Ordinance No. 3,07160227 -1c
AN ORDINANCE t;RA:•;TIAO TO Sr)U1H:' EST VIDEO r,OP;.a AT TU',
INC,, (WHOLLY OWNED SUBSIDIARY OF 1ELEPRO'' PTEP CORPr?P
ATION) THE nIGHT, PRIVILEGE AND FIt-:NCHISE TO CONDUCT
WITHIN THE CITY OF nAYTOWNY , TEXAS, A CABLE SIGNAL D I
TRIBUTIO'` SYSTEM AND BUSINESS FOR THE PUPPOSE OF OPERA -
TING A V IDIO AND TELEVISION SIGNAL SYSTEM TO RECEIVE,
AMPLIFY AND LTSTRIBUTE TELEVISION AND RADIO SIGNALS AND
TO TENTER UPON, ERECT, CONSTRUCT, 'MAI`v'TAIN, EXTEND, U E-
PAIR, REPLACE AND REMOVE IN, UNDER, UPON, WITHIN, OVVn,
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 'TAY
HEREINAFTER BE i�:,: TENDED: PRESCRIBING THE CONDITIONS
GOVERNING THE OPH RAr.ION 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 PROVIDING FOR THE ACCEPTANCE OF THIS FRANCHISE BY
THE COMPANY.
WHEREAS, SOUTHWEST VIDEO CORPORATION, a subsidiary of
Teleprompter Corporation, 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 conditions
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. Definitions.
For the purpose of this ordi-
nance the following terms, phrases, words and derivations
shall have the meaning given herein. When not inconsistent
with the context words used in the plural number .include the
singular number, words in the singular number include the
plural number. The word shall is always mandatory and not
merely directory.
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(a) "City" shell moan the City of iW, tc)wn, Kint._ r,.
'i eNas .
( b ) -Company" shall mean Soutl wezt Vidoo ( C7rpnr a i : an ,
a wholly owned subsKiary of Teleprompter Corporation.
(c) "Cable Communications System or System" shall mean
a system of antennae, cable, amplifiers, towers,
microwave links, waveouides, laser beans, saLellites,
earth stations, or any other conductors, converters,
equipment, or facilities, designed and constructed
for the purpose of producing, receiving, amplifying,
storing, processing or distributing audio, video,
digital, or other forms of electronics or electrical
signals.
(d) "Person" is any person, firm, association, corporation,
company or organization of any kind.
(e) "Property of the Company" means all property
owned, leased, installed or used by the Company in
the conduct of the Cable Communications System.
(f) "Annual Gross Receipts" shall mean any receipts
received by the Company from the operation of the
Cable Communications Systems within the City,
including those revenues derived from premium
programming services delivered to the subscriber
via the Cable Communication System. Gross receipts
shall not include receipts derived from any taxes
on services furnished by the Company imposed
directly on any subscriber or user by any City,
State or other governmental unit and collected by
the Company for such governmental unit.
(g) "Basic Subscriber Service" means (a) all broadcast
signals retransmitted on the Cable Communications
System; (b) all programming transmitted on the
public, educational, local access or combination
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tonal CS_"._zinacion t'haQnn1q, P% .y{ pr n... prr—.
g rsimming and (d) p r ov i inn of any "H Y_ v r• t;onn ,. _ ry
for reception of (a), (b); and (n) above.
W "Premium h..ograrmzng— means programming dal ivered
to subscribers over the Cable Communications
System for a fee or charge over and above the fee
or charge for Basic Subscriber Service.
Section 2. Purpose. A non - exclusive franchise is
ereby granted to Southwest Video Corporation, a wholly
owned subsidiary of Teleprompter Corporation, ( "Company "),
vo install, construct, operate, maintain, reconstruct and
expand a cable communications system within the public
streets, ways, alleys, public utility easements and places
of the City of Baytown, Texas ( "City "). This franchise
shall constitute both a right and an obligation to provide
the service of a cable communications system as required by
the provisions of this ordinance.
