Page 1 ORDINANCE NO. Lal a AN ORDINANCE GRANTING A FRANCHISE TO TELEPROMPTER OF MOBIL® CAELE TV CORPORATION, ITS SUCCESSORS AND ASSIGNS, TO OPERATE AND MAINe TAIN A COMMUNITY TELEVISION SYSTEM IN THE CITY OF PRICHARD, ALABAMA, id SETTING PORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE: PROVIDING POR CITY REGULATIONS AND USE OF THE SYSTEM: AND PRE= SCRIBING PENALTIES FOR THE VIOLATION OF iTS PROVISIONS. BE IT ORDAINED BY THE BOARD OF CITY COUNCIL OF THE CITY OF PRICHARD, ALABAMA, as follows: Section 1. short Titles, This Ordinance shall be imown i and may be ¢ as c Cable Television Franchise Ordinance". For the purpose of this Ordinance the following ? Ss and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word shall is always manda=- tory and not merely directory. (1) “City is the City of Prichard, Alabama. (2) Company is the grantee of rights under this Franchise, TelePrompTer of Mobile Cable TV Corporation. (3) Council is the Couneil of the City of Prichard, (kh) “Person” is person, firm, 0: tion, ship, association, corporation, company oF or tion of any kind. (5) Systems shall moan the entire installation, ti G “3 t; There is hereby granted by the City to privilege to construct, erect, operate and maintain in, upon, along, across, above, over and under the streets, alleys, public ways an¢ public 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 necessary for the maintenance and operation in the City of a community television system for the inter= ception, sale and distribution of television signals. (1) med The right to use and occupy said s Pi ey5, public ways and places for the purposes herein set forth shall be non-exclusive with the grantee herein. Aw! The Company st oa ns th e 3 nchise, t subject to all lawful exercise of the police power by City, and to such reasonable regulation as the City shall hereafter by resolution or ordinance provide. a] pressly understood anc 4 aq by and bet 1 the and the City that Company shall save the City harmless from all loss sustained by the City on aceount of any suit, judgement, execution, claim or demand whatssever, resulting from the construction, operation.or mainten- ance on the part of the Company of its television system in the City. The City shall notify the Company immediately after the presentation of any claim or demand, either by suit or otherwise, made against the City on account of any activity as aforesaid on the part of the Company. The Company shall carry and pay the cost of the following insurance, in at least the amounts indicated below for each injury to or death of persons and in to or destruction of property as a result of any accident aris out of the conduct of business or use of prem- 4ses or any operations which are necessary or incidental thereto, the same to include the City as a namod insured. Page 2 (2) {3} Oy} Pages «2= $100,000.00 for property damage to any one person #200,000200 for property demage in any one secident #100,6000,00 for personal injury to any one person $300,000.00 for personel injury in any one accident Section 4<. Sevvice Standards. ‘The Company shal: mains tein and operate its system ond vender efficient service in accordance with the pules and regulations as ard, or may be, set forth by the Gity and ans provided for in Section 11 of this Ordinances (Z} Saction 7s Compa promulge authority &: Notice of Interruntion for Repairss. Whenever it is Renessary 65 Shub off or interrupt service for the purpose of making repairs; adjustments or installe= tions, the Company shell de so at such times as wWLLL cause the least amount of inconvrenlenee to its gustomers, and uniess avueh interruption is unforsesn and immediately necessary, it shail give reasdnable nobice theres? to its eustomors. Rules. ‘The Company shall have the 8, reguiebionssterma and conditions be such ; ® governing the conduct of ite business aa shall he reasonably nocossary to enable fhe Company to exercise its Pights and perform ite obligations under this Frenehise and to assure an uninterrupted services to each and all of its eustomers. Provided, howaver, that such rules, regulations, terms and conditions shall ust be in conflict with the provisions hereof or of laws or rules of the State of Alabama, the United States, and the City. (2) {2} 3} Oh) Section Bz. Condision on Street Seen: ne Company shell enter into a separate contract with the Electrics Power Board and/or Southern Bell Botephone and Telegraph Campany as to the use of their poles or posts within the City and also com ply wlth the City Ordineaneg so far as stzeot oteupancy is concerned. The Company system, poles, wires and appurtenances shall be Loested, erected and maintained go that none of is shall endenger or interfers with the Lives of porsons, of interfere with any improve= mente the City may deem proper to make, or hinder unnetsasarily or obateuct the frea use of the street, alleys, bridges ov other public property. Gonstruction and maintenance of the transmission distribution system, including house connections, shall be in acsordance with the provisions of the National Electric Safety Code of the Hational Board of Fire Underuriters,; preparad by the National Bureau of Stendards, the Nabicnal Electrical Code of the National Board sf Fire Underuriters and such. Sppiieable Ordinances and regulations of the “ity, affecting