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HomeMy WebLinkAbout09471 ORD - 08/27/1969I ?17/69 A4 '0RDIZQ1;CE r w GRANTING A FRANCHISE TO THE COASTAT, BEND TF.LECABL2, CORPORATIOIN, A TEXAS CORPORATION, ITS SUCCESSORS AND ASSIGNS; TO CPERATI.. AND ::AIiNTAIN A C0`21011ITY ANTENNA TELEVISION SYSTFM IN THE CITY; SETTING FORTH CONDITIONS ACCO21PANYING THE GRANT OF FRANCHISE; PRO - VIDIiiG FOR CITY FIGMATION AND USE OF THE CO} DMNITi } ANTENNA TELLVISIQI'+ SYSTEM; D PRESCRIEIi+G r- MALTISS FOR VIOLATLON OF TY_F: FW%NCH E ROVISIOi ?S. / r kHEP,EAS, the Coa t 1 Ba leCacle Corporation, a Tej poration, hereinafter referred to as 'T ab a ", is new engaged in the u� io d g o \ an video signal distribution busi a n furtherance th =_reo f, psed to erect and maintain c/ted of its p ant constr ction in the C' 0 Corpus Christi, Texas, k�ereina to as "City' and WiiEt to the mut �e_nt a vantage of the City and TeleCab that an a r shoul �he � ntered into between g TeleCable and the 't estab i h conditions under -which / Te eCable w 11 operate n 'a City. 1� NO , THEREFO^ ORDAINED BY HE CIT_'_' COUNCIL OF TIE CITY OF \COR CHRIST!, TEXAS SECTION 1 S' RT T_IiLS. T is ordinance shall be known and may 11ts2 as the " Coa tal Bend ble Corporation" Cournunicy tenna Television Company Frac ise Ordinance ". S I N 2. DEFIIGL7L ONS . For the p r ose of this ordinance, the following terms, phra es abz�ds, and r derivations shall have the meaning given herein. When t inconsi t with the con _ words used in the present tense include the utu words in t urzl include the singular number, word in the singula number 'ncl t e plural number. The word "shall" is always manda or and ao m re .directory. (1) "CIS ` is the City of Corpus Christi, T.ex�.s. (2) "COUNCIL" is the City Council of Corpus Christi, Texas. (3) "CO- MMITITY ANTFMMA TELEVISION SYSTEM", hereinafter -referred to as• "CATV System" or "System ", means a system of ccaxial cables or other electrical conductors an3 equipment used or to ba used primarily .to receive audio and video signals, directly or indirectly off-the-air, r e eF . f by microwave, and by local origination, and to transmit them to subscri- bers for a fee. (4) "PERSON" is any person, firm, partnership, associ- ation, corporation, company or organization of any kind. (5) "GRANTEE" is TeleCable or anyone who succeeds TeleCable in accordance with the provisions of this franchise. (6) "STREET" is the surface of, and the space above and below, any public street, road, highway, freeway, lane, alley, court, sidewalk, parkway, or drive, now or hereafter existing as such within the City. (7) "SUBSCRIBER" is any person or entity receiving for any purpose the CATV service of the grantee herein. (8) "GROSS ANNUAL RECEIPTS" is any and all compensation and other consideration in any form whatever and any contributing grant or subsidy received directly or indirectly from subscribers or users in payment for television signals received within the City. GROSS ANNUAL RECEIPTS shall rot include any taxes on the services furnished by the grantee imposed directly on any user or subscriber by any city, state or other governmental unit and collected by the Grantee for such governmental unit. (9) "LOCAL STATION" is a television broadcasting station the Grade A contour of which includes the City of Corpus Christi. -2- -SECTION 3. CONSTRUCTION. THE ORIGINAL WRITTEN PROPOSAL SUBMITTED TO THE CITY BY THE GRANTEE HEREIN SHALL BE INCORPORATED INTO AND MADE A PART OF THIS ORDINANCE. IN THOSE INSTANCES, UPON A FINDING BY THE CITY COUNCIL THAT THE TERMS OF THE PROPOSAL IMPOSE A GREATER DUTY AND OBLIGATION UPON THE GRANTEE, AND SAID PROPOSAL IS MOST ADVANTAGEOUS TO THE CITY, THEN AND IN THAT EVENT SAID PROPOSAL SHALL GOVERN. CONVERSELY WHERE THERE IS A DETERMINATION BY THE CITY COUNCIL THAT THE ORDINANCE ENLARGES THE DUTY AND OBLIGATION OF THE GRANTEE AND IS MOST ADVANTAGEOUS TO THE CITY, SAID ORDINANCE SHALL GOVERN AND TAKE PRECEDENCE OVER THE PROPOSAL." SECTION 4. GRANT OF NONEXCLUSIVE AUTHORITY. .A. There is hereby granted by the City to the Grantee the right and privilege to construct, erect, operate and maintain, in, upon, along, across, above, over and under the streets, alleys, public ways and places now laid out or dedicated, and all extensions thereof, and additions thereto, in the City, poles, wires, cables, underground conduits, manholes, and other television conductors and fixtures neces- sary for the maintenance and operation in the City of a CATV system for the interception, sale and distribution of audio and video signals, subject to the conditions herein set forth. -2A- B. The right to use and occupy laid streets, alleys, public ways and places for the purposes herein set forth shall not be exclusive, and the City reserves the right to grant similar use of said streets, alleys, public ways and places, to any person at any time during the period of this franchise. SECTION 5. COMPLIANCE WITH APPLICABLE LAWS APTD ORDINANCES. A. Grantee shall, at all times during the life of its permit hereunder, be subject to the lawful exercise of the police power by the City and to such reasonable regulations as the City may hereafter establish by resolution or ordinance. To this end, the right is specifically reserved by the City to adopt, in addition to the provisions herein con- tained and in existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of the police power, provided the same be reasonable. B. Grantee shall operate its community antenna television system in accordance with the laws of the State of Texas, of the Congress of the United States, and the regulations of the Federal Communications Commission which may now or hereafter be applicable thereto. Nothing shall be construed to grant Grantee any right or privilege lawfully •I within the' jurisdiction of any other regulatory body or agency, and Grantee shall secure and hold all necessary licenses, permits and authorizations as may be required in order to carry on a community antenna television service. SECTION 6. TERRITORIAL AREA INVOLVED. This franchise is related to the present territorial limits of the City and to any area henceforth added thereto during the term of this franchise. SECTION 7. LIABILITY XTD INDE121 IFICATION. A. The Grantee shall, upon its acceptance of this Ordinance, and at all times during the existence of any franchise issued hereunder, maintain in full force and effect.-furnish to the City, and file with the Council of the City of Corpus Christi, at its own cost and expense, .a general comprehensive liability insurance policy, in protection of -3- the City of Corpus Christi, its officers, boards, commissions, agents and employees, in a company approved by the City Manager and in a form satis- factory to the City Attorney, protecting the City and all persons against -liability for loss or damage for personal injury, death, and property damage, occasioned by the operations of Grantee under such franchise, with minimum liability limits of $300,000.00 for personal injury or death of any one person and $500,000.00 for personal injury or death of two or more persons in any one occurrence, and $50,000.00 for damage to -property resulting from any one occurrence. B. The policy mentioned in the foregoing paragraph shall name the City of Corpus Christi, its officers, boards, commissions, agents and employees, as additional insured and shall contain the provision that written, notice of cancellation or reduction in coverage of said policy shall be delivered to the City ten (10) days in advance of the effective date thereof., if surh ;nci,ranro iQ r ,;.te.i ; o; rk. ,.. ,s .. which also covers Grantee or any other entity or person than those- above named, then such policy shall contain the standard cross - liability endorsement. I C.• No franchise granted under this ordinance shall be effective unless or until each of the foregoing policies of insurance as required in this section have been delivered to the City. D. The Grantee shall, concurrently with the acceptance of award of any franchise granted under this ordinance, file with the City Secretary, and at all times thereafter maintain in full force and effect for the term of such franchise, at Grantee's scle expense, a corporate surety bond in a company approved by, and in a form to be approved by, the City attorney, in the amount of $50,000.00, renewable annually, and conditioned upon the faithful performance of Grantee, and upon the further condition that in the event Grantee shall fail to comply with any one or more provisions of this franchise, there shall be recoverable, jointly and severally, on the principle and surety of such bond any damages or loss suffered by the City as a result thereof, including the full amount of any compensation, indemnification, or cost of removal or -4- abandonment of any property of the Grantee as prescribed hereby .which may be in default, plus reasonable allowance for attorneys fees and costs, up to the full amount of the bond; said condition to be•a continuing obligation for the duration of such franchise and thereafter until the Grantee has liquidated all of its obligations -with the City that may have arisen from the acceptance of such franchise by the Grantee or from its exercise of any privilege therein granted. The bond shall provide that 30 days prior written notice of intention not to renew, cancellation, or material change, shall be given to the City. .E. Neither the provisions of this section, any bond accepted by the City pursuant thereto, nor any damages recovered by the City thereunder, shall be construed to excuse faithful performance by the Grantee or limit the liability of the Grantee under any franchise issued aacacu:.uca va ova ua.0 >gc�, c. 11 w uac a.. as auw uua va. uac vu uu Cr a 0 11 r wise. SECTION 8. PROHIBITION OF PAY -TV. It is hereby declared that the purpose and intent of this ordi- nance does•not include any form of what is commonly known as "pay -TV ", as defined by the Federal Communications Commission; and is to prohibit any 'Grantee of any CATV system, under penalty of revocation of franchise, from installing, maintaining or operating on any television set a coin box or any other device or means for collection of money for individual programs. SECTION 9. DISTRIBUTION, DISCRIMINATION. A. The facilities used by the Grantee shall be capable of dis- tributing color TV signals, and when the - signals the Grantee distributes are received in color they shall be distributed in color where techni- cally feasible. B. The Grantee shall not grant any undue preference to any person or subject any person within any class of subscribers to any dis- crimination, as to rates, charges, service, service facilities, rules or regulations or in any other respect. -5- C. ALL PROGRAMS OF LOCAL TV STATIONS AND LOCAL FM RADIO STATIONS CARRIED BY THE GRANTEE SHALL BE CARRIED IN THEIR ENTIRETY AS RECEIVED WITH ANNOUNCEMENTS AND ADVERTISING AND WITHOUT ADDITIONS. SECTION 10. SIGNAL QUALITY REQUIREMENTS. A. The Grantee shall produce a picture, whether in black and white or in color, that is undistorted, free from ghost images, and accompanied with proper sound on typical standard production TV sets in good repair, and as good as the state of the art allows. B. The Grantee shall transmit signals of adequate strength to produce good pictures with good sound at all outlets without causing cross - modulation in the cables or interferring with other electrical or electronic systems. C. The Grantee shall limit failures to a minimum by locating .and correcting malfunctions promptly. D. Tha Grantee shall carry local talevisjon stations Located in Nueces County with their present channel number designations and only with those designations unless the Council, by ordinance, finds that it would not be economically or technically feasible to do so, and i permits the transmission of local stations on channel number designa- tions other than their present channel designations. E. The Grantee shall demonstrate by instrument and otherwise to subscribers that a signal of adequate strength and quality is being delivered. SECTION 11. OPERATION AND MAINTENANCE OF SYSTEM. A. The Grantee shall render efficient service, make repairs properly, and interrupt service only for good cause and for the shortest time possible. Such interruptions, insofar as possible, shall be preceded by notice and shall occur during periods of minimum use of the system. B. The Grantee shall maintain an office in the City which shall be open during all usual business hours, having a listed tele- phone, and be so operated that complaints and requests for repairs or adjustments may be received at any time. -6- C. THE SERVICE FURNISHED BY GRANTEE HEREUNDER TO SAID CITY AND ITS INHABITANTS SHALL BE FIRST CLASS IN ALL RESPECTS AND SHALL BE SUCH AS WILL INSURE THE LEAST DANGER TO LIFE AND PROPERTY. IT SHALL AT ALL TIMES CONFORM TO THOSE TECHNICAL STANDARDS ADOPTED FROM TIME TO TIME BY THE FCC AND SET FORTH AND CONTAINED IN "THE STANDARDS OF GOOD ENGINEERING PRACTICE" ADOPTED AND PUBLISHED BY SAID COMMISSION. D. ALL INSTALLATIONS MADE BY THE GRANTEE SHALL BE IN GOOD, SUBSTANTIAL, SAFE CONDITION AND MAINTAINED IN SUCH CONDITION AT ALL TIMES. THE GRANTEE SHALL MAKE NO EXCAVATIONS IN THE STREET, ALLEYS AND PUBLIC PLACES, WITHOUT FIRST PROCURING A WRITTEN PERMIT FROM AUTHORIZED REPRESENTATIVES OF THE CITY, AND ALL WORK OF SUCH KIND SHALL BE DONE UNDER THE SUPERVISION OF THE CITY AUTHORITIES AID SO AS TO MEET THE APPROVAL OF THE CITY'S ENGINEER. NO CHARGE WILL BE MADE BY THE CITY FOR SAID PERMIT. E. ALL INSTALLATIONS AND CONNECTIONS OF WIRES CABLES, AND LINES FROM GRANTEE'S EQUIPMENT AND FACILITIES TO SUBSCRIBERS' RESI- DENCES AND BUILDINGS SHALL BE MADE AND CONSTRUCTED SO THAT SAME SHALL BE WATERPROOF AND INACCESSIBLE TO INSECTS AND VERMIN. F. THE GRANTEE SHALL PROVIDE EACH SUBSCRIBER WITH AN EFFICIENT ANTENNA SWITCH BY WHICH THE SUBSCRIBER MAY EASILY AND CONVENIENTLY SWITCH HIS TELEVISION RECEIVER FROM THE CABLE INPUT TO AN ANTENNA FOR DIRECT OFF - THE -AIR RECEPTION OF LOCAL AND AREA TELEVISION STATIONS] AT THE SUBSCRIBER'S REQUEST. , G. THE TRANSFER OF ALL TELEVISION SIGNALS TO CORPUS CHRISTI RECEIVING SITE BY MICROWAVE TO BE CAPABLE OF REBROADCAST BY A NONPROFIT CORPORATION UNDER THE SUPERVISION OF A SCHOOL DISTRICT IN NUECES COUNTY SHALL HAVE THE FOLLOWING TECHNICAL SPECIFICATIONS: VIDEO VIDEO IN . . . . . . . . . . . . . . . . . VOLT COMPOSITES NEG. SYNC, 75 OHMS. VIDEO OUT . . . . . . . . . . . . . . . . . . . VOLT COMPOSITE, NEG. SYNC, 75 OHMS, VERTICAL INTERVAL TILT . . . . . . . . . . . . LESS THAN 5% AT TERMINATING _ POINT. VIDEO BOUNCE . . . . . . . . . . . . . . . . . LESS THAN 5;10 OF PP VIDEO ' LEVEL. FREQUENCY RESPONSE . . . . . . . . . . . . . . PLUS OR MINUS 1 OBE 10 CYCLES TO 8MC. DIFFERENTIAL GAIN . . . . . . . . . . . . . . . PLUS OR MINUS .5 DB, AT 50 APL -7- DIFFERENTIAL PHASE . . . . . . . . . . . . . LESS THAN 1% AT 50% APL. SIGNAL TO HUM RATIO . . . . . . . . . . . . . BETTER THAN 70 D© SIGNAL TO NOISE RATIO . . . . . . . . .. . . . BETTER THAN 65 DS, PP/RMS, 1, WEIVHTED. �y FADE MARGIN . . . . . . . . . . . . . . . . . 