Skip to code content (skip section selection)
Compare to:
Haxtun Overview
Haxtun, CO Code of Ordinances
HAXTUN, COLORADO CODE OF ORDINANCES
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
Loading...
§ 113.06 COMPLIANCE WITH LAW.
   (A)   Any cable operator, its assignee or transferee shall be subject to, and expected to comply with:
      (2)   All ordinances in effect within the town including the ordinance codified in this chapter, to the extent that the cable operator has not received exemption or relief;
      (2)   All federal and state laws, and all rules and regulations issued by all applicable regulatory agencies; and
      (3)   All lawful exercise of the town’s police power.
   (B)   Nothing contained in this section shall prevent a cable operator from exercising any, and all, of its administrative and legal rights as to the constitutionality, applicability and enforceability of this chapter or any later amendments.
(Prior Code, § 13.20.060) (Ord. 96-13.20, passed - -1996)
§ 113.07 INCONSISTENCIES WITH FEDERAL OR STATE LAW.
   If any provision or section of this chapter is inconsistent with any provision or section of a federal or state rule, regulation or law, then the federal or state rule, regulation or law shall control.
(Prior Code, § 13.20.070) (Ord. 96-13.20, passed - -1996)
CONDITIONS AND REGULATIONS
§ 113.20 RETAINED RIGHTS AND AUTHORITIES.
   Subject to preemption by the FCC or any other federal or state governmental entity or agency, the town retains the authority for:
   (A)   The regulation and control of any cable system within the geographical limits of the town and within the limits prescribed by applicable law;
   (B)   The award and grant of a cable franchise subsequent to review of an application or proposal by the Board of Trustees;
   (C)   Subject to the provisions of § 113.06 of this chapter and any relief or exemption granted with respect to those provisions, the amendment or repeal of all or part of this chapter;
   (D)   The amendment of a franchise by mutual agreement of the Board of Trustees and the holder of the franchise;
   (E)   The regulations of any and all rates and charges associated with the provision of any services offered over the system. If the town chooses to regulate rates the town shall abide by all applicable state and federal laws and regulations including the regulations of the Federal Communications Commission found at 47 C.F.R. §§ 76.900 through 76.987 et seq., as may from time to time be amended;
   (F)   The enforcement of all laws and regulations relating to cable customer service practices and consumer protection; and
   (G)   The enforcement of all laws and regulations relating to the technical and operational standards associated with providing cable television services.
(Prior Code, § 13.20.080) (Ord. 96-13.20, passed - -1996)
§ 113.21 NOTICES.
   (A)   The town and each cable operator shall provide the other party with the name and address of the contact person designated to receive notices, filings, reports, records, documents and other correspondence.
   (B)   (1)   All notices shall be delivered to each party’s contact person by certified mail, return receipt requested, personal service with signed receipt of delivery or overnight with receipt verification.
      (2)   All other filings, reports, records, documents and other correspondence may be delivered by any permissible means including, but not limited to: facsimile transmission (“faxing”); personal service, overnight mail or package delivery.
      (3)   The delivery of all notices, reports, records and other correspondence shall be deemed to have occurred at the time of receipt (unless otherwise designated by state law).
      (4)   The designation of the contact person for notice purposes may be contained within any franchise agreement.
(Prior Code, § 13.20.090) (Ord. 96-13.20, passed - -1996)
§ 113.22 INDEMNITY.
   (A)   Each cable operator shall indemnify, defend and hold the town, its officers, boards, commissions, agents and employees (collectively the “indemnified parties”) harmless from and against any and all lawsuits, claims, causes of action, actions, liability, demands, damages, judgments, settlements, losses, expenses (including reasonable attorneys’ fees) and costs of any nature that any of the indemnified parties may at any time, directly or indirectly, suffer, sustain or incur arising out of, based upon or in any way connected with the grant of a franchise to a cable operator, the operation of the cable operator’s cable system and/or the act and/or omissions of the cable operator or its agents or employees, whether or not pursuant to this chapter or any franchise granted hereunder.
   (B)   This indemnity shall apply, without limitation, to any action or cause of action for invasion of privacy, defamation, anti-trust, errors an omissions, theft, fire, violation or infringement of any copyright, trademark, trade names, service mark, patent or any other right of any person whether or not any act or omission complained of is authorized, allowed or prohibited by this chapter or any franchise agreement, but shall exclude any claim or action arising out of the acts of omissions of indemnified parties or related to any town programming or other access programming for which the cable operator is not legally responsible.
(Prior Code, § 13.20.100) (Ord. 96-13.20, passed - -1996)
§ 113.23 LIABILITY INSURANCE.
   Within 60 days following the grant of a franchise, a cable operator shall obtain, pay all premiums for and make available to the town at its request copies of the following insurance policies:
   (A)   A general comprehensive liability insurance policy insuring, indemnifying, defending and saving harmless the indemnified parties from any and all claims by any person whatsoever on account of injury to or death of a person or persons occasioned by the operations of the cable operator under any franchise granted hereunder or alleged to have been so caused or occurred with a minimum coverage of $1,000,000 for personal injury or death of one person, and $2,000,000 for personal injury or death of any two or more persons in any one occurrence;
   (B)   Property damage insurance for property damage occasioned by the operation of the cable operator under any franchise granted pursuant to this chapter, or alleged to have been so caused or occurred with minimum coverage of $1,000,000 for property damage to the property of any one person and $2,000,000 for property damage to the property of two or more persons in any one occurrence;
   (C)   Workers compensation insurance as provided by applicable local, state and federal laws;
   (D)   All insurance policies called for in this chapter shall be in a form satisfactory to the town with a company licensed to do business in the state with a rating by A.M. Best & Co. of not less that “A” and shall require 30 days’ written notice of any cancellations to both the town and the cable operator. The cable operator shall, in the event of any such cancellation notice obtain, pay all premiums for and file with the town, written evidence of the issuance of replacement policies within 30 days following receipt by the town or the cable operator of any notice of cancellation; and
   (E)   It shall be the obligation of the cable operator to properly notify the town of any pending litigation that would be likely to effect the indemnified parties.
(Prior Code, § 13.20.110) (Ord. 96-13.20, passed - -1996)
Loading...