HomeMy WebLinkAbout024928 ORD - 06/25/2002
AN ORDINANCE
GRANTING TO TEXAS CABLE PARTNERS (TIME WARNER) A NON-
EXCLUSIVE FRANCHISE TO CONSTRUCT, MAINTAIN, AND OPERATE
FOR A PERIOD OF FIFTEEN YEARS A CABLE TELEVISION SYSTEM
AND FACILITIES AND ADDITIONS THERETO, IN, UNDER, OVER,
ALONG, ACROSS AND UPON THE STREETS, LANES, AVENUES,
ALLEYS, SIDEWALKS, BRIDGES, RIGHTS-OF-WAY, EASEMENTS,
HIGHWAYS AND OTHER PLACES IN THE CITY OF CORPUS CHRISTI,
TEXAS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Council hereby grants to Texas Cable Partners, Inc. (Time
Warner) a non-exclusive franchise to construct, maintain, and operate for a period of fifteen
years, a cable television system and facilities and additions thereto, in, under, over, along, across
and upon the streets, lanes, avenues, alleys, sidewalks, bridges, rights-ot:way, easements,
highways and other places in the City of Corpus Christi, Texas, subject to the terms and
conditions of the attached franchise agreement.
024928
(j ~!Jhe foregoing ordinance was read for the first time and passed to its second reading on this the
dbay of ~ iJI , 2002, by the following vote:
S=oo]LN,m,k 5 ~ R~AKiM;"" '
Brent Chesney
John Longoria
Javier D. Colmenero
Jesse Noyola
Henry Garrett
Mark Scott
Bill Kelly
That e foregoing ordinance was read for the second time and passed finally on this the ~~y
of , 2002, by the following vote:
Rex A. Kinnison
~
IV)
~
Samuel L. Neal, Jr.
Brent Chesney
John Longoria
Javier D. Colmenero
Jesse Noyola
Henry Garrett
~
Mark Scott
Bill Kelly ~
PASSED AND APPROVED this the d}S1;'ay of~.l-1\ l' ," 2002.
ATTEST:
~
Armando Chapa
City Secretary
cd. /
)<:/ . 4;, t
Samuel L. Neal, Jr.
Mayor
LEGAL FORM APPROVED .~ I (,. , 2002
JAMES R. BRAY, JR.
CITY ATTORNEY
By:
;;(~~
Lisa Aguilar
Assistant City Attorney
024928
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
FRANCHISE RENEWAL AGREEMENT
Between
TEXAS CABLE PARTNERS, L.P.
And
CORPUS CHRISTI, TEXAS
June 19, 2002
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
TABLE OF CONTENTS
PAGE
SECTION 1. DEFINITIONS............... ..................,.,......".....,.., ...,.. ................ .............. ...,.,.. ..., ..5
1.1 Channel,..... ....,...,....... .... ...............,...................,..".. ...... ...". ...................,..........,..,.,..,..,..5
1.2 Commercial Programming...........................,......,................. ........... ........... ...... ... ........ ....5
1.3 Effective Date.... ........ .... ....................,..,.,."...,...., ...... ......,..... ........... .......".......,.. ............5
1.4 Franchise Fee. .... ........ ... ................ .......,..,."...,.,.., ...,.....,............... ......,....,.............. .........6
1.5 Grantee ..,. ......,.... ............... ... ...... ......................,..,.."..,.....,..... ........... .....,.,.. .....................6
1.6 Gross Revenues, ....,...,..,....... ......... ...................... ....,..,...."..,. ........ ... ...............,. ... ...,........6
1.7 Locally Produced Programming,.......,.,.............. .... ......... ........,.,..,.. .......................... .... ..6
1.8 Normal Business Hours ... .........,..,..,....,....,......... ....... ................, ....., ........ ....... ...............,7
1.9 Normal Operating Conditions......... ..... ..... ........., ... ...... .... .................. .... ..... ...... ......... ... ...7
1.10 Service Interruption.,.,....,......,... ........,. .............. .............. .....,....,.. ... ... .............. ...,.,..,..".,7
SECTION 20 GRANT OF FRANCHISE RENEWAL ..............................................................7
2.1 Grant of Renewal. .................. ............................ ..........,.".......... ......... .....,...,.... .....,..... ....7
2.2 Right of City to Issue and Renew Franchise....................................................................7
2.3 Effective Date of Grant of Renewal........................................,.,.......,......................,.......8
2.4 Term.... ...... ..... ..... ........... .... ...........,.......".,...,..,..................................,."...... ....................8
2.5 Written Notice...................,............................................... ........,........... ..............,....,...... ,8
2.6 Franchise Not Exclusive ...... .... .............,....,. ......." ......,.....,.. ................. .........,.,....... .... .... 9
2.7 Reservation of Rights.................,......................................... .....,."........ .........................10
2.8 Compliance...... .....,...,..,... .......... ......................... ..... ..... ... ......,............. ............ ...,.... ..., ..1 0
2.9 Binding Contract... ....... .... .......... ........................, ....,..,..,.. .................... ...,................... ...1 0
2.10 Customer Service Standards ..........................................................................................11
SECTION 30 GENERAL REQUIREMENTS................................................................"........16
3.1 Annual Franchise Fee ....................................................................................................16
3.2 Liability Insurance......,..".................................. .............. ......,...... ..................,.,.."....., ..17
3.3 Indemnification..................... ...,..,......."........,.... ................. ..........,.., .....,........... ........, ...19
3.4 Security Fund,...., ....,.......................................". ....,."..,.............................. ................ ...22
3.5 Procedure for Remedying Franchise Violations ............................................................23
3.6 Revocation...."........ ..............................,....,.,..,.....,..,...,...................... ..........,....... ..... ....25
3.7 Compliance with Applicable Laws and Ordinances ......................................................27
SECTION 4" SYSTEM CAPABILITIES ..................................................................................27
4.1 System Capabilities... ...............,....,..,.................... ....,.... .................,.,. ...,.,......,.... ..........27
4.2 Required Extensions of Cable System...........................................................................28
4.3 Periodic Evaluation, Review and Modification .............................................................29
4.4 Emergency Alert Capability.... ...........................",..,...,.,...,.,...........,..,..,..,.,....,........... ..31
4.5 Closed Captioning and Descriptive Audio Service .......................................................31
4.6 Parental Control Lock...,....................... .......,..,.,...,........".............,..,..,..,................., ...,.31
4.7 HDTV / A TV Conversion..........................................................,.,.............. .........,..,..,... ..32
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
4,8 Right of Inspection. ......,..."...,....."........" ...".,..."...,.........,.............,... ...."., ......., ... ...... ...32
SECTION 5" SERVICES AND PROGRAMMING .................................................................32
5. I Programming.. ........ .................................... ....... ..., .....,.,.... ............................... .... ....., ....32
A. Broad Programming Categories..., ..."..,.". ..., .....,.,.... ..... .............. ..... ... ...., ... ...... ....32
B. Deletion or Reduction of Programming Categories...............................................33
5.2 Leased Commercial Access.. .....,... ...".,...,.......,..,...,.,........... ........... ..... ....., ..."........... ...33
5.3 Annual Reports.,........................,... ...,.. .............., ...,..,.,..,...... ................ ... ..., ............. ... ..3 3
SECTION 6" SUPPORT FOR LOCAL CABLE RELATED NEEDS....................................34
6. I Institutional Network....,......... ...... .... ..... ............ ....... .................,. .... ..... ... ... ........... ... ... ..34
6.2 Public, Educational and Governmental Access .............................................................37
A. Access Channels .................., ... ... ..., ... ... ...., ...,..,......................... ... ... ... ... ........ ........3 7
B. Additional Access Channels .." ....., .... ...,.,.,...,.. ..........................,..."...... ..... ... ....., ..3 8
C. Unused Channels................ .......................... .......,...... .....,................, ..., ..., ... ...... ...39
D. Non-Commercial Programming.,..,...,..,. ............ ....... ....... .......,....,. ....... .... ............ .39
E, Transition ..,.,..,.. ... .......... ..... .......... ....,.......... ..........,.... ........... ......... ..... ........ ..... .....39
G. Capital Support for Access ....................................................................................40
H. Donation of Equipment..."., ...,..,... ............... ... ..... ....... ..........,. .......... ... ..... .... ... ......4 I
I. Access Channel Designations,...... ...,.......... ................ ...... ....,........ ... ..... ...... ...... ....41
J. Ad Avail Grants................. ... ...".., ... ...,......"..,.................. ............. ... ... .... .... ...,......41
K. Technical Quality..,.,................. ... ... .... .......................... .....,........... ... ... .... .... ... ...,...41
6.3 Drops to Public Buildings.,.,......... .......... ...................................,.,.... ... ..... ... .... ..., ... .......41
6.4 Use of Grantee's Facilities............ ... ....... ........... .............. ................. ........ ... ....... ....,..,...42
SECTION 7. REGULATION ..................................... ".,.."........................................................43
7.1 Franchise Regulation ............. ......,... ......, ..........,... ...................,.,.,....,... ... ............... ... ....43
7 .2 Force Majeure. .......,..,.....,....................... ... .............,......... ...........,............... .... ... ....... ....43
7.3 Severability...., ............. ..............."..,......,............., ..... ....... .... .....,............. .... .......... .... ....43
7.4 Amendments... .......,.....,....,.,............... ... .........................,..."............ .... ...... ...,. .......... ....44
EXHIBIT A: Franchise Fee Payment Worksheet
EXHIBIT B: I-Net Sites
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
FRANCHISE RENEWAL AGREEMENT
A CABLE TELEVISION FRANCHISE RENEWAL
AGREEMENT BETWEEN TEXAS CABLE PARTNERS
L.p,("Grantee"), AND THE CITY OF CORPUS CHRISTI,
TEXAS ("City"), LOCATED IN THE COUNTY OF NUECES.
