Article III. TELE-COMMUNICATIONS, INC.


§ 1. Grant of franchise.
§ 2. Definitions.
§ 3. Term of franchise.
§ 4. Franchise area.
§ 5. Effective date.
§ 6. Non-exclusive franchise.
§ 7. Police power.
§ 8. Construction and maintenance.
§ 9. Safety requirements.
§ 10. System service and extension.
§ 11. System design.
§ 12. Operational standards.
§ 13. Technological advances/state of the art.
§ 14. Free distribution services.
§ 15. Local office; complaints.
§ 16. Preferential or discriminatory practices prohibited.
§ 17. Insurance.
§ 18. Indemnification.
§ 19. Privacy.
§ 20. Programming.
§ 21. Operating requirements.
§ 22. Rates and charges.
§ 23. Franchise payments.
§ 24. Approval of transfer.
§ 25. Renewal procedures.
§ 26. Surrender right.
§ 27. Termination or cancellation.
§ 28. Termination alternatives.
§ 29. Unauthorized receptions—Violations.
§ 30. Miscellaneous provisions.
§ 31. Reserved.
§ 32. Effective date.

AMENDED
ORDINANCE NO. O-1991-1

AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE IN THE CITY OF DURANGO, COLORADO TO TELE-COMMUNICATIONS, INC. FOR THE OPERATION AND MAINTENANCE OF A CABLE TELEVISION SYSTEM, SETTING FORTH THE CONDITIONS ACCOMPANYING THE GRANT OF SAID FRANCHISE, PROVIDING FOR CITY REGULATION AND USE OF THE CABLE TELEVISION SYSTEM, AND DECLARING AN EFFECTIVE DATE.

WHEREAS, the city has requested an expression of interest from companies desiring to own and operate cable communication systems within the City of Durango and, in response thereto, has negotiated a proposed renewal franchise with Tele-Communications, Inc. through informal proceedings which do not constitute a waiver of rights by Tele-Communications, Inc. under Section 626 of the Cable Act; and

WHEREAS, the negotiated franchise has been reviewed and evaluated by the city staff and the staff has recommended to the Durango City Council that the proposed franchise be approved, subject to approval of the electorate as required pursuant to Article IX, Section 1 of the Charter of the City of Durango, Colorado; and

WHEREAS, the City of Durango has reviewed the legal, character, financial and technical qualifications of the proposed franchisee, Tele-Communications, Inc., in full proceedings providing due process, and is desirous of awarding a franchise for a cable communications system to said applicant; and

WHEREAS, public hearing has heretofore been held before the City Council of the City of Durango and the council has determined, subsequent to said public hearing, that the granting of the proposed franchise, subject to approval of the electorate, would be in the best interests of the citizens of the City of Durango;

NOW, THEREFORE, THE CITY OF DURANGO HEREBY ORDAINS: