1297 ORD GRANTING TO FRED KINCAID ET AL DBA NORTH STAR TELEVISION SERVICE A FRANCHISE TO USE PUBLIC STREETS ETC OF COP

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lw . . _ _ a AIM ORDINANCE N0. 1297 . APJ ORDINANCE GRANTIP•IG TC) FRFD KINICAID, LFtiVIS 0. SEIBERT 414D BOYD KELLEY, DJTNG BUSINESS AS NGRTN STAR TELEVISION SERVICE, AtiD IIiEIR CORPC'R.ATE SUCCESSOR, za rRAP1CHISE TO USc- 1}iE PIJBLIC STREETS AND ALLEYS OF Tl-iE CITY OF PARISy TEXAS FOR THE PURPOSE OF RECEIVITJG, Ala":PLIFYING AND DISTRIT3UTING TEr EVISION SIGNALS, AND FROVIDING FOR ThiE REGULATION OF THE BUSIPIESS, AND PROVIDIPIG FOR PAYMENT FCR TtiE USE OF il-IE STREETS AND 0ONTAINING OTHER 14ATERIAL PROVISIONS AS SET FOR-R3 BFLO;'i. BE IT ORDAINED 3Y THF CITY COUPICIL OF THE CIIY OF PARIS: Section 1. 'I'here is hereby granted to Fred Kincaid, Lewis 0. Seibert and Boyd Kelley, doing business as North Star Television Service, and their corporate successor, hereinafter called grantee, the right, privilege and franchise for a period of twenty-five (25) years from the effective date ofthis ordinance, to construct, maintain and operate in the present and futiare streets, alleys, and public places of the City of Paris, Texas, and its successors, towers, poles, lines, cables, necessary wiring and other apparatus for the purpose of receiv- ing, amplifying and distributing televisinn signals to said City and the in- habitants thereof, it being specificall.y understood and provided that this franchise shall not be transferred, or assigned or sub-let by grantee (except to the corpo.rate successor of the hereinabove named individuals) without the consent of the Governing Body of the City of Faris. Section 2. That poles or towers shall iae so erected as not to interfere un- reasonably with traffic over streets and alleys. The location of all poles, towers, or other obstructions shall be fixed under the supervision of the city of Paris, giving cansideration to the reasonable operation of the same. Section 3. I'hat the service furrished and provided hPreunder to said city and its inhabitants shall be first class in all respects, considering all circum- stances, and shall be subject to such reasonable rules and regulations as gran- tee rnay make from time to time. The qrantee may require reasonable security far the payment of its bills and accounts bv and from those who contract for ser- vices to be rendered under this franchise. Section 4. The City of Paris shall have the right to fix the rates to be charged by the grantee herein by ordinance, after notice to the grantee, and heariny, provided however that the rates so fixec3 sha11 be such as to provide the public with adequate service at a reasonable price,and ta provide the yran- tee with a fair return upon the fair value of the nroperty used or useful in rendering its service to the oublic. Pdothing contained her.ein shall prevent the City of paris and the arantee from reaching an agreement with reference to its rates. In the event an ordinance is passed fixing rates for the grantee, then such rates shall be subject to review from time ta time by the City of Paris on its own motinn or an motion of the grantee. Until the rates of the grantee are fixed by ordinance the qrantee rnay fix fts own rates by filing its rate schedule with the City Clerk of the City of Paris. Section 5. The City of Paris shall have the right to reasonably regulate the business of the grantee in said city by ordinance. Section 6. The grantee will upon request of The City of Paris make reasanable extensions of its facilities as the facts and circumstances warrant. Section 7. The grantee may trim trees upon and overhanging the streets and alleys to the extent reasonably necessary ta prevent the branches from cominy in contact with the wires or cabl.es of the grantee, under the supervision and di- rection of the City tv]anager of the Citv of Paris. Section B. The grantee will make annu31;.~/ a .full. .report of its operations under this franchise, and its books sha1l at <.'1 vimes be subject to inspectiorr by the officers of the City of Paris. Secdion 9. The grantee sha11 procure and furnish and file with the City Clerk of the City of Paris a policy of insurance coverin9 ,raublic liability and proper- ty damage with the minimum amounts of liability insured thereunder as follows. $10,000.00 for personal injury to any one pe.rson; $20,000.00 for oersanal in- iuries to two or mare persons in any one accident; and $5,000.04 property damage for any one accident. Said insurance policy shall relieve the City of Paris from any liability for any defective poles, towers, lines, wires, cables, or other apparatus for the receiving, amplifyiny, and distributing of saic3 tele- vision signals, and shall rel.ieve the City from any liability for accidents, darnages, or injuries resulting from any neqligence on the part of any of the agents, servants ^..r Esmployees of said grantee.