WITNESSETH
WHEREAS, the Grantee seeks to obtain a Cable Television Franchise Renewal
Agreement under which it will be authorized to reconstruct, maintain, and operate a Cable
Television System, as defined under applicable federal, state and local law, throughout the City
of Corpus Christi, Texas; and
WHEREAS, the City, pursuant to the Master Cable Service Regulatory Ordinance No.
023833, as amended, is authorized to grant and renew one or more nonexclusive revocable
Franchises to operate, construct, maintain and reconstruct a cable television system within the
City of Corpus Christi, Texas; and
WHEREAS, the City seeks to promote the development of cable television capabilities
on a competitive basis within the City, while at the same time ensuring customer service; and
WHEREAS, Grantee, has made application pursuant to the Master Cable Services
Regulatory Ordinance and the applicable franchise renewal requirements of the Cable Act, to
obtain a renewal of its Cable Service Franchise in the City of Corpus Christi, Texas, to
reconstruct and operate a competitive Cable Service; and
WHEREAS, the City, after due evaluation of Grantee's application and proposal for a
Franchise Renewal, has determined that Grantee's proposal as modified under the terms of this
4
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
Agreement is complete and responsive to the requirements of the City, and has the requisite
legal, technical and financial qualifications to meet the future cable related needs of the City; and
NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions
herein provided, and in accordance with the provisions of the City's Master Cable Services
Regulatory Ordinance No, 023833, (hereinafter referred to as "Master Ordinance"), the parties
agree as follows:
SECTION 1. DEFINITIONS
For the purpose of this Franchise, the terms, phrases, words, abbreviations and their derivations
shall have the meaning given in the Master Ordinance, except as otherwise defined herein. The
definitions in the Master Ordinance are made part of this Franchise as if fully set forth herein,
except as otherwise specifically set forth herein. In the event of a conflict between the
definitions in the Master Ordinance and the definitions set forth below, those definitions set forth
in this Agreement shall control.
1.1 "Channel" means a portion of the electromagnetic frequency spectrum which is used in a
Cable System and which is capable of delivering a television channel, as television
channel is defined by FCC regulation. The current industry standard for an analog
Channel is 6 MHz.
1.2 "Commercial Programming" means any programming which is cablecast for
remuneration of any kind, whether directly or indirectly, or programming which includes,
in whole or in part, content whether audio, video or text intended, directly or indirectly to
promote any service, or product sr J3slitieal eElftdieate; or includes commercial advertising
of any kind; or contains lottery or sweepstakes information.
1.3 "Effective Date" means the date set forth in Section 2.3 of this Agreement.
5
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
1.4 "Franchise Fee" means any tax, fee or assessment of any kind imposed by City or other
governmental entity on Grantee or a cable subscriber, or both, solely because of their
status as such. The term "Franchise Fee" does not include: (i) any tax, fee or assessment
of general applicability (including any such tax, fee or assessment imposed on both
utilities and cable operators or their services but not including a tax, fee or assessment
which is unduly discriminatory against cable operators or cable Subscribers); (ii) capital
costs which are required by the Franchise Agreement 10 be incurred by Grantee for PEG
Access equipment and facilities; (iii) requirements or charges incidental to the award or
enforcement of a Franchise, including payments for bonds, security funds, letters of
credit, insurance, indemnification, penalties or liquidated damages; or (iv) any fee
imposed under title 17, United States Code.
1.5 "Grantee" means Texas Cable Partners, L.P. or its lawful successors, transferees, or
assigns.
1.6 "Gross Revenues" shall be as defined in the Master Ordinance except for the purposes of
this Agreement and the Grantee's obligations hereunder the term Gross Revenues shall
not include:
(A) any amount collected by the Franchisee from Subscribers for PEG Access
purposes;
(B) the revenues of any Person where such revenues have been included in Grantee's
revenues so as to preclude double imposition of franchise fees; or
(C) bad debt or uncollected amounts.
1.7 "Locallv Produced Programming" means programmmg taped in the Corpus Christi
region, or pertaining to locally specific issues, or pertaining to local residents.
6
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
1.8 "Normal Business Hours" means those hours during which most similar businesses in the
community are open to serve customers. In all cases, "normal business hours" must
include some evening hours at least one night per week and/or some weekend hours.
\.9 "Normal Operating Conditions" means those service conditions which are within the
control of the Grantee, Those conditions which are not within the control of the Grantee
include, but are not limited to, natural disasters, civil disturbances, power outages,
telephone network outages, and severe or unusual weather conditions. Those conditions
which are ordinarily within the control of the Grantee include, but are not limited to,
special promotions, pay-per-view events, rate increases, regular peak or seasonal demand
periods, and maintenance or upgrade of the Cable System.
1.10 "Service Interruption" means the loss of picture or sound on one or more cable channels.
SECTION 2" GRANT OF FRANCHISE RENEWAL
2.1 Grant of Renewal.
The cable television franchise granted to TCI Cablevision, Inc., and now held by Grantee,
is hereby renewed, subject to the terms and conditions of this Franchise Agreement
(hereinafter also referred to as the "Franchise"). The grant of renewal provides Grantee
authority, right and privilege, to construct, reconstruct, operate and maintain a Cable
Television System within the Right-of-Way in the City of Corpus Christi, Texas, as it is
now or may in the future be constituted,
2,2 Right of Citv to Issue and Renew Franchise.
Grantee acknowledges and accepts the right of City to issue and/or renew a Franchise
Agreement.
7
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
2.3 Effective Date of Grant of RenewaL
The grant of renewal shall be effective sixty (60) days following passage and approval of
this Agreement by ordinance of the City Council. The grant is further contingent upon the
filing by Grantee with the City Secretary of the executed Franchise Agreement and the
required security fund and insurance certificates, and has paid all sums owed to the City,
except that if the filing of the written acceptance, the security fund or any such insurance
certificate does not occur within sixty (60) days after the Effective Date of the ordinance
approving this Franchise and any extension of time hereunder, the City may declare this
grant null and void.
2.4 Term.
This Franchise shall commence upon its Effective Date and shall expire fifteen (15) years
thereafter or unless extended, renewed, revoked or terminated sooner as provided for in
the Master Ordinance or pursuant to the specific terms of this Franchise Agreement.
2.5 Written Notice.
All notices, reports or demands required to be given in writing under this Franchise
Agreement shall be deemed to be given when delivered personally to the Person
designated below, or upon receipt when sent by registered or certified mail, postage
prepaid thereon, or on the next business day if sent by express mail or overnight courier
addressed to the party to which notice is being given, as follows:
If to City:
City Corpus Christi
Attention: City Manager
1201 Leopard Street
Corpus Christi, Texas 78401-2825
8
-~-'--'-' .-.--. ..." ._,-_..', ._._-.-~",.__..__.,-_.-
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
With a copy to:
If to Grantee:
With copy to:
City of Corpus Christi
Attention: City Attorney
120 I Leopard Street
Corpus Christi, Texas 78401-2825
Texas Cable Partners, L.P.
Attn: General Manager
4060 South Padre Island Drive
Corpus Christi, Texas 78411
Texas Cable Partners, L.P.
Attn: Division President
300 Parker Square, Suite 210
Flower Mound, Texas 75028
Such addresses may be changed by either party upon notice to the other party given as
provided in this Section.
2.6 Franchise Not Exclusive
The Franchise herein granted shall be non-exclusive and is granted by the City pursuant
to the City's Master Cable Services Regulatory Ordinance and applicable law. Unless
expressly prohibited by law, any additional franchise granted by the City pursuant to the
Master Cable Services Regulatory Ordinance, subsequent to the date of this Franchise,
shall, when considered as a whole, contain no more favorable or less burdensome terms
and conditions than those contained herein. In instances where Grantee or City believes
that replication of a requirement would provide an unintended result, the parties (i.e., the
City, Grantee and proposed Grantee), shall meet to negotiate a substitute obligation to
ensure parity of obligations on the part of all grantees, Any alleged failure on the part of
the City to ensure parity of obligations shall entitle Grantee to review by the City's
governing body and such other remedies it may be entitled to under applicable state and
federal law.
9
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
2.7 Reservation of Rights,
City and Grantee reserve all rights that they may possess under applicable law or be
granted in the future under applicable law unless expressly waived herein. Unless
expressly noted otherwise, nothing set forth in the Master Ordinance or this Franchise
Agreement shall be construed as a waiver, surrender or release of any right of any kind
whatsoever by either City or Grantee.
2.8 Compliance
The provisions of the Master Ordinance are hereby incorporated herein by reference as if
set out in full, and form part of the terms and conditions of this Franchise Agreement,
except as may be otherwise provided in the Franchise Agreement. In the event of a
conflict between the terms and conditions of the Master Ordinance and this Franchise
Agreement, the Franchise Agreement shall control. Grantee agrees to comply with the
terms of the Master Ordinance and any lawfully adopted, generally applicable local
ordinance that is passed pursuant to the City's lawful police powers.
2.9 Binding Contract
This Franchise (including all of Grantee's particular rights, powers, protections,
privileges, immunities and obligations associated therewith) shall constitute a legally
binding contract between the City and Grantee, and as such, cannot be amended,
modified or changed by the City without the consent of Grantee in any manner
whatsoever, whether by ordinance, rule, regulation or otherwise, to impose on Grantee
more stringent or burdensome requirements or conditions; provided, however, that
nothing herein contained shall preclude the City from the proper exercise of its police
powers, as set forth in Section 2.8.
10
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
2. I 0 Customer Service Standards.
A. Notwithstanding anything to the contrary in the Master Ordinance, the Grantee is
hereby exempted from Article 7 of the Master Ordinance and in lieu thereof shall
be subject to the following:
1. Cable Svstem Office Hours and Teleohone Availabilitv.
(a) The Grantee will maintain a local, toll-free or collect call telephone
access line which will be available to its subscribers 24 hours a
day, seven days a week.
(b) Trained Grantee representatives will be available to respond to
customer telephone inquiries during Normal Business Hours.
(c) After Normal Business Hours, the access line may be answered by
a service or an automated response system, including an answering
machine. Inquiries received after Normal Business Hours must be
responded to by a trained Grantee representative on the next
business day.
(d) Under Normal Operating Conditions, telephone answer time by a
customer representative, including wait time, shall not exceed
thirty (30) seconds when the connection is made. If the call needs
to be transferred, transfer time shall not exceed thirty (30)
seconds. These standards shall be met not less than ninety (90)
percent of the time under Normal Operating Conditions, measured
on a quarterly basis.
II
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
12
(e) The Grantee will not be required to acquire equipment or perform
surveys to measure compliance with the telephone answering
standards above unless an historical record of complaints indicates
a clear failure to comply,
(t) Under Normal Operating conditions, the customer will receive a
busy signal less than three (3) percent of the time.
(g) Customer service center and bill payment locations will be open at
least during Normal Business Hours and will be conveniently
located,
2. Installations. Outages and Service Calls.
Under Normal Operating Conditions, each of the following standards will
be met no less than ninety-five (95) percent of the time measured on a
quarterly basis:
(a) Standard installations will be performed within seven (7) business
days after an order has been placed. "Standard" installations are
those that are located up to 125 feet from the existing distribution
system.
(b) Excluding conditions beyond the control of the Grantee, the
Grantee will begin working on "Service Interruptions" promptly
and in no event later than 24 hours after the interruption becomes
known. The Grantee must begin actions to correct other service
problems the next business day after notification of the service
problem.
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
(c) The "appointment window" alternatives for installations, service
calls, and other installation activities will be either a specific time
or, at maximum, a four-hour time block during Normal Business
Hours. The Grantee may schedule service calls and other
installation activities outside of Normal Business Hours for the
express convenience of the customer.
(d) The Grantee may not cancel an appointment with a customer after
the close of business on the business day prior to the scheduled
appointment.
(e) If a Grantee representative is running late for an appointment with
a customer and will not be able to keep the appointment as
scheduled, the customer will be contacted. The appointment will
be rescheduled, as necessary, at a time which is convenient for the
customer.
3. Communications Between the Grantee and Subscribers.
(a) Notifications to Subscribers.
(i) The Grantee shall provide written information on each of
the following areas at the time of installation of service, at
least annually to all Subscribers, and at any time upon
request:
(A) Products and services offered;
13
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
(B) Prices and options for programming services and
conditions of subscription to programming and
other services;
(C) Installation and service maintenance policies;
(D) Instructions on how to u~e the cable service;
(E) Channel positions of programming carried on the
Cable System; and
(F) Billing and Complaint procedures, including the
address and telephone number of the City's office.
(b) Subscribers will be notified of any changes in rates, programming
services or channel positions as soon as possible in writing. Notice
must be given to Subscribers a minimum of thirty (30) days in
advance of such changes if the change is within the control of the
Grantee. In addition, the Grantee shall notify Subscribers thirty
(30) days in advance of any significant changes in the other
information required by paragraph 3(a)(i) of this section.
Notwithstanding anything in this Section to the contrary, the
Grantee shall not be required to provide prior notice of any rate
change that is the result of a regulatory fee, franchise fee, or any
other fee, tax, assessment, or charge of any kind imposed by any
Federal agency, State or the City on the transaction between the
Grantee and the Subscriber.
(c) Billing.
14
'~'-'----~~ .-.- .._,-., '--"'-~ .~-_.~_.--,~._",.-
....-.,-.-.. - ......_,-,....... . '-"'",._.--~_. .__._'------_.-_...,-~-_.-
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
(i) Bills will be clear, concise and understandable. Bills must
be fully itemized, with itemizations including, but not
limited to, basic and premium service charges and
equipment charges. Bills will also clearly delineate all
activity during the billing period, including optional
charges, rebates and credits.
(ii) In case of a billing dispute, the Grantee must respond to a
written complaint from a Subscriber within thirty (30) days.
(d) Refunds. Refund checks will be issued promptly, but no later than
either -
(i) The customer's next billing cycle following resolution of
the request or thirty (30) days, whichever is earlier, or
(ii) The return of the equipment supplied by the Grantee if
service is terminated.
(e) Credits. Credits for service will be issued no later than the
customer's next billing cycle following the determination that a
credit is warranted.
B. In the event of a record of written complaints filed with the City indicating a clear
failure on the part of the Grantee to comply with those standards set forth in this
Section 2.1 0, the City may request that the Grantee report quarterly on its
performance against those standards in this Section 2.10. If Grantee fails to meet
all of the standards set forth in the Section 2.1 0 for three (3) consecutive quarters,
the Grantee shall thereafter be subject to the Customer Service Standards set forth
15
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
in the Master Ordinance at Article 7 until such time as the Grantee has met the
standards set forth in this Section 2.10 for three (3) consecutive quarters. At such
time as Grantee is in compliance with this Section 2.10 for three (3) consecutive
quarters, the Grantee shall thereafter be subject to the requirements of this
Section 2.10, subject to the City's ongoing compliance rights.
C. Grantee shall at all times comply with the Federal Communications Commission
(FCC) Rules and Regulations, Part 76, Subpart K (Technical Standards), as may
be amended from time to time, to the extent permitted by applicable law. Upon
request, the Grantee shall furnish the City Manager a copy of its annual proof of
performance filing with the FCC. If the FCC no longer establishes technical
standards, this Franchise shall control and the then-current FCC standards shall, at
a minimum, be made part of this Franchise and enforceable by the City.
SECTION 30 GENERAL REOUlREMENTS
3.1 Annual Franchise Fee.
A. As compensation for this Franchise and in consideration of permission to use the
Right-of-Way of the City for the construction, operation, maintenance and
reconstruction of the Cable System, and to defray the costs of Franchise
obligations, Grantee shall pay to the City on an annual basis throughout the term
ofthis Franchise, a sum totaling five percent (5%) of Grantee's Gross Revenues.
B. Payments due the City under this Section shall be computed quarterly, for the
preceding quarter of each year during the term of this Franchise. Each quarterly
payment shall be due and payable no later than forty-five (45) days after the end
of the preceding quarter. The City and Grantee shall discuss the feasibility of such
16
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
payments being made electronically to a financial institution designated by the
City. Verification of any electronic payments shall be provided to the City
Treasurer. Each payment shall be accompanied by a brief report showing the basis
for the computation and other relevant facts and information, and a "Franchise Fee
Payment Worksheet," attached as Exhibit A, which shall accurately reflect the
sources of all Gross Revenues.
C. No acceptance of any payment shall be construed as an accord that the amount
paid is in fact the correct amount, nor shall such acceptance of payment be
construed as a release of any claim the City may have for further sums payable
under the provisions of this Franchise. All amounts paid shall be subject to audit
and re-computation by the City or its designee, at any time during any calendar
year upon reasonable notice and specification of the documents requested to be
reviewed. Grantor's right to audit, and Grantee's obligations to retain records
related to the franchise fee audit, shall expire two (2) years from the date on which
each Franchise Fee payment by the Grantee is due.
3.2 Liabilitv Insurance.
A. Upon the effective date of this Franchise Agreement, the Grantee shall, at its sole
expense, take out and maintain during the life of this Franchise commercial
general liability insurance with a company licensed to do business in the State of
Texas with a rating by Best of not less than "A-" that shall protect the Grantee, the
City, and the City's officials, officers, and employees from claims which may
arise from Grantee's operations under this Franchise, whether such operations are
by the Grantee, its officers, directors, employees and agents, or any subcontractors
17
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
of Grantee. This liability insurance shall include, but shall not be limited to,
protection against claims arising from bodily and personal injury and damage to
property, resulting from all Grantee operations, products, services or use of
automobiles, or construction equipment. The amount of insurance for Single
Limit Coverage applying to Bodily and Personal Injury and Property Damage
shall be two million dollars ($2,000,000,00) Combined Single Limit Coverage,
and evidence of excess coverage. The following endorsements shall attach to the
liability policy:
(I) The policy shall cover Personal Injury as well as Bodily Injury.
(2) The policy shall cover blanket contractual liability subject to the standard
universal exclusions of contractual liability included in the carrier's
standard endorsement as to bodily injuries, personal injuries and property
damage.
(3) Broad Form property damage liability shall be afforded.
(4) The City shall be named as an additional insured on the policy.
(5) An endorsement shall be provided which states that the City is listed as an
additional insured.
(6) Standard form of cross-liability shall be afforded.
(7) An endorsement stating that the policy shall not be cancelled, or materially
modified so as to be out of compliance with the requirements of this
section, or not renewed without thirty (30) days advance written notice of
such event being given to the City Manager.
18
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
B. Grantee shall not permit any subcontractor to commence or continue work until
both shall have obtained or caused to be obtained all insurance required under this
Section. Said insurance shall be maintained in full force and effect until the
completion of construction. Grantee shall obtain and maintain Workers'
Compensation Insurance for all Grantee's employees, and in case any work is
sublet, Grantee shall require any subcontractor similarly to provide Workers'
Compensation Insurance for all subcontractor's employees, all in compliance with
State laws, and to fully protect the City from any and all claims arising out of
occurrences on the work. Grantee hereby indemnifies City for any damage
resulting to it from failure of either Grantee or any subcontractor to take out and
maintain such insurance. Grantee shall provide the City Manager with a
certificate of insurance indicating Workers' Compensation coverage prior to
commencing reconstruction of the system.
C. The City reserves the right to adjust the limit coverage requirements on the basis
of rate index tied to changes in the Consumer Price Index over the life of the
Franchise. Insurance certificates and evidence of payment are subject to review
and approval of the City for compliance with these requirements.
D. Grantee shall submit to the City a certificate of insurance signed by the insurance
agent and companies named.
E. Any deductible or self-insured retention must be declared to City Manager.
3.3 Indemnification.
A. Except as otherwise provided herein, Grantee shall indemnify, hold harmless,
release and defend City, its officers, and employees from and against any and all
19
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
lawsuits, claims, actions, demands, damages, disability, losses, expenses
including reasonable attorney's fees and other defense costs or liabilities of any
nature that may be asserted by any Person or entity, including Grantee, from any
cause whatsoever, arising out of or in any way connected with the activities of
Grantee, its subcontractor, employees and agents hereunder. Grantee shall be
solely responsible and save City harmless from all matters relative to payment of
Grantee's employees including compliance with Social Security, withholdings,
etc.
B. This indemnification obligation is not limited in any way by a limitation of the
amount or type of damages or compensation payable by or for Grantee under
Workers' Compensation, disability or other employee benefit acts, acceptance of
insurance certificates required under this Franchise, or the terms, applicability or
limitations of any insurance held by Grantee.
C. City does not, and shall not, waive any rights against Grantee which it may have
by reason of this indemnification, because of the acceptance by City, or the
deposit with City by Grantee, of any of the insurance policies described in this
Franchise.
D. This indemnification by Grantee shall apply to all damages and claims for
damages of any kind suffered by reason of Grantee's actions, regardless of
whether or not such insurance policies shall have been determined to be
applicable to any such damages or claims for damages.
20
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
E. Grantee shall not be required to indemnify City for damages arising from the
negligence or malfeasance of the City or its officials, boards, commISSIOns,
agents, or employees.
F. Grantee shall immediately notifY the City Risk Manager of any and all claims
raised against the Grantee or Grantee and City jointly, and shall provide the City
with a copy of the same. In order for the Grantor to assert its rights to be
indemnified and held harmless, the Grantor must:
(1) Promptly notifY Grantee of any claim or legal proceeding which gives rise
to such right;
(2) Afford Grantee the opportunity to participate in and fully control any
compromise, settlement, resolution or disposition of such claim or
proceeding; and
(3) Fully cooperate In the defense of such claim and make available to
Grantee all such information under its control relating thereto.
G. If the City determines that it is necessary for it to employ separate counsel, the
costs for such separate counsel shall be the responsibility of the City.
H. Grantee shall indemnifY, defend and hold harmless the City, its officers, agents
and employees against any and all claims or challenges brought against the City
with respect to the validity of the terms and conditions of this Franchise renewal
grant.
I. The fact that Grantee carnes out any activities under this Franchise through
independent contractors shall not constitute an avoidance of or defense to
Grantee's duty of defense and indemnification under this section.
21
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
3.4 Securitv Fund
A. Grantee shall deposit into a bank account established by the City and maintain on
deposit through the term of this Franchise, the sum of one hundred thousand
dollars ($100,000.00), or provide the City with performance bond in the same
amount, as a security ("Security Fund") for the faithful performance by it of all
the provisions of this Franchise, and compliance with all orders, permits and
directions of the City, and the payment by Grantee of any claim, liens and taxes
due the City which arise by reason of the construction, operation or maintenance
of the Cable System. Interest accrued on this deposit, if any, shall remain with the
deposit as additional security unless, after periodic review, the City determines, in
its sole discretion, to rebate all or part of the accrued interest or to reduce the
required amount of such Security Fund. Provision shall be made to permit the
City to withdraw funds from such Security Fund as and to the extent permitted by
this Franchise. Grantee shall not use such Security Fund for other purposes and
shall not assign, pledge or otherwise use this Security Fund as security for any
purpose,
B. The Security Fund may be drawn on by City for those purposes specified in
Section 3.6 hereof. Any such draw shall be conducted according to the
procedures of Section 3.6, as the case may be, provided that Grantee has received
written notice and thirty (30) days after receipt of notice to cure any material
violations before any payment.
C. Within thirty (30) days after notice to Grantee that any amount has been
withdrawn by the Grantee from the Security Fund pursuant to Section 3.6,
22
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
Grantee shall deposit a sum of money sufficient to restore such Security Fund (or
bond level) to its original amount.
D. Nothing herein shall be deemed a waiver of the normal permit and bonding
requirements made of all Persons working within the City's Rights-of-Way.
E. Maintenance of the requisite Security Fund shall not in any way limit the liability
of the Grantee for any failure to fully perform its obligations under this Franchise
Agreement.
3.5 Procedure for Remedving Franchise Violations.
A. Notwithstanding any provision in the Master Ordinance, if the City believes that
the Grantee has failed to perform any obligation under the Master Ordinance or
this Agreement, or has failed to perform in a timely manner the City shall first
informally discuss the matter with the Grantee. If these discussions do not lead to
resolution of the problem, the City shall then notify Grantee of the violation in
writing by personal delivery or registered or certified mail, stating with reasonable
specificity the nature of the alleged violation, and demand correction within a
reasonable time, which shall not be less than twenty (20) days in the case of the
failure of the Grantee to pay any sum or other amount due the City under this
Franchise or the Master Ordinance, and thirty (30) days in all other cases. If
Grantee fails to correct the violation within the time prescribed, or if Grantee is
unable to correct the violation or fails to commence corrective action within the
time prescribed and to diligently remedy such violation thereafter, the Grantee
shall then be given a written notice of not less than twenty (20) days of a public
23
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
hearing to be held before the City Council. Said notice shall specify the time, and
place of such hearing, and shall specify the violations alleged to have occurred.
B. At the public hearing, the Council shall provide Grantee due process. The
Council shall hear and consider all relevant evidence and thereafter render written
findings offact and a decision based upon the evidence.
C. In the event the Council finds that Grantee has corrected the violation or has
diligently commenced correction of such violation after notice thereof from City
and is diligently proceeding to fully remedy such violation, or that no material
violation has occurred, the proceedings shall terminate and no penalty or other
sanction shall be imposed.
D. In determining whether a violation is material City shall take into consideration
the reliability of the evidence of the violation, the nature of the violation and the
damage, if any, caused to the City or the City's residents thereby, whether the
violation was chronic, any justifying or mitigating circumstances, and such other
matters as the City may deem appropriate.
E. In the event the Council finds that a material violation exists and that Grantee has
not corrected the same in a satisfactory manner or has not diligently commenced
correction of such violation, the Council may impose liquidated damages, payable
from the Security Fund, of up to five hundred ($500.00) per day or per incident,
for major construction or safety violations or unexcused violations of the System
construction schedule provided in Section 4.1 herein, and up to three hundred
dollars ($300) per day or per incident for all other violations where a remedy is
24
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
not otherwise specified. Grantee may appeal any such damages before a court of
competent jurisdiction.
F. If Grantor elects to assess liquidated damages, then such election shall constitute
Grantor's exclusive remedy for a period of sixty (60) days. Thereafter, if the
Grantee remains in non-compliance, the Grantor may pursue any other available
remedy.
G. Repeated violations, whether remedied or not, may result in special notice by the
City outlining further remediation requirements, including Franchise revocation
action pursuant to the procedures set forth below.
3,6 Revocation. Any revocation proceedings shall be conducted as set forth herein.
A. In addition to any rights in this Franchise Agreement, Grantor reserves the right to
revoke the Franchise, and all rights and privileges pertaining thereto in the event
that the Grantee:
(1) Substantially violates a material provision of the Franchise Agreement;
(2) Attempts to evade any material provision of this Franchise Agreement, or
to practice fraud or deceit upon the City or Subscribers; or
(3) Becomes insolvent, unable or unwilling to pay its debts, or is adjudged
bankrupt.
B. Should the Grantor seek to revoke the Agreement after following the procedures
set forth above in Subsection 3.6, Grantor shall first notifY the Grantee in writing
of its basis for believing grounds for revocation exist. Such notice shall indicate
with reasonable specificity the grounds for revocation that are believed to exist so
that the Grantee may have a reasonable opportunity to cure or otherwise address
25
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
the grounds. If the Grantee fails to adequately cure or address the purported
grounds for revocation within thirty (30) days of such notice, then the Grantor
may, upon thirty (30) days written notice to the Grantee, commence a public
administrative hearing to determine whether there exists ground for revocation.
