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Ordinance No. 1,137ORDINANCE NO. 1137 AN ORDINANCE GRANTING TO SOUTHWEST VIDEO CORPORATION, INC., THE RIGHT, PRIVILEGE AND FRANCHISE TO CONDUCT WITHIN THE CITY OF BAYTOWN, TEXAS, A CABLE SIGNAL DISTRIBUTION SYSTEM AND BUSINESS FOR THE PURPOSE 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 PRE- SENT 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 NO EXISTING, OR AS SAID CITY LIMITS MAY HEREINAFTER 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; AND PRO- VIDING FOR THE ACCEPTANCE OF THIS FRANCHISE BY THE COMPANY. Section 1: Grant of Authority_. In consideration of its compliance with the terms agreed to with the City Council of the City of Baytown, there is hereby granted to Southwest Video Corporation, a Texas Corporation, hereinafter called "grantee," for the term of twelve 12 ears from the effective date of this ordinance, the right, privilege, and franchise, to operate, acquire, construct, reconstruct, maintain, use, and operate in the City of Baytown, Texas, a city -wide signal receiving, amplifying, and distribution system and service, hereinafter called a "community antenna television system," and to have, acquire, construct, reconstruct, maintain, use and operate in, over, under, along, and across the present and future streets, highways, alleys, bridges, and public ways, sidewalks and places of the city all necessary or desirable poles, towers, anchors, wires, cables, electronic conductors, underground conduits, manholes, and other structures and appurtenances necessary for the construction, maintenance, and operation of a community antenna television system in said City. Section 2: Use, Rental, or Lease of_ Utility Poles and Facilities There is hereby granted to Southwest Video Corporation, the authority to contract with the city or with any appropriate board or agency thereof or with the holder or owner of any utility franchise in the City of Baytown for the use, rental, or lease of its or their poles, and underground conduits, and other structures and facilities for the purpose of extending, carrying, or laying grantee's wires, cables, electronic conductors, and other facilities and appurtenances necessary or usable in receiving, amplifying, and distributing television signals and in providing community antenna television service in the city. Section 3: Installation of ent. The Grantee shall have the right and privilege to erect poles, lay lines, wires, cables, conduits and other necessary electronic signal devices, for the purposes 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 present and future streets, highways, alleys and public ways of the City. Provided, however, said Grantee shall utilize to the extend practical the communication zones of the existing utility pole installations of Houston Lighting 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: Termination of Franchise. The Grantee shall, within one (1) year from the grant of this franchise, have a community antenna television system under construction and, within two (2) years after the grant of this franchise, have its facilities available to no less than twenty (20%) percent of the dwellings in the City of Baytown. Should the Grantee fail to do so within these times the City Council may cancel and terminate this franchise. This franchise may also be cancelled and terminated by Council, after notice to Grantee if it is determined that the quality and /or type of service being rendered is not beneficial to the citizens of Baytown, or if the terms and provisions of this ordinance are violated. -2- Section 5: (a) Location of Structures. All transmission and distribution structures, lines and equipment erected by the Grantee 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 Grantee will make every effort to utilize present utility poles and shall, where practical, bury as much of its equipment underground for esthetic purposes. The Grantee shall move, at its own expense, its towers, poles, wires, anchors, cables, manholes, conduits and other appurtenances when requested to do so by the Administration of the City of Baytown for the safety or con- venience of the City or its franchise holders or citizens affected hereby. It is expressly 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 Administration to relocate, move, change, alter or modity any of its facilities, such change, relocation, alteration or modification shall be promptly made by the Grantee when ordered in writing by the Council without claim for reimbursement or damages against the City. Upon notification to Grantee, as herein provided, the said Grantee shall remove, relay and relocate its poles, wires, underground conduits, manholes and other appurtenances and fixtures at its own expense. All transmission and distribution structures, lines and e- quipment erected by the Grantee within the City shall be so located as to cause minimum interference with the proper of streets, alleys, and other public ways and places, and to cause minimum interference with the rights of reasonable convenience of property owners who ad- join any of said streets, alleyways, or public ways or places. -3- The Grantee 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 places 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. (b) Restoration. In the event of any disturbance of any pavement, sidewalk, driveway, or other surfacing, the grantee shall, at its cost and expense and at the time and in the manner prescribed by the governing body