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2424 ORD GRANTING MIDWEST VIDEO CORPORATION A RENEWAL OF FRANCHISE TO USE PUBLIC STREETS AND ALLEYS OF COP ORDINANCE NO. 2424 AN ORDINANCE GRANTING TO MIDWEST VIDEO CORPORATION A RENEWAL OF ITS FRANCHISE TO USE THE PUBLIC STREETS AND ALLEYS OF THE CITY OF PARIS, TEXAS, FOR THE PURPOSE OF RECEIVING, AMPLIFYING AND DISTRIBUTING TELEVISION SIG- NALS, AND PROVIDING FOR THE REGULATION OF THE BUSINESS AND PROVIDING FOR PAYMENT FOR THE USE OF THE STREETS, ESTABLISHING AN EFFECTIVE DATE AND CONTAINING OTHER MATERIAL PROVISIONS AS SET FORTH BELOW. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section 1. Having faithfully adhered to and performed its obligations under Ordinance No. 1355 in accordance with its terms, there is hereby granted to Midwest Video Corporation, hereinafter called grantee, the right, privilege and franchise for a period of twenty -five (25) years from the effective date of this ordinance to construct, maintain and operate in the present and future streets, alleys and public places of the City of Paris, Texas, towers, poles, lines, cables, necessary wiring and other apparatus for the purpose of receiving, amplifying and distributing television signals to said City and the inhabitants thereof, it being specifically understood and provided that this franchise shall not be transferred, or assigned or sub-let by grantee without the consent of the Governing Body of the City of Paris. Section 2. That poles or towers shall be so erected as not to interfere unreasonably with traffic over streets and alleys. The lo- cation of all poles, towers or other obstructions shall be fixed under the supervision of the City of Paris, giving consideration to the reasonable operation of the same. Section 3. That the service furnished and provided hereunder to said City and its inhabitants shall be first class in all respects, considering all circumstances, and shall be subject to such reason- able rules and regulations as grantee may make from time to time. The grantee may require reasonable security for the payment of its bills and accounts by and from those who contract for services to be rendered under this franchise. Section 4. The City of Paris shall have the right to fix the rates to be charge d by the grantee herein by ordinance, after notice to the grantee and hearing, provided, however, that the rates so fixed shall be such as to provide the public with adequate service at a reasonable price, and to provide the grantee with a fair return upon the fair value of the property used or useful in rendering its service to the public. Nothing contained herein shall prevent the City of Paris and the grantee from reaching an agreement with ref - erence 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 to time by the City of Paris on its own motion or on mo- tion of the grantee. Until the rates of the grantee are fixed by ordinance the grantee may fix its own rates by filing its rate sched- ule with the City Clerk of the City of Paris. Section 5. The City of Paris shall have the right to reason- ably regulate the business of the grantee in said City by ordinance. Section 6. The grantee will upon request of the City of Paris make reasonable extensions of its facilities as the facts and cir- cumstances warrant. Section 7. The grantee may trim trees upon and overhanging the streets and alleys to the extent reasonably necessary to prevent the branches from coming in contact with the wires or cables of the grantee, under the supervision and direction of the City Manager of the City of Paris. Section 8. The grantee will make annually a full report of its operations under this franchise, and its books shall at all times be subject to inspection by the officers of the City of Paris. Section 9. At all times during the effective period of this franchise grantee shall have procured and kept in full force and effect policy or policies of public liability insurance, covering pub- lic liability and property damage in the minimum amounts of Five Hundred Thousand Dollars ($500, 000. 00), for personal injury, and One Hundred Thousand Dollars ($100, 000. 00), for property damage, and said grantee shall at any and all times during the effective term of such franchise and during any operations under the same furnish and provide to the City Clerk of the City of Paris, satisfac- tory evidence that such policy or policies of public liability insur- ance are in full force and effect, insuring said grantee against any and all claims for damages in the nature of public liability or pro- perty damage arising from its construction, maintenance and opera- tion of facilities under this franchise. Section 10. If any section, sentence, clause or phrase of this ordinance is for any reason held to be illegal, ultra vires, or un- constitutional, such invalidity shall not affect the validity of the re- maining portions of this ordinance, and all ordinances and parts of ordinances in conflict herewith are hereby repealed. Section 11. This ordinance is in all things subject to and con- trolled by the terms and provisions of Article XI of the Charter of the City of Paris and shall in no wise be construed as a violation of said Article, or any provision thereof. Section 12. Grantee shall pay to the City of Paris a sum equal to two percent (2%) of the gross receipts, exclusive of installation charges, collected by it as and for its monthly service charges for the transmission and distribution of the signals of television and radio broadcast signals and the provision of non-broadcast services it is required to provide by the FCC from its central receiving and distribution station to be located in or near the City of Paris to re- sidential and commercial users of said grantee located in said City for the preceding calendar year, such annual franchise payments being due and payable on the 31st day of December, 1978, and annually thereafter, in full payment for the privilege of using and occupying the streets, highways, easements, alleys, parks and other public places in the City of Paris for such respective calendar years, whether as rental, supervision and inspection charges or otherwise, and this payment shall be in lieu oE any other tax or increased rate of tax or other assessments or charges, except ad valorem taxes. Section 13. This franchise is not exclusive and nothing herein contained shall be construed as to prevent the City of Paris from granting other like and similar rights and privileges to any other person, firm or corporation. Section 14. This ordinance and franchise shall take effect sixty (60) days after the adoption hereof by the City Council on its third and final reading. INTRODUCED AND READ on first reading on October 9, 1978 at a regular meeting of the City Council of the City of Paris; second reading at a regular meeting of the City Council on November 13, 1978; and final reading at a regular meeting of the City Council on December 11, 1978, the same being three separate regular meetings of the City Council of the City of Paris, the last being not less than sixty (60) days from the first. Passed and adopted on third and final reading this llth day of December, 1978. . ~ • 1~ Michael E. Malone, Mayor ATTEST: ~ H. C. Gr ene, City Clerk YAP- WWn~ TO FORM: ey y T. KCity Attorn