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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: pubkik 1:k a_ �) woks Pa Ti rnt_) 5-IS-9 V) ® "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 El REVIEWED BY: Paul L. Nordin Town Manager