Ordinance No. 6,116920109 - 1
ORDINANCE NO. 6116
AN ORDINANCE GRANTING TO STAR CABLE ASSOCIATES THE
RIGHT, PRIVILEGE AND FRANCHISE TO CONDUCT WITHIN THAT
PORTION OF CHAMBERS COUNTY, TEXAS WHICH FALLS WITHIN
THE CITY LIMITS OF 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 PRESENT AND FUTURE PUBLIC ROADS, HIGHWAYS, STREETS,
LANES AND ALLEYS OF THAT PORTION OF CHAMBERS COUNTY,
TEXAS WHICH FALLS WITHIN THE CITY LIMITS OF THE CITY OF
BAYTOWN, TEXAS, 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 THAT PORTION OF CHAMBERS COUNTY,
TEXAS WHICH FALLS WITHIN THE CITY LIMITS OF THE CITY OF
BAYTOWN, TEXAS, AS NOW EXISTING, OR AS SAID CITY LIMITS
MAY HEREINAFTER BE EXTENDED; PRESCRIBING THE CONDITIONS
GOVERNING THE OPERATION OF SAID SYSTEM INSOFAR AS IT
AFFECTS THE USE OF PUBLIC PROPERTY FOR THE PURPOSES OF
SUCH SYSTEM HEREIN DESCRIBED, PRESCRIBING RULES AND
REGULATIONS GENERALLY FOR THE OPERATION OF SAID SYSTEM
UNDER THIS FRANCHISE; AND PROVIDING FOR THE ACCEPTANCE
OF THIS FRANCHISE BY THE COMPANY.
WHEREAS, STAR CABLE ASSOCIATES, has made application f or 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 that portion of Chambers County, Texas which
falls within the city limits of 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 an 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
ordinance 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.
(a) "City" shall mean the City of Baytown, State of Texas.
• (b) "Company" shall mean Star Cable Associates.
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• (c) "Cable Communications System or System" shall mean a
system of antennae, cable, amplifiers, towers, fiber
optics, 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 conducting
the lawful operations of the Cable Communications
System, for the purposes herein described.
(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 channels; (c)
all programming originated on local origination
channels, except premium programming 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 f or
Basic Subscriber Service.
(i) "Chambers County city limits" means that portion of
Chambers County, Texas which falls within the city
limits of the City of Baytown, Texas.
(j) "Cable Communications Service" means basic subscriber
service and premium programming provided by the Company
by means of a cable communications system or systems.
Section 2: Purpose. A non - exclusive franchise is hereby
granted to Star Cable Associates ( "Company "), to install,
construct, operate, maintain, reconstruct and expand a cable
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communications system within the public streets, ways, alleys,
public. utility easements and places of that portion of Chambers
County, Texas which falls within the city limits 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 between the Company and the
City Council of the City of Baytown, there is hereby granted to
the Company, for the term beginning from the effective date of
this ordinance and ending June 1, 1996, the right, privilege, and
franchise to operate, acquire, construct, reconstruct, maintain,
use and operate in that portion of Chambers County, Texas which
falls within the city limits of the City of Baytown, Texas, a
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, upon, within, above, 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, f iber optic
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 that portion of Chambers County, Texas which
falls within the city limits of the City of Baytown, Texas.
Section 4: Use. t or
Eagilitieg. There is hereby granted to Star Cable Associates,
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 Chambers
County city limits of 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,and components of a Cable Communications System or
Systems, for the purpose of producing, receiving, originating,
relaying, amplifying, storing, processing and distributing audio
and video signals and audio and video television and radio energy
of any nature whatsoever, in, over, under, upon, within, above,
along and across present and future streets, highways, alleys and
public ways of that portion of Chambers County, Texas which falls
• within the city limits of the City of Baytown, Texas. Provided,
however, said Company shall utilize to the extent practical, the
communication zones of the existing utility pole installations of
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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 6: Provision of Service. The Company shall provide
Cable Communications Service throughout that portion of Chambers
County, Texas which falls within the city limits of the City of
Baytown, Texas, pursuant to the provisions of this section:
(a) The Company shall make cable communications service
available to all existing dwelling units and apartment
complexes in the present Chambers County city limits of
Baytown within 150 feet of an existing distribution
cable and failure to provide such service shall be a
material breach of thelfrranchise. The Company will be
upgrading and adding to the existing cable service in
order to provide the residents of Baytown expanded
cable communications services equivalent to service
provided by Star Cable Associates to any other service
area served by Star Cable Associates.
(b) The Company shall at least sixty (60) days prior to the
commencement of any construction activity, post a
construction bond with the City written by a surety
authorized to do business in the State of Texas in an
appropriate amount up to $250,000.00. Said bond shall
be conditioned on the requirement that the Company
shall duly observe, fulfill and perform each condition
of this franchise related to 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 aforementioned
construction 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 the Company is
prevented from performing their duties and obligations
as set out in the construction schedule by an Act of
God, labor disputes, manufactures' or contractors'
inability to timely provide personnel or materials, or
other cause of like or different nature beyond the
control of the Company, collectively refered to a "Acts
of God ".
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Section 7: Extension of Service.
(a) In any area in Chambers County subsequently annexed by
the City, the Company will provide cable communications
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 in Chambers County 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 (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 extension, cable communications
service shall be made available on the basis of a
capital contribution by the prospective subscriber and
the Company including reimbursement for the Company's
normal cost of materials, labor and the obtaining of
necessary easements. This paragraph shall also apply to
service provided to schools and public buildings under
the provisions of Section 18 of this agreement and to
existing dwelling units under Section 6 of this
agreement.
(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. For esthetic purposes, the Company will
make every effort to utilize present utility poles and shall,
where practical, bury as much as possible of its equipment
underground. 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 Manager
of the City of Baytown for the safety or convenience of the City
or its franchise holders or citizens affected hereby. It is
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• 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 City
Manager 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 City Council or City Manager of the City of Baytown, Texas,
without claim for reimbursement or damages against the City.
Upon notification to Company, as herein provided, the said
Company shall remove, relay and relocate its poles, wires,
underground conduits, manhole 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 interference with the proper use of
streets, alleys, public roads, sidewalks, highways, lanes, and
other public ways and places, and to cause minimum interference
with the rights of reasonable convenience of property owners who
adjoin any of said streets, alleyways, public roads, sidewalks,
highways, lanes, or public ways or places.
(a) Restoration. In the event of any disturbance of any
pavement, sidewalk, driveway, or other surfacing, 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 designated representative, replace
and restore all such pavement, sidewalk, driveway, or
other surface to its preexisting condition.
(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 City Council or City Manager of
the City of Baytown 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 without claim for
reimbursement of cost or damages against the City.
(c) Temporary Removal of Wire for the Moving of Buildings.
The Company, upon the written request of any person
holding a building permit issued by the City, shall
remove, raise or lower its wires temporarily 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 the Company may require
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• 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 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 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, roads, highways, alleys, sidewalks,
lanes, or other public ways or places.
Section 9: Compliance W't�pDlicable Law@ 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 cable
communications 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,
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• 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,
or exemplary damages, which may arise out of the sole
negligence of the Company in the ownership and /or
operations of the Cable Communications System, provided
that the City shall give the Company written notice
within thirty (30) days of any claims filed against it,
and within fifteen (15 ) days of any lawsuits filed
against 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 to 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
reasonably necessary to enable the Company to exercise its rights
and perform its obligations under this ordinance, and to assure
an uninterrupted cable communications 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 percent (3 %) of
the annual gross receipts received by the Company under this
franchise. Said sum of money shall be payable quarterly on or
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• 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: ARRroval of Transftr. 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
(a) The Company shall offer a minimum of fifteen (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 subscriber. This provision is not
intended to prohibit 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 subscriber'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
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• 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 last 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.
