Jc.' : ~---' 'F • '\ .' 1 "• ,_ ~ ":.'/ ~1; " • 1 " .,_ • , '" • • . ~ · . : · · · Certificate of lns·urance · · · ·· ·: · · ··· . -\·. ~ • THIS CERTifiCATE IS ISSUED, AS " MATTtR Of INFORMATION' ONLY AND CONFERS NO RIGHTS UPON THE CERTifiCATE HOLDER. ' ·' ;~ THIS CERTifiCATE DOES NO~ AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. ~:
~A~ AND ~DORESS OF AGE~CY
Floyd County Ins. Agency, Inc.
PO BOX 68
Lockney, Texas 79241
>;At.1E AND ADDRESS OF IN~ UI>ED
Cablevision of Texas, Limited Partnership
110 N. Main Street
Lockney, Texas 79241
COMPANY PQL>C'I NUMBER LETTER rv PE OF •NSURANCE
GENERAL LIABILITY
A 00 COMPREHENSIVE FORM GLA 11 26 06 00 PREMISES-OPERATIONS 0 EXPLOSION AND COLLAPSE
HAZARD 0 UNDERGROU~D HAZARD g PRODUCTS.COMPLETEO
OPE:RATIC!IIS ,..AlARD
CONTRACTUAL INSv"'A~£
liJs~"c~ [iJ INDEPENDENT CQNTRAC'ORS 0 PERSONAL ·~JURY
AUTOMOBILE LIABILITY
A ~IX] COMPREHE'<S•IIE
'IX] OWNE9
c.;RM GLA 11 26 06
, IX] ><<RED
i IX] NON-OWNEC
i
A ~ UMBRELI.A "01'1'-" COL 87 61 73
i 0 QT>i[l'! THA"; VMBREi.L.A
~OR!\11
WORKERS' COMPENSAT
and 407 99 78 53
i EMPLOYERS' LIABILITY
OTHER
COMPANIES AFFORDING COVERAGES
COMPAN' cF'"EI> A
B
•:CMPANV E LETTER
PCc CY
Plains
States F
£(P!RATH)N DATE
BODIL V INJURY
2-24-85
to PROPERTY DAMAGE
2-24-86
BDDIL v INJURY A.ND
PROPERTY DAMAGE
COMBINED
s
PERSONAL INJl.,;RV
SO OIL¥ INJURY
,E~!-4 PERSON!
2-24-85
to
2-24-86
7-16-85 BOOILr <NJUI'!Y AND
"llOPERTV DAMAGE to COMBINED 2-24-86
8-28-85
500 500
$
100 ~-.::.:: ~p.-
Cancellation: Should any of the above descnbed policies be cancelled before the expiration date thereof. the •ssuing com~
pany will endeavor to ma11 UQ.._ days written notice to the below named certificate holder. but failure to
ma1l such notice shall impose no obligation or liability of any kmd upon the company.
NAME AI\IO ADDRESS OF CERTIFICATE HOLDER
City of Lubbock
PO BOX 2000
Lubbock, Texas 79457
ATTN: Rita Harmon, Asst. City Mgr.
H-2320-R43
THE STATE Of TEXAS
COUNTY OF LUBBOCK
Before me DorothY Ru&e.etl a Notarv Public in and for Lubbock Countv. Texas on this dav
personally appeared Twtla Auftll' Account Manal!er of the S~uthwestern Newsp~-
pers Corporation. publishers of the Lubbock Avalanche-.Journal -Morning. Evening and Sunday. who
being by me duly sworn did depose and say that said newspaper has been publish~ c~m~n~u~ltol more
than fifty-two weeks prior to the first insertion of this e I 0
--------------No. 695938 at Lubbock County. Texas and the attached print-
ed copy of the Lel!a I Notice is a true copy of th~.Brigin~l and }\lasp.riDt.ed in the Lubbock
Avalanche-.Journal on the following dates: October 26• N vemDer 4t 1YU!»