Section 3. 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, for the term of
fifteen (15) years 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, ampli-
fying, and distribution system and service, hereinafter
called a "community antenna television system ", and to
hate, 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
;Ies, towers, anchors, wires, cables, electronic conductors,
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d ,s . 1Lf1C.I ot;i,,, -t- sL ri,,c.t l,lrs nd
_z " ?'? lrtt'Illl[ICG'S [1E.'Ce S ll'`' Eor till Cf�TlitY'Ll :tl_()rl, i3111L:IiiLfi £:
:_td operation of a contniunity antenna LeleVi_,:�ion sy4t, em in
-aid City.
Section
n- Use,
Rental,
or Lease
of Utility
Poles an
Facilities.
There is
hereby
granted to
Southwest.
Video
Corporation, the authority to contract with the Cit,,; or a-ith
any appropriate board or agency thereof or with the holder
-,r owner of any utility franchise in the City of Baytown for
the use, rental, or lease of its or their poles, and under-
around 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, amplifyin;,
and distributing television signals and in providing com-
munity antenna television service in the City.
Section 5, installation of Equipment. The.Compan
shall have the right and privilege to erect poles, la -y
lines, wires, cables, conduits and other necessary electronic
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 present and future streets,
highways, alleys and public ways of the City. Provided,
however, said Company shall utilize to the extent practical,
the communication zones of the existing utility pole instal-
lations of Houston Lighting and Power Company and General
Telephone Company of the Southwest through agreement �,Ath
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, highway -s, alleys, bridges, public
,..ays and other public places granted or which may hereafter
be granted to it under the Constitution of the State of
leass, the Home Rule Statutes and its Charter.
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c -t ion G) . Pre)�-i-,io!I
�-),, -,) vide Cable CO mmunie- ttion:-_' ti:°"_ >U_11(Ll, tile. City
') "IrSL,'., 71C�T1 t.Ii l 5 tif,CL
(a )
At the end o f the two ( 2 ) r(,ar ,period fol lowing ,,
the effective data of this franchise, the Company
will provide (.able ser%,ice to all (- existing d%:,elli_ng
units and apartment complexes in the present
corporate limits of Baytown and failure to provide
such service shall be a material breach of the
franchise. The Company will be upgrading and
adding to the existing cable service in order to
provide the residents of Bayto;sn expanded cable
services.
(b) The Company shall within sixty (60) days subsequent
to the effective date of this franchise, post a
construction bond with the City written by a
surety= authorized to do business in the State in
the amount of $250,000.00. Said bond shall be.
conditioned that the Company shall duly observe,
fulfill and perform each condition of this fran-
chise insofar as the satisfactory completion of
construction within the time schedule as herein
provided and said bond may be cancelled when said
construction is subsequently completed.
(c) Recovery shall be had from the aformentioned con-
struction bond only after written notice of omission
has been given by the City to the Company and the
Company has failed to correct the same within
sixty (60) days of receipt of said notice.
(d) The Company shall not be in violation of this
section and no damages will be recoverable if
Company is prevented from performing their duties
and obligation, as set out in the construction
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sch�.�clu:lr� by an '1c•` of ('Yod, 1abr)r
or r ontr'1r t r;rs' in -tbi 1 i t.y t() r i,r!el�
or r,'jt,erials, or other caiisc� of liks oi, c? r ferunt
n,at.ure beyond the control of the Cor:iparry,
referred to as -Acts of God ".
Section 7. Extension of Service.
(a) In any area subsequently annexed by the City, the
Company will provide cable television service
provided there are a minimum, of seventy --five ( 75 )
dwelling units per mile.
(b) System Expansion to _New or Existing Developments,
Underground Construction:
The Company may extend cable or conduit to all new
residential developments as they are constructed.
Costs of trenching, conduit, pedestals and /or
vaults and laterals as well as easements required
to bring service to and within the development
shall be borne by the developer and /or landoti,ner.
All installations and construction by developer
and /or landowner shall be to the specifications of
the Company.
(c) The foregoing notwithstanding, requests for service
more than one hundred fifty (150) feet distance
from the distribution cable to connection of
service to subscriber or a density of less than
eight (8) subscribers per one thousand (1,000)
feet of cable system (average of forty (40) subscribers
per mile), in order that existing subscribers
shall not be made to bear the cost of the ex-
tension, cable communications service shall be
made available on the basis of a capital contri-
bution by the prospective subscriber and the
Company including reimbursement for the Company's
normal cost of materials, labor and the obtaining
of necessary easements.
