HomeMy WebLinkAbout1989-18 Town of Vail Cable Television Franchise Ordinance
TOWN OF VAIL CABLE TELEVISION FRANCHISE ORDINANCE
TABLE OF CONTENTS
PARAGRAPH TITLE
1. Cable Communications Ordinance
2. Purpose
3. Applicability
4. Definitions
5. Requirement of a Franchise
6. General Franchise Characteristics
7. Franchise as a Contract
8. Conflicts
9. Franchisee Subject to Police Power
10. Franchise Validity
11. Filing of Applications
12. Content of Applications
13. Consideration of Applications
14. Acceptance
15. Franchise Term
16. Franchise Fee
17. Insurance, Bonds, Indemnity
18. Letter of Credit
19. Liquidated Damages
20. Forfeiture and Termination
21. Insolvency
22. Removal of Cable Communications System
23. Subscriber Fees and Rates
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HERITAGE CABLEUISION and TOWN OF VAIL
FRANCHISE AGREEMENT
TABLE OF CONTENTS (page 2)
PARAGRAPH TITLE ~ PAGE N0.
23. Waiver 19
24. Cumulation of Remedies 19
25. Compliance with Federal, State, and Local Laws 19
25. Notices 20
27. Captions 20
28. Company shall Hold Town Harmless 20
29. Time is of the Essence 20
30. Construction of Agreement 2O
31. No Joint Venture 21
32. Entire Agreement 21
33. Severabiiity 21
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TOWN OF URIL CABLE TELEVISION FRANCHISE ORDINANCE
TABLE OF CONTENTS (page 2)
PAR,4GRAPH TITLE
24. Reports
25. Records Required
26. Filings
27. Service Calls and Complaint Procedures
28. Service to Subscribers
29. Leased Access
30. Public Drops
31. Lock Out Device
32. Protection of Subscriber Privacy
33. Construction and Installation Work
34. Location of Structures, Lines and Equipment
35. Replacement of Paving
36. Alteration of Streets by Town
37. Trimming Trees
38. Temporary Move of Cables
39. Refunds and Service Terminations
40. Service Rrea
41. Continuity of Service
42. Transitional Operation
43. Periodic Reevaluation and Renegotiations
44. Theft of Services and Tampering
45. Renegotiation
46. Severabi1ity
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ORDINANCE NO. 18
Series of 1989
TOWN OF VAIL CABLE TELEVISION FRANCHISE ORDINANCE.
1. This chapter shall be known as the Cable Communications Ordinance.
2. PURPOSE
The purposes of this ordinance are:
a. Provide for the franchising and regulation of cable television within
the Town of Vail.
b. Provide for a cable communications system that will meet the current
needs of the Town and that can be improved and upgraded to meet future needs.
c. Provide for the payment of fees and other valuable consideration to
the Town for the use of the public ways and for the privilege to construct and
operate cable communications systems.
d. Provide for the regulation by the Town of certain rates to be charged
to subscribers for certain cable communications services, as permitted by law.
e. Provide for the development of cable communications as a means to
improve communication between and among the members of the public and public
institutions of the Town.
f. Provide remedies and prescribe by penalties far violation of this
ordinance and any franchise granted hereunder.
3. APPLICABTLITY
This ordinance is applicable to any application for a cable franchise filed
on or after the effective date of this ordinance and to any such franchise granted
thereafter.
4. DEFINITIONS
F'ar the purpose of this ordinance the following terms, phrases, words and
the derivations sha11 have the meanings given herein. When not inconsistent with
the context, words used from the present tense include the future, words in the
plural number include the singular and words in the singular number include the
plural number. The word shall is mandatory and the word may is permissive. Words
not defined shall be given their common and ordinary meanings.
a. "Access channel" shall mean any channel set aside for public use,
educational use, or governmental use without a channel use charge.
b. "Access user" shall mean any person or entity entitled to make use of
an access channel cansistent with the intended purpose of the channel.
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c. "Application" shall mean a proposal seeking authority to construct and
operate a cable communications system within the Town pursuant to this ordinance.
It shall include the initial proposal plus a]1 related subsequent amendments and
correspondence with the Town.
d. "Basic service" shall mean subscriber cable television services which
includes the delivery of local television broadcast signals as required by the FCC,
acress r.hanneis,~lease channels and local origination channels as covered by the
regular monthly charge paid by all subscribers to any service tier excluding premium
services, two way services, and FM radio services.
e. "Cable television services" shall mean the one way transmission of
video programming and associated non-video signals to subscribers together with
subscriber interaction, if any, which is provided in connection with the video
programming.
f. "Cable communications system" nr system shall mean a non-broadcast
facility consisting of a set of transmission paths and associated signal generation,
and reception and control equipment, under common ownership and control, that
distributes or is designed to distribute to public subscribers cable television
services, institutional services, or other communications services, but such terms
shall not include:
1) A facility or combination of facilities that serves only to
retransmit the television signals of one or mare television broadcast signals;
2} A facility or combination of facilities that serves nnly
subscribers in one or more multiple unit dwellings under common ownership, control,
or management, unless such facility or facilities use any public right-of-way;
3) A facility of a common carrier which is subject, in whole or in
part to the provisions of Title II of the Communications Act of 1934, as amended;
except that such facility shall be considered a cable system [other than for the
purposes of 47 U.S,C. 541(c}] to the extent such facility is used and the
transmission of video programming directly to subscribers; or
4) Any facilities of an electric utility used solely for operating
its electric utility system.
g. "Town" is the Town of Vail, Colorado.
h. "Channel" shall mean six (6) Megahertz {Mhz) frequency band which is
capable of carrying either one standard video signal, a number of audio, digital or
other non-video signals or some combination of such signals and which is at least
six (6) Mhz wide.
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i. "Connection" shall mean the attachment of the drop to the radio or
television set nr other communication device of the subscriber.
j. "Converter" shall mean an electronic tuning device which converts
transmitted signals to a frequency which permits the reception on an ordinary
television receiver.
k. "Council" or "Town Council" shall mean the governing body of the Town
of Vail.
1. "prop" shall mean the cable that connects a subscriber's terminal to
the nearest feeder line of the cabie communications system.
m. "Easement" shall mean a right to use all public rights-of-way
including public utility easements.
n. "Feeder line" shall mean the coaxial or fiber optic cable running from
the trunk line to line extenders and taps for the purpose of interconnection to
individual subscribers.
o. "FCC" shall mean the Federal Communications Commission.
p. "Gross revenue" shall mean all operating revenue from the cable
communications system derived directly or indirectly by a Franchisee, its
affiliates, subsidiaries, parent, and any person in which the Franchisee has a
financial interest in association with the provision of cable communications
services with the Town, including but not limited to, service tier monthly fees, pay
service fees in excess of programming vendor fees, institutional service fees,
installation and reconnection fees, leased channel fees, converter rentals, studio
rental, production equipment and personnel fees, advertising revenues, copyright
fees; provided, however, that this shall not include any taxes an services furnished
by the Franchisee payable to the State of Colorado or any other governmental unit
and collected by the Franchisee on behalf of said governmental unit, or any revenues
from the provision of cable communications services outside the Town, or any
revenues from sale of capital assets or lease of property for purposes unrelated to
cable communications system.
q. "Installation° means the act of connecting the system from the feeder
cable to the subscriber's receiver so that the installation is to the subscriber's
terminal or receiver.
r. "Institutional services" shall mean one and two way non-entertainment
transmission services for businesses, public agencies and community institutions.
Such services include, but are not limited to, video transmission and voice and data
communications.
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s. "Leased channel" or "leased access channel" shall mean any channel or
part of a channel, available for commercial use on a fee basis by persons or
entities ether than a Franchisee.
t. "Franchise" shall mean the non-exclusive right and authority to
construct, maintain, and operate a cable communications system through use of the
public streets, dedications, public utility easements, or other public right-of-way
or public places in the Town pursuant to a contractual agreement executed by the
Town and a Franchisee.
u. "Franchisee" or "Grantee" refers to an entity authorized to construct,
or operate, or both, a cable communications system within the Town pursuant to this
chapter including any lawful successor, transferee, or assignee of the original
Grantee.
v. "Monitoring" shall mean observing a communications signal carried on a
cable communications system, or the absence of such a signal, by any person without
regard to whether such observation is by visual or electronic means. Monitoring
shall not include system-wide sweeps of the cable communications system for purposes
of verifying the integrity of the system and controlling return path of the
transmissions.
w. "Pay Television" shall mean the delivery over the system of per
channel audio-video signals to subscribers far a fee or charge in addition to the
charge for basic service.
x. "Person" shall mean any person, firm, partnership, association,
corporation, company, ar organization of any kind.
y. "Service tier" shall mean a specific set of cable subscriber services
which are made available as, and only as, a group for purchase by subscribers at a
specific rate for the group.
z. "Street" or "public way" shall mean the surface and the space below
and above any public street, road, highway, path, sidewalk, alley, court, or
easement now or hereafter held by the Town for the purpose of public travel or
public utilities and shall include public easements or rights-of-way.
aa. "Subscriber" shall mean a recipient of cable television service or
other services provided over a cable communications system.
bb. "User" shall mean a party utilizing a cable communications systems
facility for the purpose of production or transmission of material or information to
subscribers.
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5. REQUIREMENT OF A FRANCHISE
It shall be unlawful to construct, install, maintain, or operate a cable
communications system or part of a cable communications system within the Town
without a valid franchise obtained in accordance with the provisions of this
chapter.
6. GENERAL FRANCHISE CHARACTERI5TIC5
Any franchise issued in accordance with the provisions of this chapter
shall be deemed to:
a. Authorize use of the public ways for installing cables, wires, lines
and other facilities in order to operate a cable communications system, but shall
neither expressly nor implied be deemed to authorize the Grantee to provide service
to, or install cable, wires, lines, or any other equipment or facilities upon
private property without owner consent, or to utilize publicly or privately owned
utility poles or conduits without a separate agreement with the owners therefore;
b. Be non-exclusive, and shall neither expressly nor implied be deemed to
preclude the issuance of subsequent franchises to operate one or more cable
communications systems within the Town; and
c. Convey no property right to the Franchisee or right to renewal except
as required by Federal and State law.
7. FRANCHISE AS A CONTRACT
A franchise issued pursuant to the provisions of this chapter shall be
deemed to constitute a contract between the Franchisee and the Town. The Franchisee
shall be deemed to have contractually committed itself to comply with the terms,
conditions, and provisions of the franchise documents, and with all rules, orders,
regulations, and determinations applicable to the franchise which are issued,
promulgated, or made pursuant to the provisions of this chapter.
8. CONFLICTS
a. All terms, conditions and provisions of this chapter and the
application for a franchise shall be deemed to be embodied in a franchise, and
conflicts in terms, conditions or provisions between these documents shall be
resolved as follows:
1) The express terms of this chapter shall prevail over conflicting
or inconsistent provisions of the franchise;
2) The express terms of the franchise shall prevail over conflicting
or inconsistent provisions in the application and any request for proposals; and
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3) The express terms of any request for proposals sha11 prevail over
conflicting or inconsistent provisions in the application far the franchise.
b. The provisions of the franchise shall be liberally construed in order
to effectuate its purposes and objectives consistent with this chapter and the
public interest. In the event one or more provisions of the franchise ar this
chapter or subsequently found to be unlawful, null and void or unenforceable, the
Town shall, at its sole option, have the right to consider said provisions severed
from the franchise so as to continue the franchise's effectiveness, in accordance
with the terms of this chapter. Any franchise agreement will be construed under the
laws of the State of Colorado.
9. FRANCHISEE SUBJECT TO POLICE POWER
A Franchisee shall, at all times during the life of a franchise, be subject
to all lawful exercise of the police power by the Town and through such lawful
regulations as the Town shall hereafter enact. The construction, operation, and
maintenance of the system shall also be in full compliance with all other applicable
rules and regulations now in effect or hereafter adopted by the United States, the
State of Colorado, or any agency of said governments.
10. FRANCHISE VALIDITY
A Grantee shall agree, by the acceptance of a franchise, to accept the
validity of the terms and the conditions of this nrdinance and the franchise in
their entirety and that the Grantee will not, at any time in any claim ar
proceeding, challenge any term or provision of this ordinance or the franchise as
unreasonable or arbitrary or argue that the Town did not have the authority to
impose such term or condition.
11. EYEING OF APPLICATIONS
Applications for a cable communications franchise will be considered
pursuant to the following procedures:
a. An application may be filed at any time or pursuant to a request for
proposals issued by the Town.
b. Upon the filing of an application, the Town shall publish notice of
the filing in a newspaper of general circulation in the Town. Any person wishing to
submit any comment on the application shall, within fifteen (15) days of the date of
notice of the first application, file such comment with the Town Manager.
c. A11 applications to be acceptable for filing must be accompanied by a
filing fee of ten thousand sixty dollars ($10,060). The Town shall apply all filing
fees received against all costs associated with its evaluation of any pending
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applications pursuant to this chapter. In the event that total costs are less than
the total filing fees, the Town shall refund a portion of the filing fee an a
prorated basis for each Applicant within forty-five (4b) days after franchise
grant. The Town shall furnish applicant with documentation of all costs incurred at
that time.
i2. CONTENT OF APPLICATIONS
To be acceptable for filing, an application must conform to any applicable
request for proposals and all the information specified therein. Where an
application is not filed pursuant to a request for proposals shall contain at
minimum, the following information:
a. Identification of the ownership of the Applicant, if not a natural
person, including the names and addresses of all persons with one (1) percent ar
more ownership interest and the ultimate controlling natural persons and
identification of all officers and directors and any other primary business
affiliation of each.
b. An indication whether or not the Applicant, ar any entity controlling
the Applicant, including any officer of a corporation or a major stockholder
thereof, has been adjudged bankrupt, has had a cable franchise revoked, or been
found guilty by any court or administrative agency in the United States af:
1) A violation of a security or antitrust law; or
2) A felony or any other crime involving moral turpitude. Identify
any such person or entity and fully explain the circumstances.
c. A demonstration of the Applicant's technical and financial ability to
construct and operate the proposed cable facility.
d. A description of the physical facility proposed, including channel
capacity including one way and two way, if any, the area to be served, a summary of
technical characteristics, and head end and access facilities.
e. A description relating haw any construction will be implemented,
identification of areas having above ground or below ground cable facilities, the
proposed construction schedule, and a description where appropriate, indicating haw
service will be converted from any existing facility to a new facility.
f. A description of the services to be provided over the system,
including identification of television signals, both broadcast and non-broadcast, to
be carried and all non-television services to be provided initially. Where service
will be offered by tiers, identify the signals or services, or both, to be included
on each tier.
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g. The proposed rates ~o be charged, including rates for each service
tier, as appropriate, and charges for installation, converters and other services.
h. Information as necessary to demonstrate compliance with all relevant
requirements contained in this chapter.
i. A demonstration stating how the proposal is reasonable to meet the
future cable related community needs and interests. In particular, the application
should describe how the proposal will satisfy the needs as analyzed in any recent
community needs assessment commissioned by the Town.
j. A demonstration how the proposal was designed to be consistent with
all federal and state requirements.
k. Pro forma financial projections for each year of the franchise term.
