Loading...
HomeMy WebLinkAboutORDINANCE 14-70/ .- 4 Q ORDINANCE NO.14-70__- AN ORDINANCE AINDING SECTIONS 1L.1Lj-Li, 9,10,11,12,13,17,19 AND 22 OF THE MUNICIPAL CODE OF THE TOWN OF E$TES PARK, COLORADO,RELATING TO AUTHORIZING THE GRANTING OF A REVOCABLE PERMIT TO OPERATE WITHIN THE TOWN OF ESTES PARK A SYSTEM FOR RECEPTION AND DISTRIBUTION OF PICTURES AND SOUNDS BY CABLE,SOMMTIMMS KNOWN AS COMMUNITY ANTENNA TELEVISION,AND PROVIDING CONDITIONS AND REGULATIONS IN CONNECTION THEREWITH. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES,PARK,COLORADO: Section 1.That Section it1.1L—Lj of the Municipal Code of the Town of Estes Park,Colorado be and the same is amended to read as follows: 1L.1L-L 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 revocat ion by the Trustees,within their sole discretion,as herein after provided in subsection lL.lL-5.In the event of such revocation 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,or sell all of said permittees property to a third party who has been granted a permit according to this ordinance. © Section 2.That Section lLj.1LL-9 of the Municipal Code of the Town of Estes Park,Colorado be and the same is amended to read as follows: l1.4.]ic-9 Service To Be Furnished.Permittee’s CATV System and its services shall be made available in every part of the Town in accordance to Permittee’s written statement of its service extension policy which statement must be first approved by the Trustees and then be made a part of any permit issued under the provisions of this section:provided that Permittee shall not be required to make any new extensions for the purpose of providing service,where such service is not desired in the area.Permittee shall provide 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. Section 3.That Section lL.ll1—l0 of the Municipal Code of the Town of Estes Park,Colorado be and the same is amended to read as follows: it..lh-lO Fees To Be Paid.Permittee shall pay to the Town quarterly on or before the 10th day of each quarter a per centage of its gross cable service revenue and receipts derived from the monthly service fee charged to its customers in the conduct of its business in the Town,and each applicant for a permit under this Section shall state the percentage of such gross cable service revenue and receipts that it will pay to the Town each quarter.Gross cable service revenue and receipts derived from said monthly service fee shall not include any -2- 0 taxes imposed by any governmental unit and collected by the Permittee. At the end of each calendar year the Town may require the Permittee to file with the Town a financial statement prepared by a certified public accountant showing in detail the total gross receipts for the preced ing calendar year and shall with the filing of said statement pay any unpaid balance for said year.The foregoing financial statement shall be filed within thirty (30)days after Permitteehas received a written request therefore from the Town.The Town shall have the right to inspect Permittee’s books and records showing the receipts.Per mittee 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. Section 4.That Section 14.14-11 of the Municipal Code of the Town of Estes Park,Colorado be and the same is amended to read as follows: 14.14-11 (Reserved for future use). Section 5.That Section 14.14-12 of the Municipal Code of the Town of Estes Park,Colorado be and the same is amended to read as follows: 14.14-12 Pay 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 programs on a program by pro gram basis to subscribers. Section 6.That Section 14.14-13 of the Municipal Code of the Town of Estes Park,Colorado be and the same is amended to read as follows: 14.14-13 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 simi lar services and shall be no more than the 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 —3- •• C —.(j) Trustees shall be on file with the Town Clerk. $ection 7.That Section lLc.lli-l7 of the Municipal Code of the Town of Estes Park,Colorado be and the same is amended to read as follows: lL.lh-l7 Service To 3e Furnished Schools.Permittee will,upon request therefor,provide and furnish without a monthly service fee 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. (5)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. Cc)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 this subsection 17 of this Section shall be an plicable to each school described in this 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. Section 8.That Section 1LL.lh—19 of the Municipal Code of the Town of Estes Park,Colorado be and the same is amended to read as follows: 1L.l1i-l9 Bond Required.Permittee shall,concurrently — •F 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 any permit issued hereunder is in existence,at Perrnittee’s expense,a corporate surety bond,in a company approved by and in a form approved by the Town,in the amount of Five Thousand Dollars.The bond shall be 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 the 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 he 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. Section 9.That Section lL.lt.-22 of the Municipal Code of the Town of Estes Bark,Colorado be and the same is amended to read as follows: lL.lh-22 Customer Service Policy.The Permittee shall furnish to all of its customers that service as shall be set forth in a written statement of Permittee’s customer service policy which statement must be first approved by the Trustees and then be made a part of any permit issued under the provisions of this Section. Section 10.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 11.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 emergency exists,this ordinance shall take effect and be in force five (5)days after its final passage,adoption and publication. Mayor • —0 1’r-it -6-