HomeMy WebLinkAboutORDINANCE 12-70/
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ORDINANCE NO.12-70
AN ORDINANCE AMENDING CHAPTER ]i OF THE
MtJNICIPAL CODE OF THE TOME OF ESTES PARE,
COLORADO,RELATING.TO AUThORIZING ThE
GRANTING OF A REVOCABLE PERMIT TO OPERATE
EThIN THE TOWN OF ESTES PARK A SYSTEM FOR
RECEPTION AND DISTRIBUTION OF PICTURES AND
SOUNDS BY CABLE,SOMETIMES KNOME AS COIVIIVLIJNITY
ANTENNA TELEVISION,AND PROVIDING CONDITIONS
AND REGULATIONS IN CONNECTION ThEREWITH.
BE IT ORDAINED BY ThE BOARD OF TRUSTEES OF ThE TOME
OF ESTES PARK,COLORADO:
Section 1.That Chapter lL of the Municipal Code of
the Town of Estes Park,Colorado be and the same is hereby
amended by adding thereto the following:
iL.iL Community Antenna Television Systems.
lL.lL-l Definitions.
(1)“Town”is the Town of Estes Park,
Colorado.
(2)“Permittee11 is the person,firm,partner
ship,association,corporation,company,organization,govern
ment or agency thereof to whom a permit is issued hereunder.
(3)“Trustees”is the Board of Trustees of
the Town of Estes Park,Colorado.
(Lv)“System”,“CATV System”,“CATV”,or
“Community Antenna Television System”,means any facility
which,in whole or in part,receives directly over the air
and amplifies or otherwise modifies the signals transmitting
programs broadcast by one or more television stations and
distributes such signals by wire or cable to subscribing
-mdmbers of the public who pay for such service,including
all lines,fixtures,equipment,attachments and all appurte
nances used in the construction,operation and maintenance
thereof.
(5)“Department”is the Electric Department
of the Town of Estes Park,Colorado.
14.14-2 Permit Required.A non-exclusive permit to
install,operate and maintain a Community Antenna Television
System within all or any portion of the Town of Estes Park,
shall first be obtained from the Trustees before any person,
firm or corporation commences to operate and continues to
operate a Community Antenna Television System within the Town
and said permit shall be obtained under and pursuant to the
terms and provisions of this ordinance.It shall be unlawful
to install,operate or maintain a Community Antenna Television
System within the Town without a permit.
14.14-3 Manner In Which Cables,Appliances and
Facilities Shall Be Provided Or Allowed.It is understood,
and Permittee shall agree thereto,that in accepting the
permit provided for in this Section that all utility poles
in streets and public ways in the Town are presently owned,
maintained and controlled by the Electric Department of the
Town and the Mountain States Telephone and Telegraph Company,
sometimes called Telephone Company;that cables and other
conduits,appliances and facilities necessary to conduct the
CATV business of the Permittee shall be provided or allowed
only in the following manner:
a.The Permittee shall arrange with the
Department to use the poles of the Department in streets and
public ways for the cables and other facilities necessary to
operate its CATV system under such reasonable rules and regu
lations for the installation,repair and maintenance of such
cables and facilities as may be prescribed by the Department,
that amount contained in the Pole Use Agreement between the
permittee,the Town and the Telephone Company.The annual
rental fee shall be established by the Trustees when a permit
is issued.In those streets and public ways where there are
poles belonging to the Telephone Company,the Permittee shall
likewise arrange with the Telephone Company to use such poles
for the cables and other
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facilities necessary to operate its CATV System and shall
furnish evidence of such arrangement to the Town,or Permit-
tee shall install and operate all cables and other facilities
for the operation of its CATV system underground in such areas
or provide for the operation of its cable and other facilities
in such areas in such manner as shall be approved by the Town;
or
b.The Permittee shall arrange with the
Telephone Company that the Telephone Company furnish to Per
mittee such facilities as may be necessary for the opera
tion of Permitte&s CATV System,the Permittee to furnish
evidence of such arrangement with the Telephone Company;
provided,however,that such arrangement shall allow and
provide for the payment of the annual pole rental fee as
provided in sub-paragraph 14.l4-3a for each pole belonging
to the Town upon which the cable and other facilities of
Permittee are attached;or
c.The Permittee subject to the limitations,
conditions and exceptions herein and hereinafter set forth,
and in the areas where pole facilitias are not available or
cannot be available to Permittee under agreements with the
Town or the Telphone Company and it would not be detrimental
to allow poles to be erected,the Permittee is authorized to
construct,install,operate and maintain on,under and above
the streets and public ways of the Town,such poles,lines,
cables,wiring,conductors,vaults and related facilities and
appurtenances as are necessary for the purpose of originating,
receiving,amplifying and distributing television and radio
signals to the inhabitants of Estes Park in the conduct of
its CATV business.
14.14-4 Term of Permit.Any permit authorized by
this Section shall not be for a term in excess of ten (10)
years from the date thereof,and shall be subject to revoca
t ion
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by the Trustees,within their sole discretion,as hereinafter
provided in subsection lL1..lL-.In the event of such revo
cation or other termination of a permit,the Town shall have
the right to purchase all the property of the Permittee used
under and in connection with its permit,together with all
good will,rights and appurtenances of the Permittee,at the
fair market value at the time of purchase.In the event of
such revocation or termination of a permit and the Town does
not elect to purchase the Permittee’s property,Permittee shall,
at the request of the Town,at its own expense and within a
reasonable time as determined by the Trustees remove any poles,
wires,cable and related appurtenances constructed or installed
and shall leave the streets and public ways in as good con
dition as they were prior to said installations.
lL1.1J4-5 Revocation of Permit.Any permit issued as
provided in this Section may be revoked by the Trustees upon
the failure or refusal of the Permittee,its successors or
assigns to comply with the terms and provisions of this Section,
and any permit issued as herein provided,or any agreement or
regulation provided for in this Section.The Trustees may
exercise their right to revoke a permit after giving the
Permittee ninety (90)days notice in writing.The notice
shall state all matters in default.The notice shall be
effective as of the time when it is deposited in the United
States mails.The notice shall be mailed by certified mail
to the Permittee at the address of the Permittee shown in
the permit being revoked.Upon the failure of the Permittee
to so comply within said ninety (90)day period,the permit
shall be revoked.
]J.ilj-6 Right of Permittee Not Exclusive.The right
of the Permittee to use the streets and public ways of the
Town and conduct its business in the Town shall be non-exclusive,
and the Town reserves the right to grant a similar use or uses
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in said streets and public ways and authorize additional CATV
business in the Town.
14.14-7 Location of Cables,Appliances,Installations
and Facilities.Any poles,wires,cable,lines,vaults,con
ductors,installations or facilities to be constructed or in
stalled in streets or public ways under permits issued here
under shall be so constructed or installed only at such loca
tions and in such manner as are approved by the Trustees or
their duly authorized representative.As hereinabove provided,
additional poles and like facilities,unless under special
conditions and without specific approval will not be allowed
in those streets or ways where there are existing utility
poles.In those areas of the Town where public utility lines
are underground or hereafter may be placed underground,the
Permittee shall likewise place all its lines,cables and other
facilities underground.Any streets or sidewalks damaged or
disturbed in the construction or operation of Permittee’s poles,
cables and other installations shall be forthwith repaired and
restored by Permittee at its expense and to the satisfaction
of the Town.If the Town elects to change the grade of any
street or public wa:’,to vacate or otherwise alter the same,
Permittee shall relocate its poles and other installations at
its expense.Whenever any poles,cables or other installations
of Permittee shall restrict or obstruct the operation or loca
tion of any street,alley or public place or other utilities
of the Town,the Permittee shall relocate the same at its
expense.Permits for construction provided for in this sub
paragraph 14.14-7 shall be issued as the Trustees or its
authorized representative shall determine and issue.
14.14-8 Installation and Operation Time.Installa
tion of or arrangement for Permittee’s CATV System,as herein
provided,shall be commenced within such time as shall be de
termined by the Trustees and shall be in operation within
twelve (12)months from the date a permit is issued,or Per
mittee shall forfeit all rights and privileges granted by
such permit.
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14.14—9 Service To Be Furnished.Permittee’s CATV
System and its services shall be made available in every part
of the Town;provided that Permittee shall not be required to
make any extensions for the purpose of providing service,where
such service is not desired in the area.Permittee shall pro
vide a maintenance and repair service readily available through
telephone or other means in the Town to its subscribers during
all hours that signals are being transmitted,the hours of
operation and service to be not less than seventeen (17)hours
each day commencing at 7:00 A.M.and ending at 12:00 P.M.each
day;provided such operation and service shall be furnished at
all times signals are being furnished by the stations listed
in subsection 15 of this Section.
14.14—10 Fees ToBe Paid.Permittee shall pay to the
Town quarterly on or before the 10th day of each quarter a per
centage of its gross revenue and receipts derived from the
conduct of its business in the Town and each applicant for
a permit under this Section shall state the percentage of
such gross revenue that it will pay to the Town each quarter.
Gross revenue and receipts shall not include any taxes imposed
by any governmental unit and collected by the Permittee.Within
thirty (30)days after the end of each calendar year,Permittee
shall file with the Town a financial statement prepared by a
certified public accountant showing in detail the total gross
receipts for the preceding calendar year and shall with the filing
of said statement pay any unpaid balance for said year.The Town
shall have the right to inspect Permittee’s books and records
showing the receipts.Permittee shall also pay the Town an annual
fee as provided for in the pole use agreement for each Town pole
to which its cable system is attached,as hereinabove provided.
The pole fee shall be established by the Trustees.Permittee shall
also pay the Town an occupation tax of Seven Hundred Fifty Dollars
($750.00)per year,which tax
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shall be payable on the date a permit is issued and on the
same date each year thereafter that such permit is in force.
1L1.lLc-l1 Business Prohibited.Permittee shall not
engage in the business of renting,repairing,selling or
installing television sets,radios,antennae or other elec
tronic devices for the reception of electronic signals except
those required by its System.
1L..4-12 TV Not Authorized.Nothing in this
Section or permit hereunder granted shall be construed to
authorize services known as Pay TV,that is the sale of pro
grams on a program by program basis.
lL1.il-l3 Charges Permitted.The charges made by
Permittee for its services including installation,repair,
removal and monthly service charges shall be uniform for the
same or similar services and shall be according to maximum
rates as established by Permittee and approved by the Trustees.
No rate shall be increased above the maximum approved without
reapproval by the Trustees.A rate schedule approved by the
Trustees shall be on file with the Town Clerk.
lL.]±-]J Interference With Signals and Commercials
Prohibited.The Permittee shall operate its system as not to
interfere with the direct broadcast or reception of other
signals,whether television,radio or like signals or trans
mission of telephone or telegraph signals.In the delivery
of programs Permittee shall not delete the commercials of the
program sponsor nor shall it interrupt any programs or parts
thereof and substitute commercials or advertisements for those
of such program sponsor.
il.il-i Signals To Be Furnished.The CATV System
operated by Permittee shall deliver satisfactory television
signals from at least the following TV stations:
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AIR CHANNEL STATION CITY NFIWORK SERVICE
2 KIGN-TV Denver Independent
KOA-TV Denver NBC
6 KRMA-TV Denver Educational
7 KLZ-TV Denver CBS
9 KB-TV Denver ABC
ii.iL1-i6 Standard of Service To Be Furnished.The
CATV System of the Permittee shall be installed and maintained
in accordance with the highest and best accepted standards of
the industry to the effect that subscribers shall receive the
highest possible service.In determining the satisfactory
extent of such standards the following shall apply:
(a)The system shall be installed using all
band equipment capable of passing the entire UHF,VHF tele
vision and PM spectrum.
(b)The system,as installed,shall be
capable of passing standard color TV signals without the
introduction of noticeable effects on color fidelity and
intelligence.
(c)The system shall provide a signal level
of OO microvolts at the input terminals of each of the TV
receivers.
(d)The system and all equipment shall be
designed and rated for 2L-hour-per-day continuous operation.
(a)The system signal-to-noise ratio shall
be not less than L2 decibels.
(f)Hum modulation of picture signal shall
be less than five per cent.
(g)The system shall use components having
VSWR of l.L or less.Methods of measuring the above standards,
where necessary,will be established by the Trustees.
lL.lL-l7 Service To Be Furnished Schools.Permittee
will,upon request therefor,provide and furnish without charge
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to each elementary and secondary public school now located
in Larimer County School District Number 3,the following:
(a)One service outlet for main regular
channel television reception for educational and other pro
gramming or reception furnished by the Permittee.
(b)An additional service outlet in each
room or area where television reception is desired,provided
that the using outlet shall reimburse the Permittee at its
actual cost basis for labor and materials required in the
installation of such service outlets which are additional to
the main outlet,but no service or other charge will be made
after installation.
(c)Permittee shall operate and maintain at
its expense in accordance with the best accepted standards of
the industry all cables,equipment and appliances required in
this subsection 17 of this Section.
(d)The services required to be furnished by
the Permittee in subsection 17 of this Section shall be ap
plicable to each school described in subsection 17 hereof,
located within any area hereafter annexed to the said School
District,provided that such school must be situated within
one-quarter mile of the CATV cable installation of the Permittee.
il.lL-l8 Limitations of Permit.The permit or privi
leges provided for herein shall be personal to Permittee and it
cannot be sold,transferred,leased,assigned and disposed of,
in whole or part,either by voluntary or involuntary proceed
ings,without the consent of the Town expressed by resolution
of the Trustees upon such conditions as it may prescribe,ex
cept such consent shall not be unreasonably withheld.It is
understood,and Permittee in accepting a permit under this
Section agrees,that the permit which may be authorized pur
suant to this Section is a revocable and non-exclusive permis
sion to the non-exclusive use of structures or facilities
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lawfully in place in streets and ways of the Town and the
non-exclusive use of poles or structures to be placed upon
or under Town streets and ways by Permittee and which Per
mittee agrees may be used by the Town,the Telephone Company and
similar entities upon payment of a reasonable use fee.It
is also,understood and Permittee shall agree that any such
permit is subject to the provisions of the Municipal Code or
Ordinances of the Town not in conflict with the provisions of
this Section.
lLj.]11-19 Bond Required.Permittee shall,concurrently
with the acceptance of the permit provided for under this
Section,file with the Town Clerk,and at all times thereafter
maintain in full force and effect while this permit is in
existence,at Permitteets expense,a corporate surety bond,
in a company approved by and in form approved by the Town,in
an amount equal to the value of the Permitteets System,re
newable annually,or deposit with the Tom cash or United States
bonds in such amount,the Permittee to receive all interest
therefrom,and conditioned upon and for the faithful performance
by Permittee of all of the conditions in and requirements and
obligations imposed upon Permittee by this Section and for
compliance with all the provisions of this Section.The bond
shall contain a provision that thirty (30)days written notice
of intention not to renew,cancel or other material change be
given to the Town.The bond shall be further conditioned that
the Town shall recover all costs and expenses incurred in en
forcing collection of said bond.
lL.lL-2O Liability Insurance Required.Permittee
shall,at its own expense,defend all suits that may be brought
against the Town on account of the CATV business of Permittee
or the construction or operation of its system and infringement
copyrights,patents or like violations and shall keep harmless
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the Town from any and all damages,judgments,costs and ex
penses of every kind growing out of/or connected with said
business and installation or operation of the System and
Permittee as further assurance to the Town shall during the
existence of the permit granted Permittee under this Section
furnish the Town with proper evidence of liability insurance
coverage with an approved company insuring both Permittee and
Town against said claims,demands or losses for injury to
persons or damage to property resulting from or connected
with the construction,operation or maintenance of said System
and business within the Town,said insurance shall have limi
tations in not less than $100,000.00 for injury to one person
in one occurrence and not less than $300,000.00 for injury to
more than one person in the same occurrence and not less than
$50,000.00 for damage to property in one occurrence.The
Permittee shall also,at all times during the existence of
any permit,carry and furnish proper evidence of:
A.Workmen’s Compensation Insurance in
accordance with the laws of the State of Colorado.
B.Automobile liability insurance with
limits of not less than $100,000.00 for injury to one person
in one occurrence and not less than $300,000.00 for injury to
more than one person in the same occurrence and not less than
$25,000.00 for damage to property in one occurrence.
All insurance policies required hereunder
shall provide that the insurer shall give the Town thirty (30)
days advance notice of any cancellation or termination of such
insurance.
lL1.lL-2l Wires Raised or Lowered When.The Permittee
shall,on the request of any person holding a building moving
permit issued by the Town,terr3porarily raise or lower its wires
or cables or remove its poles to permit the moving of build
ings.The expense of such temporary raising and lowering or
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removal shall be paid by the person requesting the same,and
the Permittee shall have the authority to require such payment
in advance.The Permittee shall be given not less then two (2)
working days advance notice to arrange such temporary changes.
il.il-22 Customer Service Contracts.The Permittee
shall receive Trustee approval of the form of the service
contract to be used by the Permittee in its dealings with
customers prior to entering into any such service contracts,
and the Permittee shall make no changes in the form of such
service contract without prior approval of the Trustees by
resolution duly adopted.
il.1±-23 Permittee Rules and Regulations.The Per
mittee shall have the authority to promulgate such rules,
regulations,terms and conditions governing the conduct of
its business as shall be reasonably necessary to enable the
Permittee to exercise its rights and perform its obligations
under any permit issued hereunder and to assure an uninter
rupted service to each and all of its customers;provided,
such rules,regulations,terms and conditions shall not be in
conflict with the provisions hereof,the ordinances of the
Tom or the laws of the State of Colorado,and shall be sub
servient to the general application of this Section and regu
lations adopted with regard thereto.
Section 2.In the event any section or part of this
Ordinance shall be held invalid,such invalidity shall not
affect the remaining sections or portion of this Ordinance.
Section 3.The Board of Trustees of the Town of Estes
Park herewith finds,determines and designates that this ordi
nance is necessary for the immediate preservation of the public
peace,health and safety,for the furnishing of Community
Antenna Television affects the public peace,health and safety,
and whereas in the opinion of the Board of Trustees an
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emergency exists,this ordinance shall take effect and be in
force five (5)days after its final passage,adoption and
publication.
Mayor
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