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HomeMy WebLinkAboutORDINANCE 12-810 ORDINANCE NO.12—81 AN ORDINANCE REPEALING CHAPTER 5.24 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK AND RE-ENACTING SAME CONCERNING CABLE TELE VISION SYSTEMS BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO: Section 1.That Section 5.24.010 of the Municipal Code of the Town of Estes Park,Colorado,is amended to read as follows: 5.24.010 Definitions.A.“Town”is the town of Estes Park,Colorado. B.“Permittee”is the person,firm,partnership, association,corporation,company,organization,government or agency thereof to whom a permit is issued hereunder. C.“Trustees”is the board of trustees of the town of Estes Park,Colorado. D.“System,”“CATV system,”“CATV,”or “Cable Television system”means any system of antennas,towers,satellite earth stations,microwave,co—axial cable,fiber optics,waveguides, other conductors,converters,equipment and facilities,designed and constructed for the purpose of producing,receiving,trans mitting,amplifying and distributing,audio,video,and electrical signals to persons who subscribe to programs and services delivered by such signals.Said definition shall not include any such facility that serves only subscribers in one or more multiple unit dwellings under common ownership,control or management,and does not use town rights—of—way. E.“Person”means any person,firm,partnership,associa tion,corporation,company or organization of any kind. Section 2.That Section 5.24.020 of the Municipal Code of the Town of Estes Park,Colorado,is amended to read as follows: 5.24.020 permit required.A.No person shall own or operate a cable television system within the town except by virtue of a permit granted by the town.No exclusive permit shall ever be granted. B.Term of permit.No permit shall be granted for a period in excess of fifteen (15)years.However,an additional option period not to exceed fifteen (15)years may be granted by the town under the terms and conditions of the permit. C.System construction and extension.Any permit granted by the town shall require that within one (1)year of the date of the granting of the permit,or such lesser period as may be provided by the permit,cable television service shall be made available to all occupied dwelling units within the town. D.Permit agreement.An applicant awarded a permit by the Trustees shall execute a permit agreement with the town in such a form as may be required by the Trustees.Said permit shall cover all matters provided for in this chapter and such other provisions as the Trustees may consider necessary or appropriate. E.Required provisions.At a minimum,the permit agreement shall contain the following provisions: 1.Required permits and authorizations.The permittee shall file and maintain all required permits and authorizations from the Federal Communications Commission and all other agencies having jurisdiction over the operation of the cable television system. 2.State of the art.Each permit shall contain a provision requiring the permittee to update its system so that its system is,within reason,as advanced as a current state of economically feasible technology will allow. 3.Local access.The permittee shall be required to provide one or more channels for local access. 4.Bond and indemnification.The permit shall require the permittee to indemnify and hold harmless the town at all times during the term of the permit and specifically agree that it will be liable for all damages and penalties for which the town may be legally required to pay as a result of the granting of the permit.Permittee shall file with the town,and at all times maintain in full force and effect,a performance bond or letter of credit guaranteeing the performance of the terms and conditions of the permit.The permit shall also require a construction bond or letter of credit to insure the construction of the system. 5.Insurance.The permittee shall be required to maintain liability insurance in the amount at least equal to that required by the State of Colorado as a minimum for liability under the Colorado Governmental Immunity Act. F.Permit fees.During the term of any permit granted pursuant to this chapter,the permittee shall pay to the Town for the use of its streets,public places and other facilities, as well as the maintenance,improvements and supervision thereof, an annual permit fee in the amount to be determined by the Trustees. This payment shall be in addition to any other tax or payment owed to the town by the penittee. G.Permit revocation.Any permit granted hereunder shall be subject to the right of the town,by resolution of its Trustees, to revoke the franchise for cause shown or in violation of any ordinance of the town or any provision of the permit agreement. Section 3.That Sections 5.24.030 through 5.24.230 of the Municipal Code of the Town of Estes Park,Colorado,are hereby repealed. Section 4.Effective Date.The Board of Trustees of the Town of Estes Park,Colorado herein finds,determines and designates that this ordinance is necessary for the immediate preservation of the public peace,health and safety,for the regulation of cable television systems affects the public peace, health and safety;and whereas,in the opinion of the Board of Trustees,an emergency exits,this Ordinance shall take effect and be in force immediately after its passage,adoption and signature of the Mayor. “Mayor / I hereby certify that the above Ordinance was introduced —2— 0 © and read at a regular meeting of the Board of Trustees on the 14th day of July 1981,and published in a newspaper of general circulation in the Town of Estes Park, Colorado,on the 17th day of July 1981,all as required by the Statutes of the State of Colorado. 6/Town Clerk —3—