40 DS, LESS THAN .1% OF TIME. SECTION 12. SERVICE TO SCHOOLS. A. THE GRANTEE SHALL PROVIDE SUCH EDUCATIONAL TELECABLE SERVICE TO PUBLIC SCHOOL LOCATIONS AND TEACHING STATIONS WITHIN THE CITY FOR EDUCATIONAL PURPOSES UPON REQUEST OF THE CITY AT NO COST WHATSOEVER TO IT OR THE PUBLIC SCHOOL SYSTEM. FOR THE PURPOSES OF THIS ORDINANCE, "TEACHING STATIONS� SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, ALL CLASSROOMS, LABORATORIES, GYMNASIUMS, AUDITORIUMS, SHOPS AND OTHER PLACES OF GROUP INSTRUCTION AS DESIGNATED BY THE SCHOOL SYSTEM. B. THE GRANTEE SHALL PROVIDE, UPON REQUEST BY THE PUBLIC SCHOOL SYSTEM, AN INTER - SCHOOL TELECAST SYSTEM WHEREBY THE SCHOOL SYSTEM COULD TELECAST FROM THE CENTRAL OFFICE OF THE SCHOOL DISTRICT TO THE VARIOUS SCHOOL LOCATIONS AND TEACHING STATIONS. C. THE GRANTEE SHALL PROVIDE, UPON REQUEST BY THE PUBLIC SCHOOL SYSTEM, AND WHERE IT IS NOT ECONOMICALLY UNFEASIBLE TO DO SO, FOR THE UTILIZATION BY THE SCHOOL SYSTEM OF THE EQUIPMENT OF THE GRANTEE FOR THE TELECAST OF SPECIAL PROGRAMS AND EVENTS WITHIN THE SYSTEM TO OTHER SCHOOL LOCATIONS AND TEACHING STATIONS IN THE CITY. D. THE GRANTEE MAY, AT ITS ELECTION, PROVIDE SIMILAR SERVICE VITHOUT COST TO PRIVATE SCHOOLS, INCLUDING PAROCHIAL OR OTHER RELIGIOUS SCHOOLS. GRANTEE SHALL BRING IN EDUCATIONAL CHANNEL KLRN (CHANNEL 9), SUBJECT TO FCC APPROVAL, AT NO COST TO THE COMMUNITY, BY THE USE OF MICROWAVE EQUIP- MENT. SUCH MICROWAVE SERVICE CAN BE HAD UNDER CONTRACT THROUGH SOUTHWESTERN BELL OR OTHER COMMON CARRIER, OR BY THE INSTALLATION OF MICROWAVE TOWERS AND EQUIPMENT BY GRANTEE. -7A- AUDIO AUDIO INPUT. . . . . . .0 DB LEVEL INTO 600 OHM. AUDIO OUTPUT . . . . . .0 DS LEVEL INTO 600 OHM. FREQUENCY RESP.. . . . .PLUS OR MINUS I DB, 50 CYCLES TO 15 KC. SIGNAL TO NOISE. . . . .BETTER THAN 60 DB. AUDIO DISTORTION . . . .LESS THAN 1 %. SECTION 12. SERVICE TO SCHOOLS. A. THE GRANTEE SHALL PROVIDE SUCH EDUCATIONAL TELECABLE SERVICE TO PUBLIC SCHOOL LOCATIONS AND TEACHING STATIONS WITHIN THE CITY FOR EDUCATIONAL PURPOSES UPON REQUEST OF THE CITY AT NO COST WHATSOEVER TO IT OR THE PUBLIC SCHOOL SYSTEM. FOR THE PURPOSES OF THIS ORDINANCE, "TEACHING STATIONS� SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, ALL CLASSROOMS, LABORATORIES, GYMNASIUMS, AUDITORIUMS, SHOPS AND OTHER PLACES OF GROUP INSTRUCTION AS DESIGNATED BY THE SCHOOL SYSTEM. B. THE GRANTEE SHALL PROVIDE, UPON REQUEST BY THE PUBLIC SCHOOL SYSTEM, AN INTER - SCHOOL TELECAST SYSTEM WHEREBY THE SCHOOL SYSTEM COULD TELECAST FROM THE CENTRAL OFFICE OF THE SCHOOL DISTRICT TO THE VARIOUS SCHOOL LOCATIONS AND TEACHING STATIONS. C. THE GRANTEE SHALL PROVIDE, UPON REQUEST BY THE PUBLIC SCHOOL SYSTEM, AND WHERE IT IS NOT ECONOMICALLY UNFEASIBLE TO DO SO, FOR THE UTILIZATION BY THE SCHOOL SYSTEM OF THE EQUIPMENT OF THE GRANTEE FOR THE TELECAST OF SPECIAL PROGRAMS AND EVENTS WITHIN THE SYSTEM TO OTHER SCHOOL LOCATIONS AND TEACHING STATIONS IN THE CITY. D. THE GRANTEE MAY, AT ITS ELECTION, PROVIDE SIMILAR SERVICE VITHOUT COST TO PRIVATE SCHOOLS, INCLUDING PAROCHIAL OR OTHER RELIGIOUS SCHOOLS. GRANTEE SHALL BRING IN EDUCATIONAL CHANNEL KLRN (CHANNEL 9), SUBJECT TO FCC APPROVAL, AT NO COST TO THE COMMUNITY, BY THE USE OF MICROWAVE EQUIP- MENT. SUCH MICROWAVE SERVICE CAN BE HAD UNDER CONTRACT THROUGH SOUTHWESTERN BELL OR OTHER COMMON CARRIER, OR BY THE INSTALLATION OF MICROWAVE TOWERS AND EQUIPMENT BY GRANTEE. -7A- E. THE GRANTEE, IN ADDITION TO THE EDUCATIONAL TV SERVICE REQUIRED TO BE SUPPLIED TO THE PUBLIC SCHOOLS PURSUANT TO PARAGRAPH A. ABOVE, SHALL PROVIDE THE SAME EDUCATIONAL TELECABLE SERVICE TO THE EDUCATION SERVICE CENTER AND ITS TEACHING STATIONS NOW LOCATED IN THE CITY AND TO THOSE TO BE LOCATED IN THE CITY IN THE FUTURE. SECTION 13. OTHER BUSINESS ACTIVITIES. A. THE SYSTEM SHALL NOT ENGAGE DIRECTLY OR INDIRECTLY IN THE SALE OR SERVICE OF TELEVISION SETS, ACCESSORIES OR RELATED EQUIPMENT, OTHER THAN ThE SERVICING OF EQUIPMENT OWNED BY THE COMPANY AS A PART OF ITS TRANSMISSION SYSTEM. THE SYSTEM SHALL NOT SUGGEST "RECOMMEND OR SINGLE OUT ANY TELEVISION SALES OR SERVICE FIRM OR 7b- business establishment to be patronized by its subscribers. The Company shall exercise all reasonable influence on its agents, employees and representatives to require their compliance with this Section. B. This franchise authorizes only the operation of the CATV system as provided for herein, and does not take the place of any other franchise, license, or permit which might be required, by law, of the Grantee. SECTION 14. SAFETY REQUIREMENTS. A. The Grantee shall at all times employ ordinary care and shall install, maintain and use commonly accepted methods and devices for pre- venting failures and accidents which are likely to cause damage, injuries or nuisances to the public. B. Grantee shall install and maintain its wires, cables, fix- tunes, and other equipment in accordance with the requirements of the National Electrical Code, 1968 Edition, and any future Codes and amendment=_ thereto adopted by the City Council, in such manner that they will not interfere or conflict with any installations of the City or of a public utility serving the City. C. Grantee shall at all times keep and maintain in a safe, suit- able, substantial condition, and in good order and repair all structures, lines, equipment and connections in, over, under, and upon the streets, sidewalks, alleys, and public ways or places of the City, wherever situated or located. D. Grantee shall maintain a force of one or more residing agents or employees at all times and shall have sufficient employees to provide safe, adequate, and proper services for its facilities. SECTION 15. CONDITIONS ON STREET OR EASEMENT OCCUPANCY AND COLMON USER OR LEASE OF FACILITIES. A. Grantee shall use=the poles lines, conduits, cables or other facilities maintained by the telephone and electric companies when and where such facilities can be obtained, provided satisfactory agreements can be entered into with said utility companies, in lieu of constructing its own poles, in order to carry its cables and conduits and other equipment -8- that may be necessary in order to conduct its business in the City. In such case, Grantee shall furnish a certificate which will recite that such an agreement has been entered into, setting forth the terms and duration of the agreement. B. Grantee shall not place poles or fixtures where the same will interfere with any gas, electric or telephone fixture, water hydrant or main, and all such poles or other fixtures placed in any street shall be placed at the•outer edge of the sidewalk and inside the curb line, and those placed in alleys shall be-placed close to the•side lot line of the lot abutting on said alley, and then in such a manner as not to interfere -with the usual travel on said streets, alleys and public ways. Grantee shall be required to use existing-poles, except where service is provided by underground installation. C. In any subdivision of the City where telephone and electric lines and cables are Dresentiv existins and servine said subdivision and are located below ground, Grantee shall- arrange to place its cables and wires below ground. Furthermore, where.said telephone and electric Lines and cables are located above ground, Grantee may arrange to place its cables and wires below ground, with the approval of the Director of Public Works. D. In case of any disturbance of pavement, sidewalk, driveway or other surfacing, Grantee-shall, in accordance with regulations now or hereafter applicable to the making of such cuts, and in a manner required by such = egulations and approved by the Department of Public Works, replace and restore all paving, sidewalks, driveways or surface of any street or alley disturbed, in as good a condition as before said work was commenced, and shall maintain the restoration in an approved condition for a period of one (1) year. Upon installation of underground cable system, all streets having concrete, hot -mix asphalt, or inverted penetration surface with curb and gutter construction, shall be bored and cables installed in casing. -9- E. In the event that at any time during the period of this Ordinance the City shall lawfully elect to alter, or change the grade of any street, alley, or other public way, or vacate or abandon the same, .Grantee, upon reasonable notice by the City, shall forthwith remove, relay or relocate its poles, wires, cables, underground conduits, manholes and other telephone fixtures, at its own expense. City shall have the right, at all times, to require Grantee to change the location of any pole, conduit, line or facility when, in the opinion of the Director of public Works, the public convenience requires such change, and all expense thereof shall be paid by Grantee. In the event a street or other public way is abandoned, Grantee shall remove all of its facilities therefrom, and restore the premises without delay or cost to the abutting owners or City. F. The Grantees use of existing utility easements, streets, alleys and public ways may be prohibited in those instances where, in the opinion of the Director of Public Works, said easements, streets, alleys and public ways are overcrowded due to the present existence of utility systems and equipment. G. The Grantees use of utility easements, streets, alleys and •public ways shall be subordinated to the use of said easements by the presently existing utilities and the Grantee herein shall, in the absence of gross negligence and willful conduct of existing utilities companies, hold the City harmless for any damage to Grantee's wires and equipment located in said easements in the event same are damaged as a result of maintenance operations performed by the City on the heretofore existing facilities, and further, in the event same are damaged by the future installation, construction, extension, addition, maintenance or repair of like facilities by the City or utility companies. H. Grantee shall, upon request of any person holding a building or moving permit issued by the City, temporarily raise or lower its wires to permit the moving of buildings, with the direct cost to be borne by the mover. 4 ' -10- I. Grantee shall fully 1cmp17 with all zoning and building regulations of the City, and nothJn4 herein ecntained shall be construed to constitute a waiver of any such regulations. J. Should Grantee refer =_e or fail to re:cve or relocate its lines, poles, conduits or other facilities as provided in this or any other provision of this ordinance, City shall have the right to do the work, or cause it to be done, and the cost thereof shall be chargeable to Grantee and collection may be made by court action or otherwise. R. Grantee shall obtain all necessary permits from the Texas Highway Oepartment, The Corps of Engineers, and any other agency having Jurisdiction over streets, levees and other public ways in the City, prior to any use of or construction in such streets and other public ways. L. Grantee shall agree to replace or restore to its original condition, or to a condition equate *- hereto, all pri vately and publicly owned property damaged as a result of Grantee's installation of or service to its equipment. SECTION 16. TRANSFER OF FRiVNCHISE. Any such franchise shall be a privilege to be held in personal trust by the original Grantee and cannot in any event be sold, transferred, i leased, assigned or disposed oi, in wh -cle or is part, either by force or involuntary sale, or by voluntary sale, merger, consolidation cr otherwise, without prior consent of the City Council of the City expressed by resolu- tion,.and then only under such conditions as may be therein prescribed. The said consent of the City may not be arbitrarily refused; provided, however, the proposed Assignee must show financial responsibility and must agree to comply with all provisions of this ordinance; and provided, further, that no such consent shall be required for a transfer in trust, mortgage, or other hypothecation as a whole, to secure an indebtedness. SECTION 17. CHANGE OF CONTROL OF GRMT_EE. Prior approval of the City Council shall be required where ownership or control of more than 30% of the right of control of Grantee is acquired by a person or group of persons acting in concert, none of whom already owns or controls 50% or more of such rights of control, . -11- singularly or collectively. By its acceptance of this franchise, the Grantee specifically grants and agrees that any such acquisition occurring without prior approval of the City Council shall constitute a violation of this franchise by the Grantee. SECTION 1$. CITY RIGHTS Iy FRANCHISE. A. The right is hereby reserved to the City or the City Council to adopt, in addition to the provisions contained herein and in existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of the police power; provided, that such regula- tions, by ordinance or otherwise, shall be reasonable and not in conflict with the rights herein granted. B. The City shall have the right to inspect the books, records, maps, plans, income tax returns, and other like material of the Grantee at any time during normal business hours. - C. The City shall have the right, during the life of this franchise, to install and ,maintain free of charge upon the poles of the Grantee any wire and pole fixtures necessary for City alarm systems on the condition that such wire and pole fixtures do not interfere with the CATV operation of the Grantee. D. The City shall have the right to supervise all construction or installation work performed subject to the provisions of this fran- chise and mace such inspections as it shall find necessary to insure c' pliance with the terms of this franchise and other pertinent provisions of law. E. At the expiration of the term for which this franchise is - granted, or upon its termination and cancellation, as provided for herein, the City shall have the right to require the Grantee to remove at its own expense all portions of the CATV system from all public ways within. the City. F. At the expiration of the term for which this franchise is granted, or upon its termination and cancellation, as provided for here- in, the City at its election, and upon the payment of a fair evaluation thereof, to the Grantee, shall have the right to purchase and take over -12- the CATV system in its entirety as well as any other property of the Grantee within said City related to the franchise and the Grantee's oper- ations thereunder. The above price shall not include, and the Grantee shall not receive, anything for the evaluation of any right or privilege appertaining to it under this franchise. To arrive at a fair evaluation of the value of said property, the City, if it elects to consider this option, shall appoint one appraiser, .,Grantee shall appoint a second, and the two so selected shall appoint a third; but if they are unable to agree, the 'third appraiser shall be appointed by the then presiding judge of any Texas District Court having jurisdiction in Meces County; and the three so appointed shall file a report of their evaluation with both parties within ninety days after the -appointment of a third member and the City shall then have the option of whether to buy said property or let it remain under the ownership and control of the Grantee. Upon the exercise of this option by the City and its service of an-official notice of such action upon the Grantee, the Grantee shall immediately transfer to the City possession and title to all facilities and property, real and personal, of the CATV business, and the Grantee .shall execute such warranty deeds or other instruments of conveyance to the City as shall be necessary for this purpose. The Grantee shall make it a condition of each contract entered into by it with reference to its operation under this ,franchise that the contract shall be subject to the exercise of this option by the City and that the City shall have the right to succeed to all privileges and obligations thereof upon the exercise of such option. Provided, however, that the City shall have the right unilaterally to increase the purchase price provided for above, should it so elect, by an ordinance amendatory hereto. But such rights shall not be construed as giving the Grantee a right to any price in excess of that set forth above. G. After the expiration of the term for which this franchise is granted, or after its termination and cancellation, as provided for herein, the City shall have the right to determine whether the Grantee -13- shall continue to operate and maintain the CATV system pending the decision of the City as to the future maintenance and operation of such system. SECTION 19. MAPS, PLATS, AND REPORTS. A. Grantee shall prepare and file with the County Clerk a map setting forth its distributing system located within the City, which map shall be corrected and brought up to date from time to time thereafter, and shall be in sufficient detail to assure the City of being currently advised as to the location of the cables and facilities of the system. B. The Grantee shall file annually with the City Secretary not later than sixty days after the end of the Grantee's fiscal year, a COPY of its reports to its stockholders (if it prepares such a report), an income statement applicable to its operations during the preceding twelve months period, a balance sheet and a statement of its properties devoted to CATV operations, by categories, giving its investment and such properties on the basis of original cost, less the applicable depreciation. These reports shall be prepared or approved by a Certified Public Accoun- tant and there shall be submitted along with them such other reasonable information as the City Council shall request with respect to the Grantee's properties and expenses related to its CATV operations within the City. C. The Grantee shall keep on file with the City Secretary a current list of its shareholders and bondholders. SECTION 20. PAYMENT TO THE CITY. A. As compensation for the rights, privileges and franchises herein granted, Grantee shall pay to the City each quarter for the life of this franchise, the first payment to be'made thirty (30) days after expiration of the first quarter, said first quarter commencing with the effective 'date of this ordinance, the sum of THIRTY -SEVEN THOUSAND FIVE HUNDRED dollars ($ 37,500.00 ) or a sum of money equal to Y 4 TWELVE percent (12%) of the quarterly gross receipts received by the Grantee for the rendition of cable antenna television service within the City, whichever is greater. Concurrent with each such payment, Grantee shall render the City a full, true and complete statement of the revenues upon which the -14- return is based, and for the purpose of veri:ying the correctness of the same, Grantee's books, shall at all reasonable times, be subject to inspection and audit by the City. B. Grantee shall procure and pay for all occupational licenses and permits required by the City and /or the State of Texas, and shall pay all ad valorem and other taxes or charges levied on its system and facilities, and nothing herein shall be construed to exempt Grantee from any such payments or charges. SECTION 21. FORFEITURE OF FRANCHISE. A. In addition to all other rights and powers pertaining to the City by virtue of this franchise or otherwise, the City reserves the right to terminate this franchise and all rights and privileges of the Grantee hereunder in the event that the Grantee: (1) Violates any provision of this franchise or any rule, order, or.determination of the City or City Council made pursuant to this franchise; (2) Becomes insolvent, unable or unwilling to pay its debt's, or is adjudged bankrupt; (3) Attempts to dispose of any of the facilities or property of its CATV business to prevent the City from purchasing same, as provided for herein; (4) Attempts to evade any of the provisions of this fran- chise or practices any fraud or deceit upon the City. B. Such termination and cancellation shall be by ordinance duly adopted after thirty (30) days notice to the Grantee and shall in no way affect any of the City's rights under this franchise or any pro- vision of law. In the event that such termination and cancellation depends upon a finding of fact, such finding of fact as made by the City Council or its representative shall be conclusive. provided, how- ever, that before this franchise may be terminated and cancelled under this section, the Grantee must be provided with an opportunity to be heard by the City Council. -15- SECTION 22. EXTENSION OF SERVICE. THE GRANTEE SHALL, UPON REQUEST BY ANY INHABITANT OF ANY AREA OF THE CITY WHERE THERE EXISTS OF WHERE THERE EXCEEDS A DENSITY OF 35 DWELLING (BUILDING)UNITS PER STREET MILE, EXTEND SERVICE TO SAID SUBSCRIBER. COST TO SUBSCRIBER FOR EXTENSION OF SERVICE BEYOND 150 FEET FROM GRANTEE'S PRIMARY CABLE SHALL NOT EXCEED GRANTEE'S OUT -OF -, POCKET COST FOR LABOR AND MATERIALS. SECTION 23. NUMBER OF CHANNELS AND TYPE OF SERVICE. GRANTEE'S CABLE DISTRIBUTION SYSTEM SHALL BE CAPABLE OF CARRYING AT LEAST TWELVE (12) TELEVISION CHANNELS. A. FROM THE TWELVE (12) CHANNELS, THE GRANTEE SHALL AT ALL TIMES OPERATE A MINIMUM OF EIGHT (H) CHANNELS, WHICH SHALL INCLUDE ONE CHANNEL FOR EDUCATIONAL TV AND ONE (1) CHANNEL FOR ANY OTHER NON- COMMERCIAL SERVICE FOR THE BENEFIT OF THE INHABITANTS OF THE CITY. B. FROM THE T'W'ELVE (12) CHANNELS, THE CITY SHALL HAVE CONTROL OVER A MINIMUM OF FOUR (4) ADDITIONAL CHANNELS AND SUCH CHANNELS COULD BE USED ONLY FOR SUCH PURPOSES AS THE CITY MIGHT APPROVE, WHICH OTHER PURPOSES WOULD INCLUDE THE ASSIGNMENT OF THREE (3) CHANNELS TO THE PUBLIC SCHOOL DISTRICT FOR EDUCATIONAL PURPOSES WITH THE CITY TO OTHERWISE HAVE SUCH JURISDICTION, CONTROL AND AVAILABILITY WITH RESPECT TO SUCH ADDITIONAL CHANNELS AS IT MAY ELECT TO EXERCISE. ' C. THE FOLLOWING SHALL BE PROVIDED BY THE TELECABLE CORPORATION AND THIS SECTION SHALL GOVERN WHERE IN CONFLICT WITH ITS ORIGINAL WRITTEN PROPOSAL ATTACHED HERETO AND MADE A PART OF THIS ORDINANCE: 1. CBS - CHANNEL 10, CORPUS CHRISTI 2. NBC - CHANNEL 61 CORPUS CHRISTI 3. ABC - CHANNEL 3, CORPUS CHRISTI 4. KLRN -ETV, CHANNEL 9, AUSTIN 5. WEATHER CHANNEL 6. ONE (t) INDEPENDENT TV CHANNEL, AND IF ALLOWED BY FCC, ONE (1) OTHER ADDITIONAL INDEPENDENT TV CHANNEL 7. ALL CHANNEL EMERGENCY SERVICE B. CONVERSION OF UHF SIGNAL IF AVAILABLE 9. ONE (1) CONFIDENTIAL INSTRUCTIONAL CHANNEL FOR CITY USE, WITH CONVERTERS FOR DESIGNATED SETS. -16- 10. FREE OUTLET INSTALLATIONS TO SCHOOLS, COLLEGES AND NONPROFIT HOSPITALS. 11. FREE OUTLET AND INSTALLATIONS TO FIRE STATIONS, POLICE STATIONS, CITY HALL OR OTHER GOVERNMENTAL BUILDINGS AS THE CITY MAY DESIGNATE 1' 12. OF THE TWELVE (12) CHANNELS, FOUR (4) UNUSED CHANNELS SHALL BE DESIGNATED FOR USE BY THE CITY OR LOCAL SCHOOL DISTRICT. 13. CHANNEL 9, KLRN, EDUCATIONAL BROADCAST SIGNAL SHALL BE PROVIDED BY MICROWAVE AT NO EXTRA COST TO A LOCAL NON- PROFIT BROADCAST GROUP AND/OR SCHOOL DISTRICT FOR REBROADCAST 14. TELECABLE SHALL CHANGE ITS 12- CHANNEL INITIAL SYSTEM TO A 20- CHANNEL SYSTEM WHEN REQUIRED BY SERVICES TO BE GIVEN AS DETERMINED BY THE CITY, THE CABLE THROUGHOUT SHALL BE OF 20- CHANNEL CAPACITY; AMPLIFIERS ON TRUNK WILL INITIALLY BE 12- CHANNEL SERVICE UNTIL 20- CHANNEL SERVICE IS DESIRED AT WHICH TIME CONVERSION WILL BE MADE AT NO COST TO THE CITY 15 TELECABLE SHALL OFFER TO LEASE OR SELL SET CONVERTERS AT LESS THAN ONE DOLLAR ($1.00) EACH OR IN ANY EVENT ON A NON - PROFIT BASIS. 16. THE USE OF ALL THE EIGHT (8) CHANNELS IN EXCESS OF THE INITIAL 12 CHANNELS SHALL BE SUBJECT TO APPROVAL BY THE CITY COUNCIL. 17. THE INITIAL PLANT (SYSTEM) INSTALLED BY TELECABLE runLL GE A SiMFLEX SY STLM; A DUPLEX SYSTEM SM LL BE IN- STALLED UPON THE DESIRE OF THE CITY COUNCIL AT NO COST TO THE CITY. 1S. TELECABLE SHALL PROVIDE COVERTERS TO SCHOOLS AND CITY OFFICES AT NO COST TO THE PUBLIC AGENCY. SECTION 24. RATES. A.• THE FOLLOWING RATES, ON A MONTHLY BASIS, AND CHARGES ARE HEREBY AUTHORIZED FOR SERVICE UNDER THIS FRANCHISE AND SHALL NOT BE IN- CREASED BY THE GRANTEE DURING THE TERM OF THIS FRANCHISE, AND ANY ATTEMPT MADE BY GRANTEE TO INCREASE OR TO OBTAIN AN INCREASE IN RATES BY ANY METHOD SHALL BE GROUNDS FOR A FORFEITURE OF THE FRANCHISE GRANTED HEREIN, ACCORDING TO SUCH DETERMINATION AS MAY BE MADE BY THE CITY COUNCIL: 1. INITIAL TAP -IN AND CONNECTION CHARGES: $9.95• 2. CHARGE FOR EACH ADDITIONAL TELEVISION SET CONNECTION: $5.00. B. THE RATES WILL BE SHOWN FOR THE FOLLOWING TYPE OF SUBSCRIBERS: 1. ONE- FAMILY DWELLINGS, ONE OUTLET: $4.95 PER MONTH EACH ADDITIONAL OUTLET: 1.25 PER MONTH 2. TWO TO FOUR - FAMILY DWELLINGS, WHEN SEPARATELY BILLED, EACH FA`•IILY, ONE OUTLET: 4.95 PER MONTH EACH ADDITIONAL OUTLET: 1.25 PER MONTH -16A- 3. MULTIPLE UNIT DWELLINGS IN EXCESS OF FOUR UNITS, INCLUDING MOTELS, HOTELS 1� AND APARTMENTS, FIRST CONNECTION: 4.95 PER MONTH TWO TO TWENTY -FIVE ADDITIONAL CONNECTIONS: 1.25 EACH PER MONTH TWENTY -SIX THROUGH FIFTY CONNECTIONS: $1.00 EACH PER MONTH FIFTY -ONE THROUGH ONE HUNDRED CONNECTIONS: .90 EACH PER MONTH ALL CONNECTIONS OVER ONE HUNDRED: .75 EACH PER MONTH 11. COMMERCIAL ESTABLISHMENTS: SAME BASIS AS MULTIPLE UNITS IN EXCESS OF FOUR 5. SCHOOLS, COLLEGES, HOSPITALS, AND INSTITUTIONS WITH MULTIPLE INSTALLATIONS, FIRST OUTLET INSTALLATION AND SERVICE: NO CHARGE ALL OTHER OUTLETS: SAME BASIS AS MULTIPLE UNIT DWELLINGS. SECTION 25. SUBSCRIBER REFUNDS ON TERMINATION OF SERVICE. IF ANY SUBSCRIBER OF THE GRANTEE OF LESS THAN THREE YEARS TERMINATES SERVICE BECAUSE OF THE GRANTEE'S FAILURE TO RENDER SERVICE TO SUCH SUBSCRIBER OF A TYPE AND QUALITY PROVIDED FOR HEREIN, OR IF SERVICE TO A SUBSCRIBER OF LESS THAN THREE (3) YEARS IS TERMINATED WITHOUT GOOD CAUSE OR BECAUSE THE GRANTEE CEASES TO OPERATE THE CATV BUSINESS AUTHORIZED HEREIN FOR ANY REASONy EXCEPT EXPIRATION OF THIS FRANCHISE, THE-GRANTEE SHALL REFUND TO SUCH SUBSCRIBER AN AMOUNT EQUAL TO THE INITIAL TAP -IN AND CONNECTION CHARGES PAID BY HIM DIVIDED BY 36 AND MULTIPLIED BY A NUMBER EQUAL TO 36 MINUS THE NUMBER OF MONTHS THE SUBSCRIBER HAS BEEN ON THE SYSTEM. SECTION 26. PCCEFTANCE, EFFECTIVE DATE AND DURATION. A. THE RIGHTS AND PRIVILEGES HEREIN GRANTED SHALL TAKE EFFECT AND BE IN FORCE UPON THE EXPIRATION OF SIXTY (60) DAYS FROM AND AFTER THE FINAL PASSAGE OF THIS ORDINANCE AND UPON THE FILING OF AN ACCEPTANCE BY GRANTEE WITH THE CITY SECRETARY AND CONTINUE IN FORCE AND EFFECT FOR A TERM OF FIVE (5) YEARS AFTER THE EFFECTIVE DATE OF THIS ORDINANCE. PROVIDED THAT IF SUCH ACCEPTANCE IS NOT FILED WITHIN 30 DAYS AFTER THE EFFECTIVE DATE OF THIS ORDINANCE, AND THE PAYMENT OF THE AGREED INITIAL PAYMENT FOR THE GRANTING OF THIS ORDINANCE OF $150,000 IS NOT PAID OR CONSTRUCTION OF THE SYSTEM AUTHORIZED HEREUNDER IS NOT COMMENCED WITHIN SIX (6) MONTHS FROM SAID DATE, OR THE SYSTEM IS NOT COMPLETED AND SERVICE BEGUN WITHIN FIFTEEN (15) MONTHS AFTER SAID EFFECTIVE DATE, UNLESS EXTENDED FOR GOOD AND SUFFICIENT REASONS BY THE CITY COUNCIL, -17- ' PROVIDED2 UPON SHOWING TO THE CITY COUNCIL THAT SAID DELAY IS DUE TO CAUSES BEYOND CONTROL OF THE GRANTEE AND CITY COUNCIL GRANTS EXTENSION. B. IFS AFTER GRANTEE HAS COMMENCED TO OPERATE ITS SYSTEM, GRANTEE SHALL CEASE, FOR A PERIOD OF OVER THIRTY (30) CONSECUTIVE DAYS, TO ENGAGE REGULARLY IN THE BUSINESS OF PROVIDING A COMMUNITY ANTENNA SERWICE, CITY, AFTER GIVING GRANTEE 30 DAYS NOTICE, MAY TERMINATE THE RIGHTS AND PRIVILEGES HEREUNDER AND SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO GRANTEE IN SO DOING. C. BY THE ACCEPTANCE OF THIS FRANCHISE THE GRANTEE SPECIFICALLY GRANTS AND AGREES THAT IN THE EVENT SAID FRANCHISE IS GRANTED FOR A TERM OF YEARS, WHICH GRANTING OF SAID FRANCHISE WOULD BE GOVERNED BY APPLICABLE PROVISIONS OF THE CITY CHARTERS AND SUCH CHARTER PROVISIONS WOULD COMPEL AN ELECTION BY QUALIFIED VOTERS OF THE CITY, THEN AND IN THAT EVENT, THE GRANTEE PAY THE COST OF SAID ELECTION. SECTION 27. FORCE MAJEURE CLAUSE. A. IF GRANTEE HEREUNDER IS RENDERED UNABLE BY FORCE MAJEURE, TO CARRY OUT THE TERMS OF THIS FRANCHISE, OTHER THAN THE OBLIGATION TO MAKE MONEY PAYMENTS, UPON WRITTEN NOTICE TO THE CITY OF THE FORCE MAJEURE AND TOGETHER WITH REASONABLE PARTICULARS CONCERNING IT, THE GRANTEES OBLIGATIONS UNDER THIS FRANCHISE SHALL BE SUSPENDED DURING THE CONTINUANCE OF THE FORCE MAJEURE. B. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF THIS FRANCHISE ORDINANCE AND ANY RULE, REGULATION, ORDER OR DECREE OF ANY COURT OF THE UNITED STATES OR OF THE STATE OF TEXAS OR OF ANY AGENCY OR REGULATORY BODY HAVING JURISDICTION IN THE PREMISES, THE TERMS OF THIS ORDINANCE SHALL BE DEEMED AMENDED SO AS TO INCORPORATE THE TERMS OF ANY SUCH RULE OR REGULATION, ORDER OR DECREE. C. DURING THE TIME WHEN THE PERFORMANCE OF ANY OF THE THINGS REQUIRED UNDER THE TERMS OF THIS ORDINANCE AND DURING THE TIME WHEN COMPLIANCE WITH ANY TERM OF THIS ORDINANCE IS INTERRUPTED, PREVENTED OR ENJOINED BY REASON OF ANY ORDER, DECREE, RULE OR REGULATION OF ANY COURT OR GOVERNMENT BODY HAVING JURISDICTION IN THE PREMISES OR BY REASON OF ANY STRIKE, LOCKOUT, LABOR DISPUTE, WEATHER, ACT OF G00 OR 10 3 OTHER LIKE FORCE MAJEURE, GRANTEE SHALL BE EXCUSED FROM COMPLIANCE WITH THE TERMS OF THIS ORDINANCE DURING SUCH PERIOD AND FOR A REASONABLE TIME THEREAFTER AS MAY BE NECESSARY IN THE OPINION OF THE CITY COUNCIL TO BRING ITSELF INTO COMPLIANCE WITH THE TERMS OF THE ORDINANCE. SECTION 2$. PARTIAL INVALIDITY AND REPEAL PROVISIONS. IF ANY SECTION, SUBSECTION, SENTENCES CLAUSE, PHRASE OR PORTION OF THIS ORDINANCE IS FOR ANY REASON HELD INVALID OR UNCONSTI- TUTIONAL IN ANY COURT OF COMPETENT JURISDICTION, SUCH PORTION SHALL BE DEEMED A SEPARATE, DISTINCT, AND INDEPENDENT PROVISION AND SUCH HOLDING SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS HEREOF. 10 That the foregoing ordinance was read for tWafirst time and passed to its second reading on this the lay of , 19 by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore That the foregoing ordinance was read fo he second time and passed to its third reading on this the day of 19 0� , by the following vote: Jack R. Blackmon Gabe Lozano, Sr. I� i i V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore That the for g ordinance read for the txi time and passed finally on this the day of 19�1> by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore PASSED AND APPROVED, this the _ ATTEST: 3 City Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED AS TO LE L FORM THIS T DAY OF , 19/, Cit At orney 0 cone. sa,ben mat a sipwl of Otlequa}e _ 'STREET" IS the Surface of, strength and quality Is being daily- add al xpehse fh¢(eat swif be paid toasts such ¢mar fosowa;e ILWrm°- `ter rice f y Of the 1Mna - • Obay. and below, any Pub- erect. W frnpj e,i In the !ht a 31rttf or slimes the Clly CeunNl shall egast. f a der the terms of iMS Ord;• R, Md. ftlghwar, fittway, SECTION Ina. OPERATION -AN }her pubnc WaY Is aMndomd, Gfan- With respect b the Grontet's IRewr• Was and during the time when Car" ryAaveM rt, aleewolk, parkway. MAINTENANCE OF $VSTEM. in shall remove II of Its facililIn nK and eq)ean taloned to CAN•. Ila«e, with any tefm of this fdl• Nn idt hereafter Kls}Inp a A The Grant" dell ender Nfl- m City, c;enl eaten", make r�ol properly, Merefrom, and restore Me premises Operatblls within Me GIY•'. ece„fs werruyled, presented or 'SUBSORIBER" n am/ pet'• and Internal ice Mine pr Sena w]K t delay of cast t0 Ma pbuttlnq C TM GraniH shall keep file lelehcd by tea On f agy Older, rIN erxivbq for arW Wry as and f« its Nwrfnr time poNl, elN. wIM Me 1 S «rN°ry a t Rst decree; r le er r gaiahon Oi any G1TVr3eNia of Me ny M. Ole. Such In }erruplleN, Insofar as P. Thar G(oMtt'3 use N ezhtM9 N Iri slg lders and bvnN•eWxs. aWri lr aovernmdnl podY having IVr- -RiDle SMN be preceded by notice tIIiN enemeMS5r ifrnts, alleys aSd dEGTION 19.'PAYMENT TO- Isdlctlen in the premises, or by - `GROSS ANNUAL RE• and shall occur, during period f vuDlie ys may be praTWNetl In CITY. ( r I fanny strike, loek°ut, labor El,. ' 15 any and all'ComPensa- minimum use of the system, q o Hgsv Imawe3 where, In 1MD apinbn A' As cxn ;1.Ibn car the Y,phh. je� a shear, «f 1 Goa o that other CoNidenatim In arw B. The Grant" shall Inlpin od f the O;rMor, N Public Works, mNl p7iWle n nd fronchlses Mrs;n rP:e farce re jevre. Grantee shall be atevef and Y ConHlbutlhq a ce M me Gly whlU shall be open .Senn¢ fe, streets, aleys and pubNC orp�� GraMtt Shall pay fa' its cuftl- from com"""a rth the subsidy feclived dtredly Or do a oil gluon business hoofs, hav- WaYS veraowded due t0 1M CI}y ¢vCl qugryK fo[ the Ilk N 1hh Inns/ of this eMinance during ch , from ubserlbers or users Ina listed telephone, and be m arneM existence N utility systems Tra«Alse,�Me. first IuyrneM le be Pe end for v a..nable time • 1 pr }elevislon signals re- operated Mat cam0lolnts and M equipment. made thirty Ibl days Ile' expire- mar {t as may he Pect55ary In iMln the City. quests fm rggin dlustmenis n1• The Grantee's use f ufllity }Ion of the first quarter, hats Bat Me opinion f the City Council to IS ANNVAS. RiECEIn TS a on is, sheets, alieyz and white uaryer naind IM 1M •¢Nee• y "received at an time. It benauberoinafed to the u e GG a% kself In la Compliance with the I Include any I- o me G Tae service arotshed by Uran °Sae five date,N cots OraiMxe; me� m q{ }ha ordinance furnished W ibe :rats. Ica t. hereunder to cold Ciry and Its Itl ant Dy }M1e presently f thirty-seven Thoumnd F,w SECTION 21 PARTIAL INVALIDI- r dl n i K M It IMObllents atoll be first class In oil uillltles and me Grantee acre- Hundred dalkrs (s)]SOO.mI N C sum t y °^ 1-n""" hall. In the oa3ence f gross N t° hvmve paceM If AND REPEAL PROVISIONS, >y any CIi, }ate f met ..pads and shall be such w^II IIRnae and willful nduO et ex- 112 ^) 7 }heggvarferly pro- receipts If any s.flen, subsection, sentence, glal unit nd cCIIW d byy I .. the least donger to Ilse a e Istpn9 ulllitin m anln, hold ibe Ived by me Gronfee fat yyIpV l.use , ahrose or Pardon of this ordi ilea for swh pwernmentol property. It shall f II times n- City harmless far nY damage to dltlon of cable anten w Iejgl, Yer -_ W IIStor any real o halt laf clod 'LOCAL STATION" Is a tale• form to those technical standards GrantH's wires and equlpmenf loot- vice wltmA the Gry, k un it if M y ° 1 1 =phi tame to time by th e ed in mid easements In the vent greater. Concurrent wits , lent lurndiC "iM, such portion Oadmstinnpp stMlon Me Grade CC aIN set forts and Confalmtl In come ore domopetl as n It of payment. Grant. shall feller f'^° •sin° be deemed a porMe, tl151mc1, u f whkh Includes the [Ity "The Standards M Good E(rgglnHriM Inlelwwe owrallons peryormed by CNy full, Moe and campkte •sla/e• aW Independent provision 'and IChrist'. Praake" adopted and wbllshed by y a mats N the rovenHS 49a1 widen the . n9 shell oaf oflea the validity Of N T GRANT OF NON EX• sold Comm;aslon. the Clf Me neret0lore existing )the femalning portions hereof AUTHORITY. D. All Installations tle DY M. acllifles, arts fuarlehdet, In Me even, r loth If based, and for the purpose S too Is hereby oraMeif bye a her shall be In goof, sWStanlbl, Nmeslall.Nu, C ns MCIZrl, lee fenutlon, o yeriGraMX hooka, efen �at •reW Cor the first lmeoand poKad f0 the Gnanlee Ma IpM M fe contlinon and malntaimd In 5vrn pdtlitlo,, afntenance repair f naki than, be i N 'h Seed re ding an this the 16th to Comtrud, eYM, °penal¢ ce dlNOn t III Climes. TM Grant" Ilk¢ f «Ilitln by me cc or Iflllty IN -ct c. and audit by }ne M, day July, 0Me. by the fellewlnp It In, upon, along, across, :hall tee . 1. in Me panln & Gremtt shall re asd pay •vNe: rvm 01hd Inter Me streets, 3treeh alleys and public place, with- N. Grantee shall, upon f"wsf of ar all «cwrflmol IlttPP33le3 and per• J «k R. Biockmvn AYe ublle ways and places now out first procuring a Whiten permit any' person holding be oling f in required by tip 611tY: andef me Gabe Lamno, Jr. Aye or dedicated, and all %tap from wtlgrlxed represantativK 1 paying Pmmlt hsued by the cite, State of Tnaa, -and ha"h1.poy eM ad h W. "Dickde @w °sei¢Y`-�`' Ave of, nd addltbns MmdO, the City, and all work of loth kip fempomr,,p raise or lower ins wires va,ofem ant other ftaxnf8f°yca�rge a Ave Ity, poke, wirer, cabin, on Shall be done it w the supervision Io permit the moving of buildings, levied on lis system .4 fatlNtles, Ken McDaniel Aye tle ntluNS, matdplb, nd of Me CIN author tin and o s to ith the tllrecf cast iq bf beene Oy mid wM(Ig hefem Shall be Co1Xt01'ued W,!J. "Wrangler" Roberts Aye villan r duct.. and fix• meet the approval N the CIty Enyy1 the mover. fo exempt Graples Hom •M Such Rennie Slxemon Aye rry pr the maintena -e , No merge will be turtle by Me 1. Grantee shall full I y 9 Ordinance Was M i the CIW °f a CATV qt}yy pr Kid FF IL I xoMrg and bu110ina QulOil of PoSECTTION 2g. Charges. OF ,r,,d °iorniheieeegonla Nme and Paned or the 1Plereeptlon, cola and E. All INto1101oN and cannedlOw the Ciry, naMing herein FRANCHISE Ip Ifs haled reading an this the d day S�eOf Wlo and aeo Iyy m Iles, Coble, and! Ilnn from pined shall be nstru l to a tl- A In adtlNivn a aILefb.t ffbhh eft A.Amt, 1969, y the lollPw n, cf a its cadl}IOHs hereln GrantH's "Vipmenf�ard lvctu Its to IUte a waiver of any sock «polo - a d pawen wr}olmnp fd IM ant W .^fs sub5aibeR' re idencer� nd but dings lions. 11 N this 11mZ3se oofT' HteN.ise, Jmk R. Ifi.ekmrn Aye ! right 10 ce and occupy 'hall be mode nd irv.led 50 J Should Gnantee refuse or loll to the Clfy rvK Me rigrfep tennl• Gabe Lmmmo, Sr. AAye �Ofs, alleys, white Ways and that Some Snail be waterpfoaf and remove or r locate Its lines, pal -, to this frMel ss are, l rlgnK and V. A. •'Dick "t8mo , Jr. I}he purposK heroin set Iwcasslbla to Insects ant vermin. canduifs or other facilities a provld• pprlvilepn M hi ,ra, bera3dx E� air E. de Ases , AYrc II not be exclusive, and the F. The GronfH shall provide each ed Ip this or anyy then pr Ilion of In the event that its Gram.• _ K MCDOnI<I Aye t es its fight to Stets limn• Submrlber with w efficient 'Mlenw this ortllwrtce, Gity sMli have Me (1) Violates any pr(Z," W this -yy J, 'Wrangler" Rvberls Aye ef sold Streeriaalleys, pubic Switch by whlchRthe aubscryber may ryghf fo tle Me work, or Cone If tC ifanchix or y tole, &der w de• Rennie Slzemore Ave During, a period person I 11y antl Co Me troy sydtch hIS be done, and the cos} thereof shot] be termination of Me CH4 On G1Y.Cemp That Me /orcpa'"a ordinance was e during ma wrlod f this felevislon receiver from itK ale 'Ir9 Dle p Grantee rnd colteeNon NI made wrsuwt to MIS francbNe, read for the Mlyd firm antl peel copal Io an tone for direct eff- ON d. COMPLIANCE WITH fhealf recepfbn f IoM nd Y be mats by court action or f11 BPCOTK INNVeat, unable N nnally n MIS me- day of - ABLE LAWS 4ND ORDI• televlslon statims, a1 Mel and arrff otherwise. Inn: fo pay Its "dean, Is 1g� -, by the pll°win9 vote: request. K. Grantee shall btal. all - adjudge° ha krvpl, I. lick, R. Blackman Ice shall, N all times dery g, The transfer f all television mrY petrol's from fns Texas Hlgli- 101 Anerwph tP J110 N er,3• N Gabe L.mno, Sr -= life of Its pefMf hefeunder, knots t0 Cot ChrlStl Recelvlm woY Oe- rtment, The Cora Pf Engl- the ac111t;K Crepe He GN yl q, "Die k" Bmd ey, Jr. - si }° Me tablet exerciSe f plr,ey Mvlm MSiness a prevent in GtY IHee - EdmMO'E de Ases Sus nd an� aMef a er by Hie Gry and io Site bV mica w to be capable N our sdictlon f cent lev.3 and too Ina Same,_ m !pNVfd.•s-'ret- :e paN rebfodagf by a nonPrNif mrwrp pp,,,,c- syyr.- m- srM;;', _',••: ._ ,1-- a �od,:.��Rr�RO -belts Dmmble rcguailoN s the Pion under the zuwrvlsion N to any use of or construction In such Id) AHampts to evade mnlle Sizemore _ - y hercaNer establish by reap mhael dlsMla III Nieces C"Idy sited, and Chief public ways• provisions Of Mls 'firma. So os ^pro.^ PASSED AND APPROVED, this mince. T° nth end, me :hall have the following technical .L. Grantee shall agree to plae tices any iroad m dealt UP<R 1D! Hie -_SCE of -, Iq-• fbe s"clNcailons: or restore to lit ork1. candetian, or Cl N. j TTEST Y eCaM,Coirryi atldn�on the yIDEO to ° Condlnon pool mttefD, all prl- 8. Such lefmlnaflof eM lolJaN.lq• Ohere'. Co _shed and In Video In ....1 alt Compolle, Ned. ielY led publicly d proPerdY flan MII be by fdNNRGS any [IY Secretary w1lcaDI ordinances, n Sync ]5 Ohms. dam a 'Mid If Grantee's doted after 1hIrIY f30) days nonce AFpROVED AS TO LEGAL FORM sl reWlatla- as IS aholl,flnd Video out ....1 Voll Composite, Neq. �rnial olio. N or service k Its equip• a iha Gnantee antl hall h Ste wvY 'THIS TH y In the ezerclse Of he Po- Syn4 ]5 Ohms 1, affect any N Ma Clty'9 YkMa fader -WY THE pravlded its be Vertical Interval TI,t..Le.. than 5% SECTION I£ TRANSFER OF Mls franchise Tpr•any N fie a} }erminalln9 Point• FRANCHISE. tar, In Me "ant Z such °.tee shall opero1. Ih cam• Video bounce ....less Man 596 of PP Am• such franchise shall be a Prlvl• Lion and cancelanen dJull -' • CITY qtt «my ontenne television sVVStem In Video Level. nape a be held In personal trust try nflea of fad,' such finding 1 ice WIM the laws of the St 'h' Pre uen re3 n .. I or minus the orlglnai Gran}H nd cannot In as made by the,ClfH C"ad(.9a Nn a MAYOR N lice hengress M the q ry - se Pus Y 5 ntm,ve MII be Ne.' TH CITY OF CORPUS is, of and its 'egNa:laN of 1 tlb, 10 ryd. to B Me. any event be sold, transferred, pee § �_-.•_ "�'ij 1 Tgnmwlaahor8 Cammn- DlHefenhal oln ..Plus or minus S [ea ed, a signed or deposed of, in pravlded, however, ggt befaie` this CHRISTI, TEXAS Ich may now qI her.tM be tlb, t m% APL Who of sN �rt, e1Mer by farce Of lrcncjcd may 4 NtmkMO and 1.21 le Merck, No shall be Differential Phase .... Le's than 1% Involuntary le, by voluntary Co«elied under Mk lecN the _ I toy t Grant. env right 13076 APL le, merger, ceNOlkal flenen r other. Grantee must be_pSOSlded:wRP ' an' I lawfully within iM1a lur- Slpnal fo =.m." y belief than ]DDB Ise, Itnour for n f of the p- rtunity to be heard by the City i of a y omer Sequlatxy body Signal to a110 Bader than `�tyo Council of in° Ciry ex no, S by Council ry, and Grant" hM Scare e5 tlb, PPIRMS, WelgMed. Imlm, and men only under swh SFI:TION 21. EXTENSION OF d aft necessOry IlcenmS, pet• FOB! MafpM .... AO DB, ten loan tpndltlon3 e Y bet of th pre- SERVICE. d wNorimtloN as may be .1% of time. scribed. The sa;d consent of the city The Gfanrtt Shell, any . rawest by In order to comY on ° AUDIO may not M arbltrorllY refused; pro- any Inhabitant of any area N the Jfy antenna ttlevls'an service. Audio Input..0 db level Into 600 ohm. ended, hawHor, the Ixopaed As. City when }here exists of where ON £TERRITORIAL AREA podia Inwt..0 tlb level Into ego ohm, slpgntt must sham 11"helal respond• there CXCced3 a dm5lly of ]5 tlWtil- Fropuenc Or minus i db, blllty and must agree to amply wflh In p (buIIdM9) units pet Sireef `mile, ko«n;se Is bled fa fin y resp..gas all provlslms of in ordinance; ant extend Service iD said subSUlbef. territorial II h or ine City m cyclez l0 15 kc. Ided, furMer, that Va such Con- Cost to subscriber far extenSloh of y North added Signal to nalse..beHa, than (A do. uAt ��Wt guano d1s1oN1an.... LOSS fhon Te. t shall be oope, or pr r 1VOOM, eNla beyond lSa test from GNn• during Me term of this Hato 5 EC T I ON la SERVICE TO '^ trust' morf -g). or omer by -foe- tee's prima u cable shall net el7geed flan as a whole, t° secure an in Gmntee's tgy-p cket cost to la• ION 6,rLulABILIN AND IN• 5CHOOLS' Oebictlness. nor and materials. Tf:e Grmet,.hall �erlH ouch art SECTION 72 NUMBER OF, N• e , ..__ .. t ,hli[ SECTION 16 CHANGE OF CON- _ HP protecting the City and undef•calclfact through Southwestern commute a wogNOn m ores znanc�rnae used only for such PurPPS1 as the gaiPS1 Eaal,ry for lass Bell or other common carrier, or by by the GrgNes. City coign} approve, hie Clty fo have dperamal inanity, tleMh, the Installation of microwave towers SECTION 17. CITY RIGHTS IN such tur,sdlcllon, control, and avail - omage, «c°siorcC by and epwpmanf by Grantee. FRANCHISE blllty with res -a to swh Dddltlonal s of Grantee order such SECTION 12. OTHER BUSINESS A. The rigght is hereby reserved to rajpneels as If mdy elect to e%erclse, h minimwn IIabIIIN ,Ica pCTIV1TIE5. its City or its City Gmmcll to odept,, SECTION 2]. RATES. o f« ^verso per"' "A A The eysfem MII 1 can-. In o&4. to the Orovislons cut The allowing �eaA, °n a heart Y ° ^Y ° ur directly r IntlirMlY In ine s le lafmd hereln and In exisHnp antes' I basis, d I ar npersagl Injury service of telewslan sari. o «eSaorin ma ortllnances, lieu odditbM -9 thorned }or rylce Eer . n r more persona "n any Or related equlpmen}, otherr than the latloN a3 II SOail rind necesmry Vq fronchise,and Shan not be nin m ere, and 950,D00.e0 for serviNng of equkmen} owgo' by the Me zerdse f the police ,power: gy the Grantee: $ mo�erfY resulflrg from CorhpanY as a port N Its iraamn provided, that such r puIMIpN, by 1. Initml lapin and cg2r111con f •HOned-In me fore• 'V0^ >'dBrn• The syscV shall cot mtllmnce or.oMerwlIII shall be reo charges: 99,95. Y myna abpgesl, recommend «single oil Sanpble ant cot In conflict with hie 2: Charge for och additional joint. s�ppryry Fall name the DIN any feleVlsion leg Service mm rights hereln teanted• o et connection: 95.00. » d3ti. Its oNlars, bmrth, t0 be wtronlud tie Its beef- B. TM env shall have the NmM fo g 7pe rates Sum he snoWD lot a amts and employees, hem The Cemporw Np11 axerdse all INwed and stall cam -ten th .mks, records, Ps, {ollewinp type of subsal6eRa elf hbn that written mfla f I. Mfluence Its, a9onts, ION, I«arm a. returns, ant other 1 One -amllY it s, bm•WS- r reduction in .- - employees a,q r;I, nf'in ' ro re. Pke hr'al et dhe Grant. at any �1e1; y, phg, quire their came, one. with inns Sec- Nme EWIn9 wrrrial business Poars. m -per PIS !hall be delivered Ilan G TM Clly shhall have Me rl9ht, Each nddiHaNl "11<t; 1.25 !n (10) dpy5 in aMann S. Thla frariUine wthofixH oMY during the Ilta of •this frandilse, to 2. "•two to aurfomlly dwelllnm, XPalley which env =v. =• +.,..•�• -- take me pica m any vrner r1'1I , Me ,x,v =� ' Each addition a cother entity f perms than license, or permit whits mkht M City alomn systems On the h& month ilhove named, then Such P-11119 taunted, by low, of me Grantee that ch wire and pole flaturK do ) Multi le Ica l Co fain the sItanderd cr •Ina• SECTION •17. SAFETY JIEQUIRE• t Irderfera WIM me CAN opera- P ty ndorsemenl- MENTS. lion N Me Grantee f foot antis, . No fee 1. granted under this A Tha Granfes shall at all times D. The Ciry shall have me right t° 1els, and a -r ling Ce shall be ell «five un:ass or employ or0lnary Yore and shall in- ';wise all caNfivcl7on or INfala- lion: III acts f Me f0,.oing wlicies N stall, Intaln tl e oM` flan work pertormed wbiwt to Two to Tsv uraKeea required In tors sedan «cep1M meMOa and devlrn )o Srovislom of MIS Ir°rMdse and make n Item 1 ve bttn deHvNed to Me City. preventing ailufes antl aWd t3 uch inspeabns a It hall Iintl - Twenty -Slz M ). The Grvntee shall, cD11a)rrenfly whlgh are likely a cause tlaPiOge, sorry to Insure Compllana with the icons• h Me acceptance of °ward of any in Irks or nuisances tome phAllc. terms o} }his /raKhlSo antl other I'll one In, mhlse Wanted under this di- �• Grant" shall Wall ant malre perlinenf provlslms of law. cannatl.ns: ece, file wdh the CI Secretary, }pin Ih wlrn, cables, tbdures, and E. At Me expir°fim of ms term br All connecfi°n . d at all fhon tner r coal.. }IKr egelpmmt M ocaafdalece with which this fro «h,se Is granted, Or 75 each per led force oZ ene0l ter Me term IM r.ulremenri of tM National upon Its termination ant aance11 Min, A. Commerc such fM-1., t G%%.. nds fe Electf I Cnde, n966 EOlibm antl :pravlded far herein, Me Clly shall Same basis , oNe, a wTOnate mhw tiara [odes d ndmenls hove Me Ylghf to requlre Me Grantee x of foul y approved by, and Mer'to w ad by Me Glry C°uncf, p emov t Its ex-.a all 5, Schaal , Co m io In ppraved bY• ms GIN In n ne Mm mar will of portlaN of cot "t"' ystem from NI Ins111.0. w xn t:, In the amount m 550,000 W. Interfere or Conflict with "W I ll 11 - publlp wa'. wlthln me GIIY. 1Co�f. elrNS o, leWOble annually, and eon litimeed fions of the CIN or m r public utlllly p, AI I*h explraflm of Me term far ' c Dn the /althlul pefiprnlana 1 tervk the Glfy. Sumo this irarich's Is graNetl, ar, All they out anke, and upon the lurtber canal- C fprpniH shall at all times keep upo Ifs krmfrgtbn ant wncellahon, multiple If that In the event Grantee shall pnd malntaln In a safe, ulfable, a Drovitled, ar herein, the City at Its SECTION 2d I to HIhWY with any one or more substantlol condition, and In good election, and upon the payment of a FUNDS ON TEF pvnlar of this francMM there order and «pair all structures, Ilres, air evaluation thereof, to the Gran- VICE. OR be - wrisli 1.1.2 d see..ulp, nt antl annectl.ns In, over, too, shall have the right to yp c 0 If any subxril any, an Me prlmble pnd surely N ypder, arc' open its 'reefs, side• and eke over Me CAN system M IeSS th an three M bond anyy Peerages «loss sW- Walks, Ileys, nd public Ys In entiret�y 3 ell as Y Omer Vice because•N ed by !ne CI Nt thereof, places of Me Gfly, wheravH situated Property of me Grantee IMIn sold 10 render serv;t :IWinp eIW all wf N env cons- IoMm City relplep to Me fna""I"' ant IM m.v I o IndemnlliCot -1 ar Y of rD Gr -ice shall Intaln a forth Grpn1.'s openaif- in reorder. The herehb of If so e ov I or ahandanment N any prop al q K101np agents o have art. sign' opt I"'- and Me of Ins than thin ly of the Grantee a prnc,,Ced employers at otl !Imes and shall Mve Grantee shall of receive, miry at without n ,,,, whirl, may be In default, PIU3 :pt(ICient emabYeK a provide cafe, for tthe evalwilon of onY Ima[nt the Grantee ,smeable alkwance f« oll.mey3 Dii quak, and Proper'Smvk 1, for its privilege ap- rfointn. to IS uMer this CAN business es pnd costs, uP a the fell amount ac,llfles. franedse• any re03m, exc the bond; Id condition to be a SECTION 10. CONDITIONS ON To arrive at a air evaluation of franchise, the G MMJIrp eblkkap�lan to M:a durallpn STREET OR EASEMENT OCCUPAN• the value of fold property, the City, such Subscfiber suds fro-hHe antl the I'or a if Ch' AND COMMON USER OR Bit elects to _St. ih;s opton, Gnan}. na Ilquitlated all of Iis LEASE OF FACILITIES. SMII ap -int no op- oiler, G. fee I - Initial ld lll , ga11oN wIM the Clly that may A Grantoo shall a me poles, 3MII opwlnt a seCoM, and Me two Ilan from me pcceprana of Iinef, condulto, cable « other r11111' leaetl shall vp -Int o Mlyd; but d mWtlplled 1 Kn HanahI,. by the Grantee or Nn maintained by Me telephom am If Ins/ ore unable p a0rH, tee Mirtl mino. ma n 9hn Its e e ise of OM p I'll .I electric Com -nI- when nd here ppralseY shod be appolnletl by the subs[riber has t tfeln ypranleda. Tha hand shall pr> sydh (ocilitin con be pbteinetlmprov Ihen prnitlina lutl9e 1 any Texas SECTION 25. tle that Su tlayt poor written )hotly Ided SMISfOct. agreements be DlsMlct Court haVing Inrlsdidlpn In EFFECTIVE I Ink Pilon cot to anew, concella- entered Into Wnh Sold Wilily camf op Nieces County; old its m... o TION xL of material change, shall be Its, In lieu f cantMetinp Its own oppDinto shall file a report N their p• The rights hn to to Clly. pates, In older to carry Its cables evaluation WIM both par in with granted shall h E Nalfher its provlskro of IS d conduits and other equlpmenf as upon the cton, any bond Repted by ine that Y lit oesmry In der fe nine days attef the appolnlme st of (60) days from fY purswM mNe10, car wy dam - Conduct Its business In the C a Mlyd enlbef an d the CiN hall passage of this In recovered byalbe Clty ihereu C Deb ,Grantee shell prnlsh then have the option of whe her to the fillnp of On shall be trued to us =III ofe which will mclte ine such buy sold pfaparty or a IN 1} rtmaln tea Wltn Me ithful rtarmana aY the Grumee q grKene t has been entered Into, der Me ownersMP and control Of ntlnue b p, ' Ilmitpina IlaOilily M the Grant. ulna forth ine terms arW duration the Grant.. term N five Mir any frwNix Issued M1ereunder. �( Me agreement. upon Ms axerc;se of cols opn by o{(CRlye date of far damageSr timer a the full g, Grant. shall not Place -In or the City and Its service of w oHlclal Ided. that If sn mount m the bord «otheM'Im. ffxturK Whore the soma will interfere tle of such action won Ma Gron• filed within 30 SECTnON 7. 'PROHIBITION OF with any gas, elecirk or telephone tee, the Grant. MII Immedlotely five date of ih AY-TV Hxlura Wafer hydrant or moin, and 1n S r to iM1e CNy possession d payment f th N Is hM eW doled tha eMe put- ally s•SUth pain o that fixtures title a all -111 IS M property, merit a� sheen rd:S,awe :M,ll tee Neal real On armnal Of the CAN bull- establishments: multiple unit! In 6uduo antl vitl. Ignal ddtrlbuthan - peratinq M any televizlon set a Coln pubbc ways. Grandee shall -be under this franchise toot tae contract }he Ci�y Council, - oviCcd,N uWn slness, arts I artnerance thereof, operating or any or" device or means for Wired to use existing poles, except Mall be subject l0 1he exeralse m gnawing to its Clty Council Mat sea oraPO ed to erect and maintain cer- CO4 Or omoney fm IImIVAU.I den M, ce Is provided by under- this %jim by the City and MM the delay Is due f° causes yard control of to of Its plant ansfrualon in the programs. :hind imtpllalfan. CItY shlll Mve the rlaht a s,.d Gry N Corpus CONStI, Texos, harem- SECTION B DISTRIBUTION. DIS- C In pay subdivision N Me City to all privllepes ant ob 9MlOns there - °f Me Grant. and City CaulRil otter referred to as "CIN"• and CRIMINATION. Where telephone and electfl[ Ilnn of upon M° exercise N such option, Grants eXtenslen, Yf WHFJSEAS, it Is to }the muNal A Tne fwililles used by the Go' app cooler are pprtnanny exh1l� ant prpyltled, however, that the CIN B. If, °Her Gnapf¢0 has commenced odvanfoopaee f boor Me CNy and fee shoo be wpoble of tllshlbNlm serving sold subdlWSbn antl lo• shall nave the eight unllotenaily a f0 operate Its system, Grantee TNeCOble, Mvt m agreement should color TV lanais. and when the S.- wjed below grouts, Grant. shall Ina.se In* parchase pnd pro Ided 11111 se, for perind of over be tVed Into between TNeCaDle hall ine Granttt tllsinpvtee a Doge to piece Ifs [pales and with pr above, moue 'f so Itci, p Y (3a1 tense <uli�•e tlays; p !h and City nlablimig the acts- pad In Ica they annals Ce tllsirt- below grmn0. Furtnermofe, where oMina «e a datary herele.yeuf egularlYm In the bu lnesssyl tloN wdK whKh TeleCable WIH op Euted In cal« when f «hnicolly tea- cold felephom antl clear,° Ilnn and such rlghh shall not be eonsirved as Providlnp a m Ity antema 44' crane In }he CNy. slh,e. r cab,. it ll -Irld above 9f "Do, aying the Gnanlee right to a y Ica' Cl y, after giving Granitt f NOW. THEREFORE, BE IT OR• B. The Grant. shall not grant Ory Grantee may arrolhge to ploy its Prfee M excess of teat set forth says netltt, may terminate foe rl OAINED BY THE CITY COUNCIL undue preference a an person or bin antl Wires below group, wim above. d privileges hereunder d Si OA THE CITY OF CORPUS CHRIS- ublect arc' person within any doss jhe approval of its Director of D Mve no rnpaalbuliy or ]Job Il s F PN G. After the a %piroilon Of the term 71, TEXAS: of subsRkers to any dsaimlnallom Inc Works. for wh;al this franchise Is gnnled, Grantee In sa dafnq. •. SECTN)N J. SHORT TITLE. This a rat., ctwrg<sf service. service O, In Se m 'arty disarbanH OI r anR Ifs lermlmtion and - ncella- C. fl ¢the acceptance of this f ordirgnce shall be knaxn and v a dlilin, lee f <paatloN or In ppyephent, sitlewplk, dnveway or afh- jlon, as aroVb<d ar Mreln, the C7N °hlse, iihl Grantee specifically am be coed as Me "G -Sal geed T<Ia rW other respect rfacing, GraniH SMH, In ac "con nd gr<Cs Ihen k Me !vent S , Cable Cor- ration•' COmmJmty Ap C, All Progrortn f loan N la- a• hall save tM Ignt deferrthine tenor TeIHMan Como Py Randhlse flaw .Ard Me Gnanfee amll be "manCo Ica e. So I.P whether the Grant. snail llnee a franchise IS granted fat a term N Ia» Mrevflet aw11ca0k a the nnklnnpp I years, which granting f mitl trap Orolppntt". cart,. In Melt entirety o5 rerelved' en cuts and in a manNr 1, net «rate and maintain Me CAN sYS- hiss wawa be SECTION 2 DEFINITIONS. with amgunttmenta ores pdvertislfg tam wndltg the dedslon of the CI^ governed by a0p11¢e A For the purpose of this ortll• cjy witiguf pdtllit, the" Surh repulatloN and arcroved by s a coo future im net a d bb SrovlSfans of the City Charter, the •Deparime0 of 'Public Works, re• ° and h chic pfovislans m«e, Me allawlnp terms, PhrosK, SECTION 9. SIGNAL QUALIN pips arW fKjCre all pavin0, side• epero' of such system. ma 1 an elec'lon b ords, and th eir derlvaNON shall REQUIREMENTS. elks, driveways or Surface a/ any SECTION le. MAPS, PLATS, AND ers f ine City, then uu E nlned4 f have the mei of- herein, When A The Grpnke atoll product street or alley disturb., In id good REPORTS, event, the Grantee any Me cofel net inconsistent Itl, the context, picture, whether M blade and white a candiNOn as before said work was A Grant. shot] prepare and file sap election. �L duos used b the present term Iry r In color, that Is undnfmfed, free cammenlxd, antl shall Intaln Me will, tM County Clerk a map senmg SECTION 26. FORCE MAJERI de the future, wards a the plural from Most Images, and accenlDD to_ estoraflon In an approved candiPon forts Its tllstrlbWing Symap lomtetl CLAUSE. Include Me singular bet, o Es with propel and typical tabs jgr a Period N (1) Y.r. Upon within the oCNy, whld3 op 3h011 he A If Gmajee hereunder is prep In the Iqutar amml «nude Me dard prouctfan TV sets M good INtollatlon of wtleraolxd cable Sys. Corrected nd him Int W to date tlerctl line, by fora Ma r it plural number. The bertl MII" Is pair, and s good a the safe N )em, all ircefs /gull: concrete, 'ran lime to time tee o d lei sp Nmys man0abry prd not merely the art albwa. tem, z phOIL Invaded hall be In sulgeleM afall to assure drry out its terms of M;3 franc Ise, directory. e. The Grant. shall trammlt sip irvllan saface wits wrb antl gWIR Me Of of being cum l Cadv;sed as font Man the "upea ion a tee (1) CITY" Is the CItY of Carpus Pali of atlequate strerglth a Produce mirualon, saall be bored ant m- fa the bceliOn of tae Obin and e1' paYmcnls, upon written tgtla ChAStL Texas. good Older., with good t"nd -14,11 pin Inela*Id N casing. fa<illlIn of Me system. to me City with its prat maleure a A hr "COUNCIL" Is the Clfy GDw• out is without causing crNS+n E. In M° event into at any ifine B. The Grantee shall file annually fo"Ihef with rmsonabls wrtl "Ian :II of Corpus Christ[, Teas. lot'- In the co es or Inferterfinp during Me period N this Ordin°ntt ith the City Secretary not Iatef than concerning it the Grontee'a omlga 171 COALWUNITY ANTENNA with other elMflcW of elecifoni< the Clty Shull lawfully cleft to alter, Ixty days enact the end N iha Gfan: dons ntler this franchise shall bi TELEVISION SYSTEM ", aereaaltef Systems. of donge IM 9roda of any S1rteL t e• fiscal y r, a aPY 1 Ifs rP during the continuance el referred to as CAN System' C. Tree Gron}ee wall lima fail �n alley, or other public way, or v «ofe ports to its stockMlders (it It pre• the force m0[eure. - s; 'system•', mmm a system of coc%+ei a minimum M locatlrg and qr abantlan sagne, Grant., upon pores ° rewA), on income S. In the event o1 nay conflIt' bin or other ulearlCol corduaors cling inimu by I pfonlpiy. nameable natla by Me CIN, ghats tatemesPt a- l,Cob,e to Its operall°ns between the terms of }ryls (fanchiiE sod � gment used to De . eD. The GroniH SMII carry local foSMWlth Rm "r, I n;owte during the - ecetlirp twelve months o dinpnca nd any rule, reOulMl ImarilY a receive ouCio and video }elevislm sa11oN located in Nu «n W ° rder or tleatt of a Ignois, direcny er kdlfmtty oH- County Ica their present Morel Its win, wins, tables, Intlerground Per lnd, a Mla «e shttf and a fate- ., court of t Meolr, by Mcw.w and bV local umber tlesgnailaN and mIY with Conduits, mwbOleS ne omer tale- } of Ifs Pra -rtles tlevoted tO United States Of of ihe.Stole of Texp'. )f19P011on, arts to frangNt them a those dKI00ataf8 unlns the Council, Phone Flxiures, al Its a awns¢. CATV owrM'ring be ceteporlas, giv. r f any bpency or rb9 lalory hod{{ gbsRlbns tar a fee, by artllnance, flMS that It would Sul City shall nave Me rtp"' t all Inq Ih Investment nd s h pro -r, having lurbtlichan in the premisrS (/) PERSON" n any penes, be ecammlmlly or in '.sally lost times, to rtqulre Grantee a change ties an the basis of eri0lnal all, tell dee terms of this ordinance shall, Glitz b deem. amended spas - Pear- a I Irm, partnership, anoc;atim, car -r- bit to to so; antl ppee ml's the trans the iocotlon of any ppoole, conduit, line the a -Ilcebl depredallm. These re- the terms of any such rule or regulp Sibs, cam -nay ear mpaM)Mlen N mission al local stallOm on Nwme1 r facility when, In the opinion of the -rts shall be Drew:o or apProvea lion, order or demee. s any kind. number dnkM,ON other Man their DI rMOr N �Pubhc Works, the public by a Gentled Pubic Ace a, Pt and (5) "GRANTEE" h Te,ecable ar present chmerml designations. Hnvedifine, requlre spas change, Men shall be submisted olCrg wits C. During the time when IM pet, PUBLISHER'S AFFIDAVIT J, STATE OF TEXAS, lss: =' County of Nueces. 1 Before me, the undersigned, a Notary Public, this day personally came ... ............................... .........Le and...Cc. - -- Barnes ................... . ... who being first duly sworn, according to law, says that he is the Classified ....Manager .. . ............ of the Corpus Christi Caller and The Corpus Christi Times, ............ Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of ...... Legal - ..Notiza-.- .:AIi- .IIUIK NCE._- .-c.oastal - --A. end. - Tel. ecahle... Q=- p. .................. - .... _ ....... — of which the annexed is a true copy, was published in ......t}4e�..T.i- Fns3 --------------------------------------------------- - ------ ---- on the ..... 2.1.. day of .......... J .U1- fir.................... 1969.... and once each..... AY. .............. thereafter forl .more day on August 8, 1969. au�eaadm�scxx .--- .............. .............•................. ......... 2 .............Times. 3- 2.2...46 4'�'U 4a6' . . el, T-:•�X V. 1W- - - - - -- �- Subscribed and sworn to before me this .- ...2 19 .. 69 -. - - -• Louise Vick otary Publiq Nueces ounty, Texas 3 .1� July 16, 1969 Mr. Leland Barnes Classified Manager Corpus Christi Caller -Times 820 Ncrth Brccd,vay Corpus Christi, Texas 78401 Dear Leland: Herewith you will find the following ordinances: o. granting a franchise to Coastal Bend Cable Television Corporation; b. granting a franchise to Ccblecom- General of Corpus Christi. ?lease publish these ordinances on the following dates: July 21, August 8, and August 22. The vote an the second and third readings will be called in to your office after having tcken place. Sincerely, TRK,,Ijw Enclosure T. Ray Kring City Secretary A 0 TeleCable Corporation com munily an4anna {oiovision 150 WEST BRAMBLETON AVENUE NORFOLK, VIRGINIA 23510 AREA CODE 703 625 -1431 CERTIFIED CHECK f i 4 TeleCable Corporation community ant ®nna tgl ®vision May 27, 1969 The Honorable Mayor and Council City of Corpus Christi Texas Gentlemen: This letter with Tabs and attached cashier's check in the amount of $5, 000, constitutes the bid of TeleCable Corporation, Norfolk, Virginia for a CATV franchise to serve the City of Corpus Christi, Texas. TeleCable Corporation is a holding company incorporated under the laws of the State of Virginia. TeleCable Corporation has six (6) wholly owned subsidiary corporations presently operating CATV systems in twelve (12) political jurisdictions. TeleCable also has three (3) subsidiary corpora- tions presently engaged in preliminary construction of CATV systems in three other political jurisdictions. TAB 1 - CAves more specific details on the corporate struc- ture of TeleCable Corporation, its parent and subsidi- ary corporations, and TeleCable's experience in operating CATV systems. TAB 2 - Is a group of letters of recommendation of TeleCable Corporation from municipal officials, businessmen, TV stations, TV sales and service establishments, and newspapers in the local communities wherein TeleCable now operates CATV systems. TAB 3 - Is a certified financial statement of Landmark Commu- nications, Inc. , TeleCable Corporation's parent. Also included in Tab 3 is a letter of committment of funds, to TeleCable for construction of a CATV system in Corpus Christi, from Mr. Frank Batten, Chairman of the Board, Landmark Communications, Inc. If awarded a franchise, TeleCable Corporation expects to establish a wholly owned subsidiary incorporated in Texas to accept the franchise and construct 150 WEST BRAMBLETON AVENUE NORFOLK, VIRGINIA 23510 AREA CODE 703 625 -1431 The Honorable Mayor and Council Page 2 May 27, 1969 and operate the CATV system. TeleCable proposes to use the name "Corpus Christi TeleCable Corporation." The following are franchise fees to the City proposed by TeleCable: (Sam P o-%L 3) page 3 Total Franchise payments "GUARANTEED" to the City over the five -year period amount to: $900,00 The following are rates to subscribers proposed by TeleCable: Installation Charge Monthly Service Charge Residential (per dwelling)(ohe ..,;l1) 1st outlet $9.95 $4. 95 each additional outlet $5.00 $1.25 * _ -D cAwe11.��5 — 6 -. e a5 gbaue is1 e� o ��+ Multiple unit dwellings, it.a'.i�duvl E ;��( b1tl; lno�za��967 motels, hotels, etc. (when handled on single billing) 1st outlet Time and Materials $4.95 2nd through 25th outlet " 1. 25 * 26th through 50th outlet 1.00 * 51st through 100 outlet " 90 All over 100 " .75 * Commercial establishments SAME AS MULTIPLE UNIT DWELLINGS Schools, colleges, hospitals, etc. First outlet installation and service - NO Charge, all others, same as multiple unit dwellings. m All monthly service charges subject to 1076 late charges. Initial Franchise Fee Guaranteed Minimum % of Gross Receipts Upon acceptance $150, 000 Year One $150,000 12% Year Two $150,000 12% Year Three $150,000 12% Year Four $150,000 12% Year Five $150,000 12% Total Franchise payments "GUARANTEED" to the City over the five -year period amount to: $900,00 The following are rates to subscribers proposed by TeleCable: Installation Charge Monthly Service Charge Residential (per dwelling)(ohe ..,;l1) 1st outlet $9.95 $4. 95 each additional outlet $5.00 $1.25 * _ -D cAwe11.��5 — 6 -. e a5 gbaue is1 e� o ��+ Multiple unit dwellings, it.a'.i�duvl E ;��( b1tl; lno�za��967 motels, hotels, etc. (when handled on single billing) 1st outlet Time and Materials $4.95 2nd through 25th outlet " 1. 25 * 26th through 50th outlet 1.00 * 51st through 100 outlet " 90 All over 100 " .75 * Commercial establishments SAME AS MULTIPLE UNIT DWELLINGS Schools, colleges, hospitals, etc. First outlet installation and service - NO Charge, all others, same as multiple unit dwellings. m All monthly service charges subject to 1076 late charges. The Honorable Mayor and Council Page 4 May 27, 1969 TeleCable Corporation has no agreements with any other group or cor- poration except those shown in Tab 3. Additional details of TeleCable's proposed services to the City of Corpus Christi and its residents are included in Tab 4. If there are any questions concerning TeleCable Corporation or this bid, do not hesitate to call me collect at 703 - 625 -1431. Yours very truly, TELECABLE CORPORATION D. A. Purcell, Jr. DAPjr /b Vice-President Enclosures TABS £ -- TELECABLE CORPORATItjiQ TeleCable Corporation is a Virginia Corporation chartered May i2, 1964. TeleCable is a subsidiary of Landmark Communic:.%tions, Inc. (formerly Norfolk- Portsmouth Newspapers, Inc. ), which publishes the Norfolk morning "Virginian - Pilot" and the evening "Ledger - Star", and the Greensboro, North'Carolina "News" and the evening "Record ". WTAR -TV -Radio in Norfolk and VTFMY -TV in Greens= boro are owned and operated by Landrr k ilso. TeleCable has five years` experience in CATV. ` It is a management corporation engaged solely in the direction of six CATV operating subsidiaries serving twelve political jurisdictions, under twelve franchises. The attached chart shows detailed information pertaining ' to each; We have an experienced staff of management and technical personnel, well qualified in all aspects of CATV operation. All necessary-equip- ment to operate a new system is either on hard or will be obtained. TeleCable has substantial investment in CATV, and is proud to state that each of its systems is progressing at a satisfactory rate of cus- tomer additions, as is evident from the chart. This may be considered evidence of highly satisfactory service to the residents of each commu- nity. Our accounting is performed on an IBM 360 electronic computer which provides timely management information_ and assists in keeping over- head costs down. i I (a) - TeleCable Corporation Operating CATV Subsidiaries o _ System Began Number of Service to Subscribers Corporation Subscribers "4/30/69 Franchising Authoritv Roanoke Rapids 3 -65 3,005 Roanoke Rapids; TeleCable 11 -66 Weldon, N. C. Beckley TeleCable 10 -64 4,470 Beckley, W. Va. Mabscott, W. Va. Raleigh Co. , W. Va. - • -• - Princeton 1 -66 _ _.. 2,004 Princeton, W. Va. TeleCable Auburn - 1 5 -63 2,705 Auburn, Ala. Opelika 2 8 -60 Opelika, Ala. TeleCable Selma 1 1 -64 2,810 Selma, Ala. TeleCable ` ' Dallas Co., Ala. Craig AFB, Ala. Decatur 3 8 -64 4,190 Decatur, Ala. TeleCable 19,184 1 System purchased by TeleCable September 1, 1966 2 System purchased by TeleCable June 30, 1967 3 System purchased by TeleCable September 29, 1967 'TeleCable now has systems in preliminary construction stages in Wytheville, Virginia and Racine, Wisconsin. W-1 17 a � � r., �4 H. R. THOORLNTON Q1 f III I �I�ft9` 1iT 4,1I�l111 The CITY of AUBURN ALABAMA J' t• Mayor and City Council March 25, 1968 POST OFFICE BOX 511 TEL (205) 821 -1900 AUBURN, ALA. 36830 The City of Auburn has a franchise agreement with Auburn - Opelika Telecable Corporation to supply this community with television cable antenna service. The City of Auburn finds this company to be honest, courteous and efficient. To this office's knowledge, they are well received in the community. The company is civic minded and on numerous occasions have volunteered to perform public service projects prior to any solicitation. The City of Auburn and this office is very pleased and proud to have this company as a member of it's community. Sincerely furs W H. R. Thornton, Jr / City Manager HRT:cr Affiliation TELEPH0NE: 887 -5141 CHAMBER OF COMMERCE 26 March 1968 TO I-MOM IT I•IAY CONCERN: 130 TicHExoa AvENUE AuBuBN, ALABAMA 36830 The Auburn Chamber of Commerce takes pleasure in recommending Auburn - Opelika Telecable as a progressive and reputable member of our business community. This company renders courteous and efficient service both commercially and in assisting with Chamber - sponsored projects. Manager Charles Wood and his staff enjoy an excellent reputation in the Auburn - Opelika area. They are valuable mernoers of our organization and give generously of their time and onergy in the fulfillment of its objectives. We are proud of the.integrity and reliability this company has exhibited in its business dealings with this office. Sincerely yours, Otis Si•Soreman, Executive Secretary OFFICE OF CITY MANAGER 919 537 -2205 (9itV ITT gUtXTp 6 gapi s ROANOKE RAPIDS. N. C. 27870 March 28, 1968 Mayor and City Council Gentlemen: I am writing this letter in reference to the TeleCable Franchise in the City of Roanoke Rapids. TeleCable has been in existence here since December, 1964 and thus far has fulfilled its obligations of its services with the City of Roanoke Rapids with excellent service and without hesitation. We have received the finest co- operation from its management staff not only in their regular duties in providing CATV, but also when they are asked by the City to assist in civic projects when their men and equipment are needed. TeleCable also provides additional employment within the area serdiced. I guess that the best testimony that I can give about TeleCable is that I am a subscriber and would not consider using a regular antenna. Respectfully submitted, x�,�r �� 0. B. Stokes City Manager OBS /dn O. B. STOKES City of Beckley 409 SOUTH KANAWHA STREET • BECKLEY, WEST VIRGINIA • PHONE 253- 3392 -AREA CODE 304 Mayor and Common Council Gentlemen: The Beckley Telecable Company has been francised to operate in the City of Beckley for more than four years. The company has been very prompt in paying its fees and taxes to the City of Beckley. Their equipment is kept in top -notch condition at all times and we feel that this company is an asset to the City of Beckley. It provides for all of our citizens more complete television coverage than we have ever had before and it provides all of us with a wide selection of television programs. If you have any questions concerning the francise or their services we will be more than glad to answer them. JWS:pb Sincerely yours, 9�-� " nx� John Wesley Smith, Mayor of the CITY OF BECKLEY The City With a Mine of Its Own 0 CITY OF SELMA SELMA,ALASAMA 36701 JOE T.MAITBERMAN April 29, 1968 Mr. William F. Buford 1 Broad Street Selma, Alabama 36701 Dear Mr. Buford: On behalf of the City Government of Selma, Alabama, I would like to take this means to compliment you and your Company both for the service you are rendering and the spirit in which our Community has been affected. Having been somewhat dubious about the service and whether it would actually be a benefit to the Selma area, I can personally state that your Company has faithfully performed its duties with respect to our franchise agreement. The management has been honest and forth- right, the company while creating employment for local people has chosen capable and good citizens as well as being an economic factor. While your main office is in Norfolk, Virginia, we consider you a local company in the way you have participated and cooperated with our many civic ventures and enterprises being of valuable aid. We appreciate your participation in making Selma a better place in which to live. If we can ever be of service to you, please let us know. T in rely, JOE T. SMITHERMAN MAYOR, CITY OF SEIMA JTS /kc R❑AN❑KE RAPIDS CITY SCHOOLS 719 ROANOKE AVENUE ROANOKE RAPIDS, N. C. J. W. TALLEY.13UPERINTENDENT T[LLPNON JC 7.361! July 5, 1968 Mr. L. H. Taylor, Manager Tele -Cable Corp. 20 E. 11th Street Roanoke Rapids, N. C. Dear Mr. Taylor: On behalf of the Roanoke Rapids City School system, I want to take this opportunity to express appreciation for the telecable service now available in all of the city schools. Although we do not yet have educational TV pro- grams on a regular basis, we believe that we will move in this direction. Reception is excellent at all of our locations, and the future value will be dependent on our ingenuity in planning the programs. Thank you again for this courtesy. Yours truly . W. Talley Superintendent JWT:ld WAAY -TV TELEPHONE 539 -1783 & .,.J 31 SO 1000 MONTE SAND BOULEVARD, S. E. HUNTSVILLE, ALABAMA 35801 March 26, 1968 Mayor City Councilmen Gentlemen: We at WAAY- Television have found the Decatur Telecable to be cooperative and honest in all of our business dealings. They have always abided by the Federal Communications Commission rules, regarding relationship between C.A.T.V. and broadcasting stations. Since we are a U.H.F. Station, Decatur Telecable converts our signal to V.H.F., thus enlarging our coverage in the Decatur area. WAAY- Television feels the Decatur Telecable maintaines a high quality cable system in every respect. MDS /sp Sincerely, Rocket City Televisio , Inc. -fie M. D. Smj' h IV Vice President/ Operations Manager YOUR TELEVISION WAY IN HUNTSVILLE Ao n s AF rF A 12 fO V MY A IA It fl'012 At' qE 4jt,,2\zb Ct:;0�46Q 60'P" C40, JI-JI&AJ210, 2J UC6i.Ai j A' t69]2 {PG OGC9. nt, IC-,EC9PK, f,gis49.W6d glIrls I one �00-31 frl A-li-�— FPfIR GVIVAaJUd OUL CGASA.Tff�- 0 4G DGC3ZnL 246,CG VS giLG 9 r.'H't* rGJGCqPjL C06At,i.;e gij,q ,IpGA N9A5 191MIA? .p4t`46C PA 4!"G EG',Gkgj ',:,U4C9;400? p -pc pocb o{ anti '",Co se, k2 469 -3361 Area Code 304 WOAY OAK HILL, WEST VIRGINIA BECKLEY TELECABLE Box 1044 Beckley, West Virginia To Whom It May Concern: Channel 4 • CBS - TV • 100000 Watts 94.1 Megacycles • FM 20000 Watts 860 Kilocycles • AM 10000 Watts March 28, 1968 As of this date, March 28, 1968, our experience with the operaters of Beckley Telecable has been one of cooperation, mutual understanding, and adherence to all agreements and promises. It is a pleasure to deal with people who know their business. cw Sincerel , R. R. Brown Manager TV -4 I?est Virginia WOAY, Oak Hill, Beckley WHNT -TV COX 19 CBS hox 19 Huntsville, Ala. 35801 phone 205 - 539.5743 March 26, 1968 Mayor and Council Gentlemen: You may be interested to know of our relations with the present owners and management of the Decatur Tele- Cable Company. We have found them most cooperative and they operate at a high ethical level. They abide by the rules and regu- lations of the Federal Communications Commission. To our knowledge they strive to provide their customers with as many signals as possible with all of their signals being of as good quality as feasible. Further, it is our understanding that they actively participate in the civic affairs of the community. Yours sincerely, Charles F. Grisham President CFG /sjo THE DECATUR DAILY ^MT COUNTRY — MAT RE EVER BE EIGHT, EITT, EH:HT OR WRONG, MT COUNTRY.'—nv.a vuiw. P• O. BOX 1527 . TELEP14ONE (205) 3534612 DECATUR, ALABAMA 35601 July 8, 1968 Mr. Max Hertwick General Manager Decatur Telecable 1622 5th Avenue, SE. Decatur, Alabama 35601 Dear Mr. Hertwick: We at The Decatur Daily and members of the Spirit of America Executive Committee are- grateful to you and Decatur Telecable for assistance in connection with the July Fourth Spirit of America celebration. And we particularly want to commend you and the Telecable staff for coverage of the celebration. The many fine comments we have received attest to the wisdom of your planning and the full competence of your staff. I personally want to thank you for enduring the heat of the day. I realize provisions for TV coverage were inadequate, and we will make every effort to correct that next year. As you know, community programs such as Spirit of America cannot exist without the communications media. It is obvious that your support through Decatur Telecable was fully available to us, and we are confident that it will be in the future. And for that we are greatly appreciative. Sincerely, SPIRI F AMERICA EXECUTIVE COMMITTEE ;t.S4 George C. Biggers Program Coordinator 1344 *.elma C` unto- Tvurnal The Only Daily Newspaper Published in Central Western Alabama FRANK FORD PA ESIUENT March 25, 1968 To The Mayor And City Council Anywhere, U.S.A. Gentlemen: ESTABLISHED 1827 N�r�o 'VV J ry� k For the past year and one half Selma Telecable has operated in Selma, Alabama providing Cable service to local Television owners. SELMA, ALABAMA Since taking over this business they have invested a considerable amount in new equipment and facilities which has reflected a marked improvement in the quality of service received by their customers. They have also provided permanent employment for a number of local people which has made a contribution to the economy of Selma. Selma Telecable has done a good job here, and we have found the management to be completely reliable and the kind of people we are glad to welcome as new citizens. It is a pleasure for me to recommend the owners and operators of this firm to you. Very truly yours, Frank Ford FF:s President ®'o srfcen CF�15 wo ric y te,,, APPA ACH /AN POWER CO. PoO Office Box 949, B.M.y, W.0 Virginia 25801 Telephone: area code 304 - 253-733 1 March 29, 1968 TO THE MAYOR AND COUNCIL: This letter is being written to outline the working relationship between the Appalachian Power Company and Beckley Antenna Company, also called Beckley TeleCable, in the Beckley, West Virginia, service area. The letter itself was requested of me and is intended to be a letter of reference and recommendation. Our working relationship with Beckley TeleCable has been excellent since the start of this company in our service area. Changes that affect both our companies have been promptly made on their part, and we find the work done by their crews to be workmanlike in manner and acceptable in so far as city, state, and national electrical and mechanical codes are required. We also find them to be prompt in payment of pole rentals and equally prompt in handling any changes needed in so far as poles, wires, guys, fixtures, et cetera, are involved. Based on our working relationship with this company, we would recommend them to other cities as a responsible company. W. C. McMahan Manager WCM /rw Virginia - Carolina Furniture Co., Inc. 294 ROANOKEAVENUE ROANOKE RAPIDS, N. C. 27870 i March 28, 1968 Mayor and Councilmen of Roanoke Rapids Roanoke Rapids North Carolina Dear airs: Telecable has been of great service to our establishment since it has come to our area. It has greatly aided in Televisions sales and has been of much assistance to our T. V. Repair Service Department. Roanoke Rapids Telecable has always been competently managed and has continuously maintained a high professional standard in all business transactions. Because of its dependable qualities and reliable services Telecable has become a necessity to our community. MIB/bc Yours truly, Va. Carolina Fhrn.Co.,Inc. Jd J4 4S,2-2- H.H.Bell RCA VICTOR ZENITH JOHN W. (( I D T F ( COMPANY WHIRLPOOL GIBSON PHONE (304) 253 -4542 1 1 W � 805 WEST NEVILLE STREET BECKLEY, WEST VIRGINIA 25801 March 26, 1968 Mayor and Council Mayors Office Gentlemen: As spokesman for John W. Eye Company, I wish to bring to your attention the business experience and recomr.endatiors for the Beckley Telecable Corporation. First, I might express that Beckley has been very rewarding; for our business over the years of our existence, and we feel that our progress is due to our many fine customers and associate businesses in and around our city. One of our finest business associates who we feel has offered a fine service to the city and had some effect on our business progress, has been the Beckley Telecable Corporation. They have offered a wide selection of television viewing comparable to metropolitan areas, to people in and around Beckley who, otherwise, might have received one television viewing channel. So, you can see how this would directly effect our television sales. Aside from this service they offer our area, they employ very competent personnel, who handle business transactions with efficiency and expediency creating good relationships between customers and business. So without further elaboration, I am sure you also must see that the Beckley Telecable Corporation is a great asset to our city and the people they serve. Sincerely yours, John W. Eye Company Gladys arney Secretary & Treasure Refrigerators, Radios, Tubes and Accessories Expert Service on All Makes of Sets —All Work and Parts Guaranteed Guy S APPL /ANCE MAYTAG KELVINATOR MOTOROLA March 25, 1968 Mayor & Council Gentlemen: SALES AND SERVICE 808 AVENUE A, OPELIKA, ALABAMA I take pleasure as an appliance dealer in recommending the services and people of Auburn- Opelika TeleCable. They operate in our area a very competent and well managed business and have personally aided us in the sale of television sets. Many of our customers are on the cable here and they tell us that the service adds much to their enjoyment of television because of the good reception and selection of stations that it provides. Sincerely, v%lu l Truman Guy, Owner Guy's Appliance WE REPAIR ALL MAKE APPLIANCES TRUMAN GUY OWNER PNONE 705 -5391 FITTS- CRUMPLER ELECTRIC CO., INC. 61ectoical Coatnactiay— Commcrcia! .�esideatial TELEPHONE JE 7 -2515 258 ROANOKE AVENUE ROANOKE RAPIDS, N. C. March 29, 1968 To: Mayor & Council Ii? the past throe years or so that tP:e Tole -Cable has boon in Roanoke Rapids, wo c.-,n honestly say that our color TV s::las have increased. We linve found them to bu most cooperative with us as a doalcr. They have a skilled and woll organized company. I would consider them to bo a rovl asset to Roanoke Rapids and would highly rLcommend thum to othor communities. Yours very truly, FITTS C 1PL:R,ELEC. CO., INC. i3Y Charlas C. Fitts, President Hotpoint Appliances - International Heating and Air Conditioning - Motorola Television �ps3 (rL1 V LANDMARK COMMUNICATIONS, INC. NORFOLK, VIRGINIA 23501 AREA CODE 703 625.1431 Frank Batten Ch.k— of the Board May 26, 1969 The Honorable Mayor and Council City of Corpus Christi, Texas Gentlemen: Landmark Communications, Inc. will make available to TeleCable Corporation and its wholly owned subsidiary, to be established as a Texas corporation, the necessary funds to construct and operate a Community Antenna Television System in Corpus Christi, if awarded a franchise. Sincerely, Frank Batten The Virginian -Pilot and Ledger -Star • WTAR- N -AM -FM • Greensboro Daily News and Record • WFMY -TV • TeleCable Corporation CONSOLIDATED, BALANCE SHEET R LANDMARK COMMUNICATIONS INC. AND SUBSIDIARIES NORFOLK, VIRGINIA ol DECEMBER 31, 1968 WALLER 9tio`WOOD HOUSE CERTIFIED PUBLIC ACCOUNTANTS WAINWRIGH R.BRAXTON YH ILL, R y - h •%J W.N WALLE R,JR iI BUILDING � � i Uaaz -lase) H N, R.TUNSrauJ �? NORFOLK, VIRGI NIA 23510 -w' Ross c.CRA H.w w000HOUSE W J. 1ANw-1— Ueaa.... The - Officers and Directors Landmark Communications, Inc. Norfolk Virginia We have examined the consolidated balance sheet of Landmark Communications, Inc., and its wholly -owned subsidiaries as of December 31, 1968 and the consolidated statements of income and retained earnings for the year then ended. Our examination was made in accordance with generally accepted auditing standards and accordingly included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances. As regards to Greensboro News Company and its subsidiaries (acquired during 1965), the accounts of which are incorporated in the accompanying consolidated financial statement, we have been furnished with the report of other independent•Certified Public Accountants. In our opinion, based on our examination and on the aforementioned report of other independent Certified Public Accountants, the accompanying balance sheet presents fairly the financial position of Landmark Communications, Inc, and its wholly -owned subsidiaries at December 31, 1968 in conformity with generally accepted accounting principles applied on a consistent basis. W I&U %1k W.&Lwa _ Norfolk, Virginia 6A February 15, 1969 LANDMARK COMMUNICATIONS INC. SUBSIDIARIES CONSOLIDATED BALANCE SHEET AT DECEMBER 31, 1968 A S S E T S Current Assets: Cash 1,255,688 United States Securities - At Cost 8,824,873 Accounts and Notes Receivable 3,397,989 Inventories 644,322 Prepaid Expenses 206,340 s Total Current Assets 7` 14,329,212 Notes Receivable - Long -Term , 667,782 Investments - Stocks and Bonds, Etc:,(At Cost) , "r v 957,982 Property and Equipment - Stated At Cost Less - a Accumulated Depreciation 8,130 a 424 TV Film Library, Etc. - Unamortized Cost 695,202 Other Assets 126,,560 Excess of Cost of Investment In Subsidiaries Over Book Value of Subsidiaries' Net Assets at Date of Acquisition 12,419,617 37,326,779 LIABILITIES AND STOCKHOLDERS' EQUITY Current Liabilities: Loans Payable (Current Portion) 695,789 Accounts Payable and Accrued Liabilities 5,942,023 Total Current Liabilities 6,637,812 Long -Term Debt 7,737,113 TV Film Vendors, Etc, 754,813 Total Liabilities 15,129,738 Stockholders' Equity: Capital Stock and Retained Earnings 22,197,041 37,326,779 TAB 4 TELECABLE CATV IN CORPUS CHRISTI A. Television Stations TeleCable will offer all television signals which can be picked up by our receiving equipment in Corpus Christi, and which FCC rules permit us to carry. Our analysis indicates these stations would probably be approved by the FCC for carriage: Chl. Call Network City 3 KIII ABC Corpus Christi 6 KRIS NBC 10 KZTV CBS 41 KWF..X Independent San Antonio - (Spanish language) 39 KHTV Independent Houston Tm 8 or KUHT Educational Houston 9 KLRN " San Antonio While F. C. C. rules clearly permit only one of these independents to be offered: TeleCable feels it can obtain a waiver to offer both due to the special nature of the San Antonio independent. Depending upon which independents are approved by the F. C. C. for carriage. B. Other CATV Services 1. The UHF channels, when available, will be converted for TeleCable subscribers to VHF channels, thereby making U.HF programming available to persons whose sets or antenna do not provide UHF tuning capability. 2. Each public school will be provided a free cable connection and free service. 3. Each fire station, police station and designated spaces in the City Hall will be provided a free connection and free service. 4. One channel will be provided for me by the public school system for origination of closed circuit educational prrogramc. 5. A channel for full time reporting of weather conditions will be provided. 6. Emergency alert capability, providing civil defense, police and other gave ment• agencies tho means to interrupt all programs for ciriergency infor- mation and instructions, can be furnished. 7. A confidential channel for City use will be provided if desired. Only TV sets equipped with a special converter can receive programs broadcast in this channel. TELECABLE PROPOSAL r.. TeleCable would propose to install a CATV system in Corpus Christi with the initial capability to offer twelve channels of television program- ming and other services. These will include five commercial stations, one educational station, an educational station for City use, a channel devoted to continuous time and weather information, and a confidential instructional channel. TeleCable pictures would be free of distracting interference. Color fidelity would be of the highest quality. ' The annoying problems often associated with color reception of "ringing ", "ghosting ", "tumbling ", and "noise streaks" will be virtually eliminated. Color reception of the quality envisioned by the set manufacturer can be expected by each sub- scriber. TeleCable's coaxial cable would be strung on utility poles subject to ne- gotiation with the phone companies and power companies. Where utilities are placed underground in conduit, TeleCable will endeavor to negotiate space in conduit with the owners. Where no conduit exists or where it is not possible to negotiate space, TeleCable will serve the area by going underground, if at all reasonable to do so. The confidential channel will provide authorized City officials the means to conduct special instructional :sessions and other meetings with groups such as policemen, firemen, and teachers. Whereby the very nature of their work, it is most difficult to assemble them at any one location. This channel will be received only on television sets designated by the city to be equipped with special converters. Emergency alert capability provides a means for officials to interrrupt all programs to provide important messages regarding school closings, imminent storm danger, civil defense or other local emergency notices. TeleCable will provide the highest possible quality of service, will main- tain a local business office, will provide prompt response to trouble calls and will indemnify the City against claims, damages, demands, actions, judgments, cost and expenses which may result from the company's con- struction, opdration or maintenance of its system. ,.r