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Ordinance No. 812ORDINANCE NO. 812 AN ORDINANCE GRANTING TO BAYTOWN COMMUNITY TELEVISION, INC. THE RIGHT, PRIVILEGE AND FRANCHISE TO CONDUCT WITHIN THE CITY OF BAYTOWN, TEXAS, A CABLE SIGNAL DISTRIBUTION SYSTEM AND BUSINESS FOR THE PUR- POSE OF OPERATING A RADIO AND TELEVISION SIGNAL SYSTEM TO RECEIVE, AMPLIFY AND DISTRIBUTE TELEVISION AND RADIO SIGNALS AND TO ENTER UPON, ERECT, CONSTRUCT, MAINTAIN, EXTEND, REPAIR, REPLACE AND REMOVE IN, UNDER, UPON, WITHIN, OVER, ABOVE, ACROSS AND ALONG ANY AND ALL OF THE PRESENT AND FUTURE PUBLIC ROADS, HIGHWAYS, STREETS, LANES AND ALLEYS OF THE CITY OF BAYTOWN A SYSTEM OF POLE LINES, POLES, FACILITIES AND APPURTENANCES NECESSARY FOR RECEIVING, ORIGINATING, RELAYING AND DISTRIBUTING AUDIO AND VIDEO SIGNALS AND AUDIO AND TELEVISION ENERGY TO SUBSCRIBERS LOCATED IN AND ABOUT THE CITY OF BAYTOWN, TEXAS, AS NOW EXISTING, OR AS SAID CITY LIMITS MAY HEREIN- AFTER BE EXTENDED; PRESCRIBING THE COMPENSATION FOR THE PRIVILEGE CONFERRED HEREBY; PRESCRIBING THE CONDITIONS GOVERNING THE OPERATION OF THE SYSTEM INSOFAR AS IT AFFECTS THE USE OF PUBLIC PROPERTY FOR THE PURPOSE OF SUCH SYSTEM; PRESCRIBING RULES AND REGULATIONS GENERALLY FOR THE OPERATION OF SUCH SYSTEM UNDER THIS FRANCHISE; PROVIDING FOR THE PUBLICATION OF THIS FRANCHISE AND ORDINANCE AND ITS ACCEPTANCE BY COMPANY. WHEREAS, Baytown Community Television, Inc., has made application for a franchise to use the public streets, highways, alleys and public ways for the purpose of receiving, sending, amplifying and distributing radio and television signals by cable to television sets to customers in the City of Baytown, Texas, who desire such service, and it is the opinion of the City Council that the granting of said franchise under the terms and condi- tions hereinafter set forth would be advantageous to the citizens of the City of Baytown, Texas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1: Subject to the subsequent sections of this ordinance, Baytown Community Television, Inc., it successors and assigns, hereinafter referred to as "Company ", is hereby granted the right, privilege and fran- chise to own, operate and maintain a city -wide cable signal distribution system for the purpose of supplying radio and television signals, including a closed circuit system for sending and receiving audio and video signals, and a community antenna system and in connection therewith to use and conduct its operations in, over, under and across the present and future streets, highways, alleys and public ways of the City of Baytown and its environs, hereinafter referred to as "City ", to the extent that the City may lawfully permit the use of the above described properties for the purposes enumerated. Grantee is hereby given the right and is hereby authorized to lease, rent and use in any manner it may the poles, cable, towers and other properties from any other utility company operating by virtue of a franchise from the City of Baytown. It is recognized and ex- pressly agreed and understood, that exclusive franchises are prohibited by the Texas Constitution and the laws applying to Baytown and grantee is not receiving an exclusive franchise hereby. Section 2: For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meaning given. When not inconsistent with the context, words used in the present tense in- clude the future; words in the plural number include the singular number; and words in the singular number include the plural number. (1) "City" is the City of Baytown, a municipal corporation located in the County of Harris, State of Texas. (2) "Company" is the grantee of rights under this franchise. (3) "Council" is the governing body of the City of Baytown. (4) "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. Section 3: The Company shall have the right and privilege to erect poles, lay lines, wires, cables, conduits and other necessary elec- tronic signal devices, for the purpose of receiving, originating, relaying and distributing audio and video signals and audio and video television and radio energy of any nature whatsoever, in, over, under and across pre- sent and future strees, highways, alleys and public ways of the City. Provided, however, said Company shall utilize to the extend practical the communication zones of the existing utility pole installations of Houston Bighting and Power Company and General Telephone Company of the Southwest through agreement with the City of Baytown and /or such utility Companies, provided a reasonable and practical agreement can be reached. The City hereby retains all of its power and control for the regulation of its streets, highways, alleys, bridges, public ways and other public places granted or which may hereafter be granted to it under the Constitution of the State of Texas, the Home Rule Statutes, and its Charter. Section 4: Company shall have one (1) year after the final passage of this ordinance within which to have its said system of distri- V, buting radio and television signals under construction in the City of Baytown; within two (2) years after final passage of this ordinance, Company shall have services available to twenty (207.) of the citizens of this City. Section 5: If at any time during the term of this franchise, the said Company should fail to render a satisfactory service to the inhabitants of the City of Baytown, considering the type of service this franchise is granted to accomplish, the City Council may, after notice to the Company, cancel and terminate this franchise. Section 6: All transmission and distribution structures, lines and equipment erected by the Company within the City shall be so located as to cause minimum interference with the proper use of streets, alleys and other public ways and places. In order to beautify, the Company will make every effort to utilize present utility poles and shall, where practical, bury as much of its equipment underground for esthetic purposes. The Company shall move, at its own expense, its towers, poles, wires, anchors, cables, manholes, conduits and other appurtenances when requested to do so by the City Council of the City of Baytown for the safety or convenience of the City or its franchise holders or citizens affected thereby. It is ex- pressly provided that whenever by reason of the construction, repair, or maintenance of the relocation, lowering of the grade, widening, raising of any street, alley, way or public place by the City of Baytown or by the location or manner of construction, reconstruction, maintenance or repair of any public structure or facility by the City, it shall be deemed necessary by the Council to relocate, move, change, alter or modify any of its facili- ties, such change, relocation, alteration or modification shall be promptly made by the Company when ordered in writing by the Council without claim for reimbursement or damages against the City. Upon notification to Company, as herein provided, the said Company shall remove, re -lay and re- locate its poles, wires, underground conduits, manholes and other appurtenances and fixtures at its own expense. All transmission and distribution structures, lines and equipment erected by the Company within the City shall be so located as to cause minimum interferences with the proper of streets, alleys and other public ways and places, and to cause minimum interference with the rights of rea- sonable convenience of property owners who adjoin any of said streets, alleys or public ways or places. The Company shall not place poles or other fixtures where the same will interfere with any gas, electric or telephone fixture, water hydrant or main, drainage facility or sanitary sewer, and all such poles or other fixtures shall be placed as directed by City and in such manner as not to interfere with the usual travel or use of streets, alleys, public ways or other properties. The Company shall, on the request of any person holding a building permit issued by the City, temporarily raise or lower its wires and cables to permit the moving of buildings, the expense of such temporary removal to be borne by mover. The Company shall be given, at lease forty -eight (4$) hourse advance notice to arrange for such temporary wire or cable changes. Section 7: All installations made by the Company shall be made in good, substantial and safe conditions and shall be maintained in such condition at all times. The surface of any street, alley or other public place disturbed by Company in constructing, erecting, maintaining, operat- ing or repairing its system shall be restored immediately by Company after the completion of the work to as good a condition as before the commencement of the work. No street, alley or public place shall be en- cumbered for a longer period than shall be necessary to execute the work and location of all facilities of Company. All towers, poles, manholes and conduits, and all anchors and cables shall be placed and all excava- tions and other construction in the streets, alleys or public places shall be carried on in such a manner as to interfere as little as possible with the use of the street, alleys and public places and with the use of private property, and in accordance with any direction given by or under authority of the City Council of the City of Baytown under the police and regulatory powers of the City. Company shall also carry a faithful performance bond approved by the City Attorney in a sum of Fifty Thousand ($50,000.00) A Dollars, in favor of the City of Baytown. Section 8: Company shall indemnify and save the City whole and harmless from any and all claims for injury or damage to persons or pro- perty occasioned by or arising out of the construction, erection, maintenance, operating or repair of said television signal system or by the conduct of Company's business in the City. Section 9: The Company shall, unless the City Council directs otherwise, procure and furnish and file with the City Clerk a policy of insurance approved by the City covering liability and property damage with the minimum amounts of liability thereunder as follows: Two Hundred Thousand ($200,000.00) Dollars for any one single personal injury to any one person; Three Hundred Thousand ($300,000.00) Dollars for personal injury in any one single accident; and One Hundred Thousand ($100,000.00) Dollars pro- perty damage for any one single accident. Should the Council decide that these sums are inadequate during the term of this franchise, same may be raised to any reasonable limit. Section 10: As compensation for the rights and privileges herein conferred, Company shall pay to the City each year during the life of this privilege an annual payment consisting of a sum of money equal to Three and one -half (3� %) percent of the annual gross receipts received by the Company for the rendition of television signal service within the City of Baytown. Said payment shall be due and payable on the 1st day of April of each year for the preceding calendar year, and such payment shall be exclusive of and in addition to all ad valorem taxes and special assessments for muni- cipal improvements. Company hereby guarantees the City, starting at the end of the year 1966, a minimum of One Thousand Five Hundred ($1,500.00) Dollars per year should gross receipts be less than anticipated. Should the Company use any of the City's poles, Company shall pay City Three ($3.00) Dollars for each pole used per year as rental charge. Section 11: Concurrent with such payment, the Company shall render in writing to the City a full, true and complete statement of its gross re- ceipts during the calendar year involved. Section 12: Service furnished by Company shall be first class F, service and the same shall be furnished to every person within the City of Baytown within reasonable reach of Company's facilities, and within reason- able time after demand or request for such service has been made, upon equal and exact terms with the same class of service. The Company shall, where necessary to supply any person who will contract with it for its ser- vice and