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1355 ORD GRANTING MIDWEST VIDEO CORP FRANCHISE TO USE PUBLIC STREETS AND ALLEYS OF COPORDINANCE T~0 . '-3 5 5 AIv' ORDIPdANCE GRANTIPIG TO MIDWEST VIDEO CORPORATIGN A t=RAPv~,ISE TO USE THE PUBLIC STREETS AND ALLEYS 0: THE CITY CF PARIS, TEXAS FGh THE PL'RPLSE OF RECEIVIPdG, AtAFLIFYTNG AIvD DISTRIBUTING TELEVISIOPd SIG- NALS, AND PROVIDING FGR THE REGULATION GF THE BUSINESS, AND PROVIDING FOR PAYMENT FOR THE liSE CF THE STREETS$ ESTA3LIS1-iING AN EFrECTIVE DATE AND COivTAINING GTHER fuIATERIHL PRCVISIONS AS SET FORTH E3EI.067. 3E IT ORDAINED BY THE CITY CLUNCIL OF TIiE CITY UF PARI5: Section 1. There is hereby granted to Alidwest Video Corpora- tion, hereinafter called grantee, the riaht, privilege and franchise for a period of twenty~-five ~25~ ~,ears,from the effective date of this ordinance to canstruct, maintain and operate in the present and future streets, alleys, and public places cf the City of Paris, Texas, and its successors, towers, poles, lines, cables, necessary wiring and other apparatus for the purpose of receiving, amplifying and distri- buting televisicn signals to saici City and the inhabitants thereof, it being specifically understood and provided that this francY:ise shall not be transferred, or assigned or sub-let by grantee without the con- sent of the Governing Body of the City of Paris. Secticn 2. That poles or towers shall be so erected as not to interfere unreasonably with traffic over streets and alleys. The lc- cation of all poles, towers, or other oastructions shall be fixed under the supervision of the City of Paris, giving consideraticn to the reasonable operation of the 5ame. 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 reasonable rules and regulations as grantee may make from time to time. The grantee may require reasonable security for the payment of its pills ana accounts by and from those who contract for services to be ren- dered 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 ordinancet after notice to the grantee, and hearing, provided however that the rates so fixed shall be sucli 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 publS.c. Nothing contained herein shall prevent the City of Paris and the grantee from reaching an agreement with reference to its rates. In the event an ardinance is passed fixing rates for the grantee, then such rates shall be subject to review from time to tirrte by the City oi Paris on its own motion or on motion of the grantee. Until the rates of the grantee are fixed by ordinance ttle grantee may fix its own rates by filing its rate schedule with the City Cierk 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 reasonable extensions of its facilities as the facts and circum- stances 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 B. The grantee will make annually a full report oLz its operations under this franchise, and its books shall ai all time be subject to inspection by the officers of the City of Paris. Aft a Section 9. At all times during tl-ie effective period of this franchise grantee shall have procured and kept in full force and effect policy or policies of public liability insurance, covering public liability ano property caamage in a minimum amount of i=ifty Thousand Dollars ($50,000.00), 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 cf the City of Paris satisfactory evidence that such policy or policies of public liability insurance are in full force and effect, insuring said grantee against any ana all claims for damages in the nature of public liability or property damages arising from its construction, maintenance and operation 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 unconstitutional, such invalidity shall not effect the validity of the remaining 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 controlled 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 viola- tion of said Article, or any provision thereof. Section 12. The grantee herein shall pay to the City of Paris the sum of One Dollar ($1.00)2 as consideration for the privi- lege of using and occupying the streets, highways, easements, alleys, parks and other public places in the City of Paris for the period from the effective date of this franchise up to and including the date and time when grantee begins the collection and receipt of monthly service charges for the transmission and distribution of television signals pursuant to this franchise. From and after the aeginning of the collection anci receipt of such monthly service charges, grantee shall pay to the City of Paris a sum equal to two per cent (2`'0) of the gross receipts collected by it as and for such monthly service charges for services rendered by said company irom its central receiving and distribution station to be located in or near the City of Paris to residential 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 Decerrber, 1955, 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-in- spection charges or otherwise, and this payment shall be in lieu of any other tax or increased rate of tax or other assessments or charges, except ad valorem taxes. Section 13. This franchisF is not exclusive and nothing nerein contained snall 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. The rights herein granted shall cease, determine and be voided unless substantial progress is being made py gran±ee towards the installation of its said business to be operated pursuant to this franchise within 120 clays from the efrective date of this franchise, unless the time is extended by the City Council of the City of Paris, provided the grantee is not stopped by conditions be- yond its control. Section 15. This ordinance and franchise shall t-ake effect sixty (00) days after the adoption hereof by the City Council on its third and final readina. INTRGDUCED Ak1D READ on first reading on July 11, 1955 at a regular meetinf of the City Council of the City of Paris; second reading at a regular meeting of the City Gouncil on August 8, 1955; and final reading at a regular meeting of the City Council on September 12, 1955, the same being three separate regular meetings of the City Council of the City of Paris, the last being not less than sixty days from the first. Passed on third and final reading this 12th day of September, 1955. Mayor ATTEST: City Clerk. N APPRGVED AS TU rORM: , S City ,Attorney. ~ ~ _ Y • ~ ' s w Adilk TU THE HONORABLE MAYOR AND MEPIIBER5 OF Tf-IE CITY OJUi1CIL OI= THE CITY G`.::: FARIS: Midwest Video Corporation, acting herein by and through its lawfully authorized agent, hereby respectfully petitions the Governing Body of the City of Faris for a franchise authorizing it to install, maintain and operate a system of the reception and distribution of television signals in the City of Paris for a period of twenty-five (25) years from and after the effective date of any such franchise, it being understood and proposed that any such franchise be strictly limited to and issued in accordance with the terms and provisions of the Charter of the City or Paris. In suppert of such application, petitioner would show to your Honorable Governing Body that it is financially able to immediately initiate a program of construction and service to the citizenship of the City of Paris on the highest level of service. It is understood that any franchise granted pursuant to this application will not and may not be an exclusive franchise and peti- tioner respectfully requests the approval of this petition and the granting of the requested fxanchise with this information in mind. Respectfully submitted, MIDWEST VIDEO CORPQRATIGN B. . "a 6 .