C. The administrative hearing shall be conducted so as to protect the full due process
rights of the parties and provide for, at a minimum, the right to be represented by
counsel, the right to introduce relevant evidence, the right to require the
production of evidence, the right to call and cross examine witnesses, and the
right to have the matter heard before a mutually agreed upon third party hearing
officer. A complete transcript shall be made of such hearing.
D. After the close of the hearing, the party who conducted the hearing, (the Grantor
or the designated hearing officer) shall issue a written decision based on the
record of the proceedings, stating with specificity the findings and reasons
supporting the decision, and shall transmit a copy of the decision to the Grantee
and the Grantor. If the decision is rendered by a third party hearing officer,
Grantor may accept, reject, or modify the decision of the hearing officer and shall
issue a written statement setting forth its decision to accept, reject, or modify the
decision, and the reasons therefore.
E. Grantee shall have a period of sixty (60) days subsequent to the date of the final
decision by the City within which to file an appeal with a court of competent
jurisdiction.
F. During the appeal period, the Franchise shall remain in full force and effect.
26
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
3.7 Compliance with Applicable Laws and Ordinances.
A. Grantee shall conform to all generally applicable laws, rules and regulations of the
United States and the State of Texas in the construction and operation of its Cable
System and all generally applicable rules and regulations ofthe FCC.
B. Grantee shall not refuse to hire or employ nor bar nor discharge from employment
nor discriminate against any person in compensation or terms, conditions or.
privileges of employment because of age, race, creed, color, national origin or sex.
C. Any right, power, protection, privilege or immunity which is provided, granted or
imposed on Grantee under or by virtue of the Cable Act, as may be amended or
interpreted from time to time after the date hereof, shall remain inviolate and shall
be available to Grantee notwithstanding any contrary provision of this Franchise,
and the acceptance of the terms and conditions of the Master Ordinance and this
Franchise Agreement shall not be construed as a waiver or release by Grantee or
City of any right, power, protection, privilege, immunity or obligation under the
Cable Act, the laws or Constitution of the United States or the laws and
Constitution of the State of Texas.
SECTION 4. SYSTEM CAPABILITIES
4.1 Svstem Capabilities
Grantee shall complete construction and activate its upgraded and rebuilt Cable System
within the thirty-six (36) months of the Effective Date of this Agreement, which shall, at
a minimum, provide the capabilities of a 750 MHz hybrid fiber optic-coaxial system
architecture to all residential areas of the City having a density of thirty (30) homes per
cable mile.
27
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
4.2 Required Extensions of the Cable Svstem.
A. Whenever the Grantee receives a request for Cable Service from a Subscriber in a
contiguous area unserved by the Grantee where there are at least thirty (30)
residences within one cable mile from the nearest usable portion of the Grantee's
trunk or distribution cable which is to be extended, it shall extend its Cable
System to such Subscribers at no cost to said Subscribers for the Cable System
extension, other than the published Standard/non-Standard Installation fees
charged to all Subscribers. Notwithstanding the foregoing, the Grantee shall have
the right, but not the obligation, to extend the Cable System, into any annexed
area which is not contiguous to the present service area of the Grantee, or into any
area in which Grantee determines it to be financially or technically feasible to
serve.
B. No Subscriber shall be refused service arbitrarily. However, if an area does not
meet the density requirements of subsection 4.2 A above, the Grantee shall only
be required to extend the Cable System to Subscriber(s) in that area if the
Subscriber(s) are willing to share the capital costs of extending the Cable System.
Specifically, the Grantee shall contribute a capital amount equal to the
construction cost per mile, multiplied by a fraction whose numerator equals the
actual number of residences per cable mile from the nearest usable point in the
Grantee's trunk or distribution cable, and whose denominator equals 30.
Subscribers who request service hereunder shall bear the remaining cost to extend
the Cable System on a pro rata basis, The Grantee may require that payment of
the capital contribution in aid of construction borne by such potential Subscribers
28
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
be paid in advance. Subscribers shall also be responsible for any Standard/non-
Standard Installation charges to extend the Cable System from the tap to the
residence,
4.3 Periodic Evaluation. Review and Modification.
Grantor and Grantee acknowledge and agree that the field of cable service is a relatively
new and rapidly changing one that may experience many regulatory, technical, financial,
marketing and legal changes during the term of this Franchise Agreement. Therefore, to
provide for the maximum degree of flexibility in this Franchise Agreement, and to help
achieve a continued, advanced and modem Cable System, the following evaluation and
review provisions will apply:
A. The City may request evaluation and review sessions at any time after two (2)
years from the Effective Date and each four (4) years thereafter during the term of
this Agreement and Grantee shall cooperate in such review and evaluation;
provided, however, that there shall not be more than one (I) evaluation and
review session during any calendar year.
B. Topics which may be discussed at any evaluation and review session include, but
are not limited to, rates, channel capacity, System performance, programming,
Cable Internet Service access, PEG access, local office, technology, trends in
industry, changes in the multichannel video business, municipal uses of cable,
Subscriber complaints, judicial rulings, FCC rulings and any other relevant topics
that may arise,
29
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
C. During an evaluation and review session, Grantee shall fully cooperate with the
City and shall provide without cost such reasonable information and documents as
the City may reasonably request to perform the evaluation and review.
D. If at any time during the evaluation and review, the City reasonably believes there
is evidence of inadequate technical performance of the Cable System, the City
may require Grantee, at Grantee's expense, to perform appropriate tests and
analyses directed toward such suspected technical inadequacies. In making such
request, the City shall describe and identify as specifically as possible the nature
of the problem. Grantee shall cooperate fully with the City in performing such
tests and shall report to the City the results of the tests, which shall include at
least:
(I) A description of the problem in System performance which precipitated
the special tests;
(2) The System component tested;
(3) The equipment used and procedures employed in testing;
(4) The method, if any, by which the System performance problem was
resolved;
(5) If the Grantees actions fail to properly identify and resolve the problem the
Grantor shall have the right to request alternative tests; and
(6) Any other information pertinent to said tests and analyses.
E. As a result of an evaluation and review session, Grantee and the City shall, in
good faith, review the terms of any proposed change and any proposed
30
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
amendment to this Franchise Agreement and seek to reach agreement on such
change or amendment.
F. The City and Grantee shall act in good faith during such negotiations and shall be
obligated to agree to the reasonable requests of the other party for changes in the
System or amendment to the Franchise Agreement when the change or
amendment: is not inconsistent with the other terms of the Franchise Agreement
or with applicable law or regulations, and; is technically feasible and
economically reasonable, and; will not result in a material alteration of the rights
and duties of the parties under the Franchise Agreement.
4.4 Emergencv Alert Capabilitv.
Grantee shall at all times comply with the FCC's Emergency Alert System rules and
regulations. In the event the FCC rules are repealed then the Grantee shall, within 90
days of a request from the City, provide the City with the capability to override the audio
on all channels for the purpose of cablecasting emergency announcements.
4.5 Closed Captioning and Descriptive Audio Service.
Grantee will make audio descriptive service and closed captioning capabilities available
to the extent required by state and federal law .
4.6 Parental Control Lock.
Upon the request of a Subscriber, Grantee shall provide Subscribers a device by which
the Subscriber can prohibit viewing of a particular cable service during periods selected
by that Subscriber. Such device shall be provided for sale or lease at a reasonable charge
unless otherwise required under applicable federal law. The Grantee may in all instances
impose a reasonable security deposit requirement for the use of such devices.
31
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
4.7 HDTV/ATV Conversion.
Conversion to High Definition Television/Advanced Television (HDTC/ATV) formats
shall occur in accordance with applicable law.
4.8 Right ofInspection.
Subject to protection of Subscriber privacy, City shall have the right to inspect all
construction, reconstruction or installation work performed by Grantee under the
provisions of the Franchise and its general police powers, to ensure Grantee's compliance
with the Franchise and to protect the public health, safety and welfare of City's citizens.
Except in emergency situations, City shall provide Grantee with reasonable advance
notice and Grantee shall have the right to be present at such inspection.
SECTION S. SERVICES AND PROGRAMMING
5.1 Programming.
A. Broad Programming Categories. Grantee shall provide or enable the provision of
at least the following Initial broad categories of Programming, unless otherwise
required by state or federal law:
(I) Educational programming;
(2) News & information;
(3) Sports;
(4) General entertainment (including movies);
(5) Children/family-oriented;
(6) Arts; culture and performing arts;
(7) Spanish Language;
(8) Science/documentary;
32
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
(9) Weather information;
(10) Government affairs; and
(II) BusinessIFinancial Programming.
B. Deletion or Reduction of Programming Categories.
(I) Grantee shall not delete or change the miX, level, or quality of
programming and services, or so limit as to effectively delete any broad
category of Programming identified in Section 5.I.A and within its control
without complying with the modification procedures required under
federal law, including notice requirements.
(2) Any modification proceeding shall be in accordance with applicable law.
5.2 Leased Commercial Access.
Grantee shall make available to the public in a manner consistent with 47 U.S.C. g532
and associated FCC Rules and Regulations, a Channel or portion of a Channel of the
Cable System for commercial use by Persons other than Grantee, for a fee or charge
5.3 Annual Reports.
This Section shall supercede the applicable Annual Report requirement of the Master
Ordinance.