371 Word• @ 16t Per word = $281.96
Q~~ Account Hanal!er
LUBBOCK AVALANCHE-JOURNAL
Southwestern Newspapers Corporation Not<rry Public In And For lhe Slate Of Texas
tlry Commission Expires Nov. 9, 1988
Subscribed and sworn to before me this __s__ day of Noyembe r 1~
*Ad ran November 4• 1985 to rePtP.,.r> r; .... J.nel date of November 2• 1985 •
FORM58-10
• · ........ \.N-ICE INSURANCE; OTHER. b~IESC,; """'"'" "'' AMENDMENT; Acet!PrAN "' I ORDINANCE N0.1514 OF FRANCHI$!; RATES;
AN ORDINANCE ABANDONING AMENDING OROINANCI 8554;'
AND CI.OSING " 10-FOOT AL· PUBLICATION; AN t!~TIVE L-ltV U~. 81.0Ctt t, PIEDMONT .DATE; AND ·A , SAVINGS ADDITION TO THE CITY OF LUBBOCK LUBBOCK COUNTY, CLAUSE. ORDINANCE NO.I836
TEXAS, AND MORE PARTICU· AN ORDINANCE AMENDING ( LARL.Y DESCRIBED IN 'THE OF THE CODE OF ~ .. aoDY OF THIS ORDINANCE; ·CHAPTER I 1 .• DIR .. CTING TH"' CITY ENG I· ORDINANCES OF THE CITY. OF t " " L.UBBOCK. TEXAS, WITH · RE· -----------------------'.. NEER TO MARK THE OFFICIAl. GARD TO CITY VOTING 'PRE·
' MAPS OF THE CITY OF I.UB-CINCTCHANGES REQUIRED AS 80CK TO· REFLECT. SAID ·A RESULT OF POPULATION IN-ABANDONMENT AND . CI.OS· NEW ANNEXATIONS
lNG' PROVIDING A SAVINGS CREASES, , O AND CHANGES IN COUNTY CLAUSE; AND PROVIDING F R VOTING PRECINCTS; :PROVIO·
PUBL.IC'.'TIOORND;I.NAN.CE NO.tno lNG FOR CREATION OF .NEW G CITY VOTING PRECINCTS; DE· AN ORDINANCE "ABANDON IN LET ION OF CITY VOTING PRE· '-ND ,.LOSING A JI)-FODT AI.· CT DISTRICTS NO \.ONGER •·E"'. ·1''N" THE ·VtL' • WEST AD-CIN k • ...,. U REQUIRED; ALTERING CER· OITION TO THE CITY OF L 8· TAIN · POLLING P\.ACES; AL.• BOCK, . ·Ll$BOCI( . COUNTY, TERING CERTAIN CITY VOT·
TEXAS,. AND MORE PARTICU· lNG PRECINCT BOUNDARY DE·
LARLY DESCRIBED IN· TH.E PT ONS PROVIDING NEW
BODY OF THIS ()RDINANCE; t'ifsh11PTio'Ns OF THE PRE· DI~ECTING THE ,CITY ENGI· CINCTS CONTAINED IN THE. NEER TO MARK THE OFFICIAL VARIOUS CITY VOTING DIS. MAPS OF THE CITY TO RE· PROVIDING A MAP OF
FI.ECT SAID ABANDONMENT . g~~T~~ITING PRECINCTS AND
AND CLOSING; PROVIDING ·A T VOTING DISTRICTS' PRD-
SAVINGS ·~I.AUSE.: AND PRO. Cl y ' N
V.IOING FOR PUliL.ICATIOI't. VI DING THAT ALL. PORTJO S
ORDINANCE.NO.I83I OF CHAPTER I 'NOT 'HEREIN AMENDED SHALL REMAIN AN ORDINANCE. ABANDONING THE sAME I PROVIDING A SAV·
AND CLOSING A PORTION OF INGS CLAUSE; AND PROVID-'
AN UNDERGROUND UTILITY lNG FOR PUBLICATION. R..U EASEMENT LOCATED I.N THE
SOUTHERLY PART ·of" TRAC
"C·'·A." WHISPERWOOD AODI· TION TO THE CITY OF L.UB· BOCK, ... L.UBBOCK COUNTY •
TEXAS, ANO MORE PARTICU· LARL.Y DESCRIBED HEREIN· AFTER IN THIS· ORDINANCE; DIRECTING "'tHE ct:rY ENGI· NEER TO MARK THE OFFICIAL
MAPS OF !HE CITY TO RE· FL.ECT SAIO . ABANDONING :AND. CLOSING; :PROVIDING A
SAVINGS CLAUSE; AND pRD-
VIDING.F. OR PUBLICATION • .,. •• , ORDINANCE 'NO • ....,.
AN ORDINANCE i GRANTING TO C'-BLEVISION OF .. TEXAS,
\.IMITED PARTNERSHIP, . THE RIGHT, PRIVILEGE bAND FRANCHISE TO CON UCT WITHIN THE BOUNDARIES OF THE CITY OF LUBBOCK A CA·
· 8\.E TELEVISION BUSINESS; I AND PROVIQING THEREIN 'I FOR DEFINITIONS; SERVICES, ' eQUIPMENT AND FACILITIES;
A TERM;: FRANCHISE FEeS: