Ordinance No. 3,074__ 1 0 2 1 2- 1
ORDII`TANCE IVO I=
AN ORDINANCE GRANT I NG TO SOUTHWEST V SDEO CORPOIZAT I ON ,
I NC _ WHOLLY OWNED SUBS ID S ARY OF TELEPROR�IPTER CORPOR-
A' I ON > THE RIGHT , PRI V I LEGS AND FRANCHI SE TO CONDUCT
WITHIN THE C = TY OF BAY''OWN , TEXAS A CABLE S S GNAL D I S -
TRIBLTTION SYSTETMi AND STNS =NESS FOR THE PURPOSE OF OPERA -
T NG A RADIO AND TELEV I S ON SIGNAL SYSTEM TO RE CE I STE ,
AMPLIFY AND DISTRSB%JTE TE�,ENTISION AND RADIO SIGNALS AND
TQ ENTER UPON ERECT , CONSTRUCT , MAINTAIN EXTEND RE-
PAIR, REPLACE AND REMOVE IN TSNDER, UPON, wIETHIN, OVER,
ABOVE ACROSS AND ALONG ANY AND ALL OF THE PRESENT AND
FUTURE PTJBT_, I C 1 OARS , H I GHWAYS , STREETS LANES AND
ALLEYS OF THE C = TY OF BAYTC>IVW A SYSTEMS OF POLE L S NES ,
POLES , FACILIT =ES AND APPURTENANCES NECESSARY FOR
R IF- CE S V 311-1 C-- OR S G I NAT I NG , RELAYING AND D I STR S BUT S NG AZTD I O
AND VIDEO SIGNALS AND ATJD I O AND S'ELEV I S I ON ENERGY TO
SUSS CR I SERS LOCATED I N A11D ABOUT THE: CITY OF SAYTOWN ,
TEXAS , AS NOW EXISTI.i -TG, OR AS SAID CITY LIS.IITS MAY
HERE S I*TAFTER SE EXTE NI3ED = P RE S CR I B r NG THE COND I T = O1�S
GOVERPIiING Tf3E OF THE SYS=E:Al =NSOF`AR AS IT
AFFECTS THE FOR THE PTSRPOSE OF
SUCH RULES AND REGiJLAT S ONS GENERALLY
FOR T�3E OPERA' = Q'T E3F ST7CH SYSTElI•S UNDER THIS FRAI�TCH = S E
AND PROV = D I �1G T;'C�f� THE ACCEPTANCE OF THIS FRANCHISE SY
THE Co14SPANY
WHEREAS , SOUTHWEST VIDEO CORPORATION , a subsidiary of
Teleprompter C CD. rporat ion , has made appl icat ion for a frarichise
to use the public streets , highways , alle
ys and public t%vays
for the purpose of receiving sendirz
g amplifying and distriY1utirig
radio and television signals by cable to television sets to
customers in the City of SaSrtown Texas who desire such
service , and it is the op iniorn of the City Council that the
granting of said franchise under tyre terms aril conditions
Yiereirna.fter set forth would be advantageous to the citizens
of the City of Sayto -n%, Texas = NOW THEREFORE ,
BE I T O1=tDA I NED BY THE C I TY COUNC i L OF THE C I TY OF
SAY'�`O3rWI�T =
Section 1 _ Definitions _ For the purpose of this ordi-
na.nce tfie rollowirlg -C arms , ID. Yarases words and derivations
shall haves tie meanirag given Yiereiri _ When not inconsistent
with the co ratext words used i - the plural number include the
singular raumbar words in la -E- singular nurrnber include the
plural number _ Tho word shall is always mandatory and not
me r e l y d i r e c t o r y_
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(a) "City" shall mean the City of Baytown, State of
Texas.
(b) "Company" shall mean Southwest Video Corporation,
a wholly owned subsidiary of Teleprompter Corporation.
(c) "Cable Communications System or System" shall mean
a system of antennae, cable, amplifiers, towers,
microwave links, waveguides, laser beams, satellites,
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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channels; (c) all programming originated on
local origination channels, except premium pro-
gramming and (d) provision of any converter necessary
for reception of (a), (b), and (c) above.
(h) "Premium Programming" means programming delivered
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
hereby granted to Southwest Video Corporation, a wholly
owned subsidiary of Teleprompter Corporation, ( "Company "),
to 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
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,
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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 4. 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 under-
ground 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 com-
munity antenna television service in the City.