A. Upon request, Grantee shall make available to Grantor, at the end of each calendar
year during the term of a Franchise Agreement, the following:
(I) A revenue statement certified by a representative of the Grantee showing,
in accordance with a Franchise Agreement, the Gross Revenues of the
Grantee for the preceding fiscal year;
33
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
(2) A current list of names and addresses of each officer and director and other
management personnel of the Grantee;
(3) A copy of all documents that relate to the Grantee's System that were filed
with any federal, State, or local agencies during the preceding fiscal year
and that were not previously filed with Grantor;
(4) A statement of the Grantee's current billing practices and charges;
(5) A copy of the Grantee's current Subscriber Service contract; and
(6) A copy of Annual Reports to stockholders, if any, for operating company
and parent company.
B. All of the above information shall not be required annually unless there is a
change after the first filing.
SECTION 6. SUPPORT FOR LOCAL CABLE RELATED NEEDS
6.1 Institutional Network.
A. Grantee shall provide two (2) strands of dark fiber between those sites listed on
Exhibit "B" and the nearest existing City fiber cable route (the "I-Net") within
t'lieHty fear (2~) HieHtlls eft-he EffeetiY8 Date twelve (12) months of the Effective
Date. All splicing (at both those sites listed on Exhibit "B" and at the nearest
existing City fiber cable) shall be the responsibility of the City. Grantee shall
provide up to two (2) strands of dark fiber to other sites upon the City's request
and at the City's cost for time and material, including overhead, up to a total of
twenty (20) strand miles. Under this provision. Grantee will extend bevond its
existing fiber to the extent additional sites mav be crucial to Citv.
34
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
B. Grantee shall maintain the continuity of the I-Net fiber up to the demarcation
point at each site. The demarcation point shall be defined as the "pigtail" point
(consisting of a loop of fiber not to exceed one hundred fifty (150) feet) of the
Grantee's fiber strands at each of the points described more fully at (A) above.
There will be one (I) demarcation point at each of the sites listed in Exhibit "B"
and a corresponding demarcation point at the nearest existing City fiber.
C. The City shall be responsible for any and all connections between the demarcation
point and the City locations and for providing any and all equipment necessary to
light or to otherwise use the I-Net.
D. Any and all customer premise equipment shall be the sole responsibility of the
City. Grantee shall have no obligation with respect to any customer premise
equipment.
E. The I-Net shall be operated and utilized by the City as a closed-circuit system.
The I-Net shall not be used to transmit or receive any communication (in
whatever form, whether video, audio, data, voice or otherwise) destined to or
originating from any other network, switched or otherwise, including without
limitation the facilities of any local or long-distance telephone company except on
terms and conditions acceptable to the City and Grantee. In the event the City
does use the I-Net to transmit or receive any communication destined to or
originating from any other network (switched or otherwise) without the express,
written agreement of the Grantee, then the Grantee may pursue any and all
remedies available to the Grantee under applicable law including, but not limited
to, terminating the I-Net or imposing a usage fee pursuant to paragraph "J" below.
35
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
to, terminating the I-Net or imposing a usage fee pursuant to paragraph "K"
below.
F. The City and the Grantee recognize and understand that the lighting of the dark
fiber and the subsequent use of the I-Net may subject the Grantee to increased
fees or taxes including, but not necessarily limited to, pole attachment fees. The
City shall indemnify and reimburse the Grantee for any increased fees or taxes
incurred by the Grantee due to or arising out of the City's use of the I-Net.
G. The City shall indemnify, defend and hold the Grantee harmless for any action
arising out of or due to the City's use of the I-Net.
H. Because Grantee owns the I-NET between demarcation points, the City shall not
convey, lease, assign, sublet, sell or dispose of the I-Net or related capacity, in
whole or in part, in any way to any Person. The I-Net and related capacity is for
the City's exclusive, non-commercial governmental use for the duration of the
Franchise.
I Except as provided in paragraph "E" above, the City shall not be subject to a
usage fee of the I-Net, so long as any other franchised cable operator is meeting
its I-Net requirements, as those requirements existed as of the date of the
Franchise. In the event any other franchised cable operator is not meeting its 1-
Net obligations, the Grantee may, following sixty (60) days notice to the City of
such failure and the City's failure to rectify the disparity, impose a usage fee
pursuant to paragraph "J" below.
J. In the event a usage fee is imposed hereunder the usage fee shall be paid for the
usage of the I-Net capacity and maintenance of outside plant. The usage fee will
36
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
be equal to the average rate charged by at least three (3) land-line providers in the
City for equivalent capacities of bandwidth being provided on the I-Net (the
"Average Rate"). If there are only two (2) providers in the City, the usage fee will
be an amount equal to the Average Rate offered for identical services by the two
(2) providers. If there is only one provider in the City, the usage fee will be an
amount equal to the rate for identical services offered on a non-discriminatory
basis by the provider. The usage fee will be adjusted annually to reflect changes
in the City. The usage fee shall never be less than Grantee's cost.
K. To the extent that the Grantee offers its own cable modem service, the Grantee
shall make such service available to any City owned facility, otherwise receiving
Cable Service from the Grantee, at a rate equal to twenty percent (20%) off the
applicable commercial rate card rate charged by Grantee. The City's use of the
service shall be subject to the same terms, conditions and limitations placed on all
commercial customers.
6.2 Public. Educational and Governmental Access.
A. Access Channels. Grantee shall offer the following channels to each of its
Subscribers as part of the Basic Service.
(I) Public Access - Two (2) specifically designated Channels for
non-commercial public access use.
(2) Local Educational Access - One (1) specifically designated Channel for
non-commercial local educational access use by City-designated users.
(3) Government Access - One (I) specifically designated Channel for non-
commercial use by the City.
37
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
B. Additional Access Channels. Upon demonstration that an Access Channel is in
use with locally produced audio-video programming (not character-generated
programming) during the weekdays (Monday-Friday), for seventy-five percent
(75%) of the time, twenty-four (24) hours per day for twelve (12) consecutive
weeks, and there is a request or demand for use of an additional Channel for the
same purposes, Grantee shall, upon receipt of written request from the City, have
six (6) months in which to provide an additional Access Channel dedicated for the
same purpose, provided that the provision of such additional Channel(s) shall not
require the Grantee to install Converters. In calculating use of the Public,
Educational and Governmental programming:
1. Character generated programming shall not be included.
2. For Public and Educational Access programming purposes repeat
programming shall not be counted.
3. For Government Access programming purposes, repeat
programming shall be counted only in the first week of the original
cablecast for weekly programming up to a maximum of three (3)
airings; and only in the first month of the original cablecast for
monthly programming up to a maximum offour (4) airings.
4. For Public, Educational and Government Access programming
purposes, only Locally Produced Programming shall be counted.
}Jet\\>itkstanEiiRg an.-ytkiRg te tke 6E1Rtrary, HEl\v0T.'er, BEl mere t.Ran t..VO (2)
6aarJlels shall ee }Rase 8.Yailal31e fef Pablie ~'\eeess ana Be mere than a t0t8.1 sf sin
(8) e:kar...nels skalll3e maae aT:ailal31e fur PEG ~'\.66ess e0J:Rsiaes. Under the above
38
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
conditions. the number of channels available for Public Access can be increased
from two channels to three channels. and UP to three channels can be made
available for Educational and Government Access combined; provided that. in no
event can more than a total of six channels be made available for all PEG Access
combined.
C. Unused Channels. If demand for use of the PEG Access Channels does not
warrant activation or continuation of all such Channels, Public and Educational
Access programming may, upon the written approval of the City, be combined on
one or more Channels.
D. Non-Commercial Programming. The Public Access channels provided under this
Section 6.2 shall be used exclusively for Locally Produced Programming and no
PEG Access Channel shall contain any Commercial Programming.
E. Transition. For ninety (90) days following the Effective Date (the "Transition
Period"), the Grantee shall continue to provide scheduling and playback for the
Public and Government Access Channels. In addition, during this Transition
Period the Grantee shall also provide a playback schedule and duplicate of tapes
for playback of Public Access programming for use by other franchised cable
operators in the City. The City shall reiHiBHfse pavor cause the other cable
operators to pav Grantee bv the fifteenth of each month one thousand dollars
($1,000.00) per month for each franchised cable operator (other than the Grantee)
for the services provided by the Grantee during this Transition Period. After the
ninety (90) day Transition Period, Grantee shall be relieved of any and all
responsibility for the operation of the Public and Government Access Channels,
39
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
other than the playback of tapes submitted to the Grantee, consistent with the
Rules and Procedures for Public Access Cablecasting set forth in Exhibit "A" of
the Master Ordinance. Notwithstanding anything to the contrary, the Grantee shall
be relieved of any and all responsibilities for Public and Government Access,
including playback services, in the event any other franchised cable operator is
not cablecasting all PEG access programming within thiFtj" (39) one hundred and
twenty (120) days of the Effective Date. However. Grantee shall continue to meet
its responsibilities for Public and Government Access in the event Citv has
initiated and is activelv pursuing default and revocation proceedings against other
franchised cable operators.
