1297 ORD GRANTING TO FRED KINCAID ET AL DBA NORTH STAR TELEVISION SERVICE A FRANCHISE TO USE PUBLIC STREETS ETC OF COPlw . . _ _ 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.
AdkL
Admk lw
" Section 10. If any section, sentence, clause or phrase of this ordinance a.s
for any reason held to be illegal, ultra vzres, or unconstitutional, such in-
validity shall not effect the validity of the remaining portions of this ordi-
, nance, and all ordinances and parts of ordinances in conflict herewith are
hereby repealed.
Section 11. 7his ordinance is in al1 things subject to and controlled by the
terms and provisions of ARTIGLE XI of the Charter of the City of Aaris, and
shall in nowise be construed as a violation 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), as consideration for the priviiege 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 in-
c.luding the date and time when grantee beyins the collection and receipt of
monthly service charges far the t.ransmission and distribution of television siq -
nals pursuant to this franchise. From and after the beginning of the collection
and receipt of such monthly service charges, grantee shall pay `o the City of
Paris a sum equal to two per cent (21%) of the gross receipts ccllected by it as
and fnr such monthly service charqes for services rendered by said company irnm
its central recei.ving and distribution station to be locaved in or near the
City of Paris to residential and com:nerciaZ users cf said grantee lacated in
said ~;ity for the precec3ing calpndar year, suGh annual a ~s ,,ayments being
due and payabJ.e on the 31st aay c~A December, 1953, and /~ereaf~r, in full pay-
ment for the privilege of usiny and occupying the streets, highways, easement,
al3eys, parks, and other public places in the City cf Paris far such respective
calendar years, whether as rPntal, supervision and inspection charges or other-
wise, and this payment sha11 be in lieu of any other tax nr zncreased rate of
tax or o±her assessmPnts or charges, except ad valorem taxes.
Section 13. This f.ranchise is not exclusive and nothing herein container.i shall
be construed as to prevent the Gity of Paris from granting other like and simi-
la.r rights and privileges to any other person, firm or corporation.
Section 14. ;he ri~~hts hereiry .4ranted shal: cease, determine and be voit.;ed un-
less substantial proyress is being made by ?rantee towards the instal.latinn rDf
its said business t:o be operateci pursuanu #o this franchise within 120 days from
the ef£ective ciate nf this franchise, urles:> the tiTe is ex.tended by the City
Council nf t.he Gity of Faris, ,,rfivicled the _~ran*ee is r,ot stopped by cvndi±iOns
bE;'}'JtlCl l,±S G*':fitTol•
Sect.ion 15. ?bis ordinance and frar.chise sha11 t3ke effect sixty (60; r3ays
after the adc;Nti+~n hereof by t.he City C:o~anci.l vn i±s t!~ir:~ and final. re~adin-.
Ia;iRCDiICEB r'1NB READ C;I. firs'Ll .rearing on ?ure 5, 195" at a re ;u.lur :neet:ir,:i ti f ;;he
Gity GounCil y secand readinq at a regUlar Teetirrg on M"uly 13, 1953; and final
readirig at a regular meeting of the City Cc,urcil cn August ln, 195-~, same beinu
three separate regialar meetinfs cf the City Cou:;cil e:' the r.ity of Paris, the
last being not. lPSS than t.hirty days from *he first.
Pa~-,sec ~~)n t.hird and iinal rea;,in,; this ;.he 10th ~a3y c,f Au_-ust, 1,~53.
~T~~~T: J/ r V . tt, ; ~ Ile :
(;iY.y C1erk.
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