pay to Company in cash at said time three (3) months advance service charge and who may make written demand therefor, extend any of its existing cables a distance of not to exceed one hundredd (100') feet per customer. If services are not provided within twelve (12) months, deposits made by potential subscribers shall be refunded at the request of the sub- scriber, in full with Six (b %) percent per annum interest added. Section 13: The Company shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable the Company to exercise its rights and perform its obligations under this franchise, and to assure an uninterrupted service to each and all of its customers, subject to the rules and regulations of the City of Baytown as herein provided. Section 14: The Company hereby agrees to distribute radio and television signals requested by Civil Defense and disaster authorities on all channels free of charge; the Company shall also furnish satisfactory weather information service and news service. Section 15: The Company recognizes that the Council has the right to regulate rates and services and the Company hereby agrees that such rates and services may be adjusted by the Council as provided by law. Section 16: The Company will provide free service to all public and parochial schools and public buildings adjacent to the facilities of the Company and should service not be available adjacent to public and parochial schools and public buildings, that service will be furnished to such schools and public buildings at cost only and thereafter no monthly charges therefor. Furthermore, all of such public and parochial schools and public buildings shall enjoy the free use of Company's studio facili- ties at all reasonable times and hours. r Section 17: The Company has and shall keep competent, professional people on duty to ensure the citizens of Baytown of a high level of service; furthermore, Company has provided for adequate financing and will continue to do so and will keep its records and books open to inspection at all rea- sonable times by the City Council and Baytown's administrative staff. Whenever it is necessary to shut -off or interrupt service for the purpose of making repairs, adjustments or installations, the Company shall do so at such time as will cause the least amount of inconvenience to its customers, and unless such interruption is unforeseen and immediately necessary, it shall give reasonable notice thereof to its customers. Section 18: That the Company hereby agrees that it shall not sell television sets, antennas or service same. Company will leave this responsibility to the television service and sales businesses. Section 19: Company may prescribe a residential rate not to ex- ceed Four and 95/100 ($4.95) Dollars per month per connection to any individual dwelling unit, and in addition thereto, Company may make a reasonable installation charge not to exceed Twelve ($12.00) Dollars. Company may provide additional and other services for which it may make a reasonable charge, subject to approval of the City Council. Additional sets per resident over one (1) will be One and no /100 ($1.00) Dollar per set per month. Section 20: The Company shall, at all times during the life of this franchise, be subject to all lawful exercise of the police power by the City and to such reasonable regulation as the City shall hereafter by valid resolution or ordinance provide. Section 21: The Company shall not sell or transfer its plant or system or privilege to another, nor transfer any rights or privileges given under this franchise to another except with the written approval of the City Council and which consent shall be evidenced by a resolution spread upon the minutes of the City Council. Section 22: The authority and rights herein granted shall take effect immediately upon execution of this franchise by the City and shall continue in force and effect for a term of twelve (12) years after the effective date hereof. Section 23: Company shall at all times operate in accordance with the Rules and Regulations of the Federal Communications Commission. In the event there should be a conflict between any of the provisions of this franchise and the Rules and Regulations of the Federal Communications Commissions, then the Rules and Regulations of the Federal Communications Commission shall control. Section 24: Company shall, within thirty (30) days from the date of the final passage of this Ordinance by the City Council of the City of Baytown, file with the City Clerk of Baytown a written statement signed in its name and behalf by an officer of the Company duly authorized by its Board of Directors in the following form: "The Honorable Mayor and the City Council of the City of Baytown: Baytown Community Television, Inc. for itself, its successors and assigns, hereby accepts the attached ordinance finally passed by the City Council of Baytown, the day of , 1966, and agrees to be bound by all of its terms and provisions. By: Officer Dated Section 25: The Company guarantees that installation of its faci- lities shall in no way interfere with reception of commercial television transmission by subscribers or non - subscribers to the Company's services. Section 26: The Company agrees that it will not sell advertising until such time as the Federal Communications Commission approves local origination of programming. This franchise ordinance shall be read at three (3) separate regular meetings of the City Council and shall not be finally passed until at least thirty (30) days d ter the first reading and shall not take effect until sixty (60) days after its final passage and pending such time, the full text of this ordinance shall be published once each week for four (4) consecutive weeks in the Baytown Sun and expense of such publication shall be borne by the Company. INTRODUCED, READ and PASSED by the City Council of the City of Baytown, this the .,day of �.P.t 19b6. ,�r.t;J _ , is Seaborn Cravey, Mayo ATTEST: Edna Oliver, City Clerk APPROVED AS TO FORM: George andler, City Attorney ;i