The projections shall include a statement of income, balance sheet, statement of
sources and use of funds, and schedule of capital additions. All significant
assumptions shall be explained in notes or supporting schedules set accompanying the
projections.
1. A complete list of all cable communications systems in which the
Applicant or a principle thereof holds an equity interest.
m. An affidavit of the Applicant or duly authorized officer thereof
certifying, in a form acceptable to the Town, the truth and accuracy of the
information contained in the application.
n. In the case of an application by an existing Franchisee for renewed
franchise, a demonstration that said Franchisee has substantially complied with the
material terms of the existing franchise and with applicable law.
o. Any person who files an application with the Tawn for a cable
communications franchise shall forewith, at all times, disclose to the Town, in
writing, the names, addresses, and occupations of all persons who are authorized to
represent or act on behalf of the Applicant in those matters pertaining to the
application. The requirement to make such disclosure shall continue until the Town
shall have rejected an Applicant's application or until an Applicant withdraws its
application.
13. CONSIDERATION OF APPLICATIONS
a. The Tawn shall consider each application for a franchise with the
applications found to be acceptable for filing and in substantial compliance with
the requirements of this chapter and any applicable request for proposals. In
evaluating an application, the Town will consider, among other things, the
Applicant's past service record in other communities, the nature of the proposed
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facilities and services, including rates to be charged therefor, and whether the
proposal is adequate to meet the future cable related community needs and interests
of the citizens of the Town. Where the application is far a renewed franchise, the
Town shall consider whether:
1) The cable operator has substantially complied with the material
terms of the existing franchise and with applicable law;
2) The quality of the operator's service, including signal quality,
response to consumer complaints, and billing practices, but without regard to the
mix, quality, or level of cable services or other services provided over the system,
has been reasonable in light of community needs;
3) The operator has the financial, legal and technical ability to
provide the services, facilities and equipment as set forth in the operator`s
proposal; and
4) The operator`s proposal is reasonable to meet the future cable
related community needs and interests, taking into account the cast of meeting such
needs and interests.
b. Where the Town determines that an Applicant's proposal, including the
proposed service area, would serve the public interest, and may grant a franchise to
the Applicant. The franchise agreement will constitute a contract, freely entered
into, between the Town and the Grantee. Said franchise agreement shall incorporate
by reference the relevant provisions of this chapter. Any such franchise must be
approved by ordinance of the Town Council pursuant to the ordinances of the Town and
the Charter of the Tawn.
c. In the course of considering an application far renewed franchise, the
Council shall hold a public hearing, consistent with the provisions of 47 U.S.C.,
Section 626 as existing ar as may from time to time be amended.
d. A franchise granted pursuant to this chapter shall not take effect
until the Applicant pays a grant fee to the Tawn. The grant fee shall be equal to
the Town's reasonable direct casts in the franchising process, less the application
filing fee received. The Town shall provide to the Grantee a statement summarizing
such costs prior to the execution of the franchise.
].4. ACCEPTANCE
A franchise and its terms and conditions shall be accepted by a Grantee by
written instrument, in a form acceptable to the Town Attorney, and filed with the
Town Clerk within thirty (30) days after the granting of the franchise by the Town.
In its acceptance, the Grantee shall declare that it has carefully read the terms
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and conditions of this ordinance and the franchise and accepts all of the terms and
conditions of this ordinance and the franchise and agrees to abide by same. In
accepting a franchise, a Grantee shall indicate that it has relied upon its own
investigation of all relevant facts, that it was oat induced to accept the franchise
and that it accepts all reasonable risks relating to the interpretation to the
franchise.
T,~i. FRA~CHI5E TERM
The term of a franchise shall be as specified in the franchise agreement,
but it shall not exceed fifteen (15) years. If a Franchisee seeks authority to
operate a cable system in the Town beyond the term of its franchise, it shall file
an application for a renewed franchise not later than thirty (30) months prior to
the expiration of its franchise.
16. FRANCHISE FEE
a. The Franchisee in consideration of the privilege granted under a
franchise far the use of the public ways and the privilege to construct and operate
a cable communications system, shall pay to the Town five (5) percent of its annual
gross revenues during the period of its operation under the franchise.
b. A Franchisee shall file with the Town, thirty (30) days after the last
day of each quarter, a financial statement showing the grass revenues received by
the Franchisee during the preceding quarter. A Franchisee shall pay the quarterly
portion of the franchise fee to the Town on or before the time such financial
statement is due to be filed. With each payment required by this Section 902 the
Franchisee shall submit a written statement, signed and certified by the Franchisee
to be true and correct, showing for the immediately preceding calendar quarter the
amount of gross revenues, the amount of all revenues derived from the system and an
itemization of all permissible deductions therefrom to arrive at gross revenues.
The Franchisee shall also submit to the Town on or before the 30th day following the
end of each calendar year and following the expiration or termination of this
franchise a written statement, signed and certified by the Franchisee to be true and
correct, showing for the immediately preceding year or partial year, as applicable,
the amount of gross revenues, the amount of all revenues derived from the system and
an itemization of all permissible deductions therefrom to arrive at gross revenues.
The Town shall have the right on thirty (30) days notice to the Franchisee to demand
that the annual statement be certified to be true and correct and in compliance with
the requirements of this ordinance by bath the Franchisee and an independent
certified public accountant in accordance with sound and accepted accounting
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practice. The statements referred to in this subsection shall be in such form and
style and contain such details and information as the Town shall reasonably
designate. The acceptance by the Town of payments or reports thereof shall be
without prejudice and shall not constitute a waiver of the Town's right to claim a
deficiency in the payment of franchise fees or to audit the franchisee's books and
records, as hereinafter set forth.
c. Upon five (5) days prior written notice to the Franchisee, the Town
shall have the right to cause a complete audit to be made of the books and records
of the Franchisee with respect to the System. If the results of such audit show
that the Franchisee's statement of gross revenues for any period ending not more
than three (3) years prior to the commencement of the audit has been understated by
three percent (3%) or more, then the Franchisee shall pay the Town the cast of such
audit, any deficiency payment shown by such audit to be due and interest thereon at
the agreed rate. A report of the findings of the Town`s accountant shall be binding
and conclusive upon the Franchisee and the Town.
d. In the event that any franchise payment is not received by the Town on
or before the applicable date, interest shall be charged from such due date at an
annual interest rate then chargeable for unpaid federal income taxes {26 U.S.C.,
Section 6fiz1}. In addition to the foregoing, the Franchisee shall pay a late charge
of five {5) percent of the amount of such payment. Interest and late charges wi11
not be chargeable to the Franchisee for additional payment required under the yearly
adjustment, provided that such payment does not exceed ten (10) percent of the total
monthly payments made during the year. In the event such payment exceeds ten (1D}
percent, the Franchisee shall be liable for interest and late charges for the entire
amount.
e. In the event a franchise is revoked or otherwise terminated prior to
its expiration date, the Franchisee shall file with the Town, within ninety (94}
days of the date of revocation or termination, an audited financial statement
showing the gross revenues received by the Franchisee since the end of the previous
year and shall make adjustments at that time for the franchise fees due up to the
date of revocation or termination.
17. INSURANCE, BONDS, INDEMNITY
a. Upon the granting of a franchise and following simultaneously the
filing of the acceptance of the franchise and at all times during the term of the
franchise including the time for removal of facilities or management as a trustee as
provided for herein, the Franchisee shall obtain, pay all premiums for, and deliver
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to the Town written evidence of payment of premiums for and the originals of the
following:
1) A general comprehensive public liability policy ar policies
indemnifying, defending, and saving harmless the Town, its officers, boards,
commissions, agents, or employees from any and all claims by any person whatsoever,
including the costs, defenses, attorneys fees, and interest arising therefrom on
account of injury to or death ofi a person or persons occasioned by the operations of
the Franchisee under the franchise herein granted, or alleged to have been so caused
or occurred, with a minimum liability of one million dollars ($1,000,000) per
personal injury or death of any one (].) person and three million dollars
($3,000,000) for personal injury or death of any two (2) or more persons in any one
(i) occurrence. The policy shall be endorsed adding coverage against all claims for
personal injury liability offenses.
2) A property damage insurance policy or policies indemnifying,
defending, and saving harmless the Town, its officers, boards, commissions, agents,
and employees from and against any and all claims by any person whatsoever,
including the costs, defenses, attorneys fees, and interest arising therefrom, for
property damage occasioned by the operation of the Franchisee under the franchise
herein granted, ar alleged to have been so caused or occurred, with a minimum
liability of five hundred thousand dollars {$500,000) for property damage to the
property of any one {1} person and one million dollars {$1,000,000) far property
damage to the property of two (2) or more persons in any one (1} occurrence.
3) A performance bond or bonds in favor of the Town with good and
sufficient surety approved by the Town in the sum set forth in the franchise
agreement conditioned upon the faithful performance and discharge of the obligations
imposed by this ordinance and the franchise awarded hereunder from the date hereof.
The amount of the band may be reduced as any construction that is required is
completed, consistent with the franchise agreement.
b. The bond requirements set forth above shall no longer apply upon
completion of construction and inspection by the Town as follows:
(Z) Franchisee shall give notice to the Town at such time as
Franchisee has completed the construction.
(2) Upon receipt of notice, the Town sha11 have sixty (60) days to
receive a written report from an independent engineer; provided, however, if the
Town fails to receive such a written report within the sixty (fi0) days the
completion of construction shall be deemed to have taken place, unless the failure
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to receive such a report is due to unforeseen events, acts of Gad, or events beyond
the reasanab1e control of the Town.
(3) Notwithstanding anything to the contrary, the Town may condition
completion of the construction upon receipt of a written report from an independent
engineer. The completion of the system upgrade or system rebuild shall not be
deemed to have taken place until the independent engineer reports the following:
{a) All construction or improvements contemplated by the
Franchisee have been camp1eted or otherwise satisfactorily resolved;
{b) Satisfactory test results using the technical standards set
forth in this franchise agreement at up to ten (10) widely separated subscriber
drops selected by the independent engineer and using the following tests:
1) Signal level
2) Num
3) Bypass responsive system
4) Carrier to noise of system
g) TASO picture quality (2 or better)
{c) Compliance with all applicable codes and standards.
(d) Carriage of the basic service as available, as set forth in
this franchise ordinance.
c. All bonds and insurance policies called for herein shall 6e in a farm
satisfactory to the Town Attorney. The Tvwn may at any time, if it deems itself
insecure, require a Franchisee to provide additional sureties to any and all bonds
or to replace existing bonds with new bonds for good and sufficient surety approved
by the Town.
d. A Franchisee shall, at its sole cast and expense, indemnify and hold
harmless the Town, its officials, boards, commissions, agents and employees against
any and all claims, 5u1t5, causes of action, proceedings, and ,judgments for damage
arising out of the operation of the cable communications system by Franchisee under
the franchise. These damages shall include, but not be limited to, penalties
arising out of copyright infringements and damages arising out of any failure by
Franchisee to secure consent from the owners, authorized distributors or licensees
or programs to be delivered by the Franchisee's communications system whether or not
any act or omission complained of is authorized, allowed, or prohibited by the
franchise. Indemnified expenses shall include, but not be limited to, all
out-of-pocket expenses, such as costs and attorneys fees, and shall also include the
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reasonable value of any services rendered by the Town Attorney or his or her
assistants or any employees of the Town.
e. No Franchisee shall permit any pal icy or bond to expire and the
Franchisee, not less than thirty (30) days prior to its expiration shall deliver to
the Town a substitute renewal or replacement bond ar bonds in conformance with the
provisions of this ordinance.
18. LETTER OF f:REDIT
a. The Tawn may at its discretion require that a Franchisee obtain a
letter of credit. 4~hen and if the Town should so require, the Franchisee shall
deposit with the Town a letter of credit from a financial institution approved by
the Town in the amount of fifty thousand dollars ($50,000}. The letter of credit
may not be revoked or terminated during the term of the franchise except with the
written approval of the Town. The form and the content of such letter of credit
shall be approved by the Town Attorney. The letter of credit shall be used to
insure the faithful performance by the Franchisee of all provisions of the franchise
and of this ordinance; compliance with all orders, permits, and directions of any
agency, commission, board, department, division, or office of the Town having
jurisdiction over its acts or defaults under this license; and the payment by the
Franchisee of any claims, liens, and taxes due the Tawn ar other municipalities
which arise by reason of the construction, operation or maintenance of the system.
b. The letter of credit shall be maintained by the Franchisee at twenty
five thousand dollars ($25,000) during the entire term of the franchise as the Tawn
may require, even if funds are drawn against it pursuant to this ordinance.
c. The letter of credit shall contain the fallowing endorsement:
"It is hereby understood and agreed that this letter of credit may not
be cancelled by the surety nor the intention not to renew be stated by the surety
until thirty (30) days after the receipt by the Town Attorney, by certified mail, of
a written notice of such intention to cancel or not to renew."
d. At the Town's option it may draw against the letter of credit for any
unpaid liquidated damages, franchise fees, or other amounts owing to it under the
franchise which are thirty (30) days or mare past due. The Town shall notify the
Franchisee in writing at least ten {10) days in advance of drawing upon the letter
of credit.
19. LIRUIDATED DAMAGES
In the event that the Town finds the Franchisee is in violation of any
material obligation under this ordinance or the franchise, the Town shall notify the
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Franchisee in writing of such apparent violation and require the Franchisee to cure
the default within a reasonable time. The Franchisee shall respond in writing to
the notice of violation within ten (10) working days from receipt of such notice
setting forth the steps taken to correct or propose to correct the violation. The
Town may extend the time for such response upon a showing of just cause by the
Franchisee. Franchisee may, within three {3) days of receipt of such notice, notify
the Town that there is a dispute as to whether a violation or failure has in fact
occurred. Such notice by the Franchisee to the Town shall specify with
particularity the matters disputed by the Franchisee and shall stay the running of
the above described time. The Town shall hear the Franchisee's dispute at a
regularly scheduled meeting within a reasonable period of time. If after hearing
the dispute, the claim is upheld by the Town, Franchisee shall have five (5) days
from such a determination to remedy the violation or failure.
The Town may assess penalties as follows:
a. Up to one hundred dollars ($100) per day for construction related
violations.
b. Up to fifty dollars {$50) per day for recurring violations.
c. Up to five hundred dollars ($500) for other violations.
The penalties set forth herein are in addition to all other rights of the
Town whether reserved by this franchise ordinance or authorized by law and no
action, proceeding or exercise of a right with respect to such penalty shall affect
any other right the Town may have.
20. FORFEITURE AND TERMINATION
a. In addition to all other rights and powers retained by the Town under
this ordinance and any franchise issued pursuant thereto, the Town reserves the
right to forfeit and terminate the franchise and all rights and privileges of the
Franchisee in the event of substantial breach of its terms and conditions. A
substantial breach by the Franchisee shall include, but shall not be limited to, the
following:
1) An uncured violation of any material provision of this ordinance
or franchise issued thereunder, or any material rule, order, regulation, or
determination of the Town made pursuant thereto;
2} An attempt to evade any material provision of the franchise or
practice of any fraud or deceit upon the cable communications system customers and
subscribers or upon the Town;
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3) Failure to begin or substantially complete any system
construction or system extension as set forth in the franchise;
~) Failure to provide the mix, quality, and level of services
promised in the application or specified in the franchise or a reasonable substitute
therefor;
5} Failure to restore service after ten (10) consecutive days of
interrupted serv ice except when approval of such interruption is obtained from the
Town;
6) Material misrepresentation of fact in the application for, or
during negotiation relating to, the franchise;
7} Failure to provide surety and indemnity as required by the
franchise or this chapter.
b. The Franchisee shall have no liability to the Town, nor shall the Town
have the right to terminate or revoke this franchise or invoke penalties in
accordance with Section 19 of the Cable Ordinance as a result of any failure of the
Franchisee to perform, or delay by Franchisee in the performance of, its obligations
hereunder (other than to pay the franchise fee and other payments required by this
Agreement) if such failure or delay is caused by factors beyond the control of the
Franchisee, including without limitation, any flood or other Act of God, laws,
regulations, rules or orders of any governmental agency, sabotage, strikes, lockouts
or fob actions, failure or delay in transportation or the unavailability of any
product or material necessary to the performance hereof; provided that Franchisee
has exercised all due care to prevent the occurrence of such events which are
reasonably foreseeable, including without limitation, actively pursuing alternative
products, materials and means of transportation. In the event that delay in
performance or failure to perform affects only part of Franchisee's capacity to
perform, then the Franchisee shall perform to the extent it is reasonably able to do
so. The Franchisee agrees that the excuse for nonperformance under this Section
shall last only sa lang as the act which excuses performance under this Section
shall continue without interruption. In correcting any causes of nonperformance and
in effecting any partial performance, Franchisee shall take all necessary corrective
actions as expeditiously as possible.
c. The Town shall make a written demand by certified mail that the
Franchisee comply with any such provision, rule, order or determination under or
pursuant to the franchise. If a violation of the franchise continues for a period
of thirty (3fl) days following such written demand without written proof that the
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corrective action has not been taken or is being actively and expeditiously pursued,
the Town may consider terminating the franchise; provided, however, a written notice
thereof shall be given to the Franchisee at least fifteen (15} days in advance and
the Franchisee must be given an opportunity to appear before the Council to present
its arguments. Should the Town determine, following the public hearing, that the
violation by the Franchisee was the fault of the Franchisee and within the
Franchisee's control, the Town may, by resolution, declare that the franchise be
forfeited and terminated; provided, however, the Town may in its discretion, provide
an opportunity for the franchisee to remedy the violation and come into compliance
with the franchise and this ordinance so as to avoid the termination.
21. INSOLVENCY
The franchise granted hereunder may be terminated prior to its expiration
if the Town Council finds that Franchisee becomes insolvent, unable or unwilling to
pay its debts as they become due, files a petition for relief under any state ar
federal bankruptcy, reorganization, insolvency or similar law (or any such petition
is filed against the Franchisee and is not dismissed without sixty (60} days), is
adjudged as bankrupt, assigns all or a substantial part of its assets for the
benefit of its creditors, all or part of Franchisee's facilities are sold under an
instrument to secure a debt, or a receiver is appointed with respect to all or a
substantial part of the Franchisee's assets ar stock.
22. REMOVAL OF CABLE COMMUNICATIONS SYSTEM
In the event this franchise agreement expires, is revoked or otherwise
terminated, Franchisee shall remove at its own expense all designated portions of
the cable communications system from all streets and public ways within the Town.
In removing its plant, structures and equipment, Franchisee shall refill, at its own
expense, any excavation that shall be made by it and shall leave all public ways in
as good a condition as that prevailing prior to Franchisee's removal of its
equipment and appliances without affecting the electrical or telephone or other
utility lines, wires, pipes or attachments. The Town may inspect and approve the
condition of the
public ways, cables, wires, attachments and pales after removal. The liability,
indemnity and insurance as provided herein and in the Vail cable television
ordinance shall continue in full force and effect during the period of removal and
until full compliance by Franchisee with the terms and conditions of this paragraph
and this ordinance.
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Tn the event of a failure by Franchisee to complete any work required
by this franchise agreement or the Vail cable television ordinance, or any other
work required by Town law or ordinance within the time as may be established and to
the satisfaction of the Town, the Town may cause such work to be done. The
Franchisee shall reimburse the Town the costs thereof within thirty {30) days after
receipt of an itemized list of such costs.
23. SUBSCRIBER FEES AND RATES
a. The initial fees to be charged to subscribers for all services
including installation fee and other one time charges shall be specified in any
franchise agreement issued pursuant hereto.
b. Those fees and charges which are subject to regulation by the Town in
accordance with Federal law shall not be increased without prior approval of the
Town.
c. In order to obtain Town approval for rate increases, the Franchisee
shall file a revised schedule of rates with the Town at least ninety {90} days in
advance of a proposed rate increase. Subscribers shall be notified of the proposed
increases within ten {10) days of notice to the Town. This filing shall specify the
rates or fees to be increased and associated regulations which may affect charges to
the subscribers and the justifications for said increases and charges. The
Franchisee shall promptly submit any additional supporting information requested by
the Town.
d. Within thirty (30) days of the rate increase filing, the Town shall
schedule a public meeting before the Council to hear subscriber and Franchisee
comment on the proposed increase. Following the public meeting, the Council shall
determine whether or not to grant the proposed increase or a portion thereof prior
to the expiration of said ninety {90) day period.
e. Rates shall be just and reasonable, considering the Franchisee's
COStS, including a reasonble rate on investment over the remaining term of the
franchise, and shall not give any undue or unreasonable preference or advantage to
any subscriber or class of subscribers.
f. Rates and charges may be reduced at any time without prior Town
approval, provided that the reductions do not result in rates which are unreasonably
discriminatory to any subscriber or class of subscribers. Where temporary
reductions are put into effect for promotional purposes for a specified time period,
a return to the permanent rate shall not be considered a rate increase for the
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purpose of this Chapter. The Town shall be notified of all reductions in rates
whether permanent or temporary.
g. Rates and charges not subject to regulation by the Town under Federal
law or regulation may be changed by the Franchisee following a minimum of thirty
(30) days prior notice to the Town and a minimum of thirty (30) days prior notice to
all subscribers of basic service.
24. REPORTS
a. Annual Report
No later than one hundred twenty (120} days after the end of the each
Franchisee`s fiscal years, the Franchisee shall file a written report with the Town
which sha11 include:
1) A summary of the previous calendar year's activities and
development of the system, including but not limited to, services begun or dropped,
number of subscribers, including gains and losses, homes past, and miles of cable
distribution plants and service.
2) A financial statement certified by an officer of the Franchisee
including a statement of income, a balance sheet, and a statement of sources and
applications of funds. The statement shall include Hates that specify all
significant accounting policies and practices upon which it is based, including, but
Hat limited to, depreciation rates and methodology, overhead and interest system
cast allocation methods, and basis for interest expense. A summary shall be
provided comparing the current year with the three previous years. The statement
shall contain a summary of the payments.
3) An annual summary of complaints received.
4} An annual projection of plans for the future.
5) An annual report of the company.
6) A current annual statement of cost of construction by component
category.
7) An ownership report, indicating all persons, who at any time
during the preceding year directly controlled or benefited from an interest in the
franchise of five (5) percent or more of the Grantee.
$) A copy of all the Franchisee's rules and regulations applicable
to subscribers and users of the cable communications system.
b. Additional Reports
The Franchisee shall prepare and furnish to the Town at the times and
in the farm prescribed, such additional reports with respect to its operation, as
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may be reasonably necessary and appropriate to the performance of any of the rights,
functions or duties of the Town in connection with this ordinance or the franchise
agreement.
25. RECORDS REQUIRED
a. Mandatory Records
The Franchisee shall at all times maintain:
1) A record of all complaints received during the term of the
franchise.
2) A full and complete set of plans, records and "as built" maps
showing the exact location of all cable television system equipment installed or in
use in the Town, exclusive of subscriber service drops.
b. Inspection by Town
Upon reasonable notice to the Franchisee, the Town shall have the
right to inspect all property, maps, and records relating to the cable operations at
any time during normal business hours. All records required by the Town for such
inspection shall be made available within the Town of Vail, Colorado, within a
reasonable time after the request.
26. FILINGS
The Franchisee shall mail or deliver a copy of all filings it makes with
State and Federal agencies to the Town Clerk. Said copy shall be mailed or
delivered on the filing date.
27. SERVICE CALLS AND COMPLAINT PROCEDURES
a. Ouring the term of the cable franchise, the Franchisee shall maintain
an office in the Town or in the vicinity thereof which subscribers within the
franchise area may telephone without incurring toll charges. Except in the event of
catastrophic failure, no subscriber's complaint shall remain without investigation
by the Franchisee for more than a twenty-four {24) hour period. The Franchisee will
provide the Town with a name, address and telephone number of the person who will
act as the Franchisee's agent to receive complaints regarding quality of service,
equipment malfunctions and similar matters. The local office shall be open to
receive inquiries or complaints from subscribers during normal business hours, and
in no event less than 9:00 a.m. to 5:00 p.m. Monday through Friday excluding legal
holidays. All employees of the Franchisee whose employment relates to the operation
or maintenance of the system shall be required to carry an identification card and
present same to any subscriber upon request when entering the premises of such
subscriber for the purpose of providing service or otherwise. The Franchisee shall
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provide the means to accept complaint calls twenty-four (24) hours a day, seven {7)
days a week. Accurate records shall be #cept by the Franchisee summarizing the
nature, extent, time and date by which the complaint was resolved or sought to be
resolved. The Franchisee shall promptly furnish each present or future subscriber
with a letter of instruction explaining the importance and the manner of reporting
complaints and rules and regulations governing the obligations of the Franchisee to
respond to subscriber complaints. Calls or letters involving complaints about
billing and programming will be handled immediately whenever possible. A written
complaint will be retained for two (2) years, including a summary reply. The
complaint filed shall be available for periodic inspection by the Town.
b. Should a subscriber have an unresolved complaint regarding the quality
of the cable television service, equipment malfunctions, or other pertinent matters,
the subscriber shall be entitled to meet jointly with the Town Manager or his
authorized representative and the Franchisee System Manager to fully discuss in an
attempt to resolve such matters, provided, that prior to such meeting, the
subscriber shall clearly state in writing the specific nature, frequency and extent
of the alleged problem and the dates on which the problem has occurred. This
written complaint shall be filed with the Town Manager, who shall forward a copy of
such complaint to the Franchisee System Manager. Franchisee shall then have five
(5) days after receiving the complaint within which to assess the problem and file a
written response with the Town Manager stating specifically what has been done to
correct the problem. If the subscriber remains unsatisfied after following this
procedure he may then request that such a meeting with the Town Manager or his
authorized representative and Franchisee System Manager be held. 4~hen there have
been similar complaints made or where there exists other evidence which in the
judgment of the Town cast doubt an the reliability or quality of cable service, the
Town shall have the right and authority to require the Franchisee to test, analyze
and report an the performance of the system. The Franchisee shall fully cooperate
with the Town in performing such testing and shall prepare results in a report, if
requested, within thirty (30) days after notice. Such report shall include the
following information:
1) The nature of the complaint or problem which precipitated the
tests.
2) What system component was tested.
3) The equipment used and procedures employed in testing.
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4) The method, if any, in which the complaint or problem was
resolved.
5) Any other information pertinent to said tests and analysis which
may be required. Where there are recurring service problems, the Town may require
that tests be supervised by a qualified independent professional engineer not on the
permanent staff of the Franchisee. The engineer shall sign all records of special
tests and forward to the Town such records with a report interpreting the results of
the tests and recommending actions to be taken. The costs of said engineer's
services shall be the sole obligation of the Franchisee.
c. In the event that total service to any subscriber is interrupted far
twenty-four (24) or more consecutive hours, except in circumstances for which
advance cansent to the interruption is obtained from the Town, the Franchisee shall
provide a one-thirtieth {1/30) pro rata rebate of the monthly fees to affected
subscribers upon the subscriber's request for each twenty-four (24} hour period, or
portion thereof, that service is interrupted.
For purposes of computing the time of interrupted total service, such
time shall begin when a complaint for interrupted service is received by the
Franchisee or when the Franchisee has actual or constructive notice of the
interruption.
28. SERVICE TO SUBSCRIBERS
A Franchisee shall provide all the following services to subscribers:
a. A basic subscriber television service tier which consists, at minimum,
of any legally required must carry signals an information and weather channel and at
least one {1) public educational and governmental access channel.
b. The Franchisee shall provide leased access channels to the extent
required by Federal law.
c. A Franchisee shall provide equipment directly or through grants for
local program production by all cable users for live and video tape presentation
over the cable television system. The Franchisee shall have no control aver the
content of access programs. Any public access channel shall be made available to
any member of the public on a first come, first served, nondiscriminatory basis.
29. LEASED ACCESS
The Franchisee shall make channels available for leased or commercial use
as specified in the franchise agreement consistent with Federal law.
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30. PUBLIC DROPS
The Franchisee shall provide without charge within the franchise area one
drop activated for basic subscriber cable television service to each fire station,
public school, police station, public library, municipal building and other such
buildings used far public purposes.
31. LACK QUT DEVIC£
The Franchisee shall provide, for sale or lease, upon request, a lockout
device for use by a subscriber. Such device shall be capable of restricting the
reception of any channel. The lockout device should be made available to all
subscribers requesting it and the charge and availability of this device shall be
made a part of the rate schedule.
32. PRQTECTIQN OF SUBSCRIBER PRIVACY
Franchisee shall protect the Town's privacy consistent with the provision
of 47 U.S.C. 631, as amended.
33. CONSTRUCTION AND INSTALLATION WORK
a. The Town shall have the right but not the obligation to inspect all
construction and installation work performed by the Franchisee subject to this
Chapter as it shall find necessary to insure compliance with the governing
ordinances and the franchise.
b. All construction, Installation, and maintenance must comply with all
Town ordinances including all uniform codes adapted by the Town and all state and
local regulations and good and accepted industry practices.
34. LOCATION OF STRUCTURES, LINES AND E4UIPMENT
a. The Franchisee shall utilize existing conduits and other facilities
whenever possible, and shall not construct or install any new, different or
additional conduits or other facilities whether on public property or on privately
owned property until approval of the property owner or appropriate governmental
authority is obtained. However, the location and installation of any conduit, or
other facility by a Franchisee shall not create a vested interest, and such
structures, or facilities shall be removed, replaced, or modified by a Franchisee at
its awn expense whenever the Council or other governmental authority determines that
the public interest so necessitates.
b. All transmission and distribution structures, lines and equipment
installed by the Franchisee within the Town shall be located sa as to cause minimum
interference with the proper use of streets, alleys and other public ways and places
and to cause minimum interference with the rights or reasonable convenience of
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property owners who adjoin any of the streets, alleys or other public ways or places
and where they will not interfere with any gas, electric, telephone, water or other
preexisting utility facility.
c. All such fixtures in any street or public way shall be placed in full
accordance with the standards set forth in the Municipal Code of the Town of Vail.
d. Cable shall be installed underground at Franchisee's expense.
Previously installed aerial cable shall be placed underground in concert with other
utilities when both the telephone and electrical utilities convert from aerial to
underground construction. Franchisee shall place cable underground in newly platted
areas in concert with both the telephone and electric utilities unless this
requirement is waived by the Town. Equipment shall not be stored on Town right-of-
way.
A preconstruction conference with the property owners will be
completed prior to commencing any underground construction, and the Town shall
assist and cooperate in such conferences if necessary. All soil, earth, sod ar
improvements disturbed by the installation shall be replaced and restored to their
original condition. Patching of highways, roads and driveways will be completed in
accordance with the specifications promulgated by, and subject to inspection and
approval by, Town, County or State engineers, as appropriate.
35. REPLACEMENT OF PAVING
The Franchisee at its own cost and expense and in a manner approved by the
Town shall replace and restore all paving, sidewalks, driveways or surface of any
street or alley ar public way disturbed, in as good a condition as before the work
was commenced and shall maintain the restoration in an improved condition for a
period of one {1) year. Failure of the Franchisee to replace or restore such
paving, sidewalk, driveway, or street surface within forty eight {48} hours after
completion of work shall authorize the Town to cause the proper restoration to be
made at the Franchisee`s expense.
3b. ALTERATIDN OF STREETS BY TOWN
Tf the Town shall lawfully decide to alter or change the grade of any
street, alley, or other public way, the Franchisee, upon reasonable notice by the
Town, shall, in a timely manner as requested by the Town, remove and relocate its
poles, wires, cables, underground conduits, and other facilities at its own
expense. If other utilities are compensated, Franchisee shall be entitled to the
same compensation.
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37. TRIMMING TREES
A Franchisee shall have the authority to trim trees upon an overhanging of
streets, alleys, sidewa]ks, and public places of the Town so as to prevent the
branches of such trees from coming into contact with wires and cables and other
television conductors and fixtures of the Franchisee. The Town may require all
trimming to be done under its supervision and direction and at the expense of the
Franchisee.
38. TEMPORARY MOVE OF CABLES
A Franchisee shall on the request of any person holding a valid house
moving permit, temporarily raise or lower its wires ar cables to permit the moving
of buildings or other large projects. The expense of such temporary raising or
lowering of wires shall be paid by the person making the request, and the Franchisee
shall have the authority to require such payment in advance. The Franchisee shall
be given not less than forty eight (48) hours advance notice to arrange for such
temporary wire changes.
39. REFUNDS AND SERVICE TERMINATIONS
a. A Franchisee shall establish and conform to the following policy
regarding refunds to subscribers and users:
If the Franchisee collects a deposit or advance charge on any service
or equipment requested by a subscriber or user, the Franchisee shall provide such
service or equipment within thirty {30} days of the collection of the deposit or
charge or the Franchisee shall refund such deposit or charge within five (5}
business days thereafter. Any converter security deposit collected by the
Franchisee shall be returned to the subscriber twenty-four (24) months after the
installation of such converter, or upon termination of service by the subscriber and
return of such converter undamaged with allowance far reasonable wear and tear and
payment of any outstanding balance due and payable, whichever occurs first. If and
when the Franchisee collects deposits from its subscribers, it shall pay interest on
any deposit required of the subscriber at the agreed rate in effect from time to
time minus two {2} percentage points. The Franchisee may elect to pay such interest
in the form of credits to subscriber accounts. Nothing in this Section shall be
construed:
1) To relieve a Franchisee of any responsibility it may have under
separately executed contracts or agreements with its subscribers or users;
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2) As limiting a Franchisee`s liability for damages, if any, which
may be imposed under the franchise far the violation ar breach of any provisions
thereof; or
3) To limit the Franchisee's liability far damages, if any, because
of its failure to provide the service far which deposit or charge was made.
b. The fallowing requirements shall apply to subscriber disconnection:
1) There shall be no charge for disconnection of any installation,
service or outlet. All cable communications equipment shall be removed within a
reasonable time from a subscriber's property upon the subscriber's request, such
time not to exceed thirty {30) days from the date of request. Franchisee may charge
far adding or deleting channels at the subscriber's request.
2) If any subscriber fails to pay a properly due monthly
subscriber's fee, or any other properly due fee or charge, the Franchisee may
disconnect the subscriber`s service; provided, however, that such disconnection
shall not be effected until thirty {30) days after the due date of the monthly
subscriber fee or charges and shall include a minimum five (5} days written notice
to the subscriber of the intent to disconnect. After disconnection, upon payment in
full of all proper fees or charges, including the payment of any reconnection
charge, the Franchisee shall promptly reinstate the service.
40. SERVICE AREA
The Franchisee shall offer full cable television service to all areas of
the Town unless specifically authorized to serve a lesser area. A franchise issued
in accordance with this Ordinance shall require that all dwelling units within the
franchise territory be offered service on the same terms and conditions; provided,
however, multiple family dwelling complexes, apartments, or condominiums may be
served an a master-bill basis; and further, service to motels, hotels, hospitals,
and similar businesses ar institutions may be offered an terms and conditions
different from single residence subscribers. In the event that subsequent to the
issuance of a franchise the Town annexes additional territory, a Franchisee shall
extend its cable television services into the annexed area within a reasonable time
of a request by the Town to do so. Such reasonable time shall not be less than nine
{9) months.
41. CONTINl7ITY OF SERVICE
a. Where a Franchisee rebuilds, modifies, or sells its system, it shall
ensure that all subscribers receive continuous, uninterrupted service regardless of
the circumstances.
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b. As long as it is entitled to revenues from the operation of the cable
system, a Franchisee shall maintain continuity of service during any temporary
transition in the franchise, including but not limited to, the following
Circumstances:
1} Revocation of the franchise.
2} Nonrenewal of the franchise.
~) Transfer of the cable system to the Town or another entity.
~2. TRANSITIONAL OPERATION
Tn the event a Franchisee continues to operate the system in a transitional
period, with Town acquiescence, following the expansion,
termination of the franchise, it shall be bound by all tl
obligations of the franchise as if it were in full force
terminating Franchisee shall cooperate with the Tawn and
in maintaining and transferring service responsibility.
A3. PERIODIC REEVALUATION AND RENEGOTIATIONS
a. Since the field of cable communications is
revocation, or other
~e terms, conditions, and
and effect. The
any subsequent Franchisee
rapidly evolving and many
technological, regulatory, financial, marketing, legal, competitive, and other
changes are likely to occur during a franchise term, a degree of flexibility is
needed in order to achieve and maintain a modern and efficient cable communications
system that adequately serves the public. To this end, the Town with cooperative
assistance from a Franchisee, shall periodically reevaluate the system operation and
negotiate appropriate franchise changes.
b. The Town shall reevaluate the Franchisee's cable operations and
service three (3) years following the award date of the franchise and every three
(3) years thereafter for the life of the franchise. The Franchisee shall cooperate
with the Town in such evaluation and provide information as may be necessary for the
evaluation.
c. Fo11owing the public release of a reevaluation report, the Town and
the Franchisee shall meet to discuss the reevaluation and possible means of
improving service to the public. At that time, the parties shall negotiate any
changes in the franchise that may be necessary or desirabie. Upon request of the
Town, Franchisee shall, no earlier than ninety (90) days and no later than thirty
(3O} days prior to a review and evaluation session, conduct a written survey of
subscribers. Each questionnaire shall be prepared and constructed in good faith so
as to provide measurements of subscribers preferences and satisfaction for:
_2~_
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.~ i • ~
I.} Programming offered by Franchisee at the time the survey is
conducted.
Z) Programming generally avai]able to cable subscribers nationally
but not offered by Franchisee at the time the service is conducted.
3) Maintenance and subscriber complaint practices.
As a part of the review and evaluation session, Franchisee shall report in writing
what steps it may be taking to implement the findings of the survey.
d. The Town and the Franchisee may meet at other times to discuss and
negotiate possible changes to the franchise pursuant to an agenda agreed to in
advance by both parties. Such special sessions are intended to provide a mechanism
for effecting franchise changes necessitated by major events affecting cable
communications, such as state or federal legislation, new or revised state or
federal regulations, or an extraordinary change in circumstances.
44. T}IEFT OF SERVICES AND TAMPERING
a. No person, whether or not a subscriber of the cable television system
may intentionally or knowingly damage or cause to be damaged any wire, cable,
conduit, equipment or apparatus of the Franchisee or commit any act within intent to
cause such damage, or to tap, remove, or tamper with or otherwise connect or
maintain any wire or device to a wire, cable, conduit, equipment and apparatus or
appurtenances of the Franchisee with the intent to obtain and maintain a signal or
impulse from the cable system without authorization from or compensation to the
Franchisee, or to obtain and maintain cable television or other communications
service with the intent to cheat or defraud Franchisee of any lawful charge to which
it is entitled.
b. Any person convicted of violating any provision of this Section is
subject to a fine of not more than five hundred dollars ($500) for each offense.
~45, RENEGOTIATION
If any court of competent jurisdiction, the FCC or any state regulatory
body rules, decisions or other action determines prior to the commencement of system
construction, that any material provision of this Ordinance or any franchise granted
pursuant thereto, is invalid or unenforceable, then in such event, the Town shall
retain the right to renegotiate any franchise entered into prior to any such rule,
decision or other action. For the purpose of this section, "Commencement of System
Construction" shall mean the first day that physical construction, including but not
limited to, the placing of cable on poles or underground, actually begins.
-28-
~ ~
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46. SEVERABILITY
If any provision, section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held to be unconstitutional, void or invalid or for any
reason unenforceable, the validity of the remaining portions of this Ordinance shall
not be affected thereby, it being the intent of the Town Council in adopting and
approving this Ordinance then no portion hereof or provision or regulation contained
herein shall become inoperative or fail by reason of any unconstitutionality or
invalidity of any other portion, provision or regulation and all provisions of this
Ordinance are declared to be severable.
INTRODUCED, READ AND APPROVED ON FIRST READING THIS 18th day of
July 1989, and a public hearing shall be held on this Ordinance on
the 18th day of July 1989 at 7:30 p.m. in the Council Chambers of
the Vail Municipal Building, Vail, Colorado.
Ordered published in full this 18th day of July 1989.
Kent R. Rose, Mayor `
ATTEST:
~, ~~
Pamela A. Brandmeyer,(lfown Clerk
INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
by title only this 1st day of August 1989.
~~~ ~ ~ J
Kent Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
-29-
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CABLE TELEVIg10N
PHA HCHISE 0{161NANCE
1. TMa chnpler shall be known as the Cehle
Cammunlanllpne Ordbance.
2 PupnOSE.
The puryveae of Ihle ordinance are;
a. Prcvfde for the Lanchlaing and regulation
vl rnhle lelevhlon within the Town M Vall.
h. Provlde im a cable cammunkallpna
6ystem That will meal the current needs vl She
Town and That enn be irtprpved and upgraded to
meal lulure needs.
c. Provlde for Iha pnymenl pl lass and other
valuable mnelde[albn Ip 1he Town Ipr the use o!
Iha puhllc ways and Ipr the prlvllege 10 cnnstrud
•rtd aPersle cable communk:ntbne systems.
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Iwo wny namantegainmant [ranemiselon
services !ot buelneeaes, pubPO ngenclee and
community InelllulloPe. Such lelYlCee Include,
6u1 nra not limbed lo, video vanamlealon end
oaks and tlale oommunlslfvne,
a. 'Leaaetl channaE• o 'laaaed nccase
channel" ehxll ngan any channel or part vl a
channel, nvaflnble Im cpmmerdel use an a lee
bneia by persons or anlirlee other Ihen a
Franchleee.
I. 'Frenchlee` shall vyan the non.exduelve
right end aulhprlry Ip cnnerruCl, maintain, end
operate a cable cammunlcattone syelam through
use vl the public elreeti, dedlcnllope, public
u111Ay eneemenle, or clher puhAC dphbv7way or
public places In the Fown punuanl to a
panvavtual nareemenl •eecWed hv..lh• Ipvm. ..
l0 11,
r. Irnne
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"Rte Vaf1 T1 aE1- r]lR~l 1, 1989 4~7
f J r r
pvrauanl N a request for pralxoeete jawed blr the
Tam.
b. Upon the IIAnq of an applknllan, the Town
thetl publish nvrlcn vl lean liling In w nnwropNmr
d ganeml clrculnunn In Ihw Tnwa, AnY pernan
wlahlnp to aubmll nny aommnnt on the
at>axNcattan shall, within Illleen (t51 dnya of the
date o1 the natke al the lirnl rya+lknlbn, hie such
cptwslenS whh the Town Mnnngm.
c. All arrpgcnllons 1o be nccnplabb for liling
must bo Accampnnlad by n 1111ng tae o} ton
Ih9Ufend Maly d9iLlre JF10,090J. Iho Town elmll
apply aEl IIlbg Ives received against all coals
aeaodefed with its evnlundon of nny pandlnp
ry+pHcblbna puqumd to Ihla chnpipr, in Iha evnnl
that Sdal coals ore bas Ihmt Ihn lalal INing loon,
the Tawn shall rotund n lwdbn of Ihn lNlnq fns
vn a prorated bnslw for each Afplirnm whhin
Iody~INa Say) days nller lmndllse grans. Thn
Town shall lumish rytJNlrnm whh docUnxrnlnllon
d wN Gosta Incurred nl thnl Ilntt.
l2. CUNTCNT (1F Ar~pLn:AfiUNn
7a be n[[entnhle Inr Illlnp, nn nl•pllcntk+r,
n4Vx[ [Dldnlln la nny nppd[tddn Ingnnnl Irrr
prpl~ox ale m,d all Ihn htlarrnnl ken epnr.lilnd
tlrnrnln. Whnrn m nppllc,rnnrr Is nnl Illnd
pursue Ul to a rnqunxl fin nr Vpnnnle shall mnlnin
a1 rNnhnum.lhe lollpwnrg Inlannslbn:
a. IdenUlfcallnn of the ownarehlp of the
AppHcnnl, n not a natural pnravn, Inrluding the
names and eddmaaee hl all pnraonn whh ono [ t]
pmcnnl or tame ownnrel+ip Inlnrnnl mrd Ilm
ahimnte conErvlhng nalvral pore van And
identifkalbn of all olllrnra and dllOrEara end nny
nIh1I pfhnnry bUAArnSa analn ElVll d ea[.h,
b. An ktdlcnllan wl,el bar or not Ilm Applkma,
or arty antlry cvnlrvlling the AgdlCnrd, Including
any elllcer of . carparnflvn v a major
emckhotder the race, hoe bnenr adjudged
bnnhrupl. hrtn had n cabin hmtchMw rnvokrW, nr
banlbwrd guilty by way taorl nr adminlwalM
.panty b ma UnAr.d Stntee al:
t] A vblwtbn d a necmny or AntAruat Ihw; yr
21 A lebny m any elfin[ crlrtw uvolvlnq moral
wrpeude, Mentlly any eudl person a enrAy and
IVlly explAb the ClfeVmelnnCee.
c. A demvnahatbn vi [ha Anpllcnn;'a
lachnical end 1lrsanclnl nbinly to mnshud and
vperale Iha prnpnaed cnbb iwC'ley.
Q, A descrfptipn vl Iha phynlcal facllkSy
proposed, Indudinp channel vnpnclty Indudlnp
ohs way and two way, it nny, the area to be
carved, a fummary of lecl5nkal chemderlstlca
and heed end and scoeaa Incllllhe.
a. A dean¢UOn relntlnp how any camuvabn
will be Irgrlamenled, IdenlifMalivn of arena'
having above ground ar below ground cnRtln
ladlilleL the proposed conetrucllon acheddle,
and ^ descripllpn wham ryrpnprlnle, hdlcallnp
haw anrvlcw will be canvmiad hero nny exh9np
teolisy to ^ Haw ladlily.
1, A deacrlplfon b! 4he eervlcea !o tw provided
over the eyatem, Includhg Idenliflcmlan of
letevhlan signals, bmh hrondcnel and non-
brvadcanl, la be terrine and ail nomlelevhlon
servlcea 1o be prvvlded InIIIAIIy, Whme service
will be Dilated by Ilya, Idanldy Ihn elgnnlt ar
servlpe6< or 6vlh, tv be Included on each Her,
g. The proposed rntna to chmgee, Including
rmee for each service Sler, ne sy„rnpdata, and
chmpee jar inslallarlpn, conveners end bd,nr
aervloes.
h. Inlvrmellon As naceeenry to dertwnellnle
earltpllence whh all retevsnl lequhsmente
conlnlned In Ihfs Chtrpter,
1. A dwrnonshnlbn amtlng fine the proposal h
reasonable m nisei file injure cnuln relntnd
cnnurlunhY needs end Inimeare, In pnrfk'Utnr, sire
wpp9cmbn ahpukl daecribn how Ihn mopneal
will sntlaly Iha Wends ns nnnlylad In nny recent
cammunay nueda naseasrnwnl camnxsaloned 4y
foe Town
J. A demohwhalVn hbW Ihn prapa5.ll Wan
deegned to be [nnslnlnm wllh All Indernf and
llAle rrrQUllenbltla.
k. I'fa Imrnn Ibmrtlal prnjo[tidlte IVr nucll
year v1 Iha Uanchlae [vim. Iha prolwctipns afiall
Include a etatemnnt 01 Incwno. balance wheel,
slaiemanl of saurcos and Uae of lands, and
acheduie vl caplhl ntldhlonA. Ail eignlllcanl
assurrpdana aholl be explnlnvd In Hales yr
supporting achedulen eel accornpnnying the
prvJncllane.
L A eprtplele hN ul all cabin nammunlcnllvne
ayarmtn In wMch utn ApPllcnm of • vdncipla
sMreof holds nn egnNy hderewl.
+. An wllldnvll a! rho Appllcnnl yr duly
nvtl.or Vrnd nlllrnt Ihnrnnl [nrlilYing, In w Inrm
nc[Mlnble Iv Ihw 1 own, Ihn ledh mrd nd~umcyd
the tnloemallon emrtalned In Iha apldlodlon,
n. In She mss of an npphcNbn by nn ex;aling
F fanchleaa Irv renewed hsnchlee, w
dwrrlanehatlon Ihnl aald Franehlene hey
atrbstnnlially corgsllnd whh thse InnlvrVAl Inrma al
the exhling IrancTrlse and wNh nfnrllrnhle Ihw.
a. Any parson who klns en npplknllon with
the Tenn for n Cabin ammmtknlbna lrand5ha
ahaA fonhwilh, wt ate tlmes, dlaNose to the Town,
In wdllnq, the names, address ns, and
acprpntians d alt pelsana Wha my ntghadled 1n
repreaenl or act an benall of Iha AyyyllcAld In
thpae Innlten pednlnlrtq to are rrpp}Ilalbn. The
raqufrement to rrutke such dhcbeare hall
mnllnus unlit the Tawn shall hnvn rnlxled nn
Applkanl'a aryn4cnllnn nr urttll an Applicant
wllhdrawa Ica [grpllrnlbn.
13. CGN9lD£RAfIUN Of APPLIGAlIUN9
a. The Tvwn shall conaldnr each appHtalbn
for a handdee with Ihn wppllcwnone found Ip be
acceptable for Illlnp and Hn euhetnnllal
carrpllana with the requharrwnle v! Ih{e chnpler
artl any applicable requael fa praponaia. In
eveluallnp An nppllCslion, the Town will
rnnaldaq nrrgnq vlher 1h1ng6, the A{>nllcanl't
pa6! lervlce record fn o1lur Communllha, Ihw
Haines o11he prvpoeed ladllllel and seerlcse,
tndudlnq ralef 1a ba charged Ihereldr, and
whether the proposal Is adequate 1v meal the
lutes Debts related communhY Hands end
3nteresta d lee dlNeus al the Town, Where Iha
Igydl[>tlbn h Irv A rnnnwwtl hanchlaa, the Town
ahwH taruldnr whwthnr:
1j ihw [nine non, ajar hnn arlbel nl5ilnlly
canpn,td wllh Shn Innlnrlnl Iwmre d Ihs exlenuq
hanchrye and wllh ry.plknbte inw;
2j the qunikty of the opernlor9 snrvicn,
Includlnp clonal qunlily, rnepnma la consunar
carrplsinis. and billing prnclECes, bW wlRloul
regard to Ihn mix, qunllly ar IereS of cable
aervlces or other services pravtTlwd over Iha
syelem, fine boon reaeonnhle In IIph1 wf
consnunlly needs;
31 Thn apernlor fins the Unwnrtnl, legal and
Iedtnl®f ability Iv pravlde [fin eervlcwa. IadiI11M
And equtpmenl as eel Imth !n Ihv operatorY
pravaaal; and
aj The vpereSO{e propasnl la renavnable to
rneel Iha lulae cable relAled communhy Wendt
. and Intareate, mklnq Jnlo accvunl Iha tool d
nteellrrp ouch needs and lnteresla,
h. Where the Town daterminee lhnl ^n
Applicanl'e propaeel, Including Ihn proposed
tanks wren, world serve Ihs public #nleraR, end
may gmnl a hanchlae to Thn Appilcnnl. The
hanchh• agreement wig COh6gIUle n caMlaN,
beefy entered Irtlo, belwven IAe Town and the
Grsnlee. Sold Iranchlae agreement shall
Incospo:ate trY rderence the relevant pmvlebne
vl Ihh chnpler. Any such franchsa must be
approved by adinnnte of the Tovm Caundf
puraUnnl la the ordfnalxea M 1hs Town and the
Charter of Iha fawn.
n. In Iha quuree of corrobnnnq en fyrpHCnlbn
Irv rnnewad irmrchlae, the Coundl shall hold n
public hearing, conalalem whh the provlatona of
a7 U.S.C., Sadlan 828 as evlepnp a ea may
Isom Ilmn Iv time he nmendnd.
d. h hnnchlae granted puraumrl fo Ihle
chaplet shall nvl lake eflec! Until the Appllcnnl
pays w grant Ida la the Town. The gran) lee shag
Nv enunl to rhn Towne rnaaonahiw dlrod canes
In the Irnnchl6ing prbceae. Iesa the appllcallan
liling foe racplvnd. Tha Tawn shalt pravlde l01ha
(Nrnnloe a alntmnmrt suntmarkzing Huth coals
odor to Ihn oxocullan al the handrlee.
I a. ACCEPTANCE
A Imnrh{se and ha imrns end mnditbna shnk
toe ncCwPled by n (3mnlee by wdllan insuurnnut,
In n Imrn nccnplnblA ra Iha Town Aucrney, mrd
IIIeA wllll Iha Town t:brk whlnrr Ilrkty laay dnya
nllnr Ihn grn,rtlnp nl Ihn Irnncl,lnn Iry rl,n lows. h,
IR nCr.wnlnrtf. h, Ills (lrmrlnn Rhnll rlnrlnre tirnl It
Irnx Cnrnlldly rand Ihn lnrrna nnn cnnrillbnn er
Ilrh anllmm~rv nml Ilan Inrre~hlnn and nr r,.pR HIE
01 ilia 1wHlla nilrl Lnndhblle nl nib nidll1n11Cn nhd
tlm hnnchlav and nprpes tv abide by carne. In
nccepiing n hnnchlsa, a (irnntae shall 3ndlcnte
Ihn[ it has raNnd upon Ns awn fnvosllpnllon of nH
rnlnvmd lacln, Ihn[ h wire nd bdrJCwd to ncrvPl
Ihn frnnrhlnn and Ihnl FI accepts all reasonrtWa
rlaha ralaling le the Imerprelatlen IV the
Iranrhlsn.
I5. FIIANL;thSE IFRM
f tee tarot al Iho hnnthisa shall bra as
epecNlnd In rhn ImnCMae agrnernenl, hV1 II shall
nvl ascend Illty IASy yens. H a Frenchleav senkn
wulhwhy In grwemn a cabin ^yetem In the 7bwrt
hnyvud the fnnn of he fr nuchlea, h shall Ilb nn
ryYdbnlbn for a ranewrrtl hwnrbhe not taint than
Ihiny {3v} rmnvre prim le Iha aapirwlbn o1 ga
frnncldew.
1a, FRANC. IlSLi rFF
•. The Franchisee In conelderatlon v} the
prlvgnpe prwnled undm a hnnchha !or the use of
the public ways and Ihw prlvllepe to conalrud
and pnarnia a cabin cvmmunkanons system,
shalt pay Iv Ihw Town Ilvn 153 pnrcanl of Its
annual grvaa revenues dwlnp the padod al Its
ofxlrntlon under the hanchlse.
b. A Franddene shall }Ile wN}+ Ihn Town. thhty
(39J tlnys niter [he IRaI day OI eAGh gVAltnr, A
IlnancleS aiaternenl showing the groaa revenues
rerwlved by Iha FranchBne during the preoladinq
gantlet. A Franchlnoa shall pay the quatledy
ponlvn of Iha Irnnchlne lea to Iha Tawn on or
before Iha Ilms audS lbanclel /kalemenl Ee dVn 19
be Illsd. Whh each payment mqulred by th€e
Secllan BO?. Iha Ftnnchlsen shall eubmil A
wnllen elnletnant, alpnod and cedif[ed by the
f enrolees !p bra true and ppneci, ehpvlnp jar
the bnnledialaly preceding ca}endAr quarter the
emvunl v1 prose ravenuwa, the arrount of all
revanuea dsdved Irani the syalam and en
Ilam$nllon of all pernthalble deductions
Eherelram la ardva A gm6a ravenuea. The
Fmnchlaen shaft also aUbrMt is Iha Tawn an or
before the 711Th day ioilowhrp Ihs and al each
cnlendnr year and loHawlnq me erplrmbn m
lerrnlnRllan al lhla hnnNtien R wrnlan elarermnl.
signed and cenltled try the Franchhve to t>e hue
sad eve roc[, nhow3ng tor, the ImmedlAlely
preceding year or pnrllal Yvar, ee epplicn6le, the
amount of glosl revenues, the emounl of n11
revnnune derived irmn the eyaTem and nn
Ilamllntlvn o1 all permfaelbte deduclFona
rhereham 1o wrrNe al prase r•venuas. Th+ Tawn
ef,nll have g,a rbld an Ihpty {fiat drive dollla to
the Hanrhleae to demand Thal Iha annual
slntemenl bw cvrlllbd to be Ims and cpnecl an4
In corrpllnnce with Ihn requlremenu of [file
ordinance by bulb the Fmnchhee end n
#ndMrendwm cmdllad public accountant In
eccnrdnncw whh sound end ercwnled
acrpuntlng Wadke, the alnlomonln relannJ to
In ibis aubsedlvn what{ be {n ouch form Rrtd nlyle
and mnlnkn wNt delnkh and Inlounalian ore the
Town shah reneennbly deelgnnie. Tha
aC[~plance by Ihn Town of paymenla of tepees
thnrnol ehan he whhoul praJudlcw and shall not
Conatilu,ta a waiver n} the lvwn'a tlghl Iv ckalm a
dnllebncy In Ihw pnyntent nl lrsnchlse lave ar to
auJII the Franrhlavna bopka end retards, ore
hnrelnnllnr Rnl Ivrlh.
c. Vprnt Ilvn (5y drays prior wdunn notice Iv
fin Frrtnc}liana. Il,n Inwn whnll ISnve pan right to
canna n cvuglnte Aw14 In M ntndw of Ihw hooka
nd rnenrde nl the Frnnchlane whh reaped to Ibe
System. II the roaUNa of ouch audn oboe lhnl the
genchiseea stntamenl of groan revenues for
nny parbd ending not male than three (9] yvara
prior Iv Ihn commnncemenl d the audN h:y been
undnntnled by Three pausal 17761 or more, Then
the Frnnchlaee shaft ony Ihn Tawn the coal v}
such sudh, any dellclwncy payment shown by
cult eudll lobs due end Inlmeal thereon at the
sowed rare, A laport d fns Ihndinga of Iha
7 vwn'a evcou nsnm shall bs bindlnp and
Candueive Upon the Franchhas end Ihs Town.
d. rn Ihs avenl That any Iranchlae payment h
not fecelvnd by the Town an ar helms the
epplkabin dale, Inlareel obeli be charged ham
^uch dale al Rn annual Imer•al role Then
ehnrpwdrle tar unpaid Indernt Income lexna (2a
13.9.0., 9edlw 88211• In addillan Iv Iha
InragvlnB. Ma Franchlerro aheN pay a Lte charge
al flue [5] percnnl n1 Iha Amount of each
payment. Imereel and fate chnrpea win not be
chnrgenble to [fee Franchisee Ivr eddlUonal
payrrwnl requlrad under the Yearly edJuslmenh
prmldsd The! wch pnymonl does nd evheed ten
(191 percent of the joie rNnlhly pnyrJwnle made
tlminp Iha yawl. In the event web payment
eateede ten {19] pereenl, Ihs Frenthieee ehnA
ba liable for Inlsrael and Irate chupee for the
ennea ampunl.
a. In the event n hnnchhe la revoked or
olherwke lerrrdnnted pr{m to Ha axpiratlon dale,
the FreneMase ehak the with the Town, wIIMn
nlnwW Ip9j dnya n} Iha dnln d rnvvcNlon ar
Inrrrdnwtlnn, n nrrdllad Rnnnclnl elnlnrrvsnl
ahrwrhtq Ihw grlvaw re una rw.:nfvnr! I>y she
I mnClllane alnfe the end of the prwvlOVn yon
and shall ranks adlualnwnle el rhnl Ilene jar the
hnnchhn Seen due un lathe dale d revocation or
Porn>Innllvn
17. INSURANG£, BUNU9 iNUF.MNITY
p, Dpon Ihw granunpp OI a Itannnlae nn0
IUllvwlnp dmullnneouelY Iha Illlnp of the
eCsplancn d the Irnnchlee and al all Ilene
during the term of the lranehiea Indudlnq Sha
Ilme tar removal a! fncsdlne or rrwnagen»m ee a
Iruetrte ee provided for heseln, the Franchisee
ehnA Obinin, ony all premlurrw tor, arse delver tv
Tha Town wnttnn evidence a} paymam oI
prertdume Irv end the arlglnnls d the fonowlnp;
fy A general carrprehensive publb Ilability
ja)Ilcy or pollees Indenxtlly€nq, delend}ng and
saving hmmlesa the Town, Its alllcere, bonds,
commisaloris, agenln, ar etlployeea hum Any
and ell dAlma by Any peraan whatsoever,
Indudlnq the cont6. ddanoea, nllmneyt tent and
Imeresl nrl6lnq Therefrom on account d In(uq to
et death d w unison or panarn occasioned by
the operailona d Iha Franchhee under Ihs
hnnchlea Mmnln granted, or ellAged fv have
been w Loused a ouur:ad, wllh a minlnwm
1lahlllty d one million tlogan {f1,999,999) pet
personal Injury or death d any one {fj parson
And Three mNflan dopers (59,090,999} for peMdn
inhrry or doalh of any Iwo {2] m more pereene in
any one (1y xcunence. The policy shall be
endorsed adding coverage Apnlnal all claims for
personal Injury Ilnblllly affaneea.
21 A properly damage Insurance pulley or
pnllCiaB Indamnilybq, dOlOndhlg and saving
hmmlesa the Town, }tor olhcera, boards,
carrmthslona, agents, and elrployees from and
against any and all dalrm by any parson
whatsvavvr, Including lee cas1B. da}Brio BB,
nllmnnys lens, and Intefasl arlaing lharelrom, lot
prgleny damage ocavslanod by Iha upalAllon of
She Fanohlsaw elder Fhe franchlsa herein
granted, nr alleged 1v hAVO been So cnueod or
nod, with a minbnum liability of fHe hundred
thousand dollars [S5a0,oaa] for prapeny
damage to Iho nroponY of any one {1] parson
and one mlHlon dollars {f 1,OBtl,OgO] Ter property
tlnn,ngn tv lira prapnrty al Iwo 19} ar mare
pnrepna In nr,y ban I11 nccurrnnce.
3y A pednr:nnnin band bl hands In raYm al
Ihn fbW,l W{Ih gnarl mlrl RIIlllr:lnrrl elllnly
npprnvnr} by Il,n lawn In SI1e aWll eel hull) Ir11h1e
Irlnch{6e agleernenl candlllvnnJ Upon'Ihe
lallhlul perlarmance and discharge vl the
vhHgatlvna Irtpasvd by ibis ordlnnnco an4 the
Irnnchlne awardod hereunder Irom the tlAle
finical. Ttw mm~unt or the band stay he reduced
as nny cvustrurabn Item le rrqulred h cvrtptvsed.
Cohelstent wllh Iha Iranchlae apremrtenl.
b. The bond regWremnnta eel forth shove
ehatl no longer apply upon camplehon of
cvnehuNlon and Inepecalon by the Town as
follows:
If] F[anC}Ilawe BM1AA glVe nOIICa 10 the Town
wt ouch Ilrnn Aa Frmtchlsee hoe cantpleled the
wnsUUdlou.
Iv} Ur+on recnlpt vl nonce, the Tawn shall
Wax. sixty ley dnya m ,eGelrw a wralpn report
Iwm wn Indnpend eel nnplnnor; prvvlded,
however, H the Yown Inlle to receive such a
wnllen roporl wllhln the slaty {69J tlwya Iha
mrlatbtbn of Uon6uvdbn ahaq be deemed to
have taken place, unison Ihw lalhrre to receive
each n report la sue to un}vresean events, nnn
al Gad, or evenh beyond the taasonabls cnnlrol
of the Town.
J3) NaJwilhntandfnp enylhlnq la the canlrary,
the Town may wndlllon corcplellon of the
canalrvdlan upon recelpl of a wnllen report from
an Indopendent engineer. The canple9on of the
eyslem upgrade or eyalem rebuNd ahnp not be
deemed to have taken place ungl the
Independent engineer rapnns the lollowing;
IAl All conahuclfon or Impravemenle
camemplated by Iha Franvhleee have Kenn
Carrpletad or otherwlae aallaladoNly reaaNed;
Jby SRHBIACIpIy lest tee uha using the
tachntcnl elandnrds set rbah In Ih4e Iranchlae
agreerttanl al up l0 fen (h0y widely nepmnletl
nubscrlber drupe aeiecled by the Independent
englnenr and usArg Ihn lolbwing IesIB:
I] Sfpnal Ievai
2] Hum
3y Sypasti reapvnsiva eyatem
41 Carder Ip nblee of system
5j TASO pkture quNky f2 m bailer]
{cj CorrpllanCe wllh ell appllcnbb Codes and
atananrdt.
Jdy Cmringe d the bask aarvke A5 avelhble,
nor set forth In this Iranchhe ordinance.
c. AI! bands and Inamance polkas cahed for
herein shnN be Inn }arm sndalenary Jv the Tawn
AuvmoY. The Town may el any lime, N It daema
JIepN Inancure, requlre a Franchtee Ja provide
wddilVpnnl euraHes td any~wnd art bond. ar to
repo cw exlslbq bands with new bands for good
and eullklam ewesy ppprwad by the Trim.
d. A Fmnchlavo afiall, et 11s sole coal and
evpensa, Indemnlly and hold harmless the
Town. Aa o}Ilcloln. homes, corrrmieabns. agnate
and enadvyeos agnhtet any and all doing, sake,
fml6ne of nCllan, pfvcaedings. Rnd JVdgmenla
for damage ndeing ovl of the opamllon of the
cable communicnt{nnn eYslem by Flanddaee
undor Ihw Iranchlae. These damages shell
Include, but Hat be Ilrnhad to, panatelas Adsing
out vl capydghl inlhngvmvnte and damngea
arising out o}any (Allure by Ranchlsrro to secure
consvnl lrorn Iho vwnera, nutharfred diabibmore
yr Hcnnseea ar ptogramn to be delivered by the
Fmnchlsov a carmnunlcntlvne system whether or
Hal nny act or vmhaion oortptainad carrylained
at la nulhprlrnd, mlownd, ar prahlhllnd by the
Imnchlnn, b,rfnnvdhnd nxpnunna shell InrlUde,
but Hal be llndled to, all vul-or-pocket evpeneee.
ouch nor Costa and auamvys lava, end shall also
Include Ihn reasonable value of any eervFcsa
rendered by the Town Allomey ar his or her
naelatanle or nny errpbyaes of Ihs Town.
e. No FrArtchleee shall permli airy pallcY or
band fa expire and the Franchisee, not leas Than
tAltly 139y days prbr to N6 explradvn Bhall dalMer
to the Tvwn a eubNllme renewal or roplacament
band or bonds In conlarmance with the
pravhlona of Ihle ardlnanu.
19, LETTER OF CRECIT
a. The Town maY m Its dhttedon require That
w Franchisee oblaln rt Ienar d credit. When and N
the Town ehnWd ea regvke, the Frerrchlaee shall
depoeh whh fhs Town A letter d credo Irom w
Ilnxncle! Inatlltalan approved by the Town In the
nrtgvnl d 111Jy thauaend ddian {f59,999]. The
Feuer d creek may nut be revoked m lemdnnlad
durlnp the term d the hanchlee except with the
wrlnen approval d the Town. YRe Corm and the
cvnlenl of each letter o1 creel[ shall ba approved
by Iha Tawn Andrney. The lever d vedi[ shah Ire
Used to Insure the lallhlul performance by the
Rnnchlean of ell provlabm d the francnse and
d Ilde ordlnenca; cortpllnnca with all arden,
permlle and dhedlons of any agency,
comminslon, boned, depanrnanl, dlvlsfon, at
0111tH of Tha Town having Jurhdkllon over its aria
or defaults under Fhls license; and Iha paymanl
6y the Franchhes d any dAlme, gang, and tuen
due the Town or other munklpalAlea which edge
by reason d the canelrudlon, pperallbn ar
rrtnbinnnbCn OI Ihn eyafnlR
h, N,n loll rat al CIndA Nme tM Itlahllnhled 11y
Ilre Frnnct,leee nl leanly 11v11hbUennd dnllnra
(f25.flo9y dining the enllrw term of the }renchise
as Ihw Tvwn may requlre, oven n funds ere
drAwn Agalnal h pUIBVan1101h1a ardlnnnce.
C. The feller of arodlf shoji eonlaln She
fvlfowing endmaerrcnl:
'N b hereby undmetood end agreed Ihn[ 1hk
letter d aedlt may not be cancelled Iry the nurery
nor the Inlenlton nd to renew be elated by the
surety untll IhErty (39y dnya aher Ihv receipt by the
Yawn Allarnay, by cerflfied mall, of a wrlnen
nvlka of such Inlvntbn Iv cants! yr not [v renew.
d. At the Towne opllan n maY draw against
the Inter vl credit for any unpaid Ikquldnted
damagos, franchlas lees, ar other amounla
owing la h undor the hanchiae which are [hlny
(30] days or Here peel due. The Town shall
notify the Franthlaes In wrlling Al IansS ten (SO}
days In advance d drawing upon the letter of
credh.
I0. LICUIDATED DAMAGES
In the event that the Town Ilndn the
Franchisee le In vlola[IVn of any melerFAf
obllgaeon urrdvr Ihie ardlnanoa ar the Iranchlae,
the Town shalt nollfy the Frvnchlees !n wrlllnp d
such apparent vlalatl0n and requlre the the eledrFcrd ar lefephane or olhar tdillly lines
Franchlaee la cure the delauh within a ,
wires, pipes or sllaChrtwnta. The Town may
leadonAble Ilene. The Fenchlsee 6fiall respond Inspect end apprlwe Iha rnndllfon d the public
fn wntlnp Iv the Halite of oblation whhin Inn IlO) ways, sables, wires, atlachmeme and poles aver
working days Irani recvpp! o} each nolke Han{rag fenxlrat. Thor Ifabfllty, Indemnlly and in6vran CR
fnrlh the elope mken Id caned or propose to as provided herein nd In the Valt cabfv
tree Iha vldatlon. The Town may extend the lahvhlon ordinance shall Gmntlnue In ful} lore.
lima far Huth rwappn5e upon a .hawing o} lust and afford during the period of mmovaf and unlit
cause by the Fronfiiane. Franchisee m y, wllhln full c0rtrplhrnca by Franchisee whh Iho farms and
lhrea 13y dnya of roca¢5 of ouch notice, nvllly Ih8 condRlona al this paragraph and Ihla ordinance.
Town that Ihare la a dlapuly Aa to whelhm a In She event of A IAllwe by Franchisee Eo
vldatlon or failure has in Iacl acCUned- Such correlate any work requlrad 6y Ihfs Iranchisa
noUCe by the Frnnchleae to rho Town shall agreoment a3 the Vall cable lelevlaion
apathy wNh parllculndy the rnmlels dl5pulod by ordinance, or any vlrror work required by Town
Iha Franchhoe nntl shall striy Iho mnning or the law ar ordinance Wllhln the Ilrtle as nhzy bo
above dnacribad Ilrne. Tha Town shall hear she
' established and to the sviisladbn of the Tawn,
Franchisee
s dispwe rat w regularly scheduled Iha Town may cause such work to be done. Tha
meellnq within o reasonable period al hate. 11 Franchisee shall relnburea the Tvwn the coals
after homing the dispute, the claim fs uphold by Iharaot wllhln thirty J39) days filer racolpt or an
Iha Town, Franchisee shall hAYB IIYB 15y daYS damlZed Itsl d a4L'Ia learn.
Imnt ouch a delarmination Ip remedy the 23. SUSSCRmF.R FEES nND rTA T£3
vbinpan pr Innate, a, the inlllnl lens to bra charged Iv
Thn Ipwn Huey nnnnne pnnnlllnx nx Inllnwn' auheprisera Ivr w11 a•ruk:ns IncuulN,p Inelnpnnvn
n- Un m or,w I,unMnd dnlinrn it Hall I,er dnY Inn nntl prl,nr nnn man chnryne xnnn fin
Inr anehm lbrl rMmMl Vinlnllenn,
e nnnr.lllnn kr nny h•rlCldaw agrnnrnnnl laeunrf
h. Up to Ilny rJallnra If SU) par day Inr puraunnl hnrel n.
le Wldng vMlallonn. b, lho9e 1096 and Charge! whECh are eab}wd
e, Up to 1[ve hundred dolian [f5v0) far other to repuladon by the Yown In accordance with
vbintiona. Federal law shag not be Increased wkhoul prbr
The penalllen eel Ivnh hereht pre in add'dbn epprovnl of the Town.
to all other righla of tho Town whether rnservod C. In order to WSnin Tawn nl>Froval for rote
by Ihla Irnnchlne ordinance or authodzvd by Ihw inClensas. the Fmnchlsee afiall file a ravisod
and no .pion, proceeding or axerdae of a dghl schedule of rates with the Town at leas) ninety
with rasped Ja wch penalty shall aHed any other j90] days In advance of a prapasad rate
dgM the Town tray have- {ncrsase. 9ubscribera shall be notillad of the
29. FORFEITUFlE ANO TERMINATION Rrppo9etl Increases whhin lea (T9} days ni
a. In nddhlon la all other rig file and powara natbe 1o Iha Town. This liling shall spwcHy the
retained M the Town under Ihla artl{ashes and raise or lees to be lnneased and aeaacfated
ony fmnehlee ieeund puraunnl Ihmnty, the Town repulollpnn which may nllwct chargaa w the
reanrvee Iha right 1o Iudnls end Iwrminate the suhacrlbera end the luerlncallone for Wald
IlRrtlillae 0.nd Rd rlphle and prlvlingna p} Iha IACfertene and Chxrgea, lbw FmnCmSnn Ahan
Frnncirtene In the event d a4lUatanllnl brooch al prnnlplly evbual nny wddhbnw7 fuppaning
{le lwrrrw and cvndillene. A anbalnnllnl breach by Intornrntbn rwgvnalwd by the Tmvn,
the Franchisee shall Inctude, but shall apt be d. WNhirS lhlny 130} days of the rmv Incrnxae
rhnlled lo, !}b Ivllowing: filing, the Town shall IcheduSe a pu61b meet{rap
tj An ensured vldatlon of any materlaf before the Council to hear aubacdbar and
provlalan d lhlc ardlnanca or Iranchlae Issued Franchisee avrtFinanl an the proposed bcraase-
lhereunder. or any material rule, ardor, pollvwing the public meeting, the Council afiall
regUlellon or determinatlan pl the Town made determine whether yr not la gran) the plopoaed
pmauanl thereto; Increase or a porllan lhereol prior Iv the
2y An atterrp[ Ed evade any mntedaf provlsbn eppkat3on d said ninety [99] day period.
of Iha hancfiiae a prae7iee of any }road or tleceA e. Retee shall be Jual and reasonable,
upon the cable cammunlCatlona eyslem tonaidenng the FrenCAlsee a caela, Induding a
cuslamere and wbsaAtera or rsxon Iha Town; raaeonnble role on Invastmenl Duel [he
3J Failure 1o beg[n or gubatantlally Complete remalning term of [hv franchlsa, and shall Hal
any ayalem conetrudlan or nyslem exlensbn as ~ pNe any undue nr Unreasanabre prelerenca or
ad lath b the benefice; advnnWge to any eubaerlber or clean of
4y Failure to pavlde the rote, qualhy end level eubscribere.
al BBrYICee prvmised 3n the appllcalipn m I. Raley and drargee maybe reduced al any
tpedifed In the Iranchlae or a teanonabia Ifrne withovl prior Town approve, prnvkfod that
arbstilule theralor; Iha rotludivna do not recall w rotas wythch ere
5j Fallare Ip re torn a rvlew nller inn I lay onabfy d;aer;minnlary la any avbaerber oe
cpnaecu[Ive data of intelrupled aervlce except CFasa al auhscrlbera, Where temporary
when approval d such intenuptlan le obtained reductions n a pal into elate for prartwtivnet
Dorn Iha Tnwn; pwposes for a specNled lima perbd, a relmn to
6) Material miarapresemal[an bl Ind In the Iho permanent role shall npl ha cvnsidored a
appifcation lot, or dming negvllallan relating to, tale increase ivr the purpose al Ihfs Chaplvr.
the ImnNtlsa: Tha Yawn shall be nollllad of alt reductbna In
71 FAlbre to pravlde ewety end Indemnny an raise whnlhvr narrnrnenl or renporary.
required ray the franehhe nr Ihln ehnplwr. g. Rates and charg nn not nubintl ro
b, The fraltphlaee afiall Nava no IL blHly to legulallvn by the Tpwn Vnder Federal TRW or
the Town. trot abaft She Tavn have the right to repulallpn may be changed by the Fran[hlaee
lerminwre a[ taroks Ihh fanchlss ar Invoke follawfnp A minimum a! Thirty (791 days orb[
pennitlee In accordance wElh 5edlon 19 0l the ndlce la She Tawn and a minimum d Ihlny {39y
Cnbie Ordinance ns a resell d any fnAUre of the dnya prior Holies 1o all subenlhera of basic
frnnNllsee 1a pedorm, or delay by Francitleaa Nt eervke.
the perlormnnca ol, ha dsilp.9tlone herounder 2a. REPORTS
,{other Rtan.la,rpeY .the lrwnchhs inn ant rahex,ga.-~ w Annul Repon + .~ _
pnymenu regdhe6 by Urb Ap.ewmwmf a euch~ Nv Inlwr than one hundred twenty yt 20J days
ralrure or tlelny b canoed by fadpro beyond me aher Ihn ens d Ise each Franchisee a ascot
cvnvol d the Franchisee, Induding wkhou[ yams, the Rnnchleee ehatl the a wdnen report
Ilmimrbn, any hood or olhar Ad d Ga[d, laws, with the Town whldr shah ksdWa:
segulallona. raise of create d any govermmntpl I y A summary of the previous calendar yearn
agency. aabolage, elrikee. lockouln yr Jab ncalvmoa and devalvpmanl of She syalem,
acvonA, Inllme or delay fn trwneponetlon or Ihn Including but Hat limited lo, services begun yr
unnvnilahlllly of any product or material dropped, number of subeabole, bcluding palm
necessary to Ihn pedourtanca hereof; provided and losses, harass past, end m11vs d cable
That Fanchlaeo has exercised all due care to dislrlbullan planle and aervlca.
prevent the ocanence al such svenla whkh are 2y A financial slatelrtant candled by an ollkar
raasonnbSy }orvseaable, Inctud{rag whhou[ of the Fmnchlsee Induding a alAlampnl of
Ilmllapon, a[tlVply pVlaVing aflelnM3vB produdb, income, a balance .heel and a etnSnrnonl of
materials and moans of panspvnatlvn, In Iha sources and applicaliona of lands. TM slalarnenl
evvnl That delay in ppdammnca or lollum Iv .has include Holes that spnd}y all signillcanl
pprlarm allwcls only part of Frnnch19e0e capiCily accounling ponclvs and pradfces upon whlchh
to padmm. Then the Franchmee ehan pedmm to la based, Inclutl{n g, but not Ilmlled Iv.
the exlenl N In raneanrtbly able to do eo. The doprvclntlon roles and malhodobgy, averhoad
Franchisee ngreew Ihnl Ihw a cues Ivr
x and Intorwxl xyxtem emrl alive+llon mnlhnrle, and
umn Inal
onnnrlannnnce unrser ode 9nruvn baste Ipr Intnrnat expnnaa. A awmm~ry shad fin
only eo long ne the nd which excuses prvvlded conparlnp Ute cmrem year with the
pedarmance under Ihla 3edlon shag mnpnue Ihrea pravlova years. The alalvmen[ shell
whhoul Inlerruptfan. In correcrtng any causes al carvlaln a summary al Iha paYntems.
nanpedormance and In elle[gng any padlal
pedonna nca, Frnnchlaee shall lake all 3) An annual summary of complslM6
necessary coueClHe edlana we expedAlavaly ore recalved.
pveslhle- a} An annual projedlon of plane jar the
a The Fown ahaEl make n wrhien demand by future.
cenltled mall Shat the Franchisee carrply whh 51 An annual raped of the company,
any such provlelon, ruk, order a delerminalivn 5J A cereal annual emlement d coal a1
under or pureuanl to the hanchhe. h e violation canuuction by cortaxonanl calepory.
of the franchise cannnvee for a period of Thirty 7y An ownership repv+l. Indicating all
(39y days lvllowing ouch wriaen demand wllhoul persons, who a[ any thne during the pecedlnp
wrfllan pwd.lhat the conanive edlon ban not year diredly eonlrvllnd or benelltatl Irom nn
been Taken or la being adhvely and expedltbuely Imefeat In Ste franchlsa d five {5] percent or
punund, Ihs Tawn ropy coneber terminetlnp Ihw morn d the nramen.
hnnchlpe; prvvlded, however, ^ wdnnn Hofer-e B) A copy of NI The Franchlsa+f mlrn end
ihvred ahA1t be given tv Ihw Frandthev al tenet rngulatbns ly,pllCahte la aubacrlMrs sr,d veers
Ifeteen {I5j days Nr advance and the Franchisee d the cabb anmMunkatiorla syalem.
must be given en ap}>adunity to appear bolero b- Addl[bnal Aapons
the Cvuncll to presanl Ns arpumenh. Shourd the Fhe Franchisee shaft prepare and Iwnlsh Iv
Town determine, loliowing the public beefing, the Town al Iha tlrrwa and to She loan preaniyed.
Iha[ the Molallan by the Franchisee was the lank Hoch addlllonat repods whh rasped Iv eta
vl Iha FtanCnlsee end whhin the Franchisee's operallon, es may !» rewaonpbly nacasanry and
cvhuol, Iha Tawn may, by eeeokJllon, tlndme that appraprlnle to the perlornuynce vl Any of the
the Irnnchlne be larlelled and tmminnted; tlghlb, FunCllons or duSlea ai the Town in
provided, however, the Town may In Ile vonneClEpn w{lh Ihh vtdfnence ar The franchlsa
disarellon, provide an oppmlunlly Ivr the agreement.
Franchisee to remedy the vlalmlan and corns 25. RECORDS REUUTAEU
imo compliance wllh the Iranchlae and Ihh s. Mendalary Records
mdlnence eo sa !o avant the terminatlon. The Fanchlsaa shaM1 at all Mmes nnlntaln:
21. INSOLVENCY 11 A record d all canplainis reveled dudnq
The franchlsa prsnled hnrevnder Hwy bs the lmm al the hnncNee.
Inr minwl•d attar to Ile explra}Inn h Iha lawn 2] A lul! Rnd Genarinlw set M pinny, rwrnrdn
[:nrrnell Ilrrrle lhel prwnrhlsnn hnrnrnna atld'm lulfh'rrnna ebryrring lire start br mina nJ
InnoWnnl, unnbw or urrwlnrnp to ony Ile dMrJn nn ell cal>In telnvlnlon system nqu¢arrenf Inetnnwd
dtvy barortte duo, Illaa p petllbn for raliel under ar n Use In the Tnwn, exClValVe d nVbaC[Inar
any state ar ledem! bwnkluplcy, raorgwnl;etlvn, eervke drops.
ImaMenty ar similar law [or any Hoch pelfllvn Is h. Inspncikn by Town,
filed agalnal Ihn Franchleea and Is not dlemlased Upan reasonable Holies to Iha Franchisee,
wllhoN BIx1Y I99] dpyaj, 4 adjudged ae bankrupt, the Tvwn shall have the tlghl to inapad ail
naalpne ag Of a aVhBlPbllal pan ar fin asaett far Prnpeny, maps Had IBCald6 lnbling IV Iha Cable
the banal{t al ha credllore. all or pad of aperallana rat any t{me tlurinp normal buslnean
Fr anchlaee'e lac€gHes ors Bald under en hams. Arr records requlad by the Tvwn iw augs
inalnrment Iv assure a dots[, m n receiver la InafxeCltpn shall be mado- avanable whhin Iha
nppofined wqh rasped to all ar a eubelantlal pad Yown of Yeil, Colorado, wllhln a reason.,bb Ilrr»
ohho Franchheee assets ar alock~ alto the raquesl.
22. REMOVAL OF CABLE 29. pIUNGS
COM MUNICAYlONS SYSTEM The Franchisee shall mall or deliver a copy al
Inlhe event ibis Sranchiae agrealnen[sypirea, all liling. fl makes wllh Slate and Federal
le revoked or olherwlae terminated, Ftanchlsee agendas to Iha Town Clark. Sold Cropy shag ba
shall remove at Hs own expense all deelgnalad mafbd or del[vered on the liling dole.
porllons d the cable cammvRice[ton8 ayelem 27. SERVICE CACL9 ANU COMPWINT
Tram all aNnala and publk ways whhin the Tvwn. PAOCEDUR£3
In removbg Ile plant, alnrdurea and oquiprnenl, a. Dming the term d Iha cable AenNrlae, the
Fenchlsee shal€ refill, ai ds own expense, any Franchisee shall pwlmoln nn ollEce In the Fown
sxcavallon that shall 1» made by h and shall a h the tidally lhared whldl aubaaA»re wkhln
}save all publk ways h ore good a oondllion as the iranchl6a area may Telephone wflhout
Thal prevalHng pear to Franchlaeea removal o} incurring toll charges. ExcepT in the event a}
Ile equlprmnl and AppllAnce/ wllhavE affecting 711fr1 [o Page 55
r a•
~ ,
WAISRIiSSlCASIIilER -Need rnemre,
honest, hard working woman fur ycar-
raund full tintt position. S[arl et
56.SU/hbur II hts [Ips, l lnusurg nvad able.
Please call Eienalc 476-0241 utter Spat.
ADMINIS'1'RA'[7VIi ASSIS'l'AN'J' -~
hull time ycnr-round pasitiun. Includes
clerics! and ndminisuati vc nUivilics es
well as gttagr salc+ anrRlinalurlor large
hmncownera association and rrnlnk
operation. lixccilent bruc(its, housing
available, Aprdy in pcawt, Vail Recyatct
Club.
T1lG GULll1iN 1SIiAR is inlcrvicwiug
for a pasbian in our salts depnnmcnt.
Cali 47G-7512 1rrUV'eCll 9nm•Spm
Mnudny-hriJay k, nrrangr fur nn
;w rn•irw. I'Irnce hove n•fctrrrres oral
Insuntn avnilnirlr.. k'Icaec du era al+ply iu
pC I5fR1.
NI?IiU I'AIt'1' (lit I°UI,I,'1'IMI? WIFI( -
Carcer woman utrds frcrsan to du
enylhiug anJ evcrylhiug itt the beast.
f~tut, positive aturtrsphcrc. llanusrx,
available. I'Icase send resulnc to Ilex
486, Vail, CO R165R.
AfUUN'1'AEN Slil'iiRVlti(sR --Ycnr~
reuuJ full time pesilinn fur h.ud worker
with rxpcrirncc in rlcctricnl, sntnl]
appliancr rrpnir, and gcnrr.,l enrprn[ry.
Urxxk heucliu and ba}uiug availably,
Apply in pawn, Vail itaryucl Club.
PART 'I'IMIS, YIiAR-KOUN17
COM1II'1 E'IyiK kry lanrrh r4,rmtur ncrdcd
for public nereuteting (inn, Smurc
bnakkc ingg ezprricncr. helpful, Ccattncr
nclrrs v~9-S1B:S.
A )OH ]N 1iUR01'li7 Au 1'airlNaunics
nccdcd.47G•U2G3.
TIITs 11ULEPAY IIO[I51i in Vnil
Village is hiriu~ desk
ClCrkslretCr~a11an1aIS. 1'nanrva ellltmlc
rod gaud plwnc 1,crsrnsnlity n must.
Benefits induJc hceUh iusurencc, ski
ppass end in-town (,arking. GsxrJ )ray and
^czible hnure. Cull Luri at Puuraele
Resorts 845-943U to aiSrly.
RG$r:RVA'1'EONS MANA(n:R -
Exccllcnl full lime, yenr•rnund
oppnrsunity for dr.(ail britnltd
expcrimtced rescrvntiats rnanngcr. Must
have experience In inventory cunvnl,
corn lsuttritcd plrunc systwna and
' previous homcowucr nssucietiun
ezpcricnce wnu1J ht helpful. Apply in
pcrsu» Rt Vail ]tacyvct Club.
opg..a.:r.=nitieJ3
DUfLfr 1SUIL1)IN(i I~O]t SALB try
ownrr. FizcnBcnt invr sl nsrnl pmlx'rry
and rnrtnl bluer yy. 1Vr11 mainlaimcJ, 2
6cdmows, 1 built, in tack ulril. Nrw
applia:rcca in Runt unit. f,atnldry huakup
in rear unit. 14un1, rear and a tstairs
dcckr. t-orated iu liaglc. $IflB,fl00
con,plalc, far Further infanuntion cell
476-5127.
N1iliD CUS'fOMIiRS fur yarr scrviccs7
All liaglc Cattnly pn,peny owners in
my dale base fur scarclres, mrilbtg
lnlrcls, letters, lists, eta 476-9166.
-1'15[5 [.S'I'EII? l'IiAR to own your awn
IIsrn[ilablc gift shop. Wcli iota led in
[.least Iced. Rcnsnnably priced, $42,(NIU.
[avant bry RvailRhtc with possible
fiRqucntg '1'tlrnkry or leasehold only.
C'a11 Kayy rbr details, Century 2i Schtid
Rcahy, htc. 47r.69U1.
BOWLING L'liN'l[i]t1NIGlI'CCI.C)1! w
be Jevclaped in [idwarcls Villa gc
Cenuncrcinl Centct. Will consider sale
of Inrn-key project, joint vcnnrrq ar
bnsc w riAcrr spncr. nr both. Cuulact
fim (i«•rn, IV outer ])evrinpu,rnts. lac.
(:Sll.l) 749-483:1,
111nI.hIiRInIiVIiL[ll'lilt regnilns
finnnci nl invcannral pre caner fur building
projects In VaillAspcn, CbinrxJu,
Contact lid livtrclt, (3U3) 949-4117,
I'.O. Box 91186, Vail, CU 81Fi58.
NO [.ANDLORI} in this restaurant artJ
bar in liaglc. Ihux rndudcs ell Ilalures,
cr uipnrent and real estate. Only
$isB,lil1A. (:all Nxlay. (lore Range
I'ropcrlicslBencr Humts and Gardens
4~1G-zARZ.
GIUiA'I' I W$INIi55 (sE'J'l)It'TUN1'I'Y -
itclail business fur sale iu Avon.
IizccBcut Icase. Crane incarirn,. 'I'u mkcy
nl,rtntiue. Very fair price. ]'rinci tries
only. 949•A[116.