Section 5. Installation of Equipment. The Company
shall have the right and privilege to erect poles, lay
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 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.
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Section 6. Provision of Service. The Company shall
provide Cable Communications Service throughout the City
pursuant to the provisions of this section:
(a) At the end of the two (2) year period following
the effective date of this franchise, the Company
will provide cable service to all existing dwelling
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 Baytown 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 obligations as set out in the construction
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schedule by an Act of God, labor disputes, manufacturers'
or contractors' inability to timely provide personnel
or materials, or other cause of like or different
nature beyond the control of the Company, collectively
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 landowner.
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 (S) 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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(d) Nothing herein shall be construed to prevent
Company from serving areas not covered under this
section upon agreement with developers, property
owners, or residents.
Section 8. Location of Structures. 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 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 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 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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All transmission and distribution structures, lines and
equipment erected by the Company within the C
located as to cause minimum interference with
of streets, alleys, and other public ways and
cause minimum interference with the rights of
convenience of property owners who adjoin any
alleyways, or public ways or places.
ity shall be so
the proper use
places, and to
reasonable
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 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 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 modify 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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City, shall remove, raise or lower its wires
temporarily to permit the moving of houses, build-
ings, or other bulky structures. The reasonable
expense of such temporary removal, raising, or
lowering shall be paid by the benefited person or
persons and the Company may require such payment
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 Trimming. 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, Iaintenance, 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,
highways, alleys, or other public ways or places.
TRIM
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Section 9. Compliance With Applicable Laws and Ordinances.
The Company shall conform to all applicable laws, rules and
regulations of the United States, 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 at
any time to order and require the Company 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 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 City. 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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it. The Company shall have the right to defend,
settle, or compromise any claims arising hereunder
at the Company's sole discretion. The City shall
fully cooperate with the Company in the defense,
settlement, or compromise of said claims suits,
actions or other legal proceedings.
Section 12. Insurance. The Company shall maintain in
full force and effect during the life of this franchise,
public liability insurance with an insurance company authorized
to 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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Company under this franchise. Said sum of money shall be
payable quarterly on or before sixty (60) days after the
last day of each calendar quarter, 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 Company of municipally
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 statement of its gross receipts concurrent with the
quarterly payments of the franchise fee. The Company also
must 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.
be unreasonably withheld.
Such Council approval shall not
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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the use or transmission of signals useful only for
the control or measurement of system performance.
(c) The Company shall not permit the installation of
any special terminal equipment in any subscriber's
premises that will permit transmission from subscri-
ber's premises of a two -way service utilizing
aural, visual or digital signals without first
obtaining written permission 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 -four (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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Section 18. Services to Schools and Public Buildings.
The Company shall furnish its cable television services
free of charge to all public, private and parochial schools
as well as to all public buildings and facilities in the
City. Major trunk and distribution cables shall be routed
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 extended 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 Communications System shall
control.
O[E
Section 21. Subscriber Relations
complaint procedure is established:
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The following
(a) The Company shall maintain a local business office
or agent, which subscribers may telephone during
regular business hours without incurring 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. In order that all parties be
afforded due process of law:
(a) Any inquiry, proceeding, investigation or other
action taken or proposed to be taken by the City
affecting operation of the Company's Cable Commu-
nications System, shall be taken only after:
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(1) The minimum legally required public
notice is published in a local newspaper
having general circulation in the City
(and in the absence of any such requirement,
the notice shall be published at least
ten (10) days prior to the date of the
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 per-
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 24
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Procedure Upon Termination. Upon expiration
of this franchise, if the Company has not been granted an
extension or renewal thereof and accepted the same, the
Company may enter upon the streets of the City for the
purpose of removing therefrom its Property. In 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. New 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 Clerk of Baytown a written statement signed in its name
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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
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 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
1981.
12th day of
February
ETT •� HUTTO, Mayor
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ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
7
ANDALL B. RONG, City orney
INTRODUCED, READ and PASSED on the SECOND READING this
_ZB_thday of FPrruary - - -, 1981.
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AI� lL I A W--
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ATTEST:
r
EILEEN F. 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•
4e..0-je MMA41nPftw
0. HUTTO, Mayor
ATTEST:
S
EILEEN P. HALL, City Clerk
APPROVED:
RANDALL B. STRONG, City orney
-19-