G. Capital Support for GOyeffiHi8flt Access. Upon the Effective Date, the Grantee
shall make a one-time grant in the amount of two hundred thousand dollars
($200,000.00) for Government Access equipment and facilities (not for operating
expenses or support). OR er llefere the seyenth ar.ni,,'ersary of the Effeeiive Date,
the GF!lntee shall make a olle time gFllflt effifty thetlsana 8ellElfs ($59,990.90) for
the same llliFfleses. Grantee shall pav to Citv fifteen (15) pavments of three
thousand five hundred dollars ($3.500.00) at the beginning of each vear during the
term of this Franchise beginning in vear one (1) for additional Public Access
equipment and facilities. The City shall provide Grantee with documentation that
the monies so granted have been used for their designated purpose or are being
held in reserve. The Grantee shall be entitled to a credit on a future franchise fee
payment in the event the City expends the funds granted for uses or purposes not
related to Ge\"8f1lIBeat Access equipment or facilities.
40
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
H. Donation of Equipment. Grantee shall donate to the Citv certain editing and
production equipment utilized bv it in a studio facilitv at the time of renewal of its
franchise and this Franchise Agreement. Grantee and Citv acknowledge that a list
has been provided bv Grantee to the Citv which includes all of the equipment
items. the age of the equipment. and its replacement cost. The donation will be
without charge to the Citv and Citv and Grantee will work together to accomplish
the transfer of all of such equipment to the Citv.
I. Access Channel Designations. The location of the PEG Access Channels shall
not be changed without sixty (60) days notice to the City.
J. Ad Avail Grants. Grantee shall provide the City with up to one thousand two
hundred (1,200) ad avail spots each year at the Grantee's lowest unit cost for run
of schedule placement. The ad avails will be on a "run of schedule" basis and
shall appear on Channels used by Grantee for local advertising. Grantee reserves
the right to reject advertising consistent with its existing advertising standards.
K. Technical Oualitv. Grantee shall insure that all PEG Access channels meet the
technical standards of the FCC; provided, however, the Grantee shall not be
responsible for defects, flaws or other impairments in the programming delivered
to the Grantee.
6.3 Drops to Public Buildings.
Grantee shall provide installation of one (1) cable Drop, and one (I) outlet, provide
monthly Basic Cable Service, without charge, to administrative buildings owned and
occupied by the City, and K-12 state accredited schools, with the drop length not to
exceed one hundred and fifty (150) feet. For all other locations where the drop length
41
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
exceeds one hundred fifty (150) feet, the requesting entity shall pay the additional
incremental costs of time and material for such drop beyond the cost of a one hundred
and fifty (150) feet drop. At such a public institution's request, the institution may add
outlets at its own expense, as long as such installation meets the Grantee's standards.
Notwithstanding anything to the contrary, Grantee shall, upon written request of the City,
provide one (1) free drop to the Airport Facility and one (1) free drop to the
Administrative Office at the Marina, and provide Basic Cable Service without charge.
6.4 Use of Grantee's Facilities.
Subject to any applicable state or federal regulations, the City shall have the right to
install and maintain, upon the poles and within the underground pipes and conduits of
Grantee, any wires and fixtures desired by the City for municipal purposes. Provided,
however, that (a) such use by Grantor does not unreasonably interfere with the current or
future use by Grantee; (b) such use by Grantor is restricted to non-commercial municipal
purposes; and (c) Grantor takes reasonable precautions to prevent any use of Grantee's
facilities in any manner that results in an inappropriate use thereof, or any loss or damage
to the Cable System; and (d) the Grantor and Grantee agree upon the terms and
conditions, including reasonable compensation for such use. For the purposes of this
subsection, "municipal purposes" includes, but is not limited to, the use of the structures
and installations for Grantor fire, police, traffic, water, telephone, and/or signal systems,
but not for Cable System purposes in competition with Grantee. Grantee shall not deduct
the value of such use of its Facilities from its Franchise Fee and/or other fees payable to
Grantor.
42
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
SECTION 7. REGULATION
7.1 Franchise Regulation.
Except as otherwise provided in this Franchise Agreement, the Franchise renewed herein
shall be subject to regulation by City in accordance with all of the lawful provisions of
the Master Ordinance.
7.2 Force Majeure.
In accordance with the Master Ordinance, in the event Grantee's performance of any of
the terms, conditions, obligations or requirements of this Franchise Agreement or Master
Ordinance is prevented or impaired due to any cause beyond its reasonable control or not
reasonably foreseeable, such inability to perform shall be deemed to be excused and no
penalties or sanctions shall be imposed as a result thereof. Such causes beyond Grantee's
reasonable control or not reasonably foreseeable shall include, but shall not be limited to,
acts of God, civil emergencies and labor unrest or strikes, untimely delivery of
equipment, inability of Grantee to obtain, without cost, access to an individual's property,
and inability of Grantee to secure all necessary permits to utilize utility poles and conduit
so long as Grantee made all reasonable efforts to ensure that required equipment, parts,
components, personnel and proprietary activity was ordered, hired, paid for, scheduled,
checked, approved and/or facilitated.
7.3 Severabilitv.
If any material Section of this Franchise Agreement is held by a governmental authority
of competent jurisdiction, to be invalid or unlawful as conflicting with applicable laws
now or hereafter in effect, or is held by a court or competent governmental authority to be
modified in any way in order to conform to the requirements of any such applicable laws,
43
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
such provision shall be considered a separate, distinct, and independent part of this
Ordinance, and, to the extent possible, such holding shall not affect the validity and
enforceability of all other provisions hereof.
7.4 Amendments.
This Franchise Agreement may be amended only by the mutual consent of the City and
Grantee. Any amendment must be in writing and executed by the City and Grantee.
IN WITNESS WHEREOF, City and Grantee have executed this Franchise the date and year first
above written.
CITY OF CORPUS CHRISTI, TEXAS
By:
Date:
ATTEST:
Armando Chapa, City Secretary
(SEAL)
TEXAS CABLE PARTNERS, L.P.
By:
(Corporate Seal)
STATE OF TEXAS
Date:
)
44
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
COUNTY OF NUECES
) ss.
)
The foregoing instrument was acknowledged before me on , 2002, by
, the of the City of Corpus Christi, a Texas municipal
corporation, on behalf of said corporation.
Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF
)
) ss.
)
The foregoing instrument was acknowledged before me on , 2002, by
, the of Texas Cable Partners, L.P., a Texas limited
partnership, on behalf of said partnership.
Notary Public, State of Texas
45
~
"
0;
f-
"
"0
f-
u:
~
""
u:
~
""
u:
~
""
:if-
~
f-o "
.
~ .0 u: u:
s ~ ~
.
a "" ""
.
'" en
gj -<
f-o
0 -
-< t:Q
-
...:l ::r:
~ :x: :if-
'" ~
'"
Z ~ u: u:
gj ~
= ~ ~
..
=
00( "" ""
'"
r/1
-
::r:
u
~
'" :if-
r/1 ~
~
'" ... u: u:
~ -; ~ ~
., "" ""
-<
10-.