electrical iustallations which may be presently in effect or may be enacted by the Citys Installations and house drop hardware shall be uni+ form throughout the City, except the Licensees shaki be free to change their hardware and installation procedure as the ert progresses. Whenever the acbivitics of the Company shali danare any surface, pavement or sidewalks, the Company shall at its expense restora ald suth surface, pavement or sidoualits to the agbisfection of the Citys In the event any skreet or uay is altered by ths City ree quiting the alteration or removal of any part of the Sompsnyta system, the Company shall bear the cost of Page 3 , we Page ~3e ut such alteration or removals Section Orizinal Installations, The Company shall, in less additional time is granted, stars the original installation for sable television service within twenty-four (2h) months from the effective date of this Franchise. Section 10. Approval of Transfer. The Company shall not sell or transfer its plant om system to anos ev, nor transfer any rights under this Franchise to another without Counell approval. Provided, that no salle or transfer shall be effective until the ven~ dee, assignee, of lesseo has filed in the office of the City an ine strument, duly executed, recijbing the fact of such Bale, assignmont or lease, accepting the terms of the Franchise, and agreeing to pere= form all the condition thereof, Section 11. City Rights in Franchise. (1) Sity Rules. The right is hereby reserved to the ity to adopt, in addition to the provisions herein contained and existing applicable ordinances, Such additional regulations as it shall find necessary in the exercise of the police power, provided that such regulations, by ordinance or otherwise, shall be reasonable, and not in conflict with the rights herein granted, and shall not be in conflicts with the laws of the State of Alabaria. (2) Picture Quality. The antenna, receiving and distri= bubion equipment shall be installed and maintained S80 as to provide pictures on subscribed receivers throughout the system essentially of the same quality as those received at the antenna site. (3) Supervision end Inspestion. The City shall have the pPight to supervise ell construction or installation wobk performed subject to the provisions of this Or@inance and to make such inspections as i shall find necessary to insure compliance with governing ordinances. (i) Progedure after Termination. Abt the end of the . term of this Franchise the City shall have the right to determine whether this Franchise shall be extended for an additional period. Section 12. Payments to the City. The Company shall pay to the City, in addition to any and all privilege licenses and ad Velorem taxes or other charges hereafter levied by the City, a sum of % pereent of the annual gross operating revenues received by it within the Ciby during each year of operation under this Franchise, Operating 4 1 15 2 5 0 212 2028 1359 40 -1 5 1 15 2 5 1 212 2028 177 28 77.763794 Revenues shall include all receipts from Bales of TV signals within the Sity and all receipts from installation charges within the Gity. Said payments shall be made semi-annually at intervals of from six to twelve months of the date of the grant of this Franchias,. 4n annual sumiary report showing gross revenues received by the Company from its operations within the City during the preceding year and such other information as the City shall request with respect to operations here=- under shall be furnished on or before February 1 of each year or ab any other time upon request of the City and thirty days notices. Section 13. Retes, Rates charged by the Company for service hereunder shail be fair and reasonable and designed to meet all necces= sary cost of the service, including a fair rate of return on the set valuation of its properties devoted thereto, under efficient and econ= omical management. The Company agrees that it shall be subject to all authority now or hereafter possessed by the City, or any other regulatory body having competent jurisdiction, to fix just, reasonable. and .compon= satory television signal distrpip weion yates. When this Franchise takes ¥ Page 4 affect, the Company shall have authority to charge and collect not to exesed the following schedule of rates, which shall remain in | effect until changed or modified in accordance with the general stand< ards seb out in this Secbions , {2} Rete Scheduic. fa) Instaklation Charges: During the first tuo (2) years of opération the Company shall make a $12.50 charge for instellabion. {b) Service Chargast The monthly charge cannot exceed $5.00 per month for the first two (2) years of operation, after which tins any increase murh be approved by tha Gity Council, and not to exesed = of said sum for each additional seb or oublet in the same building. « Frae Connesbions and Sorvine. Usom requests, Licensees shall furnish, free of charge, outside connections and service to all hospitels, parochial or public schools iseated within the Giny, and bo Munieipsl Enildings uhen other connettions are being made within the parbiculer areag provided, however, any and all ine side wiring or wéek shelibe done at the expense of the hospital, school om Gity, as the case may be, and provided that a aervice cable vuns jin reasennble proxinity te such buildings. Section IS. Records and Reports, The Sity shell have aceigs at Tessoneole pours bo @ll or the Companytea plens, son tracts and engineering, sscounting, financial, statistical, customer and service récords relating fo the property and the operation of the Gompany and to aki other records required’ to be kept hereunder. the following records and reports shall be filed with the City and in the local office of the Canpany?t {L} Company Roles and Regulations. Uopies of such gules, reguiabions, terns and conditions adopted by the Goupany for the conduct of its business. (2) Grose Reveruc. Am annual certified audit showing gross ravenues ani depreciated plant value received by the Company from ibe cparations within the City during the preceding year and such other information és the City shall request with reapset to propertiss ene expenses related to the Usupany*s service within . ., bhe City. Section 16. Yorns of Franchises. Upon continuing and come plete perférmance by the Company of each and avery term of this agres= mont, the pormiasion herein granted shaik gontinue for a term of twenty (20) years; and ab the expiration of twenty (20) years, this permission shall renew itself automatically so Long as complete per formance of the terms herecef is comtinned by the Company for success- tive periods of five (5) years each. Seotion Pe Soparsbilitye If any setidon, subscotion, sontente, clause, phrase or por of this Ordinance is for any veason held invalid or unconstitubional by any court of ecxmpetent jurisdiction said portion shali be deemed a separats, distinct and indepenfont provision and such holding shall not affect the validity of the remaining portions thereol. Section 18, Fenaitiess {2} Ge Company shali file a satisfactory construction bend with the Clty in the amount of Ome Hundred Thousand and no/ico (100,060.00) Dollards conditioned upon the Company's satisfactory performance of its obligations hereunder to construct the systems Page 5 Page <«5= (2) If the Company shell fal t6 comply with any of the provisions of this Franchises or default in any of its obligations in this agreement’ and shell fall within thirty (30) days after weit ten notice fromthe City to correst such default or non=complianca, the City may, at its option, forthwith terminate the rights granted under this Franchise. In the event thet the City terminates this aavecniont, in wh6le or in part, the Company shall within thirty (30) days remove ita facilities, and in the even’ thet the Company dees not remove its facilities within thirty (30) days, the Clty may do 80, the reméval casts toe be borne, in any event, by the Company. (3) Feilure to enforce or insist upon compliance with any of the terms s¢ conditions of this agradment shall not constitute & general waiver or velinguisiment of ay such terma or conditions, bat the same shall be and remain at all times in full fores and effect. Section 19. Channels Availeble. The Company shall install a system capable of Gissributing twelve cnennels, The Company shall eapry a minimum of five (5) commercial television channels, which shall include all of the major television networks and one educational chennel provided that satisfactory reception of auch channel is avaiil~ able. Channels for the community antenna television system oa cone tained in this Franchise shall not be used for the transmission of Pay Television or any other commmications which are Hob broadzast. programs obtained off the air, except an specified as follows: {2} Fitr-in music repreducad om the Company's equip~ mien’ Toeated at its atudic or retelved 6ff the air on the Company's system end fumtlshed without additional chargés (2) Weather information furnished as an ineidental pert of commity antatma service to all sub - seribers ulthout additionel charges. (3) Secasional Leeal eventa ef public inberest ond oecasioneal closed circuit television programs. Purnished as an Imeidental part of community antenne services to ali asubseribers without addition- al charge .«. {kh} One channel or band is to ba reserved for the use of the City, The City will pay for any special, equipment necessary to feed into the systemsssuch as IV cameras, fire alarm boxes, etG., and will pay for the maintenance for such special equipments. — Yhese may he used by the Leases until such time es as the Bits requires ite uses Section 20. Activities Prohibited. The Company shall nob allow its cabie or other operations to Interfere with televion roeeption of pergoma nob served by tho sable, nor shall it interfore with, obstruct or hinder In any manner, the operstion of the various utilities serving the zesidents of the City, The Company shall not perform repair service to television sete and shall net permit any of its employees, installers or servicemen ts perform such services on thier own. Section 21. Non-Duniication Glange. The Sompany will ah all times narry all Local channeis and in the avenk a program. ig duplicated, the Company will blacksout the out of town abation eavrying the duplicate program. the program will be carried solely over the Ioral atation. Page 6 Page =6- Section 22. Publication. This Ordinance shall be in full fores and effect upon its adoption and publication as pro- vided by law, which publication shall be at the expense of the Company. ADOPTED this _1lth day of December 1970 ———$—_—__—_—’