Section 18: Services to Schools and EMblicBuildinus. The
Company shall furnish its cable television services free of
charge to all public, private and parochial schools as well as to
all permanently staffed public buildings and facilities
performing a governmental function, including but not limited to
police stations, fire stations, court buildings and offices, and
offices of the City of Baytown in the Chambers County city limits
of 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
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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 21: Subscriber Relations. The following complaint
procedure is established:
(a) The Company shall maintain a business office or agent,
to which subscribers may telephone toll free 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 Communications System,
shall be taken only after:
(1) The minimum legally required public notice is
published in a local newspaper having general
circulation in the City (and in the absence of
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 proposed action; and
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• (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 person 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 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.
Section 24: 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 existed prior to the Company's removal of its
property, or as close to such prior condition as is reasonably
practicable 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 service 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. This requirement may be satisfied
if the Company makes available a character generator channel for
the aforementioned purposes, which channel will be available for
use by the citizens of the City of Baytown and the governmental
entities affiliated with the City of Baytown. 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.
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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 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:
Star Cable Associates for itself, its successors and
assigns, hereby accepts the attached ordinance f inally
passed by the City Council of Baytown, the day of
, 19 , and agrees to be bound by all of
its terms and provisions."
By.
Of f icer
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 9th day of January, 1992.
- 13 -
R OW � � '
920109 --1m
• ATTEST:
•
ILE'EN P. HALL, City Clerk
ACIO RAMIREZ, SR. ty Attorney
INTRODUCED, READ and PASSED on the SECOND READING this 21st day
of January , 1992.
, r4,. Me W-07A. W.-
L4 1 • • .
ATTEST:
EILEEN P. HALL, City Clerk
A Attorney
INTRODUCED, READ and PASSED on the THIRD AND FINAL READING
this the 13th day of February , 1992.
- 14 -
ETT O. HUTTO, Mayor
ATTEST:
A
E 7,EEN P. , City Clerk
CIO RAMIREZ, SPJ, City Attorney
C:1:80:1
- 15 -
920109-lu
• •
WRITTEN CONSENT OF
THE BOARD OF DIRECTORS OF
STAR CABLE MANAGEMENT, INC.
The undersigned, being all of the directors of Star
Cable Management, Inc. , a Pennsylvania corporation (the "Corpora-
tion") , do hereby consent in writing to the adoption of the
following resolutions:
WHEREAS, the Corporation is a general partner of Star
Cable Associates, a Pennsylvania general partnership (the "Part-
nership") ; and
WHEREAS, the Partnership desires to operate its cable
television system within the Chambers County portion of Baytown,
Texas (the "System") ; and
WHEREAS, in order for the Partnership to operate the
System, the Partnership must, among other matters, enter into
and accept that certain Ordinance No. 6116, read and passed by
the City Council of the City of Baytown on February 13 , 1992 (the
"Franchise") .
NOW, THEREFORE, BE IT,
RESOLVED, that the President, Executive Vice President
or any Vice President of the Corporation be, and they hereby are,
authorized, empowered and directed for and on behalf of the
Corporation, as a general partner of the Partnership, in connec-
tion with the Franchise, to execute, deliver and perform its
obligations under the Franchise, all as the President, Executive
Vice President or any Vice President of the Corporation may in
his discretion deem to be in the best interests of the Corpora-
tion as a general partner of the Partnership.
S
FURTHER RESOLVED, that the President, Executive Vice
President or any Vice President of the Corporation be, and they
hereby are, authorized, empowered and directed for and on behalf
of the Corporation, as a general partner of the Partnership, to
take such steps and execute such other agreements, instruments,
certificates and documents as they, in their sole discretion may
deem necessary, convenient, incidental or appropriate to fulfill
the obligations of the Corporation, as a general partner of the
Partnership, in connection with the foregoing resolutions,
hereby ratifying, approving and confirming all that said offi-
cers, or any of them, have done, may do, have caused to be done
or may cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned have executed this
written consent as of the 6th day of March, 1992.
Henry Posner, Jr. / �Sames C. Roddeyiy//
Thomas D.--Wrigh Albert M. Holtz^f"
2