'" c~~:::E~i3~~:g "'" C "'- = ~ ~ E . "
. 01)-0 = ~ "0
...:l .9.- u....~ 11).2 <l) 0 0.- . on :~:a e
.... l::'- .- (..L, > lJ,. <l) ._ 0 > 0 = f-
t:Q 1$ f- 0 @ u
~<l)~ c3~~g[;5 " on U ~ 0 0.." u " on
-< t1~Ul :E~j~ o::.s &: '" = '" 00( ~ .~
.... '" " .. ~ "
u c'- .... (), u ~"€ Li " "- 'j;
- [Q ~ [;5 ~ .~ 00( '" > e "
1J:lQ... Q:;Q..:::E u " " f- ~ "
r/1 '" olI ~ .... '" >
~ ...r; 0 0 en :z ~ ~ .:; ~
~~~ f- == en :i 00( u 00(
Q U J: 0 "Ii ~
;z ;z f- =
~ u 0 e-
f-o ~ > f- 0
r.:> CI u
'"
'-0
'<t
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
EXHIBIT B
I-NET SITES
Franchise Renewal - 30 Fiber Locations
Sites
1 1. City Hall
2 3. Airport
3 6. Northwest Branch Library
4 9. Vector Control
5 11. Fire Station #3
6 12. Fire Station #10
7 13. Del Mar West
8 17. Police & Municipal Court
9 18. Ovean Williams Sr. Center
10 19. Morgan/Elizabeth
11 20. Staples/Carmel
12 21. Convention Center
13 23. Del Mar East Computer Room
14 24. Gas Department
15 25. Fire Station #6
16 26. Fire Station #8
17 27. Service Center
18 28. Flour Bluff Clinic
19 29. Williams Drive Clinic
20 30. WN Treatment Plant
21 32. Fire Station #14
22 33. Fire Station #11
23 35. Fire Station Rodd Field Road
24 36. Yorktown/Stapies
25 37. Natatorium Kostoryz/Saratoga
26 38. Oso Golf Course
27 39. Glen OkalWaldron
28 40. Cedar Pass/Everhart
29 41. Alameda/Ocean
30 43. Holly/Everhart
Demarcation Point #1
1201 Leopard
Hwy 44
3202 McKenzie
3041 Morgan
1401 Morgan
1550 Horne Rd
4101 Old Brownsville Rd
321 John Sartain
1414 Martin Luther King
Morgan/Elizabeth
1025 Carmel Pkwy
1901 N. Shoreiine
Baldwin/Ayers
4225 S. Port
6713 Weber
4639 Kostoryz
2525 Hygeia
1456 Waldron Rd
5805 Williams Dr
201 Jester
5901 S. Staples
910 Airline
2300 Rodd Field Rd
Yorktown/So Staples
3202 Cabiness Pkwy
5601 S Aiameda
Glen OaklWaldron Rd
Cedar Pass/Everhar Rd
Alameda/Ocean Dr
Holly/Everhart
47
CorrespondinQ Demarcation Point
City Hall To Convention Center
City Hall To Dei Mar West
City Hall To Del Mar West
City Hall To Del Mar West
City Hall To Del Mar West
City Hall To Del Mar West
City Hall To Del Mar West
City Hall To Del Mar West
City Hall To Convention Center
City Hall To Del Mar West
Service Center to Staples and Camel
City Hall To Convention Center
City Hall To Del Mar East
Service Center to Staple and Kostoryz
Service Center to Everhart
Service Center to Staple and Kostoryz
Service Center to Staple and Kostoryz
Service Center to Staples and Saratoga
Oso Golf to Airline to Holly
Service Center to Staples and Saratoga
Service Center to Staples and Saratoga
Oso Golf to Airline to Holly
Service Center to Rodd Field Rd & Holly
Service Center to Everhart
Service Center to Stapie and Kostoryz
Oso Golf to Airline to Holly
Service Center to Staples and Saratoga
Service Center to Everhart
Oso Golf to Airline to Holly
Service Center to Everhart
TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT
Nearest Existing City Fiber refers to one of the major fiber runs described below:
City Fiber Reference
(1) City Hall To Convention Center
(2) City Hall To Del Mar West
(3) City Hall To Del Mar East
(4) Service Center to Staple and Kostoryz
(5) Service Center to Everhart
(6) Service Center to Staples and Saratoga
(7) Service Center to Staples and Camel
Service Center to Rodd Field Road and
(8) Holly
(9) Oso Golf to Airline to Holly
48
Description
Lipan to Mesquite down Chapparral to Convention Center
Lipan to Alameda to Morgan to Airport down Old Brownsville Road to
Campus
Lipan to Alameda to Morgan to 10th Street down Ayers to Campus
East on Holly to Kostoryz north to Staples and Traffic Signal Box
East on Holly to Everhart and north to Coravo
East on Holly to Staples and south to Saratoga
East on Holly to Staples and North to Camel
East on Holly to Rodd Field Road
East on Holly to Airline to Oso Golf Course
Studio
Item Qty Cost Total Age
Audio 1 $800.00 $800.00 6 years
Cameras w/CCU and Cable 3 $18,000.00 $54,000.00 8 years
Cassette 1 $400.00 $400.00 12 years
CD Player 1 $400.00 $400.00 4 years
Editor Controller 1 $10,000.00 $10.000.00 7 years
Graphic Generator 1 $3,000.00 $3,000.00 6 years
InterCom System (4 headsets) 1 $4,500.00 $4,500.00 5 years
Monitors (quads b&w) 2 $800.00 $1,600.00 10 years
Monitors (14" Color) 2 $2,500.00 $5,000.00 6 yers
Monitors (9" Color) 2 $450.00 $900.00 5 years
1/2 vhs Player 1 $2.000.00 $2,000.00 8 years
3/4 player 1 $4,500.00 $4,500.00 7 years
3/4 Editor (Recorder) 1 $5,000.00 $5,000.00 4 years
TBC 3 $1,300.00 $3,900.00 12 years
Sync Generator 1 $3,000.00 $3.000.00 4 years
Misc. (microphones, stand.cable 1 $3,000.00 $3,000.00 6 years
Racks w/console 5 $825.00 $4.125.00 12 years
Kilgel "Scoops" (1000 watts) . 4 $300.00 $1.200.00 15 years
Kilgel "Fernels" (750 watts) . 3 $250.00 $750.00 15 years
Backlights (650 watts) . 3 $150.00 $450.00 15 years
Studio Sub-Total $108,525.00
Editing Room
Item Qty Cost Total Age
Editing controller 1 $1.500.00 $1,500.00 8 years
Character Generator 1 $8.000.00 $8.000.00 11 years
Character Generator Encoder 1 $2.000.00 $2.000.00 11 years
13" color monitor 1 $880.00 $880.00 5 years
9" BIW monitor 2 $250.00 $500.00 8 years
1/2" player 1 $2,500.00 $2,500.00 8 years
SVHS 1/2" Editor 1 $5,000.00 $5,000.00 3 years
AudioNideo Mixer 1 $5.000.00 $5,000.00 8 years
Audio Cassette Player/Recorder 1 $200.00 $200.00 7 years
3/4" VCR 1 $5.000.00 $5.000.00 8 years
CD Player 1 $200.00 $200.00 8 years
Racks w/console 2 $825.00 $1,650.00 8 years
Editing Room Sub-Total $32,430.00
Equipment Check-Out
Item Qty Cost Total Age
VHS Camcorder 3 $600.00 $1,800.00 4 years
Tripods 3 $400.00 $1,200.00 8 years
Hand microphones 3 $90.00 $270.00 8 years
Lapel microphones 3 $230.00 $690.00 8 years
3 light kit 3 $780.00 $2,340.00 8 years
Mic stands w/boom arm 3 $150.00 $450.00 8 years
Assorted cables, plugs, accessories 1 $200.00 $200.00 N/A
Total
$525.00
$7,475.00
$148,430.00 I
Microphone mixer
1 $525.00
Check Out Sub-Total
. Lights are not self-supporting and require commercial electrical powering.
,.",,'
". ~ ....., ~ \ ~ '
._' (,,-.~;;\,:,~\\ \1,....
. ,~' f' ...:.':\"- 0"~'
\.. \'J .\,. n'
, ,> 1',..,.,1"'\. -',.'
,n ,1'....
..., ~,' \,~~, ~.
State of Texlis ~ -" }
County of Nueces } ss:
PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHRISTI
Ad # 4204523
PO #
Before me. the undersigned, a Notary Public, this day personally came Diana
Hinojosa. who being first duly swom. according to law, says that she is Credit
Supervisor of the Corpus Christi Caller-Times, a daily newspaper published at
Corpus Christi in said City and State, generally circulated in Aransas, Bee,
Brooks, Duval, Jim Hogg, Jim Wells, Kames. Kenedy. Kleberg, Live Oak,
Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the
publication of. NOTICE OF PASSAGE OF ORDINANCE ON which the annexed
is a tme copy, was inserted in the Corpus Christi Caller-Times and on the World
Wide Web on the Caller-Times Interactive on the 26TH day(s} of MAY. 2002.
ovrl. No. Q:<-4qg~ (!~k~ ~ 5~;Z(-Ol;
$131.03 ~YLl -- 0 ~M-OiJ
.6L'Q./LCL (fj Uu~.s~
Credit Supervisor
1WO (2 } Time(s}
Subscribed and swom to me on the date of
MAY 27, 2002.
G?024 'fY/1lf2Lil ~
Notary Public, Nueces County, Texas
ROSA MARlA FLORES
Print or Type Name of Notary Public
My commission expires on 04/23/05.
FIICo~ Christi Caller-Tomes, Sunday, May 26,_ 2002
! NOTICE OF PASSAGE
OF ORDINANCE ON
. FIRST READING On
. May 21. 2002. the. City
/' Council of the City of
, Corpus Christi, Texas
I' appro_ved on - first
reading _ an ordinance
granting a _flftee~r I
franchise to Texas I
Cable Partr\erS loe
(Time Warner)
pursuant 10 Article lX
Section 1 of the atY
Charter. The_
IoforthepuIP<!MoI
providing cable
television system - and
faclltties within the CIty
Quarterly paymentS
shall be made to the
City for the use of
public streets BAd
ways which shall be
equal to 5% of the
gross' revenues. The
franchises also provide
for customer servict
standards
j ndamnlflcation'
I in,uranc., security
fund, s'ystem
capabilities
performance review:
broad programmlna.,
categones, U.. of
facilities for City
purposes, access
cHannels, grant for
government access
facilitIes, and ~ted
matters, all as
contained in the
franchise, a copy of
which is 8vailab'e for
inspocllon In the oIftce
oI""'Cily~.
/elA~.~
Cily .
CIIv 01 CorpuO_9LJ
FIHMiCE OEPARH1un
02 JUl -S PM 12: I ~
PUBLISHER'S AFFIDAVIT
State of Texas
County of Nueces
ss:
CITY OF CORPUS CHRISTI
Ad # 4238799
PO #
Before me, the undersigned, a Notary Public, this day personally came Diana
Hinojosa, who being first duly sworn, according to law, says that she is Credit
Manager of the Corpus Christi Caller-Times, a daily newspaper published at
Corpus Christi in said City and State, generally circulated in Aransas, Bee,
Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak,
Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the
publication of, NOTICE OF PASSAGE OF ORDINANCE ON which the annexed
is a true copy, was inserted in the Corpus Christi Caller-Times and on the World
Wide Web on the Caller-Times Interactive on the 30TH day(s) of JUNE. 2002.
OvcL (}JO. (0 l4 q 'l(
$135.56
bLctIl.a- (fj tM.~.s~
Credit Manager
TWO (2 ) Time(s)
Subscribed and sworn to me on the date of
JULY 01. 2002.
ex (Mgj "fnaIJAA'A ~
Notary Public, Nueces County, Texas
ROSA MARIA FLORES
Print or Type Name of Notary Public
My commission expires on 04/23/05.
Sunday. June 30. 2002