of the city or its duly designated represent- ative, replace and restore all such pavement, sidewalk, driveway, or other surface to as good a condition as before the commencement of the work or activity by grantee disturbing same. (c) Relocation. Whenever by reason of the construction, repair, maintenance, relocation, widening, raising, or lowering of the grade of any street, highway, alley, or other public way or place by the city or repair or any public structure or faciltiy by the city, it shall be deemed necessary by the governing body of the city for grantee to move, relocate, change, alter, or modify any of its facilities, such change, relocation, alteration, or modiciation shall be promptly made by grantee when ordered in writing by the governing body of the city without claim for reimbursement of cost or damages against the ci ty. . (d) Temporary Removal of Wire for Building Moving. Grantee, upon the written request of any person holding a building moving per- mit issued by the city, shall remove, raise, or lower its wires tem- porarily to permit the moving of houses, buildings, or other bulky structures. The reasonable expense of such temporary removal, raising, or lowering shall be paid by the benefited person or persons and Grantee may require such payment in advance; except when the removed, raising, or lowering is for the benefit of the city, in which case the expense shall be borne by the Grantee. Grantee shall be given not less than -4- forty -eight (48) hours advance notice in writing to arrange for such temporary wire changes. (e) Tree Trimming. Grantee shall have the authority, to the same extent that the city has such authority, to trim trees upon or overhanging streets, highways, alleys, bridges, or other public ways in order to prevent the branches of such trees from coming in contact with the wires, cables, electronic conductors, or other facilities or equipment of the grantee. (f) Construction, Maintenance, and Installation. The con- struction, maintenance, and installation of equipment and facilities of grantee, including connections to subscribers of grantee's service, shall be in accordance with all applicable ordinances and regulations of the city. All equipment and maintenance will be of high quality. (g) Placement of Fixtures. The grantee shall not place poles, towers, or similar fixtures where the same will interfere with any gas, electric, or telephone fixtures, water hydrant or main, drainage facility or sanitary sewer, and all such poles, towers, or similar fixtures shall be placed as directed by the city and in such manner as not to interfere with the usual travel or use of streets, highways, alleys, or other public ways or places. Section 6. Compliance with A2plicable Laws. The work done in connection with the construction, reconstruction, maintenance, or re- pair of said community antenna television system shall be subject to and governed by all laws, rules, and regulations of the City of Baytown, the State of Texas, and the United States and its bureaus, agencies, and commissions, now in force, or that may be hereafter passed and adopted, for the government and regulations thereof, and not inconsistent herewith. Section 7. Subject to Police Powers of City. The construction, maintenance, and operation of grantee's community antenna television system and all property of grantee subject to this ordinance shall be subject to all lawful police powers and regulations by the governing body of the City of Baytown. The city shall have the power at any -5- time to order and require grantee to remove and abate any pole, tower, wire, cable, electronic conductor, or other structure or facility that is dangerous to life or property and, in the event grantee, after written notice, fails or refuses to act, the city shall have the power to remove or abate the same at the expense of the grantee all without compensation or liability for damages to grantee. Section 8. Indemnification. Grantee shall indemnify and save the city whole and harmless from any and all claims for injury or damage to person or property occasioned by or arising out of the construction, erection, maintenance, repair, or operation of said community antenna television system or by the conduct of grantee's business in the city. Section 9. Insurance. Grantee shall procure, furnish, and file with the City Secretary a policy of insurance covering liability and property damage with the minimum amounts of liability thereunder as follows: Two Hundred Fifty and No /100 Thousand ($250,000) Dollars for any one single personal injury of any one person; Five Hundred and No /100 Thousand ($500,000) Dollars for personal injury in any one single accident; and Two Hundred and No /100 Thousand ($200,000) Dollars property damage for any one single accident. Section 10. Grantee's Rules. The grantee shall have the authority to promulgate such rules, regulations, terms, and conditions governing the conduct of its business as shall be reasonably neces- sary to enable the grantee to exercise its rights and perform its obligations under this ordinance, and to assure an uninterrupted service to each and all of the subscribers to its service. Provided, however, that such rules, regulations, terms and conditions shall not be in con- flict with the provisions hereof or with laws, rules, and regulations of the City of Baytown, the State of Texas, or the United States, its bureaus, agencies and commissions. Section 11. Payment to _C_it_y. As compensation for the rights, privileges, and