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HomeMy WebLinkAbout1994-25 Town of Vail Cable Television Franchise Ordinance~~ a ~r r L ORDINANCE NO. 25 SERIES OF 1994 TOWN OF VAlL CABLE TELEViSiDN FRANCIiISE ORDINANCE 1. This chapter shall be known as the Cable Communications Ordinance. 2. PURPOSE The purposes of this ordinance are: a. Provide far 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 far 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 ~ penalties for violation of this ordinance and any franchise granted hereunder. 3. APPLICABILITY This ordinance is applicable to any application for a cable franchise or franchise renewal filed on or after the effective date of this ordinance and to any such franchise ar renewal granted thereafter. 4. DEFINITIONS For the purpose of this ordinance the following terms, phrases, words and the derivations shall 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 ward shall is mandatory and the word may is permissive. Words not defined shall be given their common and ordinary meanings. a. "Access channel" shalt mean any channel set aside for public use, educational use, or governmental use without a channel use charge. Ordinance No. 25, Series of 1884 ,r ~ _ ~• b. "Access user" shall mean any person or entity entitled to make use of an ~ access channel consistent wi#h the intended purpose of the channel. c. "Application" shall mean a proposal seeking authority to construct and operate a cable communications system within the Town pursuan! to this ordinance. !t shall include the initial proposal plus all related subsequent amendments and correspondence with the Town. d. "Basic cable service" means any service tier which includes the retransmission of local broadcast television signals, or as the term may be redefined by Title 17 of the United States Code and Federal Communications Commission Regulations. e. "Cable service" 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" or system shall mean anon-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 more television broadcast signals; 2} A facility or combination of facilities that serves only subscribers in one ar 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 I[ of the Communications Act of 1934, as amended; except that such facility shall be considered a cable system [other than tar 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. 2 Ordinance No. 25, aeries of 1994 • 'h 4~ 1~+ i. "Connection" shall mean the attachment of the drop to the radio ar television set or 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 an an ordinary television receiver. k. "Council" or "Town Council" shall mean the governing body o the Town of Vail. I. "Drop" shall mean the cable that connects a subscriber's terminal to the nearest feeder line of the cable 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. "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 ar public places in the Town pursuant to a contractual agreement executed by the Town and a Franchise. q. "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. r. "Franchise agreement" means a franchise grant ordinance or a contractual agreement, containing the specific provisions of the franchise granted, including references, specifications, requirements and other related matters. s. "Franchise fee" means any fee or assessment of any kind imposed by a franchising authority on a grantee as compensa#ion for the grantee's use ofi the public rights-of- way. The term "franchise fee" does not include: (1 } Any tax, fee or assessment of genera! applicability (including any such tax, fee, or assessment imposed on both utilities and cable operators or their services, but not including a tax, fee or assessment which is unduly discriminatory against cable operators or cable subscribers}; (2) Capita{ costs which are required by the franchise to be incurred by grantee for public, educational, or governmental access facilities; 3 Ordinance Na. 25, Series of 1994 {3} Requirements or charges incidental to the awarding or enforcing of the franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages; or {4) Any fee imposed under Title ~7, Uni#ed 5tates Code. t. "Gross revenues" means the annual gross receipts received by a grantee from al! sources of operations of the Cable Television System within the Town utilizing the public streets and rights-of-way for which a franchise is required in order to deliver such cable service, excluding refundable deposits, rebates or credits, except that any sales, excise or other taxes or charges collected for direct pass-through to local, State or Federal government, other than the franchise fee, shall not be included. u. "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. v. "Institutional services" shall mean one and two way non-entertainment transmission services far businesses, public agencies and community institutions. Such services include, but are not limited to, video transmission and voice and data communications. w. "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 other than a Franchisee. x. "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. Manitoring 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. y. "Pay Television" shall mean the delivery over the system of per channel audio-video signals to subscribers for a fee or charge in addition to the charge for basic service. z. "Person" shall mean any person, firm, partnership, association, corporation, company, or organization of any kind. aa. "Public, educational ar governmental access facilities" or "PEG access facilities" means the total of the following: {1) Channel capacity designated for noncommercial public, educational, or government use; and {2} Facilities and equipment for the use of such channel capacity. 4 ordinance No. 26, Series o1 1984 ~ y `' ~' d bb. "Service area" or "Franchise area" means the entire geographical area within the Town as it is now constituted or may in the future be constituted, unless otherwise specified in the franchise or permit. cc. "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. dd. "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. ee. "Subscriber" shall mean a recipient of cable television service or other services provided aver a cable communications system. dd. "User" shall mean a party utilizing a cable communications systems facility for the purpose of production or transmission of material or information to subscribers. 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 CHARACTERISTICS Any franchise issued in accordance with the provisions of this chapter shall be deemed to: a. Authorize use of the public ways fior installing cables, wires, lines and other facilities in order to operate a cable communications system, but shall neither expressly nor implied be deemed to authorized the Grantee to provide service, or install cable, wires, lines, or any other equipment or facilities upon private property without owner consent, or to utilize publicly or privately owned u#ility 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 ane or more cable communications systems within the Town; and c. Convey no property right to the Franchise or right to renewal except as required by Federal and State law. 5 Ordinance No. 25, 3eriee of 7994 • 7. FRANCHISE AS A CONTRACT ' 1 ~. 4 A franchise issued pursuant to the provisions of this chapter shall be deemed to constitute a contract between the Franchisee and the Town. The Franchises shall be deemed to have contractually committed itself to comply with the terms, conditions, and provisions of the franchise documents, and with ail 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 shat! be deemed to be embodied in a franchise, and conflicts in terms, conditions or provisions between these documents shall be resolved as follows: ~) 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 3) The express terms of any request for proposals shop prevail over conflicting or inconsistent provisions in the application for 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 or this chapter ~ 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 subjec# 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 ap 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 ordinance and the franchise in their entirety and that the Grantee will not, at any time in any claim or proceeding, challenge any term or provision of this Ordinenoe Np. 25, Sens of 1984 ~,~ ordinance or the franchise as unreasonable or arbitrary or argue that the Town did not have authority to impose such term or condition. 11. FILING 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 Tawn 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 (t5) days of the date of notice of the first application, file such comment with the Town Manager. c. All applications to be acceptable for filing must be accompanied by a filing fee of ten thousand sixty dollars ($1 Q,Q60). The Tawn shall apply all filing fees received against all costs associated with its evaluation of any pending 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 on a prorated basis for each Applicant within forty-five (45) days after franchise grant, The Town shall furnish applicant with documentation of ail costs incurred at that time. 12. 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 y ~,~~ t.ic~-t-i v r~ to a request for proposals "s~all contain at minimum, the fallowing information: a. indemnification of the ownership of the Applicant, if not a natural person, including the names and addresses of all persons with one (t) percent or 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, or any entity controlling the Applicant, including any officer of the corporation or a major stockholder thereof, has been adjudged bankrupt, has had a cable franchise revolted, or been found guilty by any court or administrative agency in the United States of: 1 } A violation ofi 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. 7 Ordinance No. 25, Series cl 1994 .. / J c. A demonstration of the Applicant's technical and financial ability tc 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 rela#ing how 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 how service will be converted from any existing facility to a new facility. f. A description of the services #o be provided over the system, inciuding identification of television signals, bath 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. g. The proposed rates to be charged, inciuding rates for each service tier, as appropriate, and charges far 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. !. A complete list of all cable communications systems in which the Applicant or a principle thereof holds an equity in#erest. 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. i3 ordinance No. 25, Series of 1994 ,~ ~~v 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 Town for a cable communications franchise shaft 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. i3. CONSI©ERATION OF APPLICATIONS a. The Town 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 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 v# the citizens of the Town. Where the application is for 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 Earth in the operator's proposal; and 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 Tvwn and the Charter of the Town. 9 Ottiinence No. 25, Series e} 1994 .' ~ . A~ , c. In the course of considering an application for renewed franchise, the Council shall bald a public hearing, consistent with the provisions of 47 U.S.C., Section 626 as existing or 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 Town. The grant fee shall be equal to the Town's reasonable direct costs in the franchising process, less the application filing fee received. The Town shall provide the Grantee a statement summarizing such costs prior to the execution of the franchise. 14. 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 (34) days after the granting of the franchise by the Town. in its acceptance, the Grantee shall declare that it has carefully read the terms 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 i# has relied upon Its own investigation of all relevant facts, that it was not induced to accept the franchise and that it accepts all reasonable risks relating to the interpretation to the franchise.; 15. FRANCHISE 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 far a renewed franchise not later than thirty (3Q) months prior to the expiration of its franchise. 16. FRANCHISE FEE a. The Franchisee in consideration of the privilege granted under a franchise for the use of the public ways and the privilege to construct and operate a cable communications system, shall pay to the Town up to five (5) percent of its annual gross revenues or, if more than five percent (5%} is permitted by law, the amount provided in the franchise agreement for the term of 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 gross revenues received by the Franchisee during the preceding quarter. A Franchisee shall pay the quarterly portion of the franchise fee to the Town an or before the time such financial statement is.due to be filed. With each payment required by this Section 9Q2 the Franchisee shall submit a written statement, signed and certified by the Franchisee~to be true and correct, showing far the immediately preceding calendar quarter 10 Ord'mance No. 26, 3ersr o! 1894 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 no#ice 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 both the Franchisee and an independent certified public accountant in accordance with sound and accepted accounting practice. The statements referred to in this subsection shall be in such farm 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 (3%) percent or more, then the Franchisee shall pay the Town the cost 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 Tnwn nn or before the applicable date, interest shall be charged Pram such due date at an annual interest rate then chargeable for unpaid federal income taxes (26 U.S.C., Section X621). 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 will 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 (10}percent, the Franchisee shall be liable for interest and late charges for the entire amount. ~~ Ordinance No. 25, 5enes of 1944 .' ~ . e. In the event a franchise is revoked or otherwise terminated prior to its expiration date, the 1=ranchisee shall file with the Town, within ninety (90) 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 franchfse fees due up to the date of revocation or termination. 17. INSURANCE=. BONDS. INDEMNITY a. Upon the granting of a franchfse 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 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 of a person or persons occasioned by the opera#ions 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 (1} person and three million dollars {$3,000,000} for personal injury or death, of any two (2) or more persons in any one (1 } 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, attomeys fees, and interest arising therefrom, for property damage occasioned by the operation of the Franchisee under the franchise herein granted, or 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 or any one (1) person and one million dollars ($1,000,000) for property damage to the property of two (2) or more persons in any one (1) occurrence. 3) A performance bond or bands in favor of the Tawn 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 bond a~z Orclirtanoe No. 25, Series of 1954 ,~ may be reduced as any construction that is required is completed, consistent with the franchise agreement. b. The band requirements set forth above shall no bnger apply upon completion of construction and inspection by the Town as follows: (1} Franchisee shall give notice to the Town at such time as Franchisee has completed the construction. (2} Upon receipt of notice, the Town shall 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 (st7) days the completion of construction shall be deemed to have taken place, unless the failure to receive such a report is due to unforeseen events, acts of God, or events beyond the reasonable 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 completed or otherwise satisfactorily resolved; (b) Satisfactory test results using the technical standards for cable systems established by the FCC at up to ten (1 Q) widely separated subscriber drops selected by the independent engineer. c. All bonds and insurance policies called for herein shah be in a form satisfactory to the Town Attorney. The Town 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 bands for good and sufficient surety approved by the Town. d. A Franchisee shall, at its sole cost and expense, indemnify and hold harmless the Town, its officials, boards, commissions, agents and employees against any and all claims, suits, 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 copy right infringements and damages arising out of any failure by Franchisee to secure consent from the owners, authorized distributors and licensees or programs to be delivered by the Franchisee's communications system whether ar not any act or omission complained of is authorized, allowed, or prohibited by the franchise. Indemnified expenses sha!! include, but not be limited to, all out-of-packet 13 Ordinance No. 25. Saves o! 1954 expenses, such as casts and attorneys fees, and shall also include the 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 policy 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 or bonds in conformance with the provisions of this ordinance. 18. LETTER OF CREDIT a. The Town may at its discretion require that a Franchisee obtain a letter of credit. When 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 Tvwn. The form and the content of such fetter 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 paymen# by the Franchisee of any claims, liens, and taxes due the Town or 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 Franchlsee at twenty five thousand dollars ($25,040) during the entire term of the franchise as the Town may require, even if funds are drawn against it pursuant to this ordinance. c. The letter of credit shall contain the following 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 {34) days or more 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. LIQUIDATED 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 Franchisee in writing of such apparent violation and require the Franchisee to cure the default within a reasonable time. 14 Ordinance No. 25. Series of 1994 .-.~ ~ ! ~ ~ 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 fior 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 viola#ion or failure has in-fact occurred. Such notice by the Franchises to the Town shall specify with particularity the matters disputed by the Franchisee and shat! 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 far 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 al! 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 TERMINATIQN 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 Franchises shall include, taut 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; 3) Failure to begin ar substantiaNy complete any system construction or system extension as set forth in the franchise; 4} Failure to provide the mix, quality, and level of services promised in the application or specified in the franchise or a reasonable substitute therefor; 15 prdinanca No. 25, Series of 1994 • '.~ ,~ 5} Failure to restore service after ten {10} consecutive days of interrupted service except when approval of such interruption is obtained from the Town; fi) 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 Tawn 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 job 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 pertorm, then the Franchisee shall perform to the extent it is reasonably able to do so. The Franchisee agrees that the excuse for nonpertormance under this Section shall last only so long 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. a 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 {30} days fallowing such written demand without written proof that the 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 Franchise 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 pubNc 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 16 Ordinance No. 25, Sorie9 01 1994 . ~ ~' 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 Franchises becomes insolvent, unable or unwilling to pay its debts as they become due, files a petition for relief under any state or federal bankruptcy, reorganization, insolvency or similar law (or any such petition is filed against the Franchisee and is not dismissed ,wiki~ wtttta~rt sixty (60) days), is adjudged as bankrupt, assigns all or a substantial part of its assets fior the benefit of its creditors, all or part of Franchisee's facilities are sold under an instrument to secure a debt, ar a receiver is appointed with respect to all or a substantial part of the Franchisee's assets or stock. 22. REMOVAL OF CABLE COMMUNICATIONS SYSTEM fn the event this franchise agreement expires, is revoked or otherwise terminated, f=ranchisee 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 awn expense, any excavation that shall be made by it and shah 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 poles 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. In 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 taw 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 Ifs# of such costs. 23. SUBSCR1f3ER FEES AND RATES a. The initial fees to be charged to subscribers far all services including installation fee and other one time charges shall be specified in any franchise agreement issued pursuant hereto. 17 Ordinance No. 25, Seriea at 1994 i ~ :~~ b. Thane 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 far 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 (9t?} day period. e. Rates shall be just and reasonable, considering the Franchisee's costs, including a reasonable 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 shat! not be considered a rate increase for the purpose of this Chapter. The Town shall be notified of a!I 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 {3Q} days prior notice to ail subscribers of basic 58 NICe. 24. REPORTS a. Annual Report No later than one hundred twenty (12p) days after the end of the each Franchisee's fiscal years, the .Franchisee shall fide a written report with the Town which shall include: 18 Ordinance No. 26, Sense aS 1994 ~ ~ ~ 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 o#ficer of the Franchisee including a statement of income, a balance sheet, and a statement of sources and applications of funds. The statement shall include notes that specify all significant accounting policies and practices upon which it is based, including, but not limited to, depreciation rates and methodology, overhead and interest system cost allocation methods, and basis for interest expense, A summary shalt 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 repnrt 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. 8} 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 snail prepare and furnish to the Town at the times and in the form prescribed, such additional reports with respect to its operation, as 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 al! 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 build" maps showing the exact location of all cable television system equipment installed or in use in Town, exclusive of subscriber service drops. 19 Qrdinanoe No. 25, Series of 1994 b. inspection by Town Upon reasonable notice to the Franchisee, the Town shah have the right tc 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 al[ filings it makes with 5ta#e and Federal agencies to the Town Clerk. Said copy shall be mailed or delivered on the filing date. 27. CONSUMER PROTECTION AND SERVICE STANDARDS a. Except as otherwise provided in the franchise agreement, the Franchisee shall maintain the necessary faclli#ies, equipment and personnel to comply with the following consumer protection and service standards under normal conditions of operation: 1 } Sufficient toll-free telephone line capacity during normal business hours to assure that a minimum of ninety-five percent (95%) of ail calls will be answered before the fourth (4th) ring and ninety percent (9D%) of all callers for service will not be required to wait more then thirty (30) seconds before being connected to a service representative. 2} Emergency telephone line capacity on a twenty-four (24} hour basis, including weekends and holidays. 3) A local business and service office open during normal business hours at least eight ($} hours daily, and a# least four (4) hours weekly on evenings or weekends, and adequately staffed to accept subscriber payments and respond to service requests and complaints. 4) An emergency system maintenance and repair staff, capable of responding to and repairing major system malfunction on a twenty-four (24) hour per day basis. 5) An installation staff, capable of installing seNlce to any subscriber within seven (7) days after receipt of a request, in all areas where trunk and feeder cable have been activated. 6) At the subscriber's request, Franchisee shall schedule, within a specified four (4} hour time period, all appointments with subscribers for installation of service. 7) The Franchisee shall render efficient seNlce, make repairs promptly, and interrupt service only for good cause and for the shortest time possible, Scheduled interruptions, insofar as possible, shall be preceded by notice and shall occur during a period of minimum use of the cable system, preferably between midnight and six A.M. (6:DD A.M.). 20 Ordinance No. 25, Series of 1984 __ 8} The Franchisee shall maintain a repair force of technicians normally capable of responding to subscriber requests for service within the following time frames: a. For a system outage: Within two {2) hours, including weekends, of receiving subscriber calls ar requests for service which by number identify a system outage of sound or picture of one {1) ar more channels, affecting at least ten percent (1Q%) of the subscribers of the system. b. For an isolated outage: Within twenty-four {24} hours, including weekends, of receiving requests for service identifying an isolated outage of sound or picture for one {1) or more channels that affects three (3) or more subscribers. On weekends, an outage affecting fewer than three (3) subscribers shall result in a service call no later than the following Monday morning. c. For inferior signal quality: Within forty-eight {48) hours, including weekends, of receiving a request for service identifying a problem concerning picture or sound quality. 9) The Franchisee shall be deemed to have responded to a request for service under the provisions of this Section when a technician arrives at the service location and begins work on the problem. In the case of a subscriber not being home when the technician arrives, the technician shall leave written notification of arrival. Three (3) successive subscriber failures to be present at an appointed time shall excuse Grantee of the duty to respond. ~ 4) The Franchisee shall not charge far the repair or replacement of defective equipment provided by the Franchisee to subscribers. 1 f) Unless excused, the i=ranchisee shall determine the nature of the problem within forty-eight {48) hours of beginning work and resolve alE cable system related problems within five (5) business days unless technically infeasible. 12) Upon request, the Franchisee shall provide appropriate rebates to subscribers whose service has been interrupted for four (4) or more hours. 13) Upon five (5) days notice, the Franchisee shall establish its compliance with any ar all of the standards required above. The Franchisee shat! provide sufficient documentation to permit the Tawn to verify the compliance. 14) A repeated and verifiable pattern of non-compliance with the consumer protection standards of 1, through i3. above, after the Franchisee's receipt of due notice and an opportunity to cure, may be deemed a material breach ofi the franchise. 21 Ordinance No. 25, Seriee of 1994 15) The Franchisee shall establish written procedures for receiving, acting upon and resolving subscriber complaints without intervention by the Town. The written procedures shall prescribe the manner in which a subscriber may submit a complaint either orally or in writing specifying the subscriber's grounds for dissatisfaction. The Franchisee shall file a copy of these procedures with the Town. 16) The Town shall have the right to review the Franchisee's response to subscriber complaints in order to determine the Franchisee's compliance with the franchise requirements, subject to the subscriber`s right to privacy. 17) It shall be the right of ail subscribers to continue receiving service insofar as their financial and other obligations to the Franchisee are honored. In the event that the Franchisee elects to rebuild, modify, or self the system, or the Town gives notice of intent to terminate or not to renew the franchise, the Franchisee shall act so as to ensure that all subscribers receive service so long as the franchise remains in force. 18) In the event of a change of control of the Franchisee, or in the event a new operator acquires the system, the original Franchisee shall cooperate with the Town, and/or the new Franchisee or operator in maintaining continuity of service to all subscribers. During such period, the Franchisee shall be entitled to the revenues for any period during which it operates the system. 19) All officers, agents or employees of the Franchisee or its contractors or subcontractors who, in the normal course of work come into contact with members of the public or who require entry onto subscriber's premises shall carry aphoto-identification card in a form approved by the Town. The Franchisee shall account for all identification cards at all times. Every vehicle of the Franchisee or its major subcontractors shall be clearly identified as working for the franchise. 20) Upon request of the Town, but not more than once annually, the Franchisee shall conduct a subscriber satisfaction survey pertaining to the quality of service, which may be transmitted to subscribers in the Franchisee's invoice for cable services. Ths results of such survey shall be provided to the Town on a timely basis. The cost of such survey shall be borne by the Franchisee. 21) Additional service standards and standards governing consumer protection and response by the Franchisee to subscriber complaints not otherwise provided for in this Chapter may be established in the franchise agreement, and the Franchisee shall comply with such standards in the operations of the cable television system. A verified and continuing 22 Ordinance No. 25, Series of 1884 .' - ~ ~f ~ , pattern of noncompliance may be deemed a material breach of the franchise, provided that the Franchisee shall receive due process, including written notification and an opportunity to cure, prior to any sanction being imposed. 22) Each year throughout the term of the franchise, if requested by the Town, the Town and the Franchisee shall meet publicly to review system performance and quality of service. The various reports required pursuant to this Chapter, the results of technical performance tests, the record of subscriber complaints and the Franchisee's response to complaints, and the information acquired in any subscriber surveys, shall be utilized as the basis for review. In addition, any subscriber may submit comments or complaints during the review meetings, either orally or in writing, and these shall be considered. Within thirty {34) days after conclusion of system performance review meeting, the Town may issue findings with respect to the cable system's franchise compliance and quality of service. If the Town determines that the Franchisee is not in compliance with the requirements of this Chapter or the franchise, the Town may direct the Franchisee to correct the areas of noncompliance within a reasonable period of time. Failure of the Franchisee, after due notice, to correct the areas of noncompliance within the period specified therefor or to commence compliance thereafter, shall be considered a material breach of the franchise, and the Town may exercise any remedy within the scope. of this Chapter and the franchise agreement considered appropriate. 2$. SERVICE TO SUBSCRIBERS A Franchisee shall provide all the following services to subscribers: b, a. A basic subscriber television service tier which consists, at minimum, ~ any legally required must carry signals a~information and weather channel and at least one {1) public educational and governmental access channel. This may be superseded by the forthcoming FCC definition of "basic service tier", in conformance with the t 992 Cable Act. 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 in accordance with the provisions of the franchise agreement. The Franchisee shall have no control over the content of access programs. Any public access channe! shall be made available to any member of the public on a first come, first served, nondiscriminatory basis. 23 Ordinanoo No. 25, Saries of 1980. 29. 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 for pubiic purposes. As provided in the franchise agreement, the Franchisee shall provide live cablecasting capability to designated pubiic buildings. 3Q. LOGK OUT DEVICE The Franchisee shall provide, for sale or lease, upon request, a lockout device for use by s subscriber. Such device shall be capable of restricting the reception of any channel including both the video and audio portions of the programming carried on that 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. 31. PROTECTION OF SUBSCRIBER PRIVACY Franchisee shall protect the Town's privacy consistent with the provision of 47 U.S.C. 631, as amended. 32. CONSTRUCTION AND INSTALLATION WORK a. The Town shall have the right but oat 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 adopted lay the Town and all state and local regulations and goad and accepted industry practices. 33. LOCATION OF STRUCTURES. LINES AND EQUIPMENT 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 awned 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 tha# the pubiic interest so necessitates. b. All transmission and distribution structures, fines and equipment installed by the Franchisee within the Town shall be located so as to cause minimum interference with the 2A Ordinance No. 25, Smiea q1 499+1 w proper use of streets, alleys and other public ways and places and to cause minimum inter#erence with the rights or reasonable convenience of 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. Alf 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 or 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. 36. ALTERATION OF STREETS BY TUWN If 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. 25 Ordinance No. 25, Series o1 1994 37. TRIMMING TREES ' .y A Franchisee shall have the authority to trim trees upon an overhanging of streets, alleys, sidewalks, 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 or 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 (413} 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: ff 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 (31]} 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 for 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 an any deposit required of the subscriber at the agreed rate in effect from time to time minus two (2) percentage points. The Franchises may elect to pay such interest in the form of credits to subscriber accounts. No#hing in this Section shall be construed: ~ } To relieve a Franchisee of any responsibility it may have under separately executed contracts or agreements with its subscribers or users; 2) As limiting a Franchisee's liability far damages, if any, which may be imposed under the franchise for the violation or breach of any provisions thereof; or k 26 Ordinance No. 25, Series of 1994 • • 3} To limit the Franchisee's liability for damages, if any, because of its failure to provide the service for which deposit or charge was made. b. The following requirements shall apply to subscriber disconnections: 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 subscrfber's property upon the subscriber's request, such time not to exceed thirty (30) days from the date of request. Franchisee may charge for adding or deleting channels at the subscriber's request. 2} ff any subscriber fails to pay a properly due monthly subscriber's fee, or any other properly due fee or charge, the Franchisee amy 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. 4Q. 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 on a master-bill basis; and further, service to motels, hotels, hospitals, and similar businesses or institutions may be offered on 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 info the annexed area within a reasonable time of a requesfi by the Town to do so. Such reasonable time shall nat be less than nine (9) months. 41. CONTINUITY 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. 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. 27 O,dinance No. 25, Series of 1994 ~ ~ ~ ' 2} Nonrenewal of the franchise. 3) Transfer of the cable system to the Town or another entity. 42. TRANSITIONAL OPERATION In the event a Franchisee continues to operate the system in a transitional period, the Town acquiescence, following the expansion, revocation, or other termination of the franchise, it shall be bound by all the #erms, conditions, and obligations of the franchise as if it were in full force and effect. The terminating Franchisee shall cooperate with the Town and any subsequent Franchisee in maintaining and #ransferring service responsibility. 43. PERIODIC REEVALUATION AND RENEGOTIATIONS a., Since the field of cable communications is 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 far the evaluation. c. Following 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 pubiic. At that time, the parties shall negotiate any changes in the franchise that may be necessary or desirable. Upon request of the Town, Franchisee shall, no earlier than ninety (90} days and no later the thirty (30} days prior to a review and evaluation session, conduct a written survey of subscribers. Each questionnaire shaii be prepared and constructed in good faith so as to provide measurements of subscribers preferences and satisfaction for: t } Programming offered by Franchisee at the time the survey is conducted. 2) Programming generally available to cable subscribers nationally but not offered by Franchisee a# 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. 28 Ordfnanee No. 25, 8eriea of 1RD4 • • • 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. THEFT 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 in#ent to cause such damage, or to tap, remove, or tamper with or otherwise connect or maintain any wire ar devise 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 ar compensation to the Franchisee, ar 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 ($~0~} 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 snail retain the right to renegotiate any franchise entered into prior to any such rule, decision or other action. For the purpose of this section, "Commenceme~nt of System Construction" shall mean the first day that physical construction, including but no limited to, the placing of cable on poles or underground, actually begins. 46. FRANCHISE RENEWAtr Franchise renewals shall be in accordance with applicabte law. The Town and the Franchisee, by mutual consent, may enter into renewal negotiations at any time during the term of the franchise. Upon mutual execution of a franchise renewal agreement, the Franchisee shall reimburse the Town for costs incidental to the franchise renewal award, not to exceed any maximum specified in the agreement. Any such reimbursement shall not be charged against any franchise fee due to the Town during the term of the franchise. 29 Ordinance No. 25, Series of 5994 • 47. FRANCHISE NQN-TRANSFERABLE a. The Franchisee shall not sell, transfer, lease, assign, sublet or dispose of, in whole ar in part, either by forced or involuntary sale, or by ordinary sale, contract, consolidation or otherwise, the franchise or any of the rights or privileges therein granted, without the prior consent of the Town and then only upon such terms and conditions as may be prescribed by the Town under applicable law, which consent shall not be unreasonably denied or delayed. Any attempt to sell, transfer, lease, assign or otherwise dispose of the franchise without the consent of the Town. shall be null and void. The granting of a security interest in any the Franchisee assets, or any mortgage ar other hypothecation, shall not be considered a transfer for the purposes of this section. The transfer of the franchise from one wholly owned subsidiary of a Franchisee's parent company to another wholly owned subsidiary shall not require Town consent. b. The requirements of Subsection a. shall apply to any change in control of the Franchisee. The word "control" as used herein is not limited to major stockholders or partnership interests, but includes actual working control in whatever manner exercised. In the event that the Franchisee is a corporation, prior authorization of the Town shall be required where ownership or control of more than ten percent (10%) of the voting stock of the Franchisee is acquired by a person or group of persons acting in concert, none of whom own or control the voting stock of the Franchisee as of the effective date of the franchise, singularly or collectively. c. The Franchisee shall notify the Town in writing of any foreclosure or any other judicial sale of all or a substantial part of the franchise property of the Franchisee or upon the termination of any lease or interest covering all or a substantial part of said franchise property. Such notification shall be considered by the Town as notice that a change in control of ownership of the franchise has taken place and the provisions under this Section governing the consent of the Town to such change in control of ownership shall apply. d. For the purpose of determining whe#her it shall consent to such change, transfer, or acquisition of control, the Town may inquire into the qualifications of the prospective transferee or controlling party, and the Franchisee shall assist the Town in such inquiry. In seeking the Town's consent to any change of ownership or control, the Franchisee shall have the responsibility of insuring that the transferee completes an application in farm and substance reasonably satisfactory to the Town, which application shall include the information required under Section 21.02.120 of this Chapter. An application shall be submitted to the Town not less then sixty {60) days prior to the date of transfer. The transferee shall be required to establish that it possesses the qualifications and financial and technical capability to operate and maintain the 30 Ordinance No. 25, Berias of 1994 ~' r, , system and comply with all franchise requirements for the remainder of the term of the franchise. if the legal, financial character, and technical qualifications of the applicant are satisfactory, the Town shall consent to the transfer of the franchise. The consent of the Town to such transfer shall not be unreasonably denied or delayed. e. Any financial institution having a pledgb of the Franchisee or its assets far the advancement of money for the construction and/or operation of the franchise shalt have the right to notify the Town that it or its designee satisfactory to the Town shall take control of and operate the cable television system, in the event of a Franchisee default of its #inancial obligations. Further, said financial institution shall also submit a plan far such operation within thirty (30) days of assuming such control that will insure continued service and compliance with aN franchise requirements during the term the financial institution exercises control aver the system. The financial institution shall not exercise control over the system far a period exceeding one (1}year unless extended by the Town in its discretion and during said period of time it shalt have the right to petition the Town to transfer the franchise to another Franchisee. f. Upon transfer, the Franchisee shall reimburse the Town of the Town's reasonable processing and review expense in connection with a transfer of the franchise or of control of the franchise, up to a maximum of Twenty-Five Hundred Dollars ($2,500.00} the cost of administrative review, financial, legal and technical evaluation of the proposed transfer, consultants (including technical and legal experts and all casts incurred by such experts), notice and publication costs and document preparation expenses. Any such reimbursement shall not be charged against any franchise fee due to the Town during the term of the franchise. 48. MULTIPLE FRANCHISES a. The Town may grant any number of franchises subject to applicable State or Federal law. The Town may limit the number of franchises granted, based upon, but not necessarily limited to, the requirements of applicable law and specific local considerations, such as: 'I) The capacity of the public rights-of-way to accommodate multiple cables in addition to the cables, conduits and pipes of the utility systems, such as electrical power, telephone, gas and sewerage. 2) The benefits that may accrue to cable subscribers as a result of cable system competition, such as lower rates and improved service. 32 Ordinance No. 25, Series of 1994 • M 3) The disadvantages that may result from cable system compet€#ion, such as the requirement far multiple pedestals on residents' property, and the disruption ar€sing from numerous excavations of the rights-of-way. b. Each Franchisee awarded a franchise to serve the entire Town shall offer service to all residences in the Town, in accordance with construction and service schedules mutually agreed upon between the Town and the Franchisee, and consistent wi#h applicable law. c. Developers of new residential housing with underground utilities shall provide conduit to accommodate cables for at least two {2} cable systems. d. in the event of multiple Franchisees desiring to serve new residential developments €n wh€ch the electr€c power and telephone utilities are underground, the following procedure shall apply with respect to access to and ut€lizat€on of underground easements. 1) The developer shall be responsible for contacting and surveying ail franchised cable operators to ascertain which operators desire to provide cable television service to that development. The developer may establish a reasonable deadline to receive cable operator responses. The final development map shall indicate the cable opera#ors that have agreed to serve the development. 2} If one (1) or two (2) cable operators wish to provide service, they shall be accommodated in the joint utilities trench on a nondiscriminatory shared cost basis. If fewer than two (2} operators indicate interest, the developer shall provide conduit to accommodate two {2} sets of cable television cables and dedicate to the Town any €n€tially unoccupied canduit. The developer shall be entitled to recover the costs of such initiaEly unoccupied conduit in the event that the Tawn subsequently leases or sells occupancy or use rights to any Franchisee. 3} The developer shall provide at least ten (10) working days notice of the date that utility trenches will be open to the cable operators that have agreed to serve the development. When the trenches are open, cable operators shall have two (2) working days to begin the installation of their cables, and five (5} working days after beginning installation to complete installation. 4) The final development map shall not be approved until the developer submits evidence that: {i) It has notified each Franchisee that underground utility trenches are to be open as of an estimated date, and that each Franchisee will be allowed access to such trenches, including trenches from proposed streets to individual home sites, on specified nondiscriminatory terms and conditions; and 32 Ordinance No. 25, Series of 1994 • • ~ (fi} It has received a written notification from each Franchisee that the Franchisee intends to install its facilities during the open trench period on the specified terms and conditions, or such other terms and conditions as are mutually agreeable to the developer and the Franchisee, or has received no reply from a Franchisee within ten (10} days after its notification to such Franchisee, in which case the Franchisee will be deemed to have waived its opportunity to install its facilities during the open trench period. 5) Sharing the joint utilities trench shall be subject to compliance with State regulatory agency and utility standards. ff such compliance is not possible, the developer shall provide a separate trench for the cable television cables, with the entire cost shared among the participating operators. With the concurrence of the developer, the affected utili#ies and the cable operators, alternative installation procedures, such as the use of deeper trenches, maybe utilized, subject to applicable law. 6) Any cable operator wishing to serve an area where the trenches have been closed shall be responsible for its own trenching and associated costs. 7) In the event that more than one (1) franchise is awarded, the Town reserves the right to limit the number of drop cables per residence, or to require that the drop cable{s) be utilized only by the cable operator selected by the resident to provide service. 8) The Town reserves the right to grant an encroachment permit to a cable Franchisee applicant to install conduit and/or cable in anticipation of the granting of a franchise. Such installations shall be at the applicant's risk, with no recourse against the Town in the event the pending franchise application is not granted. The Town may require an applicant to provide a separate trench for its conduit and/or cable, at the applicant's cost. The construction of Such separate trench, if provided, shall be coordinated with, and subject ta, to the developer's overall construction schedule. 49. RIGHTS RESERVED TQ THE Town a. In addition to any rights specifically reserved to the Town by this Chapter, the Town reserves to i#self every right and power which is required to lae reserved by a provision of any ordinance or under the franchise. b. The Town shall have the right to waive any provision of the franchise, except those required by Federal or State regulation, if the Town determines {1) that it is in the public interest to do so, and {2) that the enforcement of such provision will impose an undue hardship on the Franchisee or the subscribers. To be effective, such waiver shall be evidence fay a statement in writing signed by a duly authorized representative of the Town. Waiver of any 33 Drdlnance No. 75, Series a! 1694 ~ ~ • ; provision in one ~1 }instance shall not be deemed a waiver of such provision subsequent to such instance nor be deemed a waiver of any other pravision of the franchise unless the statement sa recites. c. If any area of franchise regulation by the Town is preempted by Federal ar State law or regulation, and such preemption is later eliminated or modified, the Town, at its sole option, may assume or reassume regulation to the extent permitted by taw. 5Q. SEVERABILITY If any provision, section, subsection, sentence, clause or phrase of this Ordinance is for any reasons 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 a# 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 ail provisions of this Ordinance are declared to be severable. 51. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact #hat any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 52. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 53. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Tawn of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation tha# occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 54. Ali bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed , to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. 34 Ordinance N~ . 25, Series of 1994 i v a ,. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this~~~? day of It.~(3"L'E/Y1~PJt' 1994, and a public hearing shall be head on this Ordinance on the day of ~r&~li, 1994, at 7:30 p.m. in the Council Chambers of the Vaii Municipal Building, Vail, Colorado. Margar A. Osterfoss, Mayor (J ATTEST; Holly L. McCutcheon, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED Uti T~" thi~~t day of~~~~tlth~~~, 1994. Margar A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Tawn Clerk c:~oROSass 35 OM~nence Nn. 25, Series pi 1994 ~.J r~ CG a _ ~ a a ~ ~ ~ ~ a` ~ ~ CJ ~ ~? ~' Q ~ a ~ ~ p ~? cell ~ "~ ~ Q C ~ ~ ~ Q D ~ d ~ O~ ~`- ~ ~- U ~ ~ ~ ~ ~ ~ ~c.3 ~ ~ O oI ~y N_ O ~ ~. ~ ~ O ~ ~ C? L3 "` a ~} J q7 ~ C tD .`~~- ~ ~ ~ tU ~ a, ~ p7 T3 ~ ~ ~ ~'~~ C? tU O ~ 9 ~ c~~~aac~~~aa~ x -a~~~~.va~c~u~~cv3a a ro a~ -a a ° a E a cv -~ sz ~ ~- ~ ~ ~ o ~. -6 -~- a m a ~- a ~ ~ ~U ~ C c~f~ O ~ ~ ~ O Z'S C ~' ~~ ~ w.- L L5 ~ ~n L3 +" ~a7 C ~ ~ ~ ~ ~ c~ "C ~ ~ ~ C~I j Z} a ~ L3 ~u+ ~' CU ~' ~ X ~ U ~- a) ~ ~ L3 ~ ill ~ ~' 67 U tl~ ~ ~ a-- a ~ C N ~ U a- T o N ~ ~ ~ ~ ~ ~ ~ ~ ~ °' ~~ ~ o 3 w a ~a w ~ a .~ ~ ~ ~~ o ~ a~ ~ ~ ~ ~ CJ ~ 6 a ~ ~.- ~ ~ 4~ ~ ~ L5 tll c a.~- r. r- ^ ~ ~ ~ a ~ a ~ = 3 0 ~ cu p ,: a ~ a~ a ti N sz z3 7~' d "' ~ ~ T3~ ~ ^~= a ice-- ~ '~ x 7 '~ ~? m Cil~ U D ~~~,coa~~a~~aaaa~a u. ~ Q N 'm U~. ~ Z7 'a ~3 c ~ ~ z3 ~ Q ~ ~ Q cu ~ a ~ ~ ~ a~ a a U Q. a r a .n G ~ 3 ~ a U_ Q a a Q ~ ~ a t11 ncluaing au[ nac simnea rv «ea,uenunr Hilo I servlce, directory assistance, cellular slephane or telecommunicatlan service, ed mobile radio and two-way pagers and ervice, including any form of mobile 1wo- munication. "Telerrommunications service' include separately slated non transmission which constitute computer processing ens used to act on the information to be :TIDN 2. ny part, section, subsection, sentence. r phrese of this ordinance is for any reason le invalid, sl~ch decision shall not affect the tf the rerriaming portions of this ordinance; town Council hereby declares h would have this ordinance, and each pert, section, ion, sentence, clause or phrase thereof, ass of the fact that any one or more parts, :, subsections, sentences, clauses or be declared invalid. ;TIDN 3. Town Council hereby finds, determines, Iares that this ordinance is necessary and or Fhe health, safety, and welfare of the Vail and the InhabNants therepi. ;TIDN 4. ~ repeal or the repeal and reenactment of vision of the Municipal Cade of tho Town of provided in this ordinance shall not affect t which has accrued, any duty imposed, anon that occurred prior to the effective eot, any prosecution commenced, nor any Lion or proceedings as commenced under cue of the provision repealed or repealed !acted. The repeal of any provision hereby t revive any provision or any ordinance ly repeated or superseded unless expressly grain. ;TIDN 5. tylaws, orders, resolutions, and ordinances, thereof, inconsistent herewith are repelled •xteni only pf such inconsistency. This shall not be construed to revise any bylaw, ssolution, or ordinance, or part thereof, Ke repealed. ~etinition should be added .to Section D between R.R. "Taxpayer" and S.S. ale Sales.' RODUCED, READ, APPROVED, AND ED PUBLISHED ONCE IN FULL ON 4EADING this 15th day of November, id a public hearing shall be held on this ce on the 6th day of December, 1994, at n. in the Councik Chambers of the Vail .I Building, Vail, Colorado. TOWN OF VAIL Margaret A. Osterfoss Mayor ATTEST: Holly L. McCutcheon Town Clerk Published in The Vail Trait on November tr1, 1994 ~ubiic Notice ORDINANCE N0.28 Series of 7994 ORDINANCE GRANTING A CABLE TELEVISION FRANCHISE CABLEVISION VI, INC. DlB1A TCI CABLEVISION OF THE :OCKIES, INC. TO CONSTRUCT, IECONSTRUCT,OPERATE,AND RAIN A CABLE COMMUNICATIONS SYSTEM WLTftIN THE TOWN IL PURSUANT TO AND SUBJECT TO THE PROVISIONS OF )fNANCE N0.25, SERIES Ot=1994. W, THEREFORE, BE IT ORDAINED BY •WN COUNCIL FOR VAIL, COLORADO: ~TION 1-. scant to Ordinance No. 25, Series of f994, :h€se agreement txatwaen the Town of Vail, o and Ceblevision VI, Inc. dlb7a TCI sloe of the Rockies, inc., attached hereto .it A, and made a part hereof by reference, y authorized and approved, and the Town r is hereby authorized and directed to said irenchise ag. _:.. _,.. on behalf of the ;TIDN 2. ny parf, seatian, SubaBCllan, SentanCe, r phrase of this ard"snanoe is ioi any reason a invalid, such declslon shall not affect the st the remaining portions of this ordinance; town Council hereby declares it would have this ordinance, and each, part, section, ion, sentence, clause or phrase !hereof, ss of the tact that anyone or more pans, r, su6sactlons, sentences, clauses or ba declared tnvatid. ~TiON 3. Town Council hereby rinds, determines, Iares that this ordinance Is necessary and or the health, safety, and welfare of the Va6 and the :..:.:.:.::..nts thereof. ;TIDN 4. repeal or the repeal end reenactment of trine of the Municipal Code of the Town of >rovided in this ordalance shall not affect t which has accrued, any duty imposed, stion that vcxurred poor ID the eHeotive sot, any prosecution commenced, nor any tlan or proceedings as commenced under [ue of the provision repealed or repealed ;acted. The repeal of any provisicn hereby t revive any provison or any ordinance Y repealed or su,...,:.1..] unless expressy rrein. ;TEON 5. ylews, orders, resoludcns, and nrdhrartves, hereof, 3rlCOnsislent hererNttt are repealed xtent only of such Inconsistency. This shaA not be construed to rev~a any bylaw, lavlullon, ar ordinance, or part thereof, re repealed. RODUCED, READ, AP?ROVED, AND ED PUBLISHED ONCE IN FULL ON 4EADINC3 this 15th day of November, td a publ~ hearing shall be held on this A on ate S!h day of December, 1984, at s. in the Council Chambers of the Vail I Building. VBII, Cobrado, TOWN OF VAIL Margaret A. Osterfoss Mayor ATTEST: Holly L McCutchean ORDINANCE N0.25 Series of 1994 TOWN OF VAIL GABLE TELEVf$ION FRANCHISE ORDINANCE 1. This chapter shall be known as the Cable Communications Ordinance. 2. Pl1RP(1CF The purposes of this ordinance era: a. Provide for the franchising end regulation of cable tolovision 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 fulcra needs. c. Provide for the paymenF of fees and other valuable Cansideraiion to the Town for the use of the public ways and for the privilege to construct and operate cable oomrnunications systems. d. Provide for the regulation by the Tawn of certain rates to be charged to subscribers for certain cable communications services, as permitted by law. e. Provide for the dovalopmeni of cable communications as a means to improve communication between and among the members of the public and public institutions of the Town. t. Provide remedies end prescribe by penalties for violation of this ordinance and any franchise granted hereunder. 3, f1PP()r:ABILITY This ordinance is applicable to any application for a cable franchiseor franchise renewal ailed on or after the effective date of this ordinance and to any such franchise os renewal granted iherea#fer. 4. DEFINITIONS For the purpose of this ordinance the toltowing terms, phrases, words and the derivation"s shall have the meanings given herein. When not inconsistent with the context, words used [corn the present tense include the future, words in the plural number inctude the singular and words in the singular number Include the plural number. The word shall is mandatory and the word may is pemtissivo. 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 enlitfed to make use of an access channel consistent with the intended purpose of [he channel. c. "P~aplication"shall mean a proposal seeking authority to construct and operate a cable communicallans system within the Town pursuant to this ordinance. It shall inctude the inRial proposal plus all related subsequent amendments and correspondence wNh the Town. d. "Basic cable service' means any service tier which includes the retransmission o1 kxal broadcast television signals, or as the term maybe redofined by Title 17 of the United States Code and Federal Canmunicatrons Commission Regulatbns. e. 'Cable service" shall mean [he one way trensmissEon of video programming and associated non-video signals to subscribers together with subscriber interaction, ii any, which is provided in connection with the video programming. t. `Cable communications system' or system shall mean anon-broadcast iacitity 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 3o public subscribers cable television services, institutional services, or other communications sorvices, 6uf such farces Shalt not include: 1} A facility or combination of tac34ities chat serves only to retransmit the television signals of one or more television broadcast signals; 2) A facility or combination of facilities 1haE serves only subscribers In ana 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 Tala II of the t',OmmanlCa110RS Act at f934, as amended; except that such iacitity shall ba 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; ar 4) Any facilities o1 an electric utility used saloly for operating its electric utlltty system. g. "Town" is the Town of Vail, Catorado. h. "ChanneP shall mean six (sJ Megahertz (ivlha) frequency band which is capable of carrying either one standard video signal, a number of audio, digitaE or ocher non-video signals or some dvmbination of such signals and which is at leas[ six (B) Mhz wide. I. 'Connection" shall mean the attachment of the drop to the radio or television set ar other communication device of the subscriber. j. "Converter" shall mean an electronic tuning device which converts transmiaed signals to a frequency which permits the reception an an ordhtarytetevisbn receiver. k. "Council" or "Town Council" shall mean the govsmktg body o iha Town of Vail. I. "Drop" shat) mean the cable that connects a subscriber's terminal to the nearest leader line at the cable Ixxnmunk:atians system. m. 'F~sement" shaft mean a right to use all public rights-of-way including public utility eaSenrenls. n. "Feeder line' shall min the coaxeal ar fiber optic cable running from the trunk Ilne to line extenders end taps for the purpose of 4ttetcarutectlat to ktrfividual stdlscribers. ' o. 'FCC' shell mean the Federal Canmunicatlans Commissiat. p. 'Franchise" shall mean the non-exclusive right and authority to construct, mehllain, and opeate a cable eommuninatipns system through use Of the publk; streets, dedications, publk uilltty easemerrts, or carer twblk ri~rt-of-way ar public places in the Town pursuant !o a contractual e~eemertt executed by the Town end a Frenclsise. q. "Franchisee" ar "Grantee' refers to an entity ar.::._.:..>d to canslruCF, w operate, or bath, a cable communicatone system within Fite Toren pursuant to this chapter including any lawful suxessor, trensieree, or assignee of the original Grantee. r. 'Franchise agreement' means a franchise grant ordinance or a contractual agreement, contalning the apeciNc provisions of the frenchise granted. including references, specifications, requirements end oHler related matters. s. "Franrhiea fee" means anv Sae nr rrancnise to oe Incurred by grantee for public, educational, or governmental access facilities; {3} Requirements or charges incidental to the awarding or enforcing of the fmnchisa, including payments tar bonds, sacurily funds, letters of credit, Insurance, indamniiication, penalties, or liquidated damages; or (4) Any fee imposed under Title 17, United States Code. t. "Gross revenues" means the annual gross receipts received by a grantee from all sources of operations of the Cable Television System within the Town utilizing the public streets and rights-ot- way far which a franchise i5 required in order 10 deliver such cable service, excluding refundable deposits, rebates or credf[s, except thaF any safes, excise or other taxos or charges collected for direct pass-through to local, State or Federal government, other than the franchise Tee, shall not be included. u. "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 tenninaf or receiver. v. '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 Fo, video transmission and voice and data communications. w. '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 other than a Franchisee. x. '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 inctude system-wido sweeps of the cable communications system for purposes of verifying the Integrity of the system and controlling return path of the sransmissions. y. "Pay Television" shall mean the delivery over the system of per channel audio-video signals to subscribers for a fee or charge in addition to the chargo for basic sorvice. z. 'Person' shall mean any person, firm, partnership, erect€ation, corporation, company, or organization of any kind. aa. 'Public, educational or governmentaE aCCea6 fadil111ea' Or "PFr; AfY:P.AA faCllltiP.A' means the total_ of the iolbwing: (t) Channel capacity designated for noncommercial public, educational, or governmanl use;antl (2) Facilities sad equipment Eor the use of such channel capacity. . bb. "Service area' or "Franchise area" means the entire geographical area within the Town as It is now constituted or may in the suture be constituted, unless otherwise specified.in the franchise or permit. cc.'Service tier' shall mean a specific set of Cable subscriber services which are mado available as, and only as, a group for purchase by subscribers at a specific rate for the group. dd. 'Street' or 'public way' shall mean the surface and the space bebw and above any publ'Ic street, road, highway, path, sidewalk, alley, court, or easement now or hereafter held by the Town for the purposo of public travel or public utilities and shalt include public easements or rightsrof-way. 00. "Subscriber` shall mean a recipient of cable talavision service or other services pratided aver a cable communications system. dd. 'User' shall mean a party utilizing a cable communications systems facitdy for the purpose of production or transmission of material or Information to subscribers. 5, pFrjl IIRF~NT f~F A FRANr:HIRt;, 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 valkf franchise obtained in accordance with the provisiohs of this chapter. 8, GENEReI FRLy[d (:HIRE ~jA~tACTERISTICS Any franchise Issued in accordance whh the provisions of this chapter shalt be deemed to: a. Authorize use of the public ways for installing rabies, wires, Ifnes and otheriecilitiss in order to operate a cable communications system, but shall nniaterexpressly nor implied be deemed W authorized the Grantee to provide servlce o, or install cable, wires, lines, or any other equipment or facilities upon private properly without owner consent, or to utilize publicly or privately owned utility poles or conduits without a separate agreement with the owners therefore; ' b. Bs non-exclusive, end shalt neither expressly nor implied be deemed to preclude the issuance of subsequent franchises to opeate one ar more cable communications systems wtthFn the Tawn;and C. Convey no properly right fo the Franchise or right to renewal excepE as required by Federal and State law. 7, ~Ahl(:H~SF AC A franchise Issued pureuant to the provisions of this chapter shall be deemed to constitute a contract between the Franchisee and the Town. The Franchlsea shelf be deemed to have contractually comm€tted itself to oompry with the terms, conditions, and provisions of the franchise documents, end with all rules, orders, regulaBons, and determinatkns applk~bte to the franchise whidt are issued, promulgated, or made pursuant to the prdvlslons of this Chapter. e. CONFLIGIS a. All terms, canditkma and provisions of this chapter and the applicalbn for a franchise shall be deemed to be embodied in a franchise, and oonfkCls in terms, condRbns or provisions between areas dxuments shag be resolved as follows: 1} The express terms of ibis chapter shall prevail Aver conlllCling or Inconsistent provisions of tlse franchise: 2} Tire express Eerms of the franchise shall prevail over CanHlCiktg ar lrsCOrtslateM prnvlafana In ate applit:aHart and arty rtsgtlest for r.., _,,:ls; and 3} 1'ha express terms of any request for proposals shalt prevail over conflicting or inconsistenE provisions in the application far the frantdsLae. b, 'the provisions of the franchise shall be liberally ..,,..,:.red In ardor to efiectuste I!s purposes and objectives consistent wRh this chapter end the public interest. In the event one a more provisions of the franchise or this Wrapter of subsequently found to be unlawful, null and void or unenforceable, the Town shall,,at its sots option, ha+re the right to consider said provisions severed fr[vn the hanrl,{rta an as In rrvirin, n Ihr: frannhim's compnance wun au clear appucaote rules and regulations now in effect or hereafter adopted by the United Stator, the State of Colorado, or any agency of said governments. 10. ~t3AN(:(-1i.5'~ VAI IRITV A Grantee shall agree, by the acceptanco of a franchise, to accept the validity of the farms and the conditions of Phis ordinance and the franchise in chair entiroty and that Ihs Grantee will not, at any time in any claim or proceeding, challenge any term or provision of flits ordinance orthe franchise as unreasonable or arbitrary or argue that the Town did not have authorky to impose such term or cond4ion. 11. EJj,IyC O(= APPI ICATif1NR Applications for a cable communications franchise will ba 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 applicallon, the Town shall publish notice of the Filing in a nowspaper of general circulation in the Town. Any person wishing to submit any comment on [ha application shall, within fifteen (15} days of the data of notice of the first applicallon, file such commenF with the Town Manager. c. Alt applications to ba acceptable for filing must be accompanied 6y a tiling fee of tan thousand sixty dollars [$1QUt3D). The Town shall apply att ailing fees received against all costs associated with its evaluation of any pending applications pursuant to this chapter. In the event that total costs are less than the total Siting fees, the Town shall refund a portion of the filing Tee on a prorated basis for each Applicant within forty-five {95) days aker franchise grant. The Town shall furnish applicant with documentation o€ all costs incurred at that time. 12. CfINTFNT flF APf~I ICATIf)hJSz To be acceptable far filing, an application musF conform to any applicable request for proposals and all the information specified therein. Where an application is noE filed pursuant to a request for proposals shall contain at minimum, the following information: a. Indemnification of the ownorship of the Applicant, if not a natural person, including the names and addresses of all persons with one (1) percent or more ownership interest and tho uhimala controlling natural persons and identification of sit officers and directors and any olhnr primary business affiliation of each. b. An Indication whether or not the Applicant, or any entRy controlling the Applicant, including any officer of the corporation or a major stockholder thereof, has been adjudged bankrupt, has had a cable franchise revoked, ar been found guflty by any court or administrative agency in the United States of: 1) A tiolation of a security or anlilrust law; or 2) A felony or any other come imotving moral turpitude. Identity any such person or entity end fully explain the circumslenCes. c. A demonstration of the Applicant's technical and financial ability t0 construct and operate the proposed cable facllily. d. A description of the physical facillly proposed, including Channel capacdy including ono way and two way, if any, the area to ba served, a summary of technixal charecterislics, and heed end and axes facilities. o. A description relating how any construction will ba implemented, idantiiiCation of areas having above ground or below ground cable iacililies, the proposed Construction schedule, and a description where appropriate, indicating how servlce will be converted from any existing facility to a new facility. f. A description of the services to be provided over [he system, Including ident'rficatlon of television signals, both broadcast end non-broadcast, to be Carfled 8rld eII non-1eIBVISIan Se1VICe5 t0 be provided initially. Where service will be offered by liars, idemify Iha signals or services, or both, to be included on each tier. g. Tits proposed refer to be charged, including refer for each service liar, as appropriate, and charges for Installation, converters and other services. h. Information es necessary to demonstrate CompliartCe with all relevant requirements Containod in this chapter. i. A demonstration stating how the proposal Is reasanabla !o meet [he future cable related communky needs and interests. In particular, the applicallon Should describe how the proposal will satisfy the Heads as analyzed in any recent community needs assessment commissioned 6y iha Town. j. A damanstratian how the proposal was designed to be consistent with all federal and state requirements. k. Pro forme financial propections for each year of (h8 franChiselerm. The projections shall Include a statement of income, balance sheet, statement. of sources and use of funds, and schedule of capital additbns. All signifxant assumptions shall be explained in noses or supporting schedules Set accompanying the projections. I. A complote fist of all cable communications systems In which the Appttcant or a principle thereof hpfds an equity interest. m. An aflldevit of the Applicant or duly authorized officer thereo! cerfifying, in a farm acceptable to the Town, the truth and arxuracy o1 the infomsatbn contained In the applicallon. n. [n the case of an appliCal'Icn by an existing Franchisee for renewed irenchise, a demonsVation [fret said Franchisee has substantially complied with the material terms o[ iha existing franchise and whh applicable law o. Any parson who files an appliratlon with the Town Tor a cable communications irenchlse shelf forewifh, et all limes, disclose io the Town, in writing, the names, addresses, and occupations of att,,a,,,,.,., who are authorized to represent or act an behalf of the Appl€cam fn those maHers pertakdng to iha applcation. The requirement to make suds disclosure shalt conthue umil iha Town shah have rejected an Applicant's appNtattlon a until an Appkcant w~tldraws its apptlrrtion. 13. CONSIDERPTr(~~S,j (sF APPLICATIONS a The Torn sflari consider each application [or e franchise with the applications Sound to be acceptable for filing and in substantial compliance with the requirements of this chapter and any epplMable request for proposals. In eveiualklg an application, Itte TpWn will consider, among Other things, iha Applicant's past servk;a record In ostler communtlies, the nature of the proposed feCIIltles and services. including rates Fo be charged therefor, and whether iha proposal is adequate to ,..m, x,s r, a.,.e ..sws .eie,~r...,,....,,,.a,...,~e a"a the Franchisee shall paythe Tvwn the DOSE pi such audit. any deficiency payment shown by such audit to be due and interest Ehereon at the agreed rete. A report of the findings of the Town's accountant shall be binding and cvndusive the Frenchisee and the Town. d. In the event that any franchise payment Is not received by the Town on ar before the applicable data, interest shall be charged from such due date at an annual interest rate than chargeable for unpaid federal income taxes{28 U.S.C., Section 6821). In addition to the foregoing, the Frenchlsea shall pay a late charge of five (5} percent of the amount of such payment. Interest and late Oharges will not be chargeable to the Franchisee for additional payment required under the yearty adjustment. provided that sudl payment does not exceed ten (10) percent of the total monthly payments made during the year. In Ehe event such paymeht exceeds tan {i0) percent, !ha Franchisee shaft be liable for Interest and late charges forthe entire amount. e. In the event a irenchise is revoked or othenWseterminatedprior to iES axplretion date, the Frenchise shall file wfth the Town, within ninety (r30) days of the date of revocation pr termination, an audited flnanclal statement showing the gross revenues received by the French€see since the end of the pevous year and shalt make adjustments at that time for the irenchise fees due up to the date of revocation or termination. 17, j(JR11R¢NCF_. BDNDS. iNt)FMyr]Y a. Upon the granting of a franchise and tolbwing simultaneously the Filing of the acceptance of the franchise and at all times during the term of the franchise including the lima for removal pf facilities or management as a trustee as provided for herein, the Franchisee shell obtain, pay all premiums for, entl deliver to the Town written evidence of payment of premiums for and the originals of the following: 1} A general cOmprahansive public liability policy or policies indemnifying, depending, and saving harmless the Town, its officers, boards, commissions, agents, or employees From any and all claims by any person whatsoever, inbluding the costs, defenses, attorneys fees, and interest arising therefrom On account of injury to or death of a person ar persons occasioned bylhe operations of iha Franchisee under the franchise herein granted, or alleged to have been so caused or occurred, with a minimum lialility of one million dollars ($1,ODD,000) per personal injury or death of any one {1) person and three million dollars {$3,000,000) for personal irijury or tloath, of any two (2) or more persons in any one (1) occurrence. The policy shalt 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 end all claims by any person whatsoever, Including the costs, defenses, attorneys teas, and inieresl arising therefrom, for property damage occasioned by the operetion of the Franchisee under the franchise herein granted, qr alleged to have been so caused or ovcured, with a minimum liability of five hundred thousand dollars ($5t]D,D00) for property damage 1v iha w..,N.s,.y or any aria {1} person and one million dollars ($1,Op0,gp0) for property damage to the property is caused by factors beyond the control of the Franchisee, includ-Ing wititout lanitatlon, any flood or other Act of God, laws, regutatians, nrlss or orders of any govemmsntal agency, sabotage, stdkes. lockouts or job actions, failure or delay in tre,.,r.,,,~,Jan or the unavailability of any product Or material necessary to the perfamtance hereof; provkted that Frandiisse has exercised all due care to prevent the occurrence of such events which are reasohaby foreseeable, klcluding without limitatbn, actlvsly pursuing ahsmaffva products, materials and means of transportation. M the event that delay in ponormance or failure to perform affects only pan of Frenchlsee's capectry to perform, then the Franchisee shall perform to the extent It is reasonably able to do s0. The Franchisee agrees that iha excuse for nonperformance under this Section shaE! last only so tong as iha act which excuses partormanca under this Section shall continue without €ntertuptlon. to correcdng any causes of nonperformance and In effecting any panlal performance, Frenchlsea shall take all necessary Corradtlve agti0ns as expadfttously as P~~ c. The Town shall make a written. demand by certified mail t#tat the Franchisee comply with any such provision, rule, order ordetennhiaticn under or pursuant to the frenchlsa. If a vlofatlon of the franchise Continues FDr a period of ttrirty (30} days [olbwing suds written demand without written proof that iha corrective acticn has not been taken orts being adivelyand experGtbusly pursued, the Town may consider terminating the franchise; provided, however, a wrtten notice thereof shalt be 9~ to the frendllse et least EiNeen (15) days in advance and Me Frerlchisee must ba given an opportunity tq appear before the Council to present its arguments. Should the Town determine, following the public hearing, that the violation by iha Franchisee was the fault o! the Frenchlsea and with€n iha 'Franchisee's Control, iha Town may, by resolullon, declare -that the franchise be forfeited and terminated; proWded, however, the.Town may in its discretion, provide an opportunity for the Franchisee to remedy the vialatlon and come into Comptlance wfih the franchise and this ordinance so as to avoid the temfination. 21. INSOLVENCY The franchise grained hereunder may be terminated priarto its expiration if the Town Counci# finds that FranChLsee becomes insahrem, unable or unwilling to pay its debts as they become due, files a petition for relief under any state or federal bankruptcy, reorganization, insolvency or similar law (or any such pelitbn is filed against the Franchisee and is not dismissed without sixty {60) days}, is adjudged as bankrupt, assigns all or a substantial pan of its assets for the benefit of its creditors, aS! or pan of Franchisee's facilities are sold under an instrument to secure a debt, or a receiver Is appointed with respell to all or a substantial part of the Franchisee's assets or stock. 22. 13F~}DYA1 r+F r.gDLE caMMUNIr.ATlny~ SvGTFn1 In the event this irenchise agreemsntexpires, is revoked or otherwise terminated, Franchisee shall remove at its own expense all designated portions of the cable communlcatlons system from all streets end public ways within the Town. In removing its plant, structures and equipment, Franchisee shall retAt, at its own expanse, any the terms and conditions of this paregreph and this ordinance. In the event of a failure by Franchisee to complete any work required by this franchise egreemenf orthe Vail Cable lelevisfon ardinanca, or any other work required by Town law ar ordinance wlthln the time es 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 caste thereof within thirty (30) days after. receipt of an Itemized list of such C43t9. 23. l~}RFR FFF9 AND. FiATE5 a. The initial fees to be charged to subscdbers for all services including Installation fee end other One time charges shelf be specified in anyfrenchise 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 t0 6btain Town approval fOf fate Increases, the Franchisee shelf file a rev€sed schedule o! rates with the Fown at least ninety (90) days In advance of a proposed rate increase. Subscribers shall be noiitied of the proposed increases within ten (10)-days of notice to the Town. This ailing shall specify the rates os fees to be increased and associated regulations whidt may affect charges to the subscribers and the juslifiCations for said Increases and Charges. The Franchisee shalt promptly submit any additional supporting information requested bythe Town. d. Within thing {30) bays of the rete increase filing, the Tawn shall schedule a public meeting before the CpunCll to hear subscriber and FranChi96e Comment on 1ha prpppsed 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 rB&SOnable, considering the Franchisee's costs, including a reasonable rate on investment overthe remaining term of the franchise, and shall Hat give any undue or unreasonable preference or advantage to any subscriberor class of subscribers. f. Rates and charges may ba reduced at arty 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 promotian;t€ purposes far a specified time period, a retain to the permanent rate shall not be considered a rate Increase for the purpose of this Chapter. The Town shall be notified of all reductions in rates whether pormanent 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 1o the Tawn and a minimum Of thirty (34) days prior notice to elk' subscribers of basic service. 24. REPORTS a. Annual Report No later than one hundred Iwen[y (120) days attar the end of iha each Franchisee's fiscal years, the Franchisee Shall fife a written report with the Town which shall include: 1} A summary of the previous calendar year's activities and development of 1ha system, Including but not limbed to, 5arvices begun or dropped, number of subscrfbere, includ€ng ga€ns end losses, homes past, and miles of cable distribution plants arid sesWca 2} A flnanclal statement ~~rtdied by an officer pf the FranCh#s9e including a statement of income, a balance sheaf, and a statement of sources entl appticatlons o! funds. The ,.a.a,.dnt stroll Include notes that specilyr all s~Jnfiicant accounting policies and prer~Ces upon wh'sdt fi is based, Enciuding,'but not Ikn€tad to, depreciation rates and methodology, Overhead end Interest syetsm cost allocation methods, and basis tOr Interest expense. A summary shall qe proWded comparing the current year with t}la three previous years. The statement shell contakt a summary of the payments. 3J An annual summary of complaints received. 4) An annual projection of pins for the fuhlre. 5) An annual report o! thecampany. 8) A current annual statemenE of cast of construction b1r .......,....ant category. 7} An owrrsrship report, IrrdlCattng all persons, whoa! any Nina during the preceding year directly controlled or benefited from an interesE In iha franchise of five {5) percent or mare of iha Oraniee. 8) A copy of alt the Franchisee's tales and ragulatbns applicable to subscribers and users of the cable communlcatkxls system. b. Addttiorlal Reports The Franchisee shall prepare and famish to the Town at the 11msa end m the form prescribed, sully additional reports with .,,,r,,,., to its operation, as may be reasonably „a,.a~ry and E,.t.,.,.d.>ta to the perfomtance of any of the rights, functicns or duties o1 the Town in connectbn with tlr€s ordinance orthe franchise agreement. 25. a. Mandatory Records Tha Franchisee shall at alE times malnta&t: 1) A record of all complaints received during the term of iha franchise. 2) A fu€I and campleta sat o1 plans, records and "as build' maps showing the exact location of all Cable television system equipment installed or in use in Town, excluslva of subscriber service drops. b. Inspection by Tovm Upon reasonable nottoe to the Frenchlsea, fine Town shalt have the right to inspect ell properly, maps, entl reCdrds relating tp the cable Operations at any lime during normal business hours. All recorcrs required by the Town for Such Inspection shall be made available within iha Town of Veil, Colorado, wlthln a reasonable time after the request. 28. FELINGS The Franchisee shall mail or deliver a copy of all filings it makes vrith State and Federal agencies to the Town Clerk. Said copy shall be mailed or delivered on she filing date. 27. r.~ySUyiEF( PRnrFrnnN a,~{jZ ~vlrF GrANDnaos a. Except as otherwise provided in iha franchise agreement, tulle Franchisee shall maintain the necessary facilfiies, equipment and personnel to comply with the following consumer protactipn and service standards under normal conditions of operation: 1} Sufficient tall-free telephone I€ne capacity during normal business hours 1o assure that e minimum of n3riety-five percent (95%} Cf alt calls will ba answered before the tounh (4th) drag and ninety 4) An emergency system maintenance and repair staff, tsrpable of respondng to and repairing major system malfunction on a twenty-four {24} hour per day basis. 5) An installation staff, capable of installing service to any subscriber within seven (7} days aNer receipt of a request, In all areas where trunk and feeder cable have been activated. 8) AE-the subscriber`s request, Franchisee shelf schedule, within a specified tour (4) hour time period, all appointments with subscribers for installation of service. 7) The Franchisee shall render etflClem service, make repairs promptly, and imerrupt service only for good cause and [or the shortest time possible. Scheduled interruptions, insofar as possible, shall be preceded by notice end shall occur during a period of minimum use of the cable system, preferably between midnight and six A.M. 8) The Franchisee shall maintain a repafrforce of technicians normally capable of responding to subscrArer requests for service within the following time frames: a. For a system outage: Within two (2) Hours, including weekends, of receiving subscriber calls or requests for service which by number identify a system outage of sound or picture of one (1) or more channels, affect'sng at feast ten percent (10%) of the subscribers o1 the system. b. For an isolated outage: Within twenty-four (24} hours, Including weekends, of receiving requests for service identifying an isolated outage of sound or picture for one (1} or more channels that affects three (3) or more subscrbers. On weekends, an outage aNecting fewer than three (3) subscribers shall resat! In a sarvioe call no later than the following Monday morning. c. f=or inferior signal quali;y: Within foray-eight (4B) hours, including weekends, of receiving a request for service klantifying a probl0m condeming picWre or sound quality. 9) The Frenchlsea shall ba deemed to have responded to a request for service under the provlslvns of this Section when a technician arrives at the sarv"sca location and begins work on the problem. In the case of a subscriber not being home when Ehe technician arrives, Ehe technician shelf leave written notification of arrival. Three (3) successive subscriber failures to be present at an appointed lime she{f excuse Grantee of the duty to respond. 10) The Franchisee shall not charge for the reps€r or replacement of defective equipment provided by the Franchisee to Subscribers. 11) Unless excused, the Franchisee shall determine the nature of the problem within forty- eight (A8) hours of beginning work and resolve all cable system related problems within five (5} business days unless technically infusible. 42) Upon request, the Franchisee shall provide appropriate rebates to subscribers whose service has beery interrupted tar four (4) or more hours. 13} Upon five (5) days notice, the Franchisee shall establish its compliance with any or all of the standards regWrad alcove. The Franchisee shall provide sufficient documentaElon to permit the Town to verifythe compliance, 14) A repeated and verifiable pattern of non- eompliancewith the consumer protection standards of 1. through f3. above, after the Franohfsse's receipt of due notice and an opportunity to cure, maybB deemed a malerfal breach of iha franchise. 15) The Franchisee shalt establish written procedures for receiving, acting upon and resolvklg subscriber COmplelnts wHhout intervention by the Town. The written procedures shalt prescribe the manner in which a subscriber may submtt a complaint either orally or in writing speclfying the subscriber's grounds for dissatisfaction. Tha Franchisee abaft file a copy o1 these procedures with the Tawn. i6) The Town shall have the right to review the Frartchlsee's fssponse 1o subscriber complaklts in order to determ'rna the Franchisee's compliance with the franchise requirements, subject to iha subscrbers right to pdvacy. 17) 11 chaff be Iho dght of all subsCrlberS t0 continue receiving service Insofar es their financial and other ob]igatlons to iha Franchisee are honored, In the event that the French€see elects to rebuild, modHy, or sell the system, Or the Town glv~ notce of intent 10 terminate or not to renew the franchise, iha Franchisee shell act so es to ensure that au subscribers reCBfve servlOe so kxtg as the irenchise remains in farce. 1 s) In the event of a change of control of the Franchisee, or N the event a new operator acquires the system, the original Frenchlsea shall cooperate with the Town, andlor the new Franchisee or operator In malnteining conttnulty of serWce to alt subscribers. Dudng such period, the Frandtlsea shalt ba entitled fo the revenues for any period dudng which it operates the system. 19) All officers, agents or employees of the Franchisee or its Contractors or subcontrectore who, in the norms! course of work come Into confect with mmrtbers of the public or who require entry onto aubscnber's premises shell carry a photo-ident~cation card in a form approved by iha Town. The Franchisee shall account !or all identification cards at all times. Every vehicle of the Franchisee or Its major subcontractors shelf be clearly Identified as woddng for iha frenchLsa. 20) Upon request of iha Town, but not more than once annually, the Frenohisee shall candact a subscriber satisfaction survey pertaining to the quality of service, which may bs transmitted to subscribers in the Franchisee's invoice for cable services. The results of such survey shall be provided to the Town on a timely basis. Tho cost of such survey shaft be home by the Franchisee. 21) Additional service standards and standards goveming consumer protection and response by the Franchisee to subscriber complaints not otherwise provided for in this Chapter may be established in the franchise agreement, and the Franchisee shall comply with such standards in the opereE'xlns of the cable television system. A verified and continuing pattorn pf ngncompliance may ba deemed a material preach at the franchise, provided that iha Franchises shall receive due process, Including written notification and an opportunity io cure, prior to any sanction being imposed. 22) Each year throughout the,ferm of th0 franchise, if requested by the Town, the Town and the Franchisee she#I meat publicly to review system performance and quality of service. Tha various reports required pursuant to this Chapter, the results of technical performance tests, iha record of subscriber complaints and the Franchisee's response to complaints, and the information acquired in any subscriber surveys, shall be utilized as iha basis for review. In addition, any subscriber to correct the areas of noncompllsnce within period speciiied theraiar or to commer compliance thereafter, shall be conaiderer material breach of the franchise, and the Tc may exercise any remedy within the scope of i Chapter and the tranchlsa agreement conside appropriate. 28. SERVI(:F TD &I!B$('(tIRFAG A Franchisee shall provide ail the follow serWces to subscribers: a. A basic subscriber television service which consists, at minimum, on any legalty requl must carry signals an intOrmatipn and west channel end aE least one {1} public educatlonaE 1 governmental access channel. This may superseded by the forthcoming FCC dafinilior "bash service tier", in conformance with the 1t Cable Act. b. The Franchisee shall provide leased sot channels io the extent required by Federal law. c. A Franchisee shall provide equlpm directly or through grants for local progr praduclfan by all cable users for IEva and video tt presentation over the cable television By51ett accordance with the provisions of the french ageemonl. The Franchisee shall have no con over the content of access programs. Any put access channel abaft be made available to e member of the public on a first come, first serv nondiscriminatoryhasis. 29. PUBLIC DROPS The Fanchisee shell proulde without abet wfihin the franchise area one drop activated bask: subscriber cable television selWce to each station, public schoel, police station, public fibre municipal buiktetg and other such buildings used public purposes. As provided in the french agreement, the Frenchlsea shall provide I cablecasting capability to designated gut brlildirlgs. 34. LQ~K fir lr r]t=vlr:E The Frenchlsea shall previde, for sale Or lea upon request, s lockout device for use by subscriber. Such davits shall be capable restricting the reception of any channel include both the video and audio portions of t progremming carried on that channel. The lack device should be made available to all subscriq~ requesting fi and the charge and availability of I daWCa shall be made a part Of the rata schedule. 31, PRfITFI:TlC1N,S1F .Cllr}~CfiIS1 PRIVACY FranChESOe Shall protect the TOwn'S privE consistent with the provision of 47 U.S.C. fi3f, amended. 32. CON.^~TRI1r:TIr1N ANf) INCTAI I ~t)•l1 WORK a. The Tawn shall have Eha righS but Hat t obligat'son to inspect alt construction and Installall work perforated by the Franchisee subject to tl Chapter as if shell find necessary io inst compliance with the goveming ordinances end t iranch33B. b. All construc[lon, Instaflallon, a maintenance must compry with all Town ordinenc including all unifoml codes adopted by the Tot and all slats and local ragufalions and good a accepted industry practices. 33, )~gTJnN OF .STRLICTt,j}j~S. LWI ANf1 Fftl IlP1NENT a. The Franchisee shall utilize exlstHg condt end other fadrdies lvhenBVer possible, end shah r consiroa Or Install any now, different or additior conduits pr other iaClllties Whether pn pub property or an privately owned property ur approval of the properly owner or eppropria governmental authority is obtalnad. However, tl locallon and installation of any conduh, or olh facility by a Franchisee shall not create a vas6 interest, and such structures, or feclllues shall removed, replaced, or modffled by a Frenchlsea Its own expense whenever the Council or olh govemmenta[ authority determines that iha pub interest so neoassitetes. 6. All transmlesion and distribution atruclun lines and equipment installed by the Franchis within iha Town shall be located so ea io tau minimum lnferterence with the proper use streets, aEleys end other publb ways end plat end to cause minimum Interference withlhe rlgl or rerasorlaWe oonvenlenCe of propedy owners w adjoin any of the streets, allays or other pub ways or places and where they will not in[erfe with any gas, eleCtdc, telephone, water or olh preaxisdng utlEity faauty. c. All such fixtures In any street or publb w shall be placed R full a,,,,,,,,,ance wittl the atarxla+ set [Craft in the btunidpal Code of the Town of VI d. Cable shall be installed underground Franchisee`s expense. Previously Installed cal cable shad be placed underground in conoen w oilier WHdies when both the -:::~:, ..e and eledrt utilities convert Irom aerial to undergreu construction. Franchisee shelf place cat underground In newly platted areas in concert w both iha telephone end electric utilhies unless t requirement Is walled by the Town. Equfpmi shall not be stored on Town right-of-way. A precpnstmctiat conference with the prop[ owners will be completed prior to oommsncing r underground conslrucdon, and the Town at assist and cooperate in such conferences necessary. All soil, earth, sad or lmprovsmsi disturbed by the Installation shall be replaced e restored to their original cpndltlon. Fetching highways, roads arxi driveways will be completer aooordanoa wish the speci{fcallons promulgated end subject to inspectbn and approval by, Tol County or State engineers, as appropriate. 35. oFar 9CkAR~NT OF PAViNQ The Frenchlsea at its own cost and exper and €n a manner approved by the Tawn sr replace and restore all paving, sidawaCcs, drivewl or surface of any street or allay ar public v disturbed, m as good a condition es before the w was Commenced and shell melnteln the restarat in an improved condition for a period of one year. Failure of the Franchisee to replace restore such paving, sidewalk, driveway, or stn surface within forty eight {48) hours of completion of work shell authorize !ha Tawn cause the proper restoration to be made at ~ Franchisee's expanse. 36. 9LIFRATION OF STREETS Rv Tny If the Town shall (awfully decide to attar change the grade of any street, alley, or oil public way, Ehe Frenchisae, upon reasonable not by the Town, shall, In a timely manner requested 6y the Town, remove and relocate poles, wires, cables, underground conduits, e other facilltlea at Its own expanse. If other unlit are compensated, Frenchlsea shall be entit3ec the same comparsallpn. 37. TRIMMING T'FIEES nvlvmg a vans nvusa mvvrng perm n, rily raise or lower its wires or cables to he moving of buildings or other large The expanse of such temporary raising or of wires sha31 be paid by the parson making lest, and the Franchisee shall have the to require such payment in 9dvance. The gee shaA be given not less than tarty eight us advance notice fo arrange for such y wire changes. j~.F~l1NDF ANI'f RFRVrf'.F Franchisee shall establish and conform to vine poll~y regarding refunds to subscribers s: a Franchisee collects a deposit or advance n any service or equipment requested by a er or user, the Franchisee shall provide uice or equipment within thirty {30) days of action of the deposit or charge or the gee shall refund such deposit or charge ve (5} business days thereafter. Any ar security deposit collected by the gee shall be returned !o the subscriber fur {24} months after the installation of werter, or upon termination of service by scriber and return of such converter led with alloHrunoe for reasonable war and payment of any outstanding balance due able, whichever occurs first. if and when nchisee collects deposits from its ors, it shall pay Interest on any deposit of the subscriber at the agreed rate in ~m time to time minus two (2} percenlege fhe Franchisee may eiecl to pay such in the form of cred'sts to subscriber s. Nothing in this Section shall be is o relieve a Franchisee of any responsHtility va under separetely executed contracts or nta with its subscribers or users; 1s limiting a Franchisee's liability for r, H any, which may ba imposed under the s for the violation or breach of any s Ynereof; or fo limit the Franchisee's Eiability for a, it any, because of its failure to provide :e for whbh deposit or charge was made. he following requirements shall apply to Ir tliscortneclbns: here shall be no charge Eor disconnection nstaRatfon, service or outlet. A8 cable ications equipment shall be removed within table time from a subscriber's propegy r subscriber's request, such lima not to hirty (30} days from the date qi request. ~9q may charge for adding or deleting at the subscriber's request. any subscdber sails to pay a properly due subscriber's faa, or any other properly due area, the Franchisee may disconnect Ste sI's service; prrnided, however, that such ~ctlon shall not be slfacled until thirty (30) Ir the due dale of the monthly subscriber areas and shall Include a minimum five (5) :ten notice to the subscriber of the Intent ~nect. After disconnection, upon payment ail proper fear or charges, including the I of any reconnection charge, the ae ShalE promptly reinstate the service. jIaRVIf:F ~~ Franchisee shall offer full cable television tall areas of the Town unless specifically rd to serve a lesser area. A franchise I accordance with this Ordinance stroll tat all dwell€ng units within the franchise reoffered service on the same terms and Is; provided, however, multiple family ~mplexe$, apartments, or condominiums erved on a master-bill basis; and further, o motels, hotels, hospitals, and similar es or institutions maybe offered on terms ditions different from single residence ors. In the event that subsequem to the I of a franchise 'the Town annexes l territory, a Franchises shall extend its evlaion services Info the annexed area easonable lima of a request by the Town Such reasonable Limo shall noE ha less (9) months. iONTII~l11TY OF S~RUrnK here a Franchisee rebuilds, modifies, or ystem, it shall ensure that all subscribers xrtinuous, uninterrupted sgrvioe regardless :umstances. long as it is entitled to revenues from pion of the cable system, a Franchisee intain continuity ci service during any y transition in the franchise, Including but i to, the following clrcumstancas: avocation of the iranchlse. mrenewa! of rho franchise. ansfer of the cable system to the Town r entity. BgptGlTlnnla( npFRATrny a event a Franchisee continues to operate am in a transitional period, the Town ante, fallowing iha expansion, revocation, termination of the franchise, it shall ba all the terms, conditions, and obligations tchise as it h were In full force and effect. gating Franchisee shall ,...,.~, ore with the 'td any subsequent Franchisee in Ig and transferring service responsibility. 'FRl~~lf RFEt/AIl1ATInN !~l`•j.R 1TIATID[d$ ice the field of cable communications is cluing and manytechnologlcal, regulatory, marketing, legal, competitive, and other are likely to occur during a franchise tens, of tlexibilky is needed in order to achieve main a modern and efficient cable :aliens system tital adequately serves the ~ this end, the Town with cooperative s from a Franchisee, she!! periodically e the system operation and negotiate :e franchise changes. q Town shall reevaluate the Franchisee's orations and service three (3) years the award date of the franchise and every years thereafter for She life of the The Franchisee shall cooperate with the uch evaluation and provide information as soassary for the evaluation. Ilow,ng the public reuse of a reevaluation a Town and the Frenchisee shall meat to he reevaluation and possible means of I service to the public. Ai that time, the all negotiate any changes in the franchise be necessary pr desirable. Upon request awn, Franchisee shall, no earlier than ?) days and no later the thirty (30) days review and evaluation session, conduM a Huey of subscribers. Each questiorirtaire ,Onnmrr nnrl rnneln,MUa In r„v.e! Ieilh en oe raxmg to Implement the nnoings or the survey. d. The Town and the Franchisee may meat at other times to discuss and negotiate possible changes to the franchise pursuant fo an agenda agreed to in advance by both paAles. Such special sessions are intended to provide a mechanism for affecting franchise c~tanges necessitated by major events allotting cable communlcatlons, such as state or federal legislation, new or revised state or federal regulations, or an eMreordlnary change In CIECUmatanC83. 44. THFFT nF SFBViCES AND TAIUIPF~(a 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, oonduH, equipment or apparatus ci 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 devise to a wire, cable, conduit, equipment and apparatus or appurtenances of the Franchisee wRh the intent to obtain and maintain a signal or impulse from the cable system without authorization cram or compensation to the Franchisee, or to obtain and maintain cable television or other communications service with the Intent to cheat or de4raud 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 {$SOD) for each offense. 45. jj~jEf+fiTIATInN 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 provis'sdn of this Ordinance or any franchise granted pursuant thereto, is Invalid or uneniorceabls, than in such event,lhe Town shall retain the right to renegotiate any franchise entered into prior to any such rate, decision or other action. For the purpose of this section, 'Commencement of System Construction" shall mean the first day that physical construction, including but no limited to, the placing of cable on poles or underground, actualy begins. - 48. F~{ANCHISE RENEWAL Franchise renewals shall be in accordance with applicable law. The Town and the Franchisee, by mutual consent, may enter into renewal negotiations at any time during the term of the franchise. Upon mutual execution o1 a franchise renewal agreement the Franchisee shall reimburse the Town for coats Incidental to the franchise renewal award, not, to exceed any maximum specified in the agreement. Any such reimbursement shall not be charged against any franchise lea due to the Town during the term of the franchise. 47. FRANCNISE NON•TAANSFF(jABLE a. The Franchisee shall not sell, transfer, lease, assign, sublet or dispose ol, in whole or in part, either by forced or involuntary sale, or by ordinary sale, contract, consolidation or otherwise, the franchise or any of the rights or privileges therein grented, without the prior consent of the Town and then Only upon such terms and condHlons as may be prescribed by the Town under applicable law, which consent shall not be unreasonably denied or delayed. Any attempt fo sell, transfer, lease, assign or otherwise dispose of the franchise wRhout the consent of the Town shall be null and void. The granting o! a security interest in any the Franchisee assets, or any mortgage or other hypothecation, shall not be considered a transfer for the purposes o1 [his section. The transfer of the franchise from one wholly owned subsidiary of a Franchisee's parem company to another wholly owned subsidiary shall net require Town consent. b. Tha requirements at Subsection a. shall apply to any change in control of the Franchisee. The word 'control' as used herein is not IimHed io major stockholders or pannershlp Interests, but includes actual working control in whatever manner exercised. 1n the event that the Franchisee i5 a oorporatlon, prior authoriza[ion of the Town shall be required where ownership or control of mare than fen percent (10%) of the voting stock of the Franchisee is acquired by a person or group of persons acting in Concert, none of whom own or control the voting stock of the Franchisee as of the effective date of iha franchise, singularly or collectively. c. The Franchisee shall notHy the Town in writing of any foreclosure or any other judicial sale of all or a substantial part of the franchise properly of the Franchisee or upon iha termination of.any lease or interest covering all or a substantial part of said franchise property. Such notification shall be considered by fhe Town as notice that a dtanga in control of ownership of iha franchise has taken place and the provisions under this Section governing the consent of the Town 1o such change in control pt ownership shall apply. d. For the purpose of determining whether i[ shall consent t6 such Change, transiar, or acquisilicn of control, the Town may inquire into the quaSPications of the prospective [ransteree or controlling party, and the Franchisee shall assist the Town in such inquiry. In seeking iha Town's consent to any change of ownership ar control, the Franchisee shall have the responsibilityoffnsuring that the transferee completes an application in form and substance reasonably satisfactory to the Tawn,,dnich application shall include the information required under Section 21.02.120 of this Chapter. An application shaft be submitted to the Town not loss then sixty (60) days prior m iha dose of transfer. The transferee'sha~l be required to establish That it possesses the quaiitications and financial and technical capability to operate and maintain the system and comply with all franchise requirements for the remainder of iha term of the franchise. If the legal, financial character, and technical qualificai#ans of She applicant are satlsfadory, the Town shall consent to the transfer of the iranChise. The Consent of the Town tv such transiar ~Shak3 not be unreasonably denied ar delayed. e. Any financial institution having a pledge of the Franchises ar its assets for the advancement Of money for iha CpnstrUCtfpn 8ndlOr Operation of the franchise shall have iha right to noti[y the Town that it or Hs dasignaq satisfactory to the Town shal6 take control of and operate the cable television system, in fhe event of a Franchisee default of hs financial obligations. Further, said financial institution shall also submit a plan for such operation within thirty {30) days of assuming such control the[ will insure continued service and compliance with all franchise requirements during adminisirativa review, Tinancial, legal and technical evaluation of the proposed Frensfer, consultants (including technical and legs! experts and all costs incurred by such experts), notice and publication costs and document preparation expanses. Any such reimbursement shall not be charged against any franchise fee due to the Town during the term of the franchise. 49. A+BJ[.TIPLE FRANCHISES a. The Town may grant any number of franchises subject to applicable Stale or Federal law. The Town may limit the number of franchises granted, based upon, but not necessarily IimHed to, the requirements of applicable law and specific ktcal consideraClCTIS;each as: 1) The capacity of the public rights-of-way to accommodate multiple cables in addition tp the cables, conduks and pipes of the utility systems, such as electrical .power, telephone, gas and sevrerage. 2) The benefits that may accrue to cable subscribers as a resulE of cable system competition, such ~as lower rates and Improved service. 3) Tha disadvantages that may result from cable system competkion, such as the requirement for multiple pedestals on residents' property, and the disruption arising from numerous excavations of the rights•of•way. b. Each Franchisee awarded a franchise 10 serve the entire Town shall offer service to all residences in the Town, in accordance with construction and service schedules mutually agreed upon between [he Tawn and the Franchisee, and consistent wim applicable law. c. Developers of new residential housing with underground utilities shall provide Conduit to accommodate cables for at least !wo {2) cable systems. d. In the event of multiple Franchisees desiring to serve new residential developments In whidt the electric power and telephone utilities are underground, the following procedure shall apply with respect to access to and utilization of underground easements. 1) The developer shall be responsible for contacting and surveying all franchised cable operators Ep ascertain which operators desire to provide cable ieievision service to that development. The developer may establish a reasonable deadline to receive cable operator responses, The Tina[ development map shall indicate the cable gperatars that have agreed to serve the development 2) If one (1) or two (2} cable operators wish to prpvida service, [hay Shalt ba accommodated in the joint utilities trench on a nondiscriminatory shared Cost basis, If fewer than two {2} operators indicate interest, the developer shall provide conduit to accommodate two {2) sets o! cable television cables and dedicate io the Town any initially unoccupied Conduit. The devebpar shall bB entitled to recover the costs of such Initially unoccupied conduit in the event that the Town subsequently leases or salts occupancy or use rights to any Fraltchlsee. s) The devektpar shell provide at least tan (1 g) working days noise o1 the dale that utility trenches will be open to the cable operators that have agreed to serve the development. When the trenches are open, cable operators ahaH have two (2} working days to begin the inslaEla[ion of their cables, and flue (5) working days after beginning installation to oanplete Installation. 4). The final development map shall rot be approved until the developer submits evidence that: (I) It has notified each Franchisee that u...;:..,,.. and utility trenches are to be open as of an estimated date, and That each Franchisee will be allowed access to such trenches, including trenrdtes from proposed streets to individual home sites, on specified nondiscriminatory terms and conditions; a'td (ii) It has received a written notification from each Franchisee that the Franchisee Intends to install its facilities daring the open trench period on iha specilfed terms and conditions, or such other terms and.conditions as are mutually agreeable to the developer and iha Franchisee, or has received no reply from a Franchisee within ten (10) days after its notification to such Franchisee, in which Case the FranChlsea will be deemed to have waived its opportunity to install hs tacilitles during the open trends petted. 5} Sharing the joint utilities trench shall be subject [o compliance with State xegulaiory agency and utility standards. If-such compliance is not possible, the developer shat! provide a separate trench for the cable television cables, with the entire cost shared among the participating operators. With fire corcurrence of the developer, rho affected utilities and the cable operators, altemalive installation procedures, such as the use o! deeper trenches, may be utilized, subject to applicable Eaw. 6} Any cable operator wishing to serve an area where the trenches have been closed shall be responsible for its own trenching and associated costs. 7) In the event that more than one {1) franchise is awarded, the Town reserves the right to Gmit the number of drop cables per residence, yr 1o require that the drop cable(s) be utilized only by the cable operator selected by the resident to provide service. 8} The Town reserves the right to grant an encroachment permit to a cable Franchisee applicant to install conduit and/or cable in anticipation of the granting of a franchise. Such installations shall rte at the applicant's risk, with no recourse against the Town in the event rho pending franchise application is not granted. Tha Town may require an applicant Lo provide a separate trench for its conduit and/or cable, at iha applicant's cost. The construction of such Separate trench, if provided, shalt be coordinated with, and subject fo, to the developer's overall construction schedule. 49. $t(~I-lT.^S REGEFjV~D Tn T}tt= Tr7WN a. In addition to any rig?Its specifically reserved to the Town by this Chapter, the Town reserves to itself every right and power which is required to ba reserved by a provision of any ordinance or under the franchise. b. Tha Town shall have the right to waive any provision of the franchise, except those required by Federal os State regulation, if the Town determines (1} chat it is In the public Interest to do so, and {2) that the enforcement of such provision will impose an undue hardship on the Franchisee or the subscribers. To be effective, such waiver shall be evidence by a statement in writing signed by a duly authorized representative of the Town. Waiver o1 any provision in one (1) Instance shall not be . - _.: a waiver of such provision subsequent to Invalid or for any reason unenforoesbte,~the validity of the remaking portbns o1 this Ordinance shall not be affected thereby, it being the inten! of the Town Council in adopting and approving this Ordinance Then no portion hereof or provlslon or regulation canlained herein shall become inoperetive or fail by reason of any unconstitutionality or invalidity of any other portion, provlslon or regulation and ail provisions of this Ordinance are declared to be severable. 51. H any part. Section, subsection, sentanve, clause or phrase of this ordinance is for any reason bent to be invalid, such decision shall not effect the validity of the remaining potions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each pert, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 52. The Town Council hereby 11nds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 53. The repeal or the rapes! and reenactment of any provision of the Municipal Coda o1 the Town pF Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 54. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed tv the extent only of such Irconsistency. This repealer shall not be oonstnted to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED DNCE {N FULL ON FIRST READING this 15th day of November, 1984, and a publ~ hearing sha1E be held an this Ordinance on the 8th day of pecember, 1984, at 7:30 p.m. in the Council Chambers o! the Vail Municipal Building, Vail, Colorado. TOWN OF VAIL Margaret A. Osterioss Mayor ATTEST: Holty t MtCutcheor! 7ovm Clerk Published sn The Vail Troll on November 18, t894 Public Notice ORDINANCE N0.27 Series o} 1994 AN ORDINANCE ADDFTING A NEW TOWN OF VAIL PDLICE AND FIRE EMPLOYEES' PENSIDN PLAN SUBJECT TO APPROVAL BY SIXTY-KIYE PERCENT {bSX,) OF THE TOWN'S POLICE AND FIREMEN; AND SETTFNG FORTH DETAILS IN REGARD THERETD. WHEREAS, iha Town of Vail has adopted a Police and Firemen's Pension Plan, the affective dale of which was January 1, 1983 and has adopted a first, second, third, fourth, fifth, end sixth amendment to Bald plan, the effective dates of which were September 20, t983, May 2, 1984, December 4, 1984, June 18, 1986, August 17, 1988, and August 7,1990, respectivety; end WHEREAS, the Police and Fire employees of the Tawn of Vail now wish tp adopt a new Town of Vail Police and Fire Employees' Pension Plan, es attached hereto and incorporated by reference; and WHEREAS, such new plan muss be approved by the Town Council of the Town of Vail; and WHEREAS, the new Town pi Vail Polito and Fire Employees' Pension Plan has bean approved by 85% of the police and fire employees of the Town o1 Vail. NOW, THEREFORE, BE tT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: SECTION 1. The Town of Vail Police and Fire Employees' Pension Ptan which is attached hereto and incorporated herein by reference is hereby approved by rho Town Council as has been approved by sixty-five percent (65%) of the police and Fire employees of the Town o! Vaii. SECTION 2. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the valEdlly of iha remaining portions of this Ordinance; and the Town Council hereby declares h would have passed this Ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any ono Or mare parts, sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 3. Tha Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and fhe inhabitants thereof. SECTION A. The repeal or the repeal and reenactment of any provision o1 iha Municipal Coda pi rho Town of Vail as provided in this Ordinance shall not affect any right which has accrued. any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of tiro prevision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly 'slated herein. SECTION 5. Ali bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith era repealed to the extent only of such inconsistency. This repealer shell not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST REAPING this 15th day of November, a ti Q ~-. _ N ~hh (~ ~ ~II~¢r~ ~-~~~ cc~ac -C ~ ~ ~ ~ ~ ~ ~ ~ N a G v-`cif" ~ ~ ~ ~ ~ ~ ~ t17 ~} q 6 ~ q P c~f~ O ~ ~ ~ ~ -G~,, ~' O C3 ~ O t3 ~ N ~ ~~ ~ m a ~ ~ U ~ fl? ca ~ O ~Z5 ~ ~ ~ ~ ~ O ~ j t3 ~ ~ ~ ~ ~ D ~ ~ ~ ~ Q ~ ~ U ~ ~ ~ ~ ~ ~ ~ t3` ~` ~ ~ ~ ° ~ o ~ D a~ ~ ~ ~~~~~~a~~~~~~ a} m = C5 ~ 4? ~ d. ~- r~ t~ 3 ~. ~ G ° a cu w a~ Q, ~- ~ ~ ~ ~ v t3 ~ -6 ~ -Q av ~.~ o ~ O Q' ~ a ~ cv ~~ .~ ~ ~ 9~ 4 w, p ~ ~.~~~~ ~ o~~~~ ~~ ~~ ~" ~ Y J~ ~ ~ ~- ~ C1 6Cs- ~ ~ ~ N ~ O O ~ 44 N ~~~ ~~-~ ~~ ~ C-~33 ~ ~ ~ 4 ~ y ~ ~Q ~ ~ ~ ~ ~ ~ 7 r o p , 1 r U ~{1 a- tj7 r +'~- C t? C5. ~ t ~ ~ ~~ m~ ~' Q~ ~~ ~~ n -~ o r~ o ~~ a~ o ~ ~, Q ~ ai p IU G al wonaenut ernes anc retie your primary/secon- 3. Taps paid; can be 40,000. Caldwell Banker 6-2] 13, FOR QUICK SALE! 8D sek frontage, close In fie provemenis on properly, Dugan/Broker. 303-476- 'S-8955, IRKING RANCH with ex- rights, Presently includes $ t..o",,,aa. Close t0 Vgll, ak and Eagle County ort. Call far details, Black Ile, 303-328-2327, LL ESTATE CHANGES 'I, Luxurious 2 bedroom undo. All amenities incl. D shopping, restaurants, uiser included, Exchange I Village- property for 2-6 larch, 1945, Jlm Plaxton, ~r fax: 809"494,4187, 3UNTRY CLUB & Resort In spa Valley, Callfornla, country. Spacious, luxury undo, full kitchen, 2 N'S, ties patios, fireplace, 2 COMMERCIAL SPACE THE CENTER OF A ALL -Wolcott Vilkage is coming. A high quality mixed corm martial use development. Oppor- tunities include office, retail, service and restaurant. For leasing information call Jeff Nicholls (303}A76-4296 for detalb. VAIL BANK CENTER on Avon road, Avon. New building available January 1995. Now leasing office space up to 5000 sq.ft, Call Dave Cole, Remax Vail, Inc, 303-476460. EMERALD ACRES BUSINESS PARK, Eagle-Vall's newest arld mast affor- dable office buildings now available for lease. Two main level spaces im- mediately avallablefrom less than S20/ per sq,ff. Build to suit available up to 650D/sq,ff at less than S15/per sq.ff. Call 949-5380 for further Information and showings. EAGLE RIVER BUSINESS CENTER, affnr- dable space in Eagle-VaiE. Office space #rom 25D sq.ft, to 4,000 sq.ft. Ground level suite available. Call 949- 5380 for further Information and sITOWIngS. - OFFICE SPACE available In retail Vall Village location, 2 offices, reception/ conference room, parking, S650 per men#h per office. Call925-5043, LAKECR{CiC V I L L A G E T H. E Apartment Community ou'll Love Calling c~om~/ on the banks of the eagle River in Edwards, you'll ght, spacious apartmerns with picture windows on fee for breath-taking views every season of the year. 'th only 8 apartments in each two-scary building, reek Village is the quiet, uncrowded apartment roily you'll love calking home. of icy apartment ~lg for year-round dents. JV1,2and3 ~rOOm UnftS. 'ages available. minutes from ie Vaii /Avon. use, no pets. tied off Hwy. 6 at Nillcrest Drive, one mile west of the Edwards and 1-70 exit. .oresnformation please calk the Leasing Office at 5-4550. The office is open Monday thru Friday from 8:00-5:30 and Saturday from 10:00-4:00. Lake CreekAffordable Housing Corporation and Corum Real Estate Group, Inc. 4 7D86. ALCONOLICS..ANONYMOUS, Meetings In the basement of file Vail Interfaith Chapel, M/W/F at 12:3Dp.m, and T/W/ T/F at 8:DOp.m. For weekend and ocher area meetings, call 476572. IF YOU ARE A RELATIVE or friend of an alcoholic, AI-Artion can help, Meetings Mondays, Beaver Creek Chapel 7pm newcomers, 7:30pm regular „,d~ling, Vail Interfaith Chapel, 6:30p,m, Frkfay, Babysitting avallatale. 949-6365, 924- 2172,949.4611. OVEREATERS ANONYMOUS -Vail Inter- faith Chapel, Wednesdays 5:30pm; Eagle Fairgrounds extension building, 6:30pm Thursdays; Sundays 8:30am Vail Municipal Building. 47b-D713, 524-9393. CANCER SUPPORT GROUP , ..vvl~ every 2nd 8c 4th Wednesday from 1D:D0 a.m.- Noon. Visifiors welcome. For more in- formation call Jerry Jacobs 476600, Karen Josephson 476.4432. NARCOTICS ANONYMOUS -Meetings every Tuesday 8pm at the Beaver Creek Chapel, and Frklay 7pm at Mlrr turn Munlcipaf Building. For more Inigr- mation call Jay 1-453-4421 or Dave 476-29D2. MAKE A DIFFERENCE in a child's Ilfe, Be a senior buddy. Call Ellen, 949-7086. HEALTH & NUTRITION NUTRITIONAL SUPPLEMENTS used by the EJ,S.Olymplc Skl Teo m. Ecology safe cleaning products, natural skin care. Shaklee, of course. 949-1771. Public Notice ORDINANCE N0.24 Series of 1994 AN AMENDMENT TO SECTION 3.40.020, ADDING THE DEFINITION FOR "TELECOMMUNICATiON5 SERVICE" Codas of this ordinance are available for public inspection in the office of the Town Clerk during normal business hours. INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED BY TITLE ONLY this 6th day of December, 1994. TOWN OF VAIL Margaret A. Osterfoss Maycr ATTEST: Holly L. McCutcheon Town Clerk Published in The Vail Trail on December 9, 1994 Public Notice ORDNANCE N0.26 Serfesof 1994 AN ORDINANCE GRANTING A CABLE TELEVISION FRANCHISE TO CABLEVISION VI, INC. D1B1A TCI CABLEVISION OF THE ROCKIES, 1NC. TO CONSTRUCT, RECONSTRUCT,OAERATE,AND MAINTAIN A CABLE COMMUN[CATIONS SYSTEM WITHIN THE TOWN OF VAIL PURSUANT TO AND SUBJECT TO THE PROVISIONS OF ORDINANCE HO. 25, SERIES OF 1994. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL FOR VAIL, COLORADO: SECTION 1. Pursuans to Ortlinanca No. 25, Series of 1994, the franchise agreement between the Town of Vail, Colorado and Cablavision VI, Inc. d!b!a TCI Cablavision of the Rockies, Inc., attached hereto as Exhibit A, and made a part hereoi by reference, is hereby authorized and approved, and the Town Manager is hereby authorized and directed to execute said franchise agreement on behalf of the Town. SECTION 2. If any part, section, subsection, sentence, Clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Tovm of Vail and the inhabitants thereof. SECTION 4. Tho repeal or the repeal and reenactment of any provision of the Municipa4 Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation [hat occurred prior to the effective date hereoi, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly staled herein. SECTION 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. Th15 repealer shall not be construed 1o revise any bylaw, order, resoNtion, or ordinance, or part thereof, tharetotore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 15th day of November, 1994, and a public hearing shall be held on this Ordinance on the 6th day Df December, 1994, al 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. TOWN OF VAIL Margaret A. Ostedoss Mayor ATTEST: Holly L. McCulcheron Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED ONCE IN FULL IhiS 6th day of December, 1994, TOWN OF VAfL Margaret A. Ostarioss Mayor ATTEST: Noily L. McCu[cheon Town Clerk E)(HIBIT A The Franchise Agreement was distributed to Council on November B, 1994. Published in The Vail Trail on December 9, 1994 Public Notice ORDINANCE NO, 25 Series of 1994 TOWN OF VA1L CABLE TELEVl5fON FRANCHISE ORDINANCE 1. This chapter shall be known as the Cable Communications Ordinance. 2. PURPOSE The purpcses of this ordinance are: a. Provide for the franchising antl regulation of cable television within the Town ei Vail. b. Provide for a cable communications system that wll meet the current needs of the Town and that can ba improved and upgraded to meelluture needs. c. Provide for the payment of fees and other valuable consideration to the Town for the use of the public ways and far the privilege to construct and operate cable CommunicaNOns systems. d. Provide for iho regulation by Sha Town of certain rates to be charged io 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. Provides remedies and prescribe by penalties for violation of this ordinance and any franchise granted hereunder. 3. APPLICABILITY 'This ordinance is applicable to any application for a cable franchise or franchise renewal ailed on or aker the effective date of this ordinance and to any such franchise or renewal granted Ihereafler. 4, DEFINITIONS For the purpose of this ordinance the following terms, phrases, words and the derivations shall have the meanings given herein. When not inCOnsistenl with the context, words used item the present tense include the luture, words in the plural number Include the singular and words in Iha 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' shalt 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 en[itletl to make use of an access channel consistent with She intended purpose of the Channel. 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 Iha initial proposal plus a!i related subsequent amendments end correspondence with the Town. d. "$asic cable service' means any service tier which includes Iha retransmission of local broadcast television signals, or as the term maybe redefined by Title 17 of the United States Code and Federal Communications Commission Regulations. e. "Gable service" 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. 1. "Cable communications system' or system shall mean anon-broadcast facility consisting of a set of transmission paths and associated signet generation, and reception antl comrol equipment, under Common pwner5hip and COntr01, that distributes or i5 designed to distribute to public subscribers cable televisien services, institutional services, or other communications services, but such [eons shall not include: 1)'A facility or combination of facihtias that serves only to retransmit the television signals of one or more television broadcast signals; 2} A facility or combination of facilities that carves onto subscribers in one nr more muNinla unit for operating its alectnc ulUity sys g. °TOWn" is the Town of Vail h. "Channel" shall mean si (Mhz) frequency band which is ca either one standard video signal, a digital or other non-video si combination of such signals and six (6} Mhz wide. i. 'Connection" shall mean f~ She drop to the radio or lelevis communication device of the subs j.'Conveder" shall mean an device which converts transmit frequency which permits the ~ ordinary television receiver. k. "Council' ar "Town Count governing body of the Fown of Va L'Drop" shall mean the cab6 subscnber's terminal to the Wean the cabEe communications system m. 'Easement" shall mean public righls•of•way including easements. n.'Feeder line' shall mean tY optic cable running (rpm Ihn U extenders and laps for Ih inlerconneclion to individual suhscr o. 'FCC' shall mean Communications Commission. p. "Franchise° shall mean IY right antl authority to construct operate a cable communications use of the public streets, dedlcati~ easements, or other public righl- places in Iha Town pursuant I agreement executed by the Town ~~ q. 'Franchisee" or "Grants entity authorized to construct, or a cable communications system pursuan! to this chapter inclw successor, transferee, or assigns Grantee. r. 'Franchise agreement' mr gran! ordinance or a contract containing the specific provisions granted, including references, requirements and other related ma s. "Franchise fee' mean assessment of any kind imposed authority on a grantee as comp grantee's use of the public rights-c "franchise fee' does not include: (1} Any lax, tea or assessr applicability (including any sup assessment imposed on both ut operators or their services, but no lea or assessment which is undu against cable operators or cable su (2} Capital costs which are franchise to be incurred by gra educational, or governmental acca: {3) Raquiremenls or charges awarding or enforcing of the fret payments for bonds, security f credit, insurance, indemnificatfo Ipuidaled damages; or {4) Any toe imposed under Stales Code. t. 'Gross revenues' means tt receipts received hS' a grantee i•n operations of the Cable 7elevisiq Iha Town utilizing the public scree way for which a franchise Is regr deliver such cable Service, axCEu deposits, rebates or credits, exceF excise or other taxes or charges a paSSdhrough to local, Stat government, other than the (ranch be included. U. 'InSIdIIaliOn' means the a~ the system from the {seder subscriber s receiver so that the the subscriber's terminal or receive v. 'fnstilutional services' she Iwo way non•entertainmenl transt for businesses, public agencies institutions. Such services inclu limited to, video transmission anc communications. w. 'Leased channel' ar ' channel' shall mean any chant channel, available for commerci. basis by parsons or entllias Franchisee. x. °Monitoring' shall mea communications signal carne communications system, or the at signet, by any person without rep, Such abservalicn is by visual or el Monitoring shall cot include system the Cable Communications system verifying She integrity of the syslen return path o1 the transmissions. y. 'Pay Television' shall ms over the system of per channel aui to subscribers fora 4ee or charge i charge for basic service. z. 'Parson' shalt mean an partnership, association, corporati organization of any kind. aa. "Public, educational of access facilities' or "P€G access the total of the following: (1) Channel capacity d noncommercial public, educations use; and {2} Facilities and equipmen such channel capacity. bb. 'Service area' or'Franch the entire geogrephicaf area within now constituted or may in cvnslituled, unless otherwise s franchise or permit. cc. "Service liar' shall mean cable subscriber services which an as, and only as, a group fo subscribers at a specific rate for 1h dd. 'Street' of "public way" surface and the space below and street, road, highway, path, siden or easement now or hereafter belt the purpose of public travel or pt shall include public easements or ri ee.'Subscriber shall mean a television service ar other services cabEe communications system. dd.'USer' shall mean a party communications Systems facility it production or transmission i inforrnalion to subscribers. 5. REQUIREMENT OF A FR II shall be unlawful to co maintain, or operate a cable c system nr Wart of a rahla cnmmw Fla arrdfhe Fdwardr exit fDWARAS, COLORADO a y ., ... carved and all nvn•television services to be provided initially. Where service will be offered by tiers, itlentNy the signals or services, or both, to be included on each tier. g. The proposed rates to 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 contaired in this chapter. i. A demonstration stating how the propose! is reasonable to meet the future cable related community needs and interests. In particular, [he application should describe how the proposal will sans#y the needs as analyzed in any recent community needs assessment commissioned by the Town. j. A demonstration how the proposal was designed 1o 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 snail be explained iri notes or supporting schedules set accompanying the projections. I. A complete list of all cable communications systems in which the Applicant or a principle lhereol 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 [he 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 Town for a cable communications tranchlse sfiall forewith, a1 all times, disclose to the Town, in writing, She names, addresses, and occupations ai all persons who are authorized to represent or act on behaH of the Applicant in those matters pertaining to the application. The requirement to makr such disclosure shall continue until the Town shall have rejected an Applicant's application or until an Applicant withdraws its appliplion. 13. CONSIDERATION OF APPLICATIONS a. The Town shall consider each application for a franchise with the applications found to be acceptable for tiling 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, [he Applicant's past service record in other communities, the nature of the proposed facilities and services, including roles to be charged therefor, and whether the proposal is adequate to meat the suture cable related community needs and interests ot~lhe citizens of the Town. Where the application is for a renewed franchise, the Town shall oohsider whether: 1) The cable operator has substantially complied with Iha materiartetms of the existing franchise and with applicable law, 2) The quality of the operator's service, including signal quality, response to consumer complaints, end lRllsng practices, but without regard to [he mix quality, pr level of cable services ar other services provided over the system, has been reasonable in tight of community needs; 3) The operator has the financial, legal and technical ablllly to provide the services, facilities and equipment as ref forth in the operator's proposal; and b. Where the Town determines that an Applicant's proposal, including the proposed servloe area, would serve the public interest, and may grant a franchise to the Applicant. The franchise agreement will constitute a contract, Neely entered into, between the Tawn and the Grantee. Said irandrise agreement shall incorporate by reference fhe relevant provisions of this chapter. Any such tranchlse must be approved by ordinance of the Town Council pursuant to the ordinances of the Town and the Charter of the Town. c. In the course of considering an application for renewed Franchise, the Council shaft hold a public hearing, consistent with the provisions o147 V.S.C., Section 626 as existing or as may from time to time be emended. d. A iranchiso granted pursuant to this chapter ahallhot take effect until the Applicant payee grant tee 1o the Town. The grant fee shall ho equal to the Town's reasonable direct costs in the lranchisSng process, less the application filing lea received. The Town shall provide the Grantee a statement summarizing such costs prior to the execution of the franchise. 14. 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 (30y days akar the granting of the #ranchise by the Town. In its acceptance, the Grantee shall declare that it has carefully read the terms and conditions of this ordinance and the franchise and accepts allot the terms and conditions of this ordinance and [he ~~©~© BUYERS SHOP BY PHONE RETAIL • .LEASE • FLEET CAt.t_: Scott Cameron 1.soo.z74.asss BUY DIRECT AT PROFESSIONAL SALES CENTER FREE DELIVERY AVAILABLE Special Professional Dept of Fisher Honda Enc. ~ F~MMASTFR ~I .v. .. .. .. ... .. 15. FRANCHISE PERM The term of a franchise shall bo as specified in the franchise agreement, nut ii shall not exceed {iiteen (15} years. If a Franchisee seeks authority to operate a cable system in the Tawn beyond the term of fls franchise, it shall file an application for a renewed franchise not Safer than thing {30) months prior to the expiration of its franchise. ' 16. FRANCHISE FEE a. The Franchisee in consideration of the privilege granted under a franchise for the use of the public ways and the privilege to construct and operate a came communications system, shall pay to the Town up to five (5) percent of its annual gross revenues or, if more than live percent (5%} is permitted by law, the amount provided In the franchise agreement for She term of the franchise. b. A Franchisee shag file wish the Town, thirty (30) days after the las4 day of each quarter, a financial slalemeni showing the gross revenues received by the Franchisee during the preceding quarter. A Franchisee shall pay the quarterly ppnion of the franchise tee 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 She system and an itemization of all permissible deductions therefrom to arrive as gross revenues. The Franchisee shall also submit to the Town vn or before the 30th day following the end of each calendar year and following the expiration or termination of this franchise a written statement, -= ~ WINDOW -~ CLEANING ~ SPECIALS Call for free estimate Professlortal Services s4s•~ i~z Advertise your business in this service directory for as little as $4.00 per week. Gall Bob or Linda at 949-4004 for more details. ALTERATIONS Alterations & Custom Made Clothes by t.isa. Make sure your wardrobe is up to date. Call 476- 3071 evenings. AUTO BUYING SERVICE Auto Office Ina New cars/trucks, all makes and models. Save lime and money. Cali 303-926-7283 CARPET CLEANING Mint Condition -Fine fabric cleaning specialist. Free estimates. We clean and protect to keep your home in mint condition. 827586. ServiceMaster- Professional and Reliable. Caret, upholstery, drapes and windows, 24 hour disaster restoration and janitorial services. We specialize 'in your satisfaction. Free estimates. Gall 949-5675. CROCHETED BASKETS N` RUGS Crocheted basket and rugs. Direct sale or on consignment. Corltact Carole at 303-595-8292 f~~.ff~L~~~f-~ We pay cash tar lottery winnings, structured settlements, annuities, deeds of trust and mortages. American-Notes and Annuities. Call 1-8008 CASH 1. FLOORS & WINDOWS revenues. The Town shall have the right on thirty (30) days notice to the Franchisee io demand that the annual statement be certified to be true and correct and in compliance with the requirements of this ordinance by both the Franchisee and an independent certified public accountant in accordance with sound and accepted accounting practice. The statements referred to in this subsection shall be in such form and style and contain such details and intormation as the Town shall reasonably designate. Tha acceptance by the Town of payments or reports thereof shall be without prejudice and shall riot 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 retards, as hereinafter set forth. c. Upon live {5J days prior written notice to the Franchisee, She Town shall have the right 1o cause a complete audit to ba 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 (3%} percent or more, then the Franchisee shall pay the Town the Cost of such audit, any deficiency payment rheum by such audit to be due and interest thereon at the agreed rata. A report of the findings of the Town's accountant shall bo Winding and conclusive upon the Franchisee and the Town. d. In fhe 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 role then dtargeable P©LARlS' :~. w Parts, Sates & Service 827-930? the yearly adjustment, provided that such does not exceed ten (10) percent of monthly payments made during the yea event such payment exceeds ton (10) pet Franchisee shall be liable for interest charges for the entire amount. e. In the even[ a franchise is res otherwise terminated prior to its expiration Franchisor shall Eile with the Town, with (90) days of the dale of revocation or tan an audited financial statement showing t revenues received by Iha Franchisee stria of the previous year and shall make adjust that time for the franchise tees due up to of revocation or termination. t7.1NSURANCE, BONDS, INDEMN a. Upon the granting of a francl folbwing simuhaneousty the Filing of fhe ac of the franchise and al all limes during Ih the franchise including the time for ref facilities or management as a Trustee as for herein, the Ftanchises shaiE obtain premiums tor, and deliver to the Towr evidence of payment of premiums for odginals of the folbwing; t} A genrral comprehensive public policy or policies indemnifying, defend saving harmless the Town, its officers, commissions, agents, or employees from elk claims by any person whatsoever, inch 'costs, dalensas, altornoys tars, and arising therefrom on account vt in)ury to or a person or persons occasioned by the of of the Franchisee under the franchls~ granted, or alleged to have been so c; occurred, with a minimum liability of on Who does your hot to It's so clear ar~d creel We DO Hat Tubs... Clear ~ Cleo Pool ~ Spa Service Comb Personal Professional 5etvite 949-OSD2 GRAPHIC DESIGN MORTGAGES Graphic design and production art. Logos, creative business cards, resumes, brochures, etc. Quality art at reasonable prices. Cali Terri at 926-2457. We pay cash for deeds of tl mortgages. Call for a tree obligation quote. American N and Annulbes. Call 1-800-58 C 1 Graphic design and Creative Services. Specializing in print ready art, unique identity development for individual or business promotion. Coil Jan 926- 5618 leave message. GIFT BASKETS Goodies offers a great selection of baskets at any price range. We specialize in Colorado products. Call for brochure, leave message - (303} 47s-a3as. GLASS & MIRROR Alpine Glass & Mirror Company. Veil's oldest and largest glass shop for all your glass needs including - picture framing; shower doors, auto glass and mirrors. Call 827-5517 or 827-5518, HOT TUBS N' BILLIARDS Sales, service and rentals. The best in the west. Fox Hot Tubs. 476-9407 1031 S. Frontage Rd. Next to Mammoth Video. HOUSE CLEANING House Cleaning. Part-time, year round, weekends, evenings, paler private residences. Very reliable. Call 303-328-7257. PHOTO PROCESSIJ PCOfeS9iOnal One'hOUf pl recessing at two convel Potations. Also, daily service of slide film. Foto Fin€sh, Concert Plaza, Lionshead, 476-2331 of Mart Center, Avon, 949-4800. PHOTOGRAPHY Pro#essional photographer years in the Vail Valley specie m portrait, sEudia product s~poorts/action photography. Call ICee /Fete Finish PhotagreF (303476-0327. SNOW PLOWING Residential snow plowing great price. Special rates for Vail, Bocth Fails and Vail Vil KNB Enterprises 476.2851. STORAGE Intermountain Self Stor Sizes from 5'x4' tc 10'x24'. access to units. Very comps rates. Call 1-500-528-5947 or 486-2041 in Leativille. WALLPAPERING The wizard of wails. Cu wallpapper installation. Refers Dena O'Quinn. Call 827-9060 INSURANCE IiYINDSHIELD REPS Affordable Health Ins. For individuals & self emplo~fed. r,__r____~ _....:.,....~:,,..,,..... ..,. Nevus Windshield Red Repairs cracks up to 10" c fps up to 0.50 in size, m Excellent pr`leingl 20 years in the credited to your deductitife. Ca ADVERTISING valley. Call Hawkeye Services in at 1.800-363-7593. Avon at 845-7655. for personal injury liability ty damage insurance policy or flying, defending, and saving Town, its officers, boards, rents, and employees from and :d all claims by any person ;luding the costs, defenses, rid interest arising therefrom, for xcasioned by the operation of tiler the franchise herein granted, been so caused or occurred, with y of five hundred thousand dollars ~perty damage to rtes properly or arson and one million dollars property damage to the property Wore persons in any one {1} fence bond or bonds in savor of oil and sufficient surety approved to sum se[ forth in the franchise tditioned upon the faithful d discharge of the obligations ordinance and the franchise der from the dale hereof. The cond may be reduced as any at is required is completed, e franchise agreement. requirements set forth above shall wn completion of construction and Town as follows: ae shall give notice 101he Town at 'ranchisee has completed She aipt of notice, the Town shall have ~ receive a written fepod from an linear, provided, however, if the eive such a written report within rs the completion of construction fo have taken place, unless the >uch a report is due to unforeseen God, or events beyond the N of the Tvwn. landing anything to the contrary, condition completion of iha n receipt of a written report from engineer. The completion of the or system rebuild shall not be taken place until the independent he following: nstrudtion or improvements ~y the Franchisee have bean arwise satisfactorily reserved; try test results using the technical ble systems established by the (10) widely separated subscriber rtes independent engineer. and insurance policies called for t a form satisfactory to the Town twn may at any time, if it deems squire a Franchisee to provide io any and all bonds orto replace with new bonds for good and approved by the Town. lisea shaft, at its sole cost and tiiy and hold harmless the Town, rids, commissions, agents and >t any and all claims, suits, causes sings, and judgments for damage the operation of the cable system by Franchisee'~under the damages shall include, but noF be dries arising out of copy right rid damages arising out of any lisee to secure consent from the :ed distributors and licensees or delivered by the Franchisee's system whether or not any actor fined of is authorized, allowed, or irench'tse. Indemnified expenses not be tirniled to, all out-of•pocket as costs and attorneys foes, and ie the reasonable value of any d by the Town Attorney or his or any employees of rho Town. :bisea shall permit any policy or rid the Franchisee, not less then nor to its expiration shall deliver to irate renewal or replacement bond rrmance with the provisions of this 1 OF CREDIT i may e1 its discretion require that ain a letter of credit. When and if so require, the Franchisee shalt Town a letter of credit From a an approved by the Town in the nousand dollars ($50,000). The ay not be revoked or terminated of the franchise except with iha of the Town. The form and the otter of credit shalt be approved by ey. The fetter of credit shall be the faithful performance by the provisions of the franchise and of tmpliance with alt orders, permits, any agency, commission, board, etch, or office of [he Town having its acts or defaults under this aayment by the Franchises of any td taxes due the Town or other vhich arise by reason of the teretion or maintenancq of the of Credit, shall be maintained by a1 twenty flue thousand dot}ors the entire term of the franchise as squire, even it funds are drawn tE fo this ordinance. er of credit shall contain the merit: understood and agreed that this ay not be cancelled by the surety t not to renew be stated by the {30) days after the receipt by the ay certified math of a written notice to cancel or hat to renew.' twn's option it may draw agelnsl edit for any unpaid liquidated tine fees, or other amounts owing snchise which are thirty (3f)) days lua. The Town shaft notify the rriting at least Fen (10) days in ag upon the letter of credit. TED DAMAGES ant that the Town finds the uiolaFlDn cf any material obligation ante or iha franchise, the Town Franchisee in writing of such an and require the Franchisee to within a reasonable time. The respond in writing tortes notice of sn (10}working days from receipt salting forth ihesteps taken to .~ .. ... .........a a~....,,..~e~..... Tr,e 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 consKuction 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 sat forth herein are in addition to all other rights of the Town whether reserved by this franchise ordinance or authorized bylaw and no action, proceeding or exercise o! a right with respect to such penalty shall affect any other right the Town may have. 20. FORFEITURE AND TERMINATION a. rn 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 evens of substantial breach of its terms and conditions. A substantial breach by the Franchisee shall include, but shall not be limited tv. the 1olEOwing: 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 anydraud or deceit upon the cable communications system customers ' and subscribers or upon the Town; 3} Failure to begin pr substantially complete any system conslruClion or system extension as set fvRh in the franchise; A) 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 tan (10} eonseculive days of interrupted service 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 fo provide surety and indemnify as required by Cite franchise or this chapter. b. Tha Franchisee shall have no liability to the Town, nor sheik fhe 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 FraFtchise6 to perform, or delay by Franchisee in .the performance of, its obligations hereunder (other than to pay the tranchisa 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 Acl of God, taws, regulations, rules or orders of any governmental agency, sabotage, strikes, Lockouts or jo4 actions, failure or delay in iransportalion or the unavailability of any product or material necessary to the partormanCa hereef; 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 thsl delay in pedormance ar failure to perform affects only part of Franchisee's capacity to perform, then the Franchisee shall perform Ya the extent it Is reasonably ably 1o do so. 7h8 Franchisee agrees that the excuse far nonperformance under this Section shall last only so long 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 correCllve actions as expeditiously as passible. 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 iha franchise. H a vioration of the franchise continues for a period of thirty;30) days following such written demand without written proof that the 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 effort ba given to the Franchise at toast fiR&en (16) 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 rtes fault of the Franchisee and within the Franchisee's conlrot, the Town may, by resolution, declare that the franchise be forfeited and terminated; provided, however, the Town may in ks discretion, provide an opportunity for the Frenchisee to remedy the violation and coma into compliance with the franchise and this ordinance so as to avoid fho termination. 21.1NSOLVENCY The franchise granted hereunder may be terminated prier to its expiration if the Town Council finds that Franchises becomes insolvent, unable or unwilling to pay its debts as they become due, tiles a petition for relief under any state or federal bankruptcy, reorganization, insolvency or similar law {or any such petition is cited against the Franchises and is hat dismissed without sixty (60) days}, is adjudged as bankrupt, assigns all or a substantial part of ifs assets for the benefit of its creditors, ail or part of franchisee's facilities are sold under an instrument to secure a debt, or a receiver is appointed with respect to all dr a substantial part of the Franchisee's assets or stock. 22. REMOVAL OF CABLE COMMUNICATIONS SYSTEM In fho 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 ref{II, at its own expense, any excavation thaF 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 end approve the conditiors of the public ways, cables, wires, attachments and poles aRer removal. The liability, indemnRy and'+nsuranca as provided herein and in the Vail cable television ordinance shall continue in lull force and effect during the period of removal alto until full compliance by Franchisee with rtes terms and condit'rons of this paragraph and this ord'vrance. In fho Avonr n3 n Ennurn by Frnnnhisne to one ttme charges shall be specnied 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 tar rate increases, the Franchisee shall file a revised schedule of rates with the Town a! least ninety (90) days In advance of a proposed rate increase. Subscribers shall be nollfied of the proposed increases within ten (10} days of notice to the Town. This ailing 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 5haEl promptly submit any additipnal supporting iniomtation requested by rho Town. d. Within thirty (30) days of the rate increase filing, ihs Town shall schedule a public meeting before the Council to hear subscriber and Franchisee comment on rtes proposed increase. Following fhe 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 reasonable rate On investment over the remaining term of the franchise, and shat! not give any undue ar 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 resat[ 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 tq rtes permanent rate shall not be considered a rate increase tar the purpose oT this Chapter. The Town shall be notified of all reductions in rates whether permanent or temporary. g. Rates and charges notsubjeci to regulation by the Town under Federal law or regulation may be changed by the Franchisee following a minimum of thidy (30) days prior nonce to the Town and a minimum of ihlrty (30) days prior notice to all subscribers o! basic service. 24, REPORTS a. Annual Report No Safer than one hundred twenty (120) days after the end ai the each Franchisee's fiscal years, the Franchisee shall file a written report with the Town which shall include: 1) A summary of the previous calendar year's activities and development o! the system, including but not Eimited 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 cediiied by an officer o! rtes Franchisee including a statement of income, a balance sheet, and a statement of sources and applications of funds. The statement shall include notes that specify all significant accounting policies and practices upon which it is based, including, but not limited to, depreciation roles and methodology, overhead and interest system cost allocation methods, and basis for interest expense. A summary shall be provided comparing the current year with the Fhree 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 Tuturs. 5} An annual report o11he company. 6) A current annual statement of cost of construction by component category. 7) An ownership report, indicating all parsons, who at any time during the preceding year directly controlled or benefited from an interest in iha €ranchise of five (5) percent or more of the Grantee. 8) 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 shal4 prepare and furnish to the Town at fhe times and in the form prescribed, such addiional reports with respect fo its operation, as may be reasonably necessary and appropriate to the performance of any of the rights, functions or duties of the Town in connecticn with this ordinance or the french"see agreement. 25. RECORDS REQUIRED a. Mandatary Records The Franchises shall at all times maintain: 1) A record of elf complaints received during the term of the franchise. 2) A fd0 and complete set of plans, records and'as build' maps showing fhe exact location of all cable television system equipment inslalfed or in use in Town, extrusive o! subscriber service drops. b. Inspectien by Town Upon reasonable notice to fho 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 lime aRer the request. 26. FILINGS The Franchisee shall mail or deliver a copy of all filings it makes with Slate and Federal agencies fo the Town Cleric. Sa€d copy shall be mailed or delivered on the tiling date. 27. CONSUMER PROTECTION AND SERVICE STANDARDS a. Except as otherwlsa~ provided in the franchise agreement, the Franchisee shall maintain the necessary facilNies, equipment and personnel to Comply whit the following consumer protection and service standards under normal conditions of operation: 1) Sufficient toll-free telephone line capaq'sty during normal business hours to assure that a minimum of ninety-live percent (95:k) of all calls will be answered before the fourth {4th) ring and ninety percenE {90%} of all Callers forservice will not be required to wait more then thirty (30} seconds before being connected to a service representative. 2) Emergency telephone sine capacity on a twentyfour (24) hour basis, including weekends and holidays. 3) A local business and service office open during normal business hours at least eight (8} hours daily, and at least four (4} hours weekly on evenings ar weekends, and adequately staNed to accept subscrber payments and respond to service requests and complaints. 4) An emergency system maintenance and repair stall, capable of responding to and repairing major system malfunction on a twenty-four (24) hnsv nAr dAV tlaala_ possible, shall be preceded by notice and sna I occur during a period of minimum use of fhe cable system, preferably between midnight and six A. M. (fi:00 A.M.). 0} The Franchisee shall maintain a repair force of technicians normally capable of responding to subscriber sequesls for service within the following time frames: a. For a system outage: Within twc (2) hours, including weekends, of receiving subscriber calls or requests for service which by number identity a system outage of sound or picture of one {1} or more channels, aNecling at least ten percent {10%) of the subscribers of the system. b. For an isolated outage: Within Twenty-four (24} hours, including weekends, of receiving requests tar service identifying an isolated outage of sound or picture for one (1) or more channels that affects three {3) or more subscribers. On weekends, an outage affecting fewer than three (3) subscribers shall result in a service call no later than the following Monday morning. a For interior signal quality: Within forty-eight (48) hours, including weekends, of receiving a request for service identifying 9) The Franchisee shall be deemed fo have responded to a request for service under the provisions of this Section when a technician arrives at the service location and begins work vn the problem. In the case of a subscriber not being home when the technician arrives, 1ha technician shall leave written notification of arrival. Three (3} successive subscriber failures tv be present at an appointed time shall excuse Grantee of rtes duty to respond. 10) The Francfiisse shall no[ charge for the repair ar replacement of defective equipment provded by tits Franchisee to subscribers. t1} Unless excused, [he Franchisee shall determine the nature of the problem within forty- eight (46) hours of beginning work and resolve al! cable system related problems within five (5) business days unless technica4ly infeasible. 12) Upon request, the Franchisee shall provide appropriate rebates to subscribers whose service has been interrupted for four {4} or more hours. 13} Upon five {5) days notice, the Franchisee shall establish its compliance with any or an of the standards required above. The Franchisee shall provide sufficient documentation to permit the Town to verify the compliance. 14) R repeated and verifiable pattern of non- compliancewith the consumer protection standards of i. througft 13. above, after the Franchisee's receipt of due notice and an opportunity to cure, maybe deemed a material breach of the franchise. 15) The Franchises shall establish written procedures for receiving, acting upon and resolving subscriber complaints without interventien by the Town. The written procedures shall prescribe the manner in which a subscriber may submit a Complaint either orally or in writing specifying the subscriber's grcunds For dissalisiactlon. The Franchisee shalt hie a copy of Ihess procedures with the Town. 16) The Town shall have the right to review the Franchisee's response to subscriber complaints in order to determine iha franchisee's compliance with the franchise requirements, subject to iha subscriber's right to privacy. 17) It shall ba the right of all subscribers to continue receiving service insofar as their financial and other obligations to the Franchisee are honored. Sri the event that rtes Franchisee elects to rebuild, modify, or sell the system, or the Town gives notice of intent to terminate or not to renew the franchise, the Franchisee shell act so as to ensure that all subscribers receive service so long as the franrhise remains in force. 1 B) In the event of a change of control of the Franchisee, or in the oven[ a new operator acquires the system, the original Franchisee shall cooperate with the Town, andlos the new Franchisee or operator in maintaining continuity of service to all subscribers. During such period, the Franchisee shall be entitled to the revenues for any period during which it operates the system. 19) All officers, agents or employees of rho Franchisee or its contractors or subcontractors who, in the normal course of work come info Contact with members OF [rte public Or whe require entry onto subscriber's premises shall carry a photo•identiiiCation Card in a form approved by the Town. The Franchisee Shall account for aft identification cards at all times. Every vehicle o1 the Franchisee ar its major subcontractors shall be clearly idenlHied as working for the franchise. 20) Upon request of the Town, but not more ihanance annually, the Franchlsea shall conduct a subscriber satisfaction survey pertaining to the quality of service, which may be transmitted to subscribers in the Franchisee's invoice for cable services. The results of such survey shall be provided Eo the Town on a timely basis. The cast o! such survey shark be borne by the Franchisee. 21) Additional service standards and standards governing Consumer protection and response by lire Franahisea 1o subscriber oomplainls not otherwise provided for in this Chapter maybe eslablishad in the franchise agreement, and iha Franchisee shall comply with such standards in the operations of the cable television system. A verified and continuing pattern of noncompliance may be deemed a material breach of the franchise, provided that the Franchisee shat! receive duo process, including written notification and an opj>orluniry to cure, prior to any sanction being frttposed. 22) Each yearthroughou! the term o1 [he franchise, it requested by the Town, the Town and the Franchisee shall meet publicly tv roview system performance and quality of service. The various reports required pursuant to this Chapter, the results of technical pedormance tests, the record of subscriber complaints and the Franchisee's response to complaints, and the iniormalion aoaluirstl in any subscriber Surveys, shall be utillzad as the basis for review. rn addition, any subscdber may submit comments or complaints during the review meetings, either pretty or in writing, and these shall be considered. Within thirty (30) days abet conclusion of system performance review meeting, the Tawn may issue findings with respect to 1ha cable system's franchise compliance and quality of service. It Ehe Town determines that iha f=ranchisee is not in compliance with the requirements of this Chapter or iha lrarschise, iha Town may direct the Franchlsea to correct Fhe areas of noncompliance within a reasonable period of time. Failure of the Franchisee, after due notice, to correct iha areas of noncompliance within iha period specified therefor er 1o commence compliance thereafter, shall be considered a material breach of the franchise, and the Town may exercise any remedy within the seeps of this Chapter and the franchise agreement considered AnnrnnriAlA. channels ro the extent regwrrad oy c. A Franchisee shall Arc directly or through grants tot production by all cable users for ii presentation aver the cable talc accordance with the provisions agreement. The Franchisee she' over the content of access prop access channel shall be made member of the public on a first c nondiscriminatory basis. The Franchisee shall provitl within the franchise area one d basic subscriber cable television s station, public school, Attica start municipal building and ocher such public purposes. As provided agreement, the Franchisoo sl cablecasting capability to de buildings. 30. LOCK OUT DEVICE The Franchisee shall provide upon request, a lockout davit subscriber. Such device steel restricting iha reception of any ~ both the video and audio i programming carried on that cha device should be made available requesting it and She charge and device steal! be made a part of [ne 31. PROTECTION OF PRIVACY Franchisee shall protect Ehi consistent with the provision of 4 amended. 32. CONSTRUCTION AND WORK a. The Town shall have the obligation to inspect all construclic work performed by the Frenchis~ Chapter as it shall find hate compliance with the governing or franchise. b. All construction, in maintenance must comply with all including an uni}orm codes adof and all state and Iccal regulalia accepted industry practices. 33. LOCATION OF STRU( AND EQUIPMENT a. The Franchisee shall uliiizs and other facilities whenever pose construct or install any new, diffe conduits Or other iacllities wh property or on privately owns approval of the properly owns governmental authority is obtain location and installation of any facility by a Franchisee shalt not interest, and such structures, or removed, replaced, or modified b its own expense whenever the governmental authority determin interest so necessitates. b. All transm}ssicn and disiri' lines and equipment installed b' within the Town shall ba locale{ minimum interference with ih! streets, alleys and other public and to cause minimum fnlerferen or reasonable convonlence of prq adjoin any of the streets, allay ways or places and where they with any gas, electric, felephon~ preexisting utility facility. c. All such fixtures In any str shall be placed in full accordance s set forth in the Municipal Code of d Cable shall be installed Franchisee's expense. Previous cable shall be placed untlergrour other utilities when both She feleph utilities convert from serial construction. Franvhlsea stet underground in newly platted are both the telephone and electric u requiremenl.ls walued by iha T shall not be stored on Town righ6 A premnslruction coniarencE owners will be Comploted prior to underground construction, and assist and cooperate in sucf necessary. All soil, earth, sod disturbed by the installation shat restored to their original condii highways, roads arxt driveways w accordance with the spacllicaHon and subject to inspection and of County or State engineers, as apt 35. REPLACEMENT OF PA The Franchlsea at its own c and in a manner approved by replace and restore all paving, ski or surface o1 any street or ells disturbed, In es good a condition i was commenced and shall main[ in an Improved condition for a year. Failure of the franchlsr restore such paving, sidewalk, d surface within forty eight ( completion of work effort eulhc cause iha proper restoration tc Franchisee's expense. 36. ALTERATION OF STR If the Town shall lawfully t change the grade of any scree public way, rtes Franchisee, upon by rtes Town, shall, In a tin requested by the Town, remove poles, wires, cables, undergrot other facltilies al its own expenc are campenseled, Franchisee s the same compensation. 37. TRIMMING TREES A franchisee shall have Ih frees upon an overhanging c sldewaiks, and public places of prevent the branches of such ti Into contact with wires and c teievislon conductors and Franchlsea. Tlta Town may rapt bs done under Ets supervlslon er the expense of the Frenchisee. 38. TEMPORARY MOVE A Franchlsea shall on the person holding a valid boast temporarily raise or bwer Its v permit the maving of bultdin{ projects. iha expense of such to kavredng of wires shall bs paid by iha request, and the Francftist authority to require such paymer Frenchisee shall be given not le (48) hours advance notice to 7Ammnarv wire nhnnnac 3lU1rItlU IV Illtl JUU is after the installation of t termination of service by 3tVfn Of SLC11 CarlVerter ce tar reasonable wear and y outstanding balance due r occurs first. if and when acts deposits from its y interest on any deposit bar at the agreed rate in minus two (2) percentage a may elect to pay such of credits to subscriber this Section shall be a Franchisee of any have under separately x agreements wiEh its Franchisee's liability for maybe imposed under the ration or breach of any Franchisee's liability for Ise of its failure [o provide posit or charge was made. rquirements shall apply 30 o charge for disconnection :rvice or outlet. All cable font shall be removed within r a subscriber's property request, such time not to I from the date of request. ae for adding or deleting tars request. r tails to pay a properly due a, or any other properly due chisee may disconnect the ovided, however, that such be effeCted.until thirty (30) 3 of the monthly subscriber I include a minimum tive (5) ha subscriber of the intent connection, upon payment or charges, including Fhe connection charge, the !ly reinstate the service. :A ail offer full cable television !e Town unless specifically lesser area. A franchise with this Ordinance shall 1 units within the franchise 'ice onlhe samelerms and however, multiple femlly artments, or ooridominlums aster-bill basis; and further, els, hvspitais, and similar is may be offered on terms InF from single residence ant that subsequent to the hiss the Town annexes ~ranchisea shall extend Its :es into the annexed area e of a request by 1he.TOwn able time shall not CB less OF SERVICE lise6 rebuilds, modHies, or ensure that aft subscribers derupted servWe regardless entitled to revenuos from able system, a Franchisee rity of service during any the iranChise, including but ing circumstances: e franchise. to franchtsa. cable system to the Town 4L OPERATION .chisee continues to operate sitional _period, the Town the expansion, revocation, f the franchise, it shall be Conditions, and obligations xere in full force and e#fect. tree shalfcooperete with the Isequent Franchisee in 'ring service responsibtliry. REEVALUATION AND ~f cable communications is nytechnological, regulatory, gal, competitive, and other x:ur durtng a franchise term, needed in order to achieve 9ern and efficteni cable ~ that adequately serves the ~e Town with cooperative imchlsee, shall periodically i operation and negotiate ranges. teevaluase the Franchisee's t service three (3) years e of the franchise and every salter for the life of the aee shall cooperate with the i and provide information as ie evaluation. bl'ic release of a reevaluation re Franchisee shall moat to on and possible means of ne public. At that time, the my changes in the franchise or desirable. Upon request see shalt, no earlier than to later the thirty (30} days ralualion sesson, conduct a :ribers. Each questionnaire constructed in good faith so urements of subscribers tction for: :flared by Fmnchlsee at the luc[ed. generally available to cable tut not offered by Franchisee }5 conducted. and subscriber complaint riew and evaluation session, in writing what steps It may the findings of the survey. ;he Franchisee may meat at ss and negotiate possible fire pursuant to an agenda ry both parties. Such special to provide a mechanism #or near necessitated by major communications, such as Lion, new or revised state or an extraordinary c ange in 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 IS any court at competent jurisdiction, the FCG 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 [o renegotiate any franchise entered into prior to any such rule, decision or other action. For the purpose of this section, `Commencement of System Construction` shad mean the first day that physical construction, including but no limited to, fhe placing of cable on poles or underground, actuary begins. 46. FRANCHISE RENEWAL Franchise renewals shall be in accordance with applicable law. The Town and the Franchisee, by mutual consent, may enter into renewal negotiations at any time during the term of the franchise. Upon mutual execution of a franchise renewal agreement, the Franchisee shall reimburse the Town for costs incidental to the franchise renewal award, nor to exceed any maximum specified in the agreement. Any such reimbursement shall not be Charged against any franchise fee due to the Town during the term of the franchise. 47. FRANCHISE NON-TRANSFERABLE a. The Franchisee shall not sell, transfer, tease, assign, sublet or dispose of, in whole or in part, either by iotced or involuntary sale, or by ordinary sale, contract, consclidation or otherwise, the franchise or any of the rights or privileges therein granted, without the prior consent of the Town and then only upon such terms and oondillons as may be prescribed bythe Town under applicable law, which' consent shall not be unreasonably denied or detayad. Any attempt to sell, transfer, lease, assign or othewise dispose of the #ranchise without the consent of the Town shall be null and void. The granting of a security interest in any the Franchisee assets, ar @ny mortgage or other hypothecation, shall not be considered a transfer for the purposes of this section. The lransier of the franchise from one wholly owned subsidiary of a Franchisee's parent company to another wholly owned subsidiary shall not require Town consent. b. The requirements of Subsoclion a. shall apply to any change in control of the Franchisee. Tha word "control" as used herein is not limited to major stockholders or partnership interests, but includes actual working control in whatever manner exercised. In fhe event that the Franchisee is a mrparation, prior authodzatton of the Town shall ba required where ownership or control of more than ten percent (10°k) of iha voting stock of the Franchisee is acquired by a parson or group of persons acting in concert, none of whom own or control the voting stock of the Franchisee as of the effective date of the franchise, singularly or colleclivey. c. The Franchisee shall notify Fhe Town in writing of any foreclosure or any other judicial safe of all or a substantia€ paR of the franchise prdpeny of the Franchisee or upon the termination of any lease or interest covering all or a substantial part of said franchise property. Such notification shat! be considered by the Town as notice that a change in control of ownership of the franchise has taken place and She provisions under this Section governing the Consent of the Town to such change in control of ownership shall apply. d. For the purpose o! determining whether it shall consent to such cTlange, transfer, or acquisdion of control, the Town may inquire into the qualifications of the prospective transferee or controlling partyzand the Franchisee shall assist the Town in such inquiry. In seeking the Town's Consent to any Change of ownership or control, the Franchisee shall have the responsibility of insuring that the transferee completes an application in form and substance reasonably satisfactory to the Town, which application shall include the information required urder Section 2t.42,120 of this Ghapfer. An application shell be submitted to the Town not Pass then sixty (80) days prior to the date of transfer. The transferee shall be required to establish that it possesses the qualiiicalions and financial and technical capability to operate and maintain the system and comply with all franchise requirements for iha remainder of fhe term of the franchise. If the legal, linanc€al character, and technical qualifications of the applicant are satisfactory, the Town shall consent to the transfer of the franchise. The consent a1 the Town to such transfer shall not be unreasonably denied or delayed. e. Any financial institution having a pledge of the Franchisee or ifs assets for the advancement of money for the construction andlor operation of the franchise shall have the right to notify the Town That Et or its designee satisfactory to the Town shaft lake control of and operate the cable television system, in the event of a Franchisee default of its financial obligations. Further, said financial institution shall also submit a plan for such operation within thirty (30) days of assuming such control that will insure continued service and compliance with all franchise requirements during tho'tBrm the financial institution exercises control aver the system. The financial institution shall not exercise control over the system for a period exceeding one (1) year unless extended by the Town in its discretion and during said period of time it shall have the right to petition the Towtr to transfer fhe franchise to another Franchisee. f. Upon transfer, the Franchisee shalt reimburse the Town of the Town's reasonable processing and review expense in wrineclion with a Eran5ler at iha tranChise or of control of the franchise, up to a maximum of TwentyFive Hundred Dollars ($2,500.510) iha cost of adminisiratlve review, financial, legal and technical evaluation of The proposed transfer, consultants (including techncca€ and legal experts and aSl costs incurred by such experts), notice and publication costs and document preparation expenses. Any such reimbursement shall not be charged against any franchise Fee due to the Town during the term of the franchise. 46. MULTIPLE FRANCHISES a. The Town may grant any number of franchises subject to applicable State o,Feder~al - 3) The disadvantages that may result from cable system compeFition, such as fhe requirement tpr multiple pedestals on residents` property, and the disruption arising from numerous excavations of the rights-of-way. b. Each Franchisee awarded a franchise to serve the entire Town shall offer service to all residences in the Town, in accprdance with construction and service schedules mutually agreed upon between the Town and the Franchisee, and consistent with applicable law. c. Developers of new residanlial housing with underground utilities shall provide conduit to accommodate cables for at feast two {2) cable systems. d. la the avant of multiple Franchisees desiring to serve new residential devebpmenls in which the elevlr'Iv power and telephone utilities are underground, the following procedure shall apply with respect to access to and utilization of underground easements. 1) The developer shall be responsible for contacting and surveying all franchised cable operators to ascertain which operators desire 40 provide cable television service to that development. The developer may establish a reasonable deadline to receive cable operator responses. The final development map shall indicate the cable operators that have agreed fo servo the development. 2) It one (t) or two (2) cable operators wish to provide service, they shall be accommodated in the joint utilities trench on a nondiscriminatory shared cost basis. If fewer than two {2) operators indicate interest, the developer shatf provide conduit to accommodato two {2) sets of cable television cables and dedicate to the Town any 3nitiafiy unoccupied conduN. The developer shall be enthled to recover the costs of such initial#y unoccupied conduit in the event Fhat the Town subsequently leases or setts occupancy or use rights to any Franchisee. 3) The developer shall provide at least ten (10) working days notice of the date that utility trenches will be open to the cable operators that have agreed to serve the development. When the trenches are open, Cable operators shall Have Fwo (2) working days to begin the installation of their cables, and five (5) working days after beginning installatiam to complete installation. 4) The final development map shall not be approved until the developer submits evidence that: (i) It has notified each Franchiseo that underground miliry trenches are to be open as of an estimated date, and that each Franchisee will be allowed access to such trenches, including trenches from proposed streets to individual home sites, on specified nondiscriminatory terms and conditions; alai (ii) It has received a written notification from each Franchisee 4hat the Franchisee intends to install its facilities during the open trench period On [he specified terms and conditions, or such other terms and Conditions as are mutually agreeable to the developer and the Franchisee, or has received no reply from a Franchiseo within ten (10) days after its notification to such Franchisee, in which case the Franchisee will be deemed to have waived its opportunity to insta#I its facilities during the open trench period. 5) Sharing the joim utilities trench shall be subject to compliance with State regulatory agency and utility standards. If such compliance is not possible, the developer shall provide a separate trench for the Cable lelovision cables, with Ehe entire cost shared among the participating operators. With iha concurrence of the developer, the affected utilities and the cable operators, altemaiive installation procedures, such as the use of deeper trenches, may be utilized, subject to applicalyla law. B) Any cable operatorwishing io senre an area where the trenches have been closed shalt be responsible for its own trenching and associated costs. 7) In the event that more than ono (1) franchise Is awarded, the Town reserves the right to limit the number of drop cables per residence, or to require that the drop cable(s) be utilized only by the cable operator selected by the rosident to provide service. 8) The Town reserves the right to grant an encrpachmt;nt permit to a cable Franchisee applicant to install conduit andlor cable in anticipat{on of the granting of a franchise. Such installations shall be at the applicant's risk, with no recourse against the Town in the event the pending franchise application is naf granted. The Town may require an applicant to provide a separate trench for its conduit andlor cable, at the applicant's cost. The construction of such separate trench, if provided, shaft be coordinated with, and subject to, to iha developers overalE construction schedule. 49. RIGHTS RESERVED TO THE TOWN a. I n addition to any rights specifically reserved to the Town by this Chapter, the Town reserves to ilsell every right and power which is required to be reserved by a provision of any ordinance or under the franchise. b. The Town shall have the right io waWe any provision of the franchise, except those required by Federal or State regulation, if the Town determines (1) that it is in [he public InFerest to do so, and {2) that the enforcement of such provision will impose an undue hardship on [he Franchisee or the subscribers. To be effective, such waiver shall be evidence by a statement in writing signed by a duly authorized representative of the Town. Waiver of any provision in one (1) instance shall not be deemed a waiver of such provision subsequent 10 such instance nor be deemed a waiver of any other provision of the irarichise unless the statement so recites. c. If any area of franchise regulation by the Town is preempted~by Federal or State law or regulation, and such preemption is later eliminated or modified, she Town, at its sole option, may assume or reassume regulation to the extent permined by taw. 54. SEVERABILITY li any provision, section, subsection, sentence, clause or phrase of this Ordinance is for any reasons hold fo be unconstitutional, void or invalid orfor any reason unenforceable, the validity of the remaining poKions of this Ordinance shall not be affected thereby, it being the intent of Ehe Town Council in adopting and approving this Ordinance then no portiop hereof or provision or regulation contained herein shall become inoperative or tail by reason of any unconstitutionaEiry orinvalidity of any other portion, provision or regulation and all provisions of this Ordinance are declared to be saverabie. Si IS an„ Hoff cuntinn et,hcantinn eantrnna thereof. 53. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or Superseded unless expressly slated Herein. 54. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shaft nb[ be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed, INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 15th day of November, 1994, and a public hearing shall be held on [his Ordinance on the 6th day of December, 1984, at 7:30 p. m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. TOWN OF VAIL Margaret A. Osterfoss Mayor ATTEST: Holly L. McCutchaan Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED ONCE IN FULL this 6th day of December, 1994. TOWN OF VAIL Margaret A. Oslertoss Mayor ATTEST: Holly L. McCutcheon Town Clerk Published in The Vail Trail on December 9, 1994 Public Notice ORDINANCE N0.27 Series of 4994 AN ORDINANCE ADOPTING A NEW TOWN OF VAIL POLICE AND FIRE EMPLOYEES' PENSION PLAN SUBJECT rte APPROVAL BY 51XTY•FIVE PERCENT (6596} OF THE TOWN'S POLICE AND FIREMEN; AND SETTING FORTH DETAILS IN REGARD THERETO. Copies of this ordinance are available for public inspection in the office of fhe Town Clerk during normal business hours. INTRODUCED, READ AND APPROVED ON SECOND READING AND ORPERE=D PUBLISHED BY TITLE ONLY this 6th day of Dooember. 1994. TOWN OF VAIL Margaret A. Osterfoss Mayor ATTEST: Holly L. McCutcheon Town Clerk Published In Tha Vail Trail on December 9, 1994 Public Notice ORDINANCE N0.2a Series of 1994 AN ORDINANCE ADOPTING A NEW TOWN DF VAIL EMPLOYEES' PENSION PLAN; AND SETTING FORTH DETAILS IN REGARD THERETO. Copies of this ortllnance are available for public inspection in the office of rho Town Clark during normal business hours. INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED HY TITLE ONLY this 6tH day of December, 1994. TOWN OF VAIL Margaret A. Osterfoss Mayor ATTEST: Holly L. McCu[cheon Town Clerk Published in The Vail Trail on December 9, 1994 Public Notice ORDINANCE N0.29 Series o! 1994 AN ORDINANCE ADOPTING A NEW TRUST AGREEMENT PURSUANT TO 70WN OF VAFL POLICE AND FIRE EMPLOYEES' PENSION PLAN AND SETTING FORTH DETAILS IN REGARD THERETO, Copies of this ordinance ors available for public inspection in the office of the Town Clerk during normal business hours. ENTRODUCED, READ ANU APPROVED ON SECOND READING AND ORDERED PUBLISHED BY TITLE ONLY this 6th day of December, 1994. TOWN OF VAIL Margaret A. Osterfoss Mayor ATTEST: Holly L. McCutcheon Town Clerk Published in The Vaii Trail on December 9, 1994 Notice normatbusinesshours~ V ~ V~ V INTRODUCED, READ AND APPR SECOND READING AND O PUBLISHED BY TITLE ONLY this E December, 1994. rover Margaret A. Holly L. fJ Published in The Vall Trail an December 9, 1994 Public Notic ORDINANCE N0.31 Soriea of 1994 (REVISED) AN ORDINANCE MAKfNG SUPPLER APPROPRIATIONS FROM THE TOWN OF VAIL GENERI CAPITAL PROJECTS FUND. REAL ESTATE TRANSFER TAX t PARKING STRUCTURE FUNC HEAVY EQUIPMENT FUND, BOOTH DEBT SERVICE FUND, AND THE VAIL HDUSING FUR OF THE 1994 BUDGET AND THE Ftf+ PLAN FOR THE-TOWN OF VAiL, COLOI AND Ai1THORIZING THE EXPENDfTI SAID APPROPRIATIONS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN I THERETO. Copies of this ordinance are availabU inspection in the ofliCe of the Town CI normal business hours. INTRODUCED, READ AND APPR SECOND READING AND OI PUBLISHED BY TITLE ONLY This E December, 1994. TOWN Margaret A. Holy L. M 7 Publrshed in The Vail Trail onOeoember9, 1994 Public Notic ORDINANCE N0.32 Series of 1994 AN ORDINANCE AMENDING CHAPI OF THE MUNICIPAL CODE OF THE TC VAIL BY THE ADDFCION OF SECTION 5. PRpVFDING FpR THE ISSUANCE t AND BREAKFAST PERMITS FOR THE SERVICE OF COMPLIME ALCOHOL UNDER CERTAIN CIRCUMSTANCES; AND AMENDING 2.20, LOCAL LICENSING AUTHORITY, TO APPLICATION FEE FOR BED BREAKFAST PERMITS; TO REVISE CHARGED TO TRANSFER A IJCE AND SETTING FORTH DETAILS IN 1 THERETO. WHEREAS, the SSala Legislature h; 12.47-116.5 C.R.S. permitting a local authority to issue a Bed and RreaWast & B Permit"} 40 overnight lodging ester meeting certain requirements; and WHEREAS, the Town of Vail authorize the issuance of such permits circumstances; and WHEREAS, the fee charged [c temporary permit is not listed in the Tr and WHEREAS, the lee charged to license as allowed by the State of C incorrectly staled in the Town Code; and WHEREAS, Ihs Town Council w}sh tee to be paid for the issuance of a Breakfast Permit, to list the fee charged Temporary permit, and to correctly sir Charged l0 lrenster a license. NOW, THEREFORE, BE [T ORD, THE TOWN COUNCIL OF THE T VAIL, COLORADO: SECTION 1. Chapter 5.32 of She Municipal Ci Town of Vail is hereby amended wish the Section 5.32.044 to read as follows: 5.32A40 -BED AND BREAKFAST A. PURPOSE This Section is enacted in accoa 12.47.118.5 C.R.S. which authorizr licensing authority, al its option, to issue breakfast permit, to a parson operating breakfast establishment. B. BED AND BREAKFAST PERA The Local Licensing Authority of 4 Vail is hereby authorized to issue r breakfast permit, in lieu of a hotel and license, to a person operating a bed am establishment to offer complimentan beverages to its guests. C. CONDITIONS A bad and breakfast permit may upon appropriate approval of the Loca Authority to a person operating a bed an estebfishment subject to compliance wi following conditions: 1. A bad and breakfast permiltea ~~ overnight lodging establishment That I least one meal per day at no Charge o charge for overnight lodging and dog alcoholic beverages by the drink, not than twenty sleeping rooms offersng con alcoholic beverages for consumption t premises and only by overnight guest; not Serve alcoholic beverages by the drir not serve alcoholic beverages for mot hours in any ono day. 2. The appllcanl has tiled with Licensing Authority on farms provic Department of Revenue a completed ap abed and breakfast permll. 3. Applicant may hold more than o breakfast permit.