POIt SAl.fi -- Vail's only miniature
y-elf count, 17,11UA buys [urukcy
npcrnt;on. (:all Rolf 4'TG-24 71.
AIII-SWlil)IiSIN M1'11N'I'U12N is going
stn of husinrr s. Video resist package,
J i[J moults, dtsplny rack!, cash register.
Ytrllr aWil hnFlnCa9 ready la gP,
$]li,fl[111. {3U3) RZ7-5781.
AVAIr.ABl.li -Successful
seurctgrialflemiwrery service. 476.8921}.
aterviCea
RfCnMAN UYIlO1 S'1'G[tY - Dcnvcr's
oldest now la Vasil Uphnlstcring,
slipcovers, rrfiulahing, antiques rc-
srured, casework. tree hunts estimates.
['n!t Ucnver collect 1.733-112U5 ar 476-
1172.
VA[I, Sh;Lh S'rO1tAGEi - Dan't be
cram rrd for grace. We fravc Ear o and
srnali outage units available. Call 949-
466fr.
SCIIAUR CONSI'RUC'I-i(IN -Quality
work guy rantccd. S +rciaiixing in custom
rlnsrts. All typrs ai inlr rinramf extrriur
lriut. ltrnwdrlrng and framing. Also
sl>eciahzing iu drywaR and repair. Dan
Schaub, Owner, 949-G4U8.
1[AULING -- We haul bash, bricks,
cement, lun,hcr, tree limbs, constnlr.lian
and gsrage clean up, turn i[u rc.
t<ti
Mobile Windshield Repairs =T--=
~ 4 ~ r`5
~.-,- f`. `~ J
Guaranteed repair for a traction
the cost of replacement
~ ~asazoso ~ _
t1 -
7
• Mold 5vrvlco • t2antals
WE EXI:MPLIfY PAlRNE55, FIQtVESfY & It~IIEGRItY
KRAIG KELTNER ~ oFr-7c~ I Mae,r.~ I ~.o. sox zo5
Owr1Br 8459354 944.7871 AvoB, CO 811120
Cleaflifl~ SefVICBS
Resldenifol / Commercla
Remodeling a Carpentry
piurnbing +Palnting
General Malnlanance
Properly Mar)agement
Rentals
May We Be (~f Sera~icc To You?
VAIL, CO. 303-476-0800
~ VAILVALLI=Y ENTERPRISES
,Q. NT~,Q Professional ilousekeepfn~
~j Ava11ab1e
~ COMRLETE HOMECARE ~
MAIM'ENANCE SERVICE
• tylU(T1131f1(~ • I:IgCtlGal
e llppllanca RcTpalr .Firewood
C
Rcasatnblc rates. "Yon Call - We
l teal-" 926-IUG4.
MOV1N(i7 Call the-prufcssionals at
Rocky Mnuulnin Delivery Rt Trausparl-
Olfrring local & stele-wide rnuving,
packing & coaling, storage, worlJ-wide
shipping. Also sell packaging rnatciials
{Gazes, tape, eta) Call for sununer
Irloving rate specials a1926J[Xs6.-
E'AIN'I1N(i ANb WAi.l.l'APlift]NG -
Qvalily work, reasonahlc roles. Nut the
fastest in taws, but Arc neatest. hrcc
estimates, local referencca. ]im 476-
3388 dayslevrnhtgslwcekcnds.
NO'I'IMIi 'I'O SI iC}P, clean your hems
or cemJe,, svmrr your clmde nr 7 Call
Knlhy (:SIXS) 949~(r4[Ifl, iiaix;rirnccd and
ndclcncns.
11UIt5[i (11VNItiRS ~- lnduer strdls
boa«iing. I'rorccl your horse, 31251mo.
Ldwanls. ] -771-4544, 926.2(><)0.
FIVIi YliAlt VAI[. PItUHFSSIUNAL
scrks hauscsiu ing pasilion. Clcmy norr-
snoukcr, no pets. tic! your rules. Can do
sane mainlennnce. Rcferenccs available
t:pon rcqucs(. Cali Mithacl 476.2444
days, 476.6249 cvcniugs. Leave
tnessagc.
Wli CAN lllii.l' YOU maximiys your
invr. srmcnt t`rrapt:rry inconyc. Cunlgcl
Vnll ItCanrl Itcn[ala {Q[ ItCaily faF InarC
i nfurm anon about ear pn,pcrty aad
rcntnl nranagmncnt p«,grarus. (3V3) A7G-
(I9tK,, I-Rpl-ASG-VAIL.
fiXl'I?filliNClii) 1'ROI'IFIt'I'Y
MANA(ifiH, luu6~ tints csinnnunity
rcsidcut, looking for esseciatinn (s) to
manage. Goad rcfercnccs. Currrntly
employed. 1'lcasc scrtd rcyuests to Lid to:
P.M., Buz 10(IUU-191, Vail, CO 81658.
I'AR'I'Y WI"I'f[ 'I']lIi "CAPTAIN" -
Vail'a hest D7 systcrn with party lights
is evailnble with Kate Celiim, Tarry
Maury or Michael Cacioppo at the
caul ruts. 4'16-RfiN'P.
[,AK]i PUWEi1.L VACATION -Rnjuyy
4 nights camping on sunny lake I'uwcll
beaches with a new ski boat the! siteps
5. Call Michael Cacioppo [or details
4~TG-7358.
WORKMAN'S COMPliN8A1'ION -
lirick Glans;, Attorney at Lew, VsB
Prafcssianal Building. Prnclice limited
In rc tmseming injured crnploytts. 476-
RGI~.
GRANll1rA'I'HL'EL CLO(:K CARit -
Prulesaitx,al in-Conte service for alsceial
docks. Old Clocks fad. S-755.7220.
MA'I'il TUl'OR1NG -Gradca I-12.
Call 949-4064.
Bli I'1'IS]t IiIASCI'REC - Itcaidm,tiar and
cuuuncrrial. Lisla11s1ions and service.
Liccuscd arsd insurrxi. (719) 486-)122
nOAlli L'NfiRGY IMPROV1iM1{BN'!'S -
frce i[ you qualify. Low income
wcaAlcrivauun. 1-BOU-332-3669.
I-AWNMOWINO AVAlLA1SLTi by
rr sprntsiblr. teen. ons o+vn sewer and
trnnspmtation. Rtes+snablc rates. A'lfi-
1442.
ItIiMODRLING ANb NIiW
CUNS'I'RUC'1-ION. ]lawn-Wolin
Cunslrudirxt is biddirsg work for tall and
winter. ratablished in Vail since 1976.
Refclcnees, please Cali kticls Brawn 949-
4186.
>~~e~~
VAII. ASSOCFATBS LI['PSTIMB
1'A$SIiS bought and sold. For the
pp~ rsmr wild has evcryAtingl CaU Merv
Eapbs47G-5483.
loaf; and sound
DOGS IMPOUNUIill at the l?aglo
Countyy Alsimel Shelter hr Mintum from
)uly E2-19 include a Labrador cross,
malt, black earl white, 8 months pld,
picked up in Gypsum July I3; a dusky
roar, male, Ian, wrnring a reel hnndann
Rod cailRr, picked up in Avon luly l-!i a
SameycJ, male, while IU yeerr old,
picked up in (iypaumluly lR; ^'1'trriur
cross, male, grey, wearing a choke
chain, l year old, picked up at liaglc
River '1'raAyr Park July 19. If one bf
these is your dog, please call the liaglc
(:aunty Animal Slreher at 949-4292.
LC)S'C-Ptrrplc nmclhysl and seed pearl
brecclcl on Wesl VniE hike path.
Scrrl irrrenlal value. Call Susan Rapson
476.3237.
`11~1J°~CvJo~
call today
far ail your claasiiled
advertis3z}g Jaeeasi
Tree Ya8 TYaU -~Csfu 2!, ]989
J {
~~t3ECAL15E #Ht= PEOPLt= MU~t1fNC
I7nm pexge 49 the Town cast doubt on Iha rellabllhy or gustily of
calaslrvphlc tailors, no subseribar'a complaint cable 9ervfed. the Town shall have Iha AgM and
shell em.ln withqul Invasllgntlgn by the authadty rv regatta the Franchlres tq last,
Frnnchlsee for mare than n hvantyTOUr 1241 hour analyze end capon an the padormance of the
padod. The Frnnchlsoe wilt provlda the Town system. The Franchisee chap (uhy cooparaie
whh n name, address and telephone number d Wllh the Town in pedvrming such teallnp and
the person who wpl act as Iha Franchbae's shall prepare results In a repvn, II raquesred,
agent to receive carry,lelms regarding qunldy of within thirty (3t) days attar notice. Such report
ervica, aqulpmgnl mallund{ons and similar shall Include Iha lalbwing Inlarmalfvn;
mallars. Tha beef ollice shah t>a open to recaFva IJ The natme vl the complaint or pwblern
Inqulrles yr can><,lainla Irom subacrlbnra during whlui, preclylat^d the testa,
normal hunlnwsn hnure, and In nn nvnnt Inns 714YIrnr ayrtnm ca,ywneN won lnnlnJ.
court haw n.rn. In e.nn n.rn. Manaay wr^nmh al Thn egnhnnenr Woad env prncwavrne
r rldny nxrliMlnp Ingnl Imndnyn. hll nrnnlnyene •rtyrbyed In Inennq.
nr Ina Pmurhlnnn wlwnn mryduynarnl relnina In 41 the Innlhrsl, II any, to whv,lr Ih• canplnlnl
the overnrluu ar nrnlnlnnnnrn of con ayslnrn oboe ar prMrhm ens rnsolvnn
he required to curry nn IdenIllVCarfon curd and e] Any other In}arnmu^n penlnent to sold
presenF same la any aubscpbw upon request teats and analysts 'which cony he required,
when anledng the premises of such subacrihor Where there ere recening service problems, the
for the purpose of pwvkilnp service m otlwrwlse, Town may require that tests be eunervlsed by a
The Franchlaaa ehnll provide the menus to quaiiiled Independent prolnsslonat engineer not ~'
accept aoatr,lalnt Calla twenty tour (2A} hours a on [he permanenS slnfS of Iha Franchisee. The
day, seven {7] days n week Acemala records engineer shall alga nil lacartls a} special, tests'
shall be kept by [he Frnnchlsae aumma4zlnp Iha end fon•,nrd to Iha Town such retards whh a
nature, exlenh time antl dots by which Iha rvnon Imarpretlng Iho rasuhs cl rho lasts and
canplalnt was resolved yr saughl lobe rasvlved. (^commendlnq scions m ba Wkon. Tho rows of
The Fmnchreae ahNf prampdy tarnish each `said englnears services shell be the sole
preannl or tutors subscriber wish n letter vl ablignhon vt Iha Ranchlsae.
Inalwctbn nsnlRlnfng the 3mpodance antl [he o, to the augur Thal lolnl aewicn to any
nlnnnnr of mpgrllnq c^mplnlnta and rules and avhstrlbwr le Intevuyad for Iwn^ry~lour ten! or
rggulmlona governlnq the oblignllvns pl the more cannec utlve hall!!, wztenr In
Franchlaee 1^ rnspand In eubscrlbar carnplaime. tlrcumelencea rot whbh advance wnavnr ro the
CRlle or lenwn InvoNing con+plalnts about billing Entenupdan la obinlned Irani the Tpwn, me
and pragrnmming will bo handled Immedlarwly irenchlaee rhalf provide n ne.lhbualh Irraa]
whennvar Iwasible, A wrhren cgrrylalnt will wls Pro rata roham of the monthly leas fa nrlectad
bo rotnlned for Iwo' 12] years, Incruding a subacdbera upon the sukscrfber's rnvuwet for
summary ropty. Tho cvlrplaim Iliad shah by each Iwonty~rour 1241 hour perlvd, yr portion
avallabla for periodic Inspoclfon by we Town. Nerepl, that service is fnterrunlad.
b. Shovitl a aubacrlbor hove en umeavlved For purposes of comnuung the Sfine al
cottplainl regarding the gustily of lha snots Inienupta0 Ittnl service, ouch Ilme shaft begin
1e}avlsian service, equlpmanl malfunttfons. or when a cvmplnlnl for fnlevupced service Ia
other panlnenl mallars, She subaalber shall be racelved by the Franchises ar when the
entitled to meal ldntiy whh the Tuwn Manager or FranChhes has enuet Or torvaVUdlve notke of
his nulhor{zed reproaenlanvs antl the Iha lnlerrupllan.
Frnnchlsea System Mnnngar 1o fully discuss In ~. SERVICE TO SVBSCUIBF.flS
nn alterrpl to resolve such rnariera, prwlded, A Franchisee shall provide all Iho fohawing
that prbr to such nmeting, the subscdGar shah services to subscribers;
clearly state In writing the rpecillc nature, ~n. A basic subscriber lelevlalon amvlce list
!r^queacy and extant ol,ha alleged prabtem and which nalslq, m minimum, of any legally
the dales on wMch the problem hoe occurred, raquhed must carry signals an Inlmrrurlon and
Thte wrlRen corrT+talnt shall be Nled whh the weather channel end at least one {t] publEc
Town Manager, who shall lorwartl a copy of edueatlonal arid govmnmental aceees channel
such complnlnl to the Frenchlsee System b. The Franchlaee shall provlda lease4
lAanopwr. Franchlaee shelf then have Ilve [51 access channels Eo the extent rgQU[red by
days attar raceNing the wnplnlnt wilh3n which la Federal law.
assess the problem and ills o wrillen response c. A Franchisee shall provide equlpmon[
with the Town Manager staring apecafcally what directly or through grants Im local program
has bean done In yvnect the problem. a the produvylon by ell cable assn far eve end vldea
aubecdber semalna unsetlelled alter lolinwlnq tape preaenlnllon over the cabin letevlelon
this procedure he may Ihen request that such a system. The Franchisee shalt hevn no camral
maanng whh the Tawn Manager ar hla war IM canrem d access program, Any pyplla
sulharltad represenlanvs and Franchlaee access channel shall be nwde avahable la any
System Manager be head. When there hevn r,rerrberdrhe pubac an •Iksl coma, Anree,ved,
been slndlar torsplnlma muds or where there nondlaalminntarY bnels. '
eshts ether evidence which fn Iss Judgmem of SS
2g. !E((
S (E
C[E
`A
C//
A``
Drr
' \\
\\
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~f~711!!1J
STEAMMASTER
Carpet Clearting and F7aslasaliat ttc.
I]rapery, Upholstery,
Oriental Rug &
Auto InterinT Cleaning,
Carpet Repair,
Flood & Fife Restoration, -
Odor Removal.
24 Hour Service
A76-i6Q0
FIRSTBANK OF VAIL
is seeking qualified applicants
for the position of
LOAN SECRETARY
Benefits: Salary commensurate with
experience/skills
Annual salary review
Employee stock ownership
plan
131ue Cross/E3iue Shield partiCi-
patlon
Paid vacation
Professional working environ-
ment
C~2uali/rCaiions: Full-lime applicants only
Typing skills 50~- w.p.m.
Professions[ altitude
Secretarial experience
helpful but not required
Please contact:
Kevin McDonald - FirstBank of Vail, 47b-5b8b
AN EgUAi OPPOfsTUMIIY EMPLOYER
•
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