franchises herein conferred, grantee shall pay to the City each year during the life of this franchise, an annual sum of money equal to three (3%) percent of the annual gross receipts received N by the grantee under this franchise. Said sum of money shall be payable quarterly on or before the last day of quarter following, and shall be exclusive of and in addition to all ad valorem taxes, special assessments for municipal improvements, and, where applicable contractual rental or lease charges for the use by grantee of municipally owned electric poles and facilities. Section 12. Records and Reports. The grantee shall at all times maintain adequate records of gross receipts received by grantee under this franchise, which records of gross receipts shall be available at all reasonable times to inspection by the city through its duly designated officers, agents, or representatives and shall render a full true and complete statement of its gross receipts concurrent with the quarterly payments of the franchise fee. Section 13. Rates. Grantee may prescribe a rate not to exceed Five and 25/100 ($5.25) Dollars per month per connection for the first outlet and the sum of One and no /100 ($1.00) Dollar for each additional outlet. Grantee may prescribe a connection fee not to exceed Twelve and no /100 ($12.00) Dollars for which it may make a reasonable charge, subject to approval of the City Council. No change in rates will be made without approval of City Council. Section 14. Extension of Service. Installation and maintenance by Grantee shall be first class service and the same shall be furnished to every person within the City of Baytown within reasonable time after demand or request for such service has been made, upon equal and exact terms with the same class of service. All interference with reception of subscribers or non - subscribers caused by Grantee's equip- ment shall be investigated and abated immediately. The Grantee shall, where necessary to supply any person who will contract with it for its service and pay to Grantee 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 nor to exceed one hundred (100') feet per customer. If services are not provided within twelve (12) months, deposits made by potential subscribers shall be refunded at -7- the request of the subscriber, in full with six (6%) percent per annum interest added. Section 16. Assignment. The Grantee 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 to which consent shall be evidenced by a resolution spread upon the minutes of the City Council. Section 17. Equipment and Operation. In order to provide ade- quate Civil Defense and Disaster Service information and to prevent the distribution of defamatory, obscene, and other programs which, for any reason, may be actionable, grantee agrees to install a system with the capability, equipment, facilities, and personnel necessary to immediately interrupt signals being distributed on any one channel or on all channels at once, and to transmit other program or signal in the place of the signal or program interrupted. Further, the Grantee, will distribute radio and television signals requested by Civil Defense and disaster radio and television signals requested by Civil Defense and disaster authorities on all channels, free of charge and will furnish satisfactory news and weather information service, and the Grantee will provide free service to all educational institutions and public buildings, also educational institutions with no monthly charges therefor. Further- more, all of such educational institutions and public buildings shall enjoy the free use of the Grantee's studio facilities at all reasonable times and hours. The Grantee shall provide the maximum number of channels allowed by the FCC regulations. Section 18. Most Favorable Cit . The Grantee shall, at all times during the life of this franchise, be subject to all lawful ex- ercise of the police power of the City and to such reasonable regulation as the City shall hereafter by valid resolution or ordinance provide. The City may by written notification to Grantee demand and have inserted by amendment to the franchise any provision in any other franchise granted the Grantee by any other municipality, and Grantee by its ac- ceptance hereof agrees to such subsequent amendments at City's option. im Section 19. Conflict with FCC Regulations. Grantee 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 Commission then the Rules and Regulations of the Federal Communications Commission shall control. Section 20. Acceptance_. Grantee 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: Southwest Video Corporation for itself, its successors and assigns, hereby accepts the attached ordinance finally passed by the City Council of Baytown, the- /Lday of and agrees to be bound by all of its terms and provisions. 011T fcer Dated: I. C��'' :� ZZ Section 21. Savings Clause. If any section, sentence, clause, or phrase of this ordinance is for any reason held to be illegal or un- constitutional, such invalidity shall not affect the validity of the remaining portion of this ordinance. M Section 22. Effective Date. The authority and rights herein granted shall take effect immediately upon passage of this ordinance by the City Council and shall continue in force and effect for a term of twelve (12) years after the effective date hereof; unless otherwise cancelled or terminated. ATTEST: 1 �- � i LJ OLIVER, City Clerk APPROVED: 0 REEL RICHARDSON, City Attorney C. GLEN WALKER, MAYOR -10-