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The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1) "City" means the City of West Columbia, Texas.

(2) "Council" means the governing body of the City.

(3) "Grantee" means any person or entity to which a franchise is granted under this Chapter.

(4) "Person" means any natural person, company or entity of any kind.

(7) "Street" means the surface of and the space above and below any public street, way, place, right-of-way, road, highway, freeway, bridge, tunnel, lane, path, bike path, alley, court, sidewalk, parkway, drive, communications or utility easement, by whatever named called, now or hereafter existing as such with the Franchise Area.

(8) "Patron" means any person or entity receiving and paying for any service for which a franchise is required within the City.

(9) "Shall" for the purposes of this Chapter, is always mandatory and not merely directory.

(10) "Utility" shall mean and include any person or entity engaged in the sale and/or distribution of products or services within the City using equipment designed, constructed or wired for the purpose of selling, distributing and/or transmitting any product or service along, beneath, above or across any Street of the City. The products and services covered by the term "Utility" will include, but not be limited to, electricity, natural gas, telephone, cable television and wireless cable television.

(11) "Equipment" shall mean and include wires, pipes, lines, poles, conduits, cables, towers, convertors, pedestals, appliances, attachments, conductors, convertors, appurtenances to any of the above, and any other device used in or associated with the distribution or transmission of products or services in conjunction with a utility.

(12) "Franchise" means a grant of authority for a specified period of time to any person to own, operate, and/or maintain a Utility within the Franchise Area.

It shall be unlawful for any person or entity to operate or maintain any Utility within the City unless the operator has obtained and maintains in good standing a valid Franchise under this Chapter.

Any and all Utility Franchises granted under this Chapter shall be non-exclusive.

(a) All equipment erected, installed and/or maintained by a Grantee within the Franchise Area shall be so located as to cause minimum interference with the proper use of streets, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of said streets.

(b) Any Grantee which uses above ground wire or cable for the purpose of distributing its product is prohibited from erecting poles or other wire holding or cable holding structures in any location at which Patrons can reasonably be served from poles or other wire holding or cable holding structures already existing and belonging to some other Grantee operating a Utility under a Franchise from the City. Any Grantee is required to utilize such poles and structures of such other Grantee in accordance with the rules and expressed consent of the Grantee involved. In specific locations which cannot be reached by the use of existing poles and structures of other Grantees, a Grantee may construct its own poles.

(c) Any Grantee is prohibited from erecting or installing equipment above ground in any area, subdivision or city block in which all other utility systems utilize underground transmission systems. In any area, subdivision or city block of the Franchise Area where the utility equipment is hereafter placed underground, the Grantee shall forthwith remove any and all above ground equipment, and install and operate all of its equipment underground.

(d) In case of any disturbance by Grantee of pavement, sidewalk, driveway or other surfacing, the Grantee shall, at its own cost and expense, and in the manner approved by the City Manager, replace and restore all paving, sidewalk, driveway or surface disturbed, in as good condition as before said work was commenced, and shall maintain the restoration in an approved condition for a period of at least one (1) year.

(g) Grantee shall, on the request of any person holding a building moving permit issued by the City, temporarily raise or lower its wires and cables to permit the moving of buildings. The reasonable expense of such temporary removal, raising or lowering of wires and cables should be paid by the person requesting the same, and the Grantee shall have the authority to require such payment in advance. The Grantee shall be given not less than five (5) business days advance notice to arrange for such temporary changes.

(h) Grantee shall have the authority, to the extent that the City may lawfully grant the same, to trim trees upon and overhanging streets of the City so as to prevent the branches of such trees from coming in contact with the equipment of the Grantee.

(i) Subject to any applicable state or federal regulations or tariffs, the City shall have the right to make additional use, for any public purpose, of any poles or conduits controlled or maintained exclusively by or for the Grantee in any street provided that the City holds the Grantee harmless with respect to any damages or causes of action arising from such use.

(j) Any Grantee under this Chapter shall at all times employ ordinary care and shall install and maintain in use commonly accepted methods, equipment and devices for preventing failures and accidents which are likely to cause damage, injuries or nuisances to the public.

Sec. 20-6. Operational Standards

(a) Any Grantee