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l 1'. in.- :;' : "!' 1 n slla ] 1 h(, cons t'."' 'kl
C:o'.'.`.1)3,ny fro":-- tierV f aE; rE'7L� 3l El'. )� (?l'(:C'a l'I, 1 r
sr'.'tL011 u"') ".'[I a !!I ell
t; 1':]to C1F".'t'1f)p�_'I:; ?r "��;�ET�'•
owners, or residents.
Section g. Location of Structures. A11 tra,isr- .Ission
and distribution structures, l.iiie, -; and equipment er- -cted by
the Company within the City shall be so located as zo 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 as possible 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 apurtenances
when requested to do so by the Administration of the City of
Baytown for the safety or convenience of the City or its
franchise holders or citizens affected hereby. 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 r- canner 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 modify any of its .facilities, 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 notifi-
cation to Company, as herein provided, the said Company
shall remove, relay and relocate its poles, wires, under-
ground conduits, manhole and other appurtenances and fix-
tures at its own expense.
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X11] t ransmissi"n and d i srr i bution structures, ! i no nrid
equipment crec red by the Company within the C
located as to cause minimum interference with
of streets, alleys, and other public nays and
cause minimum interference with the rights of
convenience of property owners who adjoin any
alleyways, or public ways or places.
the proper us(.
places, Lnd t')
ru sunab'_-
of said streets,
(a) Restoration. In the event of any disturbance of
any pavement, sidewalk, driveway, or other surfac-
ing, the Company 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 desig-
nated representative, 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 the Company disturbing
same.
(b) Relocation. Whenever by reason of the constr=jnn,
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 of any public structure or facility- by the
City, it shall be deemed necessary by the governing
body of the City for the Company to move, relocate,
change, alter, or mortify any of its facilities,
such change, relocation, alteration, or modification
shall be promptly made by the Company when ordered
in writing by the governing body of the City- with-
out claim for reimbursement of cost or damages
against the City.
(c) Temporary Removal of Wire for Building Moving.
The Company, upon the written request of any
person holding a building permit issued by the
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Cit: , sh <.._ ; romove rai-e ,t , „c;r its V.-4 r(=5
teir,porari 1 t(-) permit tilt' t,iovi of 4I es })ui.lcl-
ings , or c>ri;Cr bully strut Lures. Th{: r ,ah1,
expense of such Lemporary removal,
lov:ering 5!�all be paid by the benefited persn n r�r
persons and the Company may regt;ire such payinent
in advance; except when the removal, raising, or
lowering is for the benefit of the City, in which
case the expense shall be borne by the Company-.
The Company shall be given not less than forty -
eight (48) hours advance notice in writing to
arrange for such temporary wire changes.
(d) Tree TrimLning. The Company shall have the autho-
rity, 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 branches of such
trees from coming in contact with the wires,
cables, electronic conductors, or other facilities
or equipment of the Company.
(e) Construction, Maintenance, and Installation. The
construction, maintenance, and installation of
equipment and facilities of the Company, including
connections to subscribers of the Company's service,
shall be in accordance with all applicable ordinances
and regulations of the City. All equipment and
maintenance will be of high quality.
(f) Placement of Fixtures. The Company 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,
highV'ays, alleys, or other pukblic•. ways or pl cos.
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Section J. Cor lirance 1`;ith 01pp1ic:Qj _Laaws and nrdintt, ens.
The Company: shall conEorm to ali appltvahlp laws, ruLes and
regulations of the United Stites, the State of Texas and the
City of Baytown in the construction and operation of its
Cable Communications System. The City reserves the right to
adopt such additional regulations as it shall find necessary
in the exercise of its police power, provided such regulations
are reasonable and not materially in conflict with the
rights and privileges granted in this franchise. The City
specifically reserves the right to adopt ordinances regulating
the cable rates charged by the Company.
Section 10. Subject to Police Powers of the City. The
construction, maintenance, and operation of the Company's
community antenna television system and all property of the
Company 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 a
any time to order and require the Company to remove and
abate any pole, tower, awe, cable, electronic conductor, or
other structure or facility that is dangerous to life or
property, and, in the event the Company, 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
Company all without compensation or liability for damages to
the Company.
Section 11.
Indemnification of Citv. In order that
the City shall be protected:
(a) The Company shall at all times hold the City
harmless from all claims, liability, or damage of
every kind and description (herein collectively
referred to as claims) including; court costs and
reasonable attorney's fees, which may arise out of
the sole. negligence of the Company in the ownership
of the Cable Communications. System, provided that"
the City shall give the Company written notice
within five (5) days of any claims filed against.
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60227- -21
it The 0,- any -th tll
have th- r-f_;'ht rr,
settle?, nr
c()mpromise
ally claim. �ri�iz�;;!
her
at t.
i r i
, ' ?c l]
fLLJIt' cooperate
with the
Company in the
c.ir fen-
se t. dement ,
or compromise
of said C taint ;
SllitS ,
actions or
other legal
proceedings_
Section 12. Insurance. The Company shall maintain in
wall force and effect during the life of this franchise,
-c,,blic liability- insurance with an insurance company authorized
-o do business in the State in the amount of:
(1) $500,000 property damage in any one accident;
(2) $700,000 for personal injury to any one
person;
(3) $1,000,000 for personal injury in any one
accident.
Section 13. Company's Rules. The Company shall have
the authority to promulgate such rules, regulations, terms,
and conditions governing the conduct of its business as
shall be reasonable necessary to enable the Company 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 conflict 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 14. Payment to the City. As compensation for
the rights, privileges, and franchises herein conferred, the
Company shall pay to the City each year during- the life of
this franchise, an annual sum of money equal to three per
cent (3 %) of the annual gross receipts received by the
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compnin Lrn(ler this 1 r-i.r�,.11i_ i
_)�-t able quarterly on car be£c�rr, sixty (CU) r_ia.ys attct' LYE_
last, clay of ea�.h calendar quarter, and shad.
and in addition to all ad valorem taxes, special assessmr: -nt.-
for municipal improvements, and, where applicable contractual
rental. or lease charges for the use by Company of rnuni c,i,jal It
owned electric poles and facilities.
Section 15
Records and Reports. The Company shall at
all times maintain adequate records of gross receipts received
by Company 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 stater.?ent of its gross receipts concurrent with the
quarterly payments of the franchise fee. The Company- also
!rust make available to the City at all reasonable times any
other records that may be necessary to carry out or enforce
the provisions of this Agreement.
Section 16. Approval of Transfer. The Company may not
sell or transfer its rights under this Ordinance to another,
other than a parent company or a wholly- owned subsidiary- of
a parent company, except as security for monies borrowed,
:Without Council approval. Such Council approval shall not
be unreasonably withheld.
Section 17.
Service requirements.
(a) The Company shall offer a minimum of 15 television
channels to each subscriber.
( (b) The Company shall not permit the transmission of
nor shall the Company receive any signal., aural,
visual or digital, including polling channel
selection, from any subscriber's premises without
first obtaining written permission of the subscri-
ber. This provision is not intended to prohibit
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60227 -2n
the LfsG 07' S. 1'i }.tl.:�i711�4sion (7 01"1 ,' i(,I
ttie <'()ntroI or STlE'<iSu -_,Inert of -, y,�;tE.rii 0 0ri (i1'rh',Lrl"(.'.
(t:) The, Company shall not permit; thc, in�:Vi 1 t',ition of
any special term nal equipment in any iber s
premises that will permit transmission irnm subscri-
ber's premises of a two -way service utilizing
aural, visual or digital signals without first
obtaining written perinission of the subscriber.
(d) At the option of the subscriber, the Company shall.
provide at cost, a device capable of blocking out
or otherwise disabling a television set from
receiving those channels upon which. the Company
imposes a charge based upon a per - program basis or
a per - channel basis. This device shall be designed
to permit a subscriber, by the use of a key or
similar locking system, to prevent others, who do
not have a key, from viewing or receiving the
programs on the aforementioned channels.
(e) The Company may interrupt system service after
7:00 a.m. and before 1:00 a.m. only with good
cause and for the shortest time possible and,
except in emergency situations, only after giving
notice, reasonably calculated to reach subscribers,
of service interruption at least twenty -.tour (24)
hours in advance of the service interruption.
Service may be interrupted between 1:00 a.m. and
7:00 a.m. for routine testing, maintenance, and
repair, without notification, except on Saturday,
Sunday, or a holiday.
(f) The Company guarantees that installation of its
facilities shall in no way interfere With the
reception of commercial television transmission by
subscribers or non - subscribers to the Company's
services.
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60227 -2o
Section
1S.
Secvices to
Schools and
11 u1)'1 .'..iilcl.iri
The Co,.,pany
shall furnish
its cable
telc:,
free of char -,e to all public, private and parochial Schools
as well as to all public buildings and lacil..itic>s in the
City. '.Major trunk and distribution cables shall be ruuteO
near such buildings and facilities where possible: or where
the cable system service lines are in the area of such
buildings or facilities, feeder lines will be extendfnd to a
service point outside the school or public building or
facility. All attachments to schools and public buildings
and facilities shall be at the Company's expense, but distribution
of the system within these buildings shall be at the expense
of the schools or responsible public agencies. It is further
understood and agreed that service to schools and public
buildings and facilities will be supplied in a logical
extension of the cable service system into each building; or
facility rather than construction specifically serving a
school or public building because of the cost and time
required to build a complete system.
Section 19
Emergency Provision. In the case of any
emergency or disaster, the Company shall., upon request of
the City, make available its facilities to the City for
reasonable use during the emergency or disaster. The Company
shall in no way be held liable for any injury suffered by
the City or any person, during any emergency, if for any
reason the City is unable to make full use of the Cable
Communications System as contemplated herein.
Section 20.
Conflict with FCC Regulations. The 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 Commission then the Rules and
Regulations of the Federal ComRlunicat ions System shall
control.
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Section 21. Subscriber t'cEations. The fotlo%t i_nh
coinpl.ai nt procedure is estabi ishod:
(a) The Company- shal l iiaintain a local bu- .J.no.. s- of tics
or agent, % -,h ich subscribers maS7 to Lcphone during
regular business hours without incurrinn added
message or toll charges, so that Cable Communications
maintenance service shall be promptly available.
Section 22. Revocation of Franchise. The City shall
have the right to revoke or cancel this franchise for a
material breach of any of the material terms and conditions
of this franchise by the Company. No such revocation shall
be effective until the City has given the Company written
notice of the condition or omission which is the basis for
the revocation. The Company shall have sixty (60) days from
the receipt of said written notice or such additional time
as is reasonably necessary to correct the aforementioned
condition or omission. If the Company fails to correct said
condition or omission the City may, but is not required to,
revoke this franchise in accordance with the procedures
listed in Section 23 (Below).
The Company shall not be in violation of the franchise
and no revocation shall be effected if the Company is prevented
from performing its duties and obligations or observing the
terms and conditions of this franchise by an Act of God,
labor disputes, manufacturers' or contractors' inability to
timely provide personnel or materials, or other causes of
like or different nature which are beyond the control of the
Company, collectively referred to as "Acts of God ".
Section 23. Procedures
afforded due process of law:
In order that all parties be
(a) Any inquiry, proceeding, investigation or other
action taken or proposed to be tal�en by the City
affecting operation of the COMI)any's Cable Coi -nu-
nications SyF3tem, shall t)e takon only ,after:
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60227 -2q
(1 ) fiir mi n iri€u m IE_ -;aI_ I reciu.3 red i) i0i is
notice is published in a loco'!
having general circulation in z:`_ze Cit,',
(and in the absence of any such req�zirement,
the notice shall- be published at .least
ten (10) days prior to the date of the
f
proposed action); and,
(2) A written summary of such action or
proposed action is served on the Company
at least ten (10) days prior to the pro-
posed action; and,
(3) The Company has been given an opportunity
to respond, in writing, and at any
hearing held by the City.
(b) The public notice required by this section shall
state clearly the action or proposed action to be
taken, the time provided for response and the -)er-
son or persons in authority to whom such responses
should be addressed, and such other procedures as
may be specified by the City. If a hearing is to
be held, the public notice shall give the date and
time of such hearing, whether public participation
will be allowed and the procedures by which such
participation will be allowed and the procedures
by which such participation may be obtained. The
Company shall be an indispensable party to any
proceedings conducted in regard to its operations.
{
(c) Failure to follow the procedures set out in this
section will render the action, as to the Company,
null and void and shall have no effect whatsoever
upon the rights granted to the Company by this
Ordinance.
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Section 2-1. Pr,J_•edLi re (17 r)oii Torml.naL r ()n . T ;r,�)rr c:; l)) !'ti t i r)n
of this franchise, i the Coinpan',• hac� not been grant, {t cn
extension or =_•tne,.;a;_ thereof and accepted the same, thc�
Company inay enter l,ipon the Streets of the Catty for Lire
purpose of re~,ov ing therefrom its Property. Irr removing its
Property, the Company shall, at its own expense, leave the
streets in as good a condition as that existing prior to the
Company's removal of its property, or as close to such prior
condition as is possible under the circumstances.
Section 25. `'ex Developments. It shall be the policy
of the City to amend this Ordinance upon application of the
Company, provided such application is reasonable and the
adoption of such amendment would serve to enable the Company
to take advantage of new developments in the field of transmission
of television and radio signals which will afford the Company
an opportunity to more effectively, efficiently or economically
serve its subscribers.
Section 26. Access.
The Company shall, at the end of
the construction period referred to herein in Section 6,
make available channel capacity of one (1) channel or time
on one (1) channel, for use by others having no ownership
affiliation with the Company for the purpose of originating
noncommercial programs over facilities of the system. The
Company may from time to time at their own discretion promulgate
rules governing the use of such channel or time on a channel.
These rules shall be available at the business office of the
Company and Company shall submit such rules to the City.
Section 27
Acceptance. Company shall, within sixty
(60) days from the date of the final passage of this ordinance
by the City Council of the City of Baytown, file with the
City Cleric of Bayto %l.n a written statement signed in its name
-17-
{
60227 -2s
'llr.zII' M an of i _F-r o -I�i- C- -, ::parly cilil- otth
i;s I3oard of Directory in thi, form:
"The Ennorable '.favor and E.Iie City of Lhe Ci y
of BLiyto n:
Southwest Video Corporation For itselt', its SUCCess�i5
and assigns, hereby accepts the attached ordinance
finally passed by the City Council of Baytown, the
day of , 1981, and agrees to be
bound by all of its terms and provisions."
By .
OFFICER
Dated
Section 28. Severability. If any section, subsection,
sentence, clause or phrase of the Ordinance is for any
reason held invalid by the decision of any court or regulatory
body of.competent jurisdiction, such decision shall not
affect the validity of the remaining portions hereof.
Section 29. Effective Date. 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 after the first reading and shall not take
effect until sixty (60) days after its final passage, provided
that the Company accepts the obligations under this Ordinance
within such sixty (60) day period, and agrees and accepts
all of the terms herein in the manner provided in accordance
with Section 27 hereof, and pending such time, the full text
of this ordinance shall be published once each week for our
(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 12th day of
1981.
February
n
---
lr-''It } ,TT 0. HUTTO, Mayor
-18-
60227 -2t
A:. S
EILF.F:N P. HALL, Cite Clerk
APPROVED:
i i J i
RA'-;DALL B. STRONG, City torney
INTRODUCED, READ and PASSED on the SECOND READING this
26thday of __ February , 1981.
ATTEST:
f
EILELN P. HALL, City Clerk
APPROVED:
,ANDALL B. STRONG, City torney
INTRODUCED, READ and PASSED on the THIRD AND FINAL READ-
ING this the 26th day of March , 1981.
EMMETT 0. HUTTO, Mayor
r
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
RANDALL B. STRONG, City Worney
09911
Revised Feb�yiry20, 1986
Exhibit B
Future Affiliate, Subsidiary and Partnership Stockholders.
1. ATC Holdings, Inc., a Delaware corporation, a wholly - owned
subsidiary of ATC.
2. KBLCOM Incorporated, a Texas corporation, a wholly -owned
subsidiary of Houston Industries Incorporated.
3. Comcast Cablevision of Connecticut,
Comcast Cablevision of Alabama,
Comcast Cablevision of the Southeast,
Comcast Cablevision of Florida,
Comcast Cablevision of California,
all partnerships of two wholly -owned Comcast Corporation
subsidiaries.
4. Daniels - Hauser Holdings, a partnership and affiliate of
Daniels & Associates, Inc.
1390B /I