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Home My Public Portal AboutORD09778 S♦ N BILL NO._ INTRODUCED BY COUNCILMAN ORDINANCE NO. 9 X78 i AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI GRANTING A NON- EXCLUSIVE FRANCHISE TO TCI CABLEVISION, INC. , TO OPERATE A CABLE TELEVISION SYSTEM IN THE CITY OF JEFFERSON, MISSOURI, AND SETTING FORTH CONDITIONS ACCOMPANYING THE GRANTING OF THE FRANCHISE. i; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, �! MISSOURI, AS FOLLOWS: i I SECTION A. This ordinance shall be known and may be cited as the "TCI Ordinance" , and shall read as follows: SECTION 1: INTENT. The City of Jefferson (herein- ! !; after also referred to and known as Grantor) hereby grants to j is TCI Cablevision, Inc.. (hereinafter referred to and known as ii Grantee) a cable television franchise in accordance with the provisions of Ordinance No. 9777 and this ordinance. �. j !I SECTION 2: DEFINITIONS. All words, terms, phrases II and their derivations shall have the meanings set forth in II Ordinance No._9 777. I f SECTION 3: GRANT OF FRANCHISE. I 3.1 Grant. Grantor hereby grants TCI Cablevision, ! Inc. (Grantee) a non-exclusive franchise to construct, operate, maintain and reconstruct a cable television system !� within the present and future limits of the City of Jefferson. The franchise is granted subject to the requirements and ; II provisions of Ordinance No. 9777 I� 3. 2 Effective Date of Franchise. The effective { date of the franchise shall be the date of final passage i; of this ordinance; provided that if grantee does not file with I! the City Clerk within fifteen (15) days after notification 1' of final passage a written and signed acceptance of all terms of the franchise, .the franchise shall be null and void. I 3.3 Term of Franchise. The term of this franchise +� agreement is seven (7) years from the effective it date. 3. 4 Extension of Term. Grantor and Grantee agree that Grantee may, before the expiration of the initial seven I year term stated in paragraph 3.3 above, present to the city a proposal for a rebuilding of the system to a capacity of 35 or more channels. If the city approves said proposal or I; a mutually acceptable variation .thereof,, the agreed-upon it specifications for the rebuilt system shall supersede the i specifications for the system described in this ordinance, i and the term of this franchise shall be extended for 8 additional years for a total of 15 years from the effective If date of this ordinance. The provisions of this section shall also apply when -the Grantor requests, and the Grantee agrees, that the Grantee will rebuild the system to a capacity of I� 35 or more channels. fl I it 1 it + fi I, 1; SECTION 4 : CONSTRUCTION OF SYSTEM. 4.1 Construction Schedule. Grantee presently main- tains and operates a 12 channel cable television system in Jefferson City. Pursuant to this ordinance, grantee shall expand the channel capacity of its system to at least 21 channels within 12 months of the effective date of this !' ordinance. i' 4.2 Initial Service Area. The initial service area shall be the Czty of Jefferson. 4. 3 Satellite Earth Station. The system shall include a satellite earth station . SECTION 5: SERVICES. 5. 1 Initial Services. Grantee agrees to provide ! the following service: A) Basic Subscriber Television Service (BSTS) i Grantee shall provide 12 channel service as a basic level of service. The BSTS shall be defined as those services that existed as of the passage of this ordinance except that i upon request by Grantor the Grantee shall _ utilize duplicative network channels for ' i; alternative programming, and except in the � Ah case that a programming service existing i on the basic 12 channel tier as of the passage of this ordinance shall have gone out of business or off the air. Nothing j herein shall be deemed to deny either the Grantee the ability to come before the Grantor to propose programming changes in the BSTS, or the authority of Grantor to permit. same. (BSTS shall also include LACME Chavnel. ) ±' B) Tier Service. Grantee may provide channels above the 12 channel basic service as a tier of optional service which will require the payment of an additional charge and a converter. r f( ' jl C) Pay Services. Separate channels for premium i! pay services such as HBO shall not be part of the basic service or the optional tier �I of service, but shall be additional premium services for which a separate charge is paid. No subscriber shall be required to have the optional tier of service in order + to obtain the premium services. 5. 2 Composite Channel. Grantee may combine pro- gramming into composite channels to improve efficiency of channel utilization or to attract a larger viewing audience. r5. 3 FM Channels. Grantee shall continue to process in } ?� excess of 15 FM channels and shall attempt to reduce fade-out if i} possible. SECTION 6: RATES AND CHARGES. 7 6 .1 Initial Rates and Charges. Grantee shall provide service at the initial rates and charges enumerated below (copyright fees and LACME fees, if any, shall be added on to the monthly bill and shall be separately shown on the �i monthly subscriber bill) : p� -2- `' I ti RESIDENTIAL SERVICE: INSTALLATION MONTHLY CHARGE RATE Basic Cable Tier (12 channels including one premium service $19. 95 available) ($24. 95) * $ 6. 55 FM Service $10. 00** -0- Each Ad.d. Outlet $10. 00 $ 1.25 Relocation $10. 00 N/A ` i Reconnection $19. 95 N/A *Underground **Free if connected at same time that basic TV service is connected. ? " 6.2 Supplemental Provision Regarding Rate and Charges. Grantee agrees that its initial rate for basic service will remain at the present level of $6.55, and that this price will not be increased for at least two years following the effective date of this ordinance. Grantee also agrees that, ' !i once the expansion of channel capacity is completed, the optional tier of expanded service shall be made available to subscribers at no cost for a six month preview period. After the si,-; month review " p period, those subscribers wishing � to retain th+v optional tier of expanded service may do so for an additional charge of $2.00 per month. The additional charge of $2. 00 per month for (------------------)the optional tier shall not be increased for a period of two years following the conclusion of the six month preview period. The optional tier shall in all cases include the basic tier. r: i 6.3 Rate Approval. Rates for basic subscriber television service (BSTS) installations, additional outlets, j reconnections and deposits shall not be increased without the ` approval of the Grantor. The procedure for evaluating rate increase requests shall be that set forth in Ordinance 9777 ji The Grantor' s price approval power does not extend to the 1 !� optional tier of expanded service or to premium pay channels + except as is set out in 6. 2 above. 1i I 6 .4 Waiver of Installation Charges. Grantee may 1: or reduce installation charges for promotional or marketing purposes. ;j 6.5 Copyright fees. As copyright fees are established j� by Federal legislation, and under Federal purview, any fees paid to copyright owners of material carried on imported stations shall be in addition to rates established herein. !!! Copyright costs shall be established on a per subscriber j; basis. The amount per subscriber for copyright fees shall �i be separately set out on the monthly subscriber billing and shall be clearly and logically designated as "copyright cost" . During the guaranteed rate periods set out in Section 6 . 2 i 11 above, copyright fees shall not be in addition to rates established herein. Ij SECTION B: SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason i held .invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, I distinct and independent provision and such holding shall I ji not affect the validity of the remaining portions hereof. �I (l I ji -3- ! �j j� �I ±! I I� jr SECTION C: EFFECTIVE DATE. This ordinance shall be in full force and effect after its passage and approval. i I Passed �Anjsf's.- Approved //2e I rest de of Co lacil Mayor I I ATTEST: I f; 1� I C t�y lerk Acceptance i fi I, the undersigned representative of TCI Cablevision, i Inc. , am lawfully authorized by TCI Cablevision, Inc. to accept and execute this franchise agreement on behalf of TCI Cablevision, Inc. , and do, by my execution of this document, so accept and agree. Ir 1 y< ATTEST: I II UV'ri�'v�w J State of kil" ) ss. i' County of _ I i On this .Z O e day of , 19F2-before me personally appeared to ' me personally known, and has signe the above document. In Testimony Whereof, I have hereunto set my hand and affixed my official seal, at my office in Jefferson City, the day and year first above written. 1 f - . I Notary Pu lic My cm- mission expires: -4-