HomeMy WebLinkAboutOrd 1991-07• ORDINANCE NO 91-07
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS AMENDING CHAPTER 13 OF THE
TOWN CODE ENTITLED CABLE COMMUNICATIONS AND
SPECIFICALLY AMENDING SECTION 13-3 DEFINITIONS BY
ADDING NEW DEFINITIONS FOR THE TERMS CHANGE OF
SERVICE, SERVICE CALL AND STANDARD DROP AND AMENDING
THE DEFINITIONS OF GROSS REVENUE AND OUTAGE; SECTION
13-7 A. REGARDING AMENDMENTS; SECTION 13-7 B.7.
REGARDING LIABILITY; SECTION 13-8 A.5.(e) REGARDING
SUBSCRIBER HANDBOOK; SECTION 13-9 E.8. AND 9.
REGARDING REMEDIES; AND SECTION 13-12 A. REGARDING
LENGTH OF TIME OF NOTICE.
BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS AS FOLLOWS:
SECTION 1. That the Town Code Chapter 13 Cable Communications
Section 13-3 Definitions is hereby amended to add the following
definitions:
® "CHANGE OF SERVICE" means all requests by existing Subscribers
for modification to their Cable Service, such as additions or
deletions of premiums services, additional outlets, remote controls
FM service, etc. Such terms shall not include, initial installation
of Basic Cable Service, total disconnection of Basic Cable Service
or Service Calls.
"SERVICE CALL" shall result when service problems occur
relating to 1) Fewer than (3) complaints regarding total loss of
signal on all channels within the same quarter (;) section within
One Hundred Twenty (120) minutes. 2) A degraded signal or picture
on one or more channels, or 3) Property damage by Licensee
employees or authorized contractors.
"STANDARD DROP" means that Cable connection which requires no
more than one hundred fifty (150) foot drop measured from the
nearest point of Subscribers home or place of business to the
nearest active tap on the Cable System, involving only one outlet
and standard materials, and does not involve a wallfish. In
addition, a Standard Drop shall exclude custom installation work
including specific Subscriber requested work that requires non-
standard inventory or cable routing that requires construction
methods exceeding reasonable underground or aerial work.
SECTION 2. That the Town Code Chapter 13 Cable Communications
Section 13-3 Definitions is hereby amended for the terms Gross
Revenue and Outage to read as follows:
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® "GROSS REVENUES" shall mean all cash, credits, property of any
kind or nature or other consideration, less related bad debts up to
a maximum of one and one half percent (1 ;) annually of such cash,
credits and property, received directly or indirectly by a
licensee, its affiliates, subsidiaries, parent and any person, firm
or corporation in which a licensee has a financial interest or
which has a financial interest in the Licensee, arising from or
attributable to the Licensees operation of its Cable Television
System within the Town, including, but not limited to:
(a) Revenue from all charges for services provided to
subscribers;
(b) Revenue for all charges for the insertion of
commercial advertising upon the Cable System;
(c) Revenue from all charges for the leased use of
studios;
(d) Revenue from all charges for installation, removal,
connection and reinstatement of equipment necessary for a
subscriber to receive cable service;
(e) Revenue from the sale, exchange, use or cablecast of
any programming developed for community use or institutional users;
(f) Any other income derived from the Cable System.
Gross Revenues shall not include any increase in the value of
any stock, security or asset; the value of complimentary services
provided to Licensees employees and is required by the Ordinance or
® any License; and dividends or other distributions made in respect
of any stock or securities, valued received by a Licensee or any of
its affiliates, subsidiaries or parent relating to Licensee
services.
"OUTAGE" means an equipment or facility failure that results
in a total loss of signal on all cable channels affecting three (3)
or more subscribers in a quarter section within a one hundred
twenty (120) minute period.
SECTION 3. That the Town Code Chapter 13 Cable Communications
Section 13-7 A. License Agreement is amended to read as follows:
A. Upon the approval of an application by the Town Council,
the applicant shall negotiate and execute a License Agreement
within sixty (60) days. If the Town Council and the Grantee fail to
agree on the terms of a License Agreement within the sixty (60)
days of the date that the Council's action approving the
application, the approval shall expire without further action by
the Town Council. This time limit may be extended by the Town
Council for good cause. The License Agreement shall incorporate all
terms and provisions of this Chapter wherein a requirement is
placed upon the Licensee, either expressed or implied by this
® Chapter. The Licensee shall expressly and specifically agree to
accept the terms of and be bound by the terms of this Chapter.
® SECTION 4. That the Town Code Chapter 13 Cable Communications
Section 13-7 B.7. is hereby amended to read as follows:
B.7. A Licensee shall execute a hold harmless agreement as
part of the License Agreement which "shall set forth the obligation
of the Licensee over and above the insurance requirements contained
in the license and this Code.
SECTION 5. That the Town Code Chapter 13 Cable Communications
Section 13-8 A.5. (e) is hereby amended to read as follows:
(e) A subscriber handbook and upon request any other written
policies applicable to subscribers.
SECTION 6. That the Town Code Chapter 13 Cable Communications
Section 13-9 E.9. is hereby amended to read as follows:
9. The imposition and collection of liquidated damages as set
forth above shall not prevent the Town Manager from pursuing other
remedies for other violations of either the article or the license
agreement and for which liquidated damages have not been imposed
and collected.
® SECTION 7. That the Town Code Chapter 13 Cable Communications
Section 13-12 A. is hereby amended to read as follows:
A. Licensee shall not sell, transfer, assign, exchange or
release, or permit the sale, transfer, assignment, exchange or
release of more than forty nine percent (49%) of the cumulative
ownership of the system without prior written authorization from
the Town Council. For the purposes of this Section, a merger or
consolidation shall be deemed a transfer or assignment. The Town
Manager shall be promptly notified in writing, within sixty (60)
days of the effective date of any such sale, transfer, assignment,
exchange or release which constitutes more than five percent (5%)
of the cumulative ownership of the system. Nothing in this section
shall be deemed to prohibit a pledge or hypothecation or mortgage
or similar instrument transferring conditional ownership of the
systems assets to a lender or creditor in the ordinary course of
business, unless such interest shall exceed seventy five percent
(75%) of the original cost or the fair market value, whichever is
higher.
Passed and adopted by the Mayor and Common Council of the Town
of Fountain Hills, Arizona this 2nd day of May, 1991.
® o n M. Cutillo
Mayor
® ATTEST TO:
Cassie B. Hansen
Town Clerk
APPROVED AS TO FORM:
-�&- P j L &
William E. Farrell
Town Attorney
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REVIEWED BY:
Paul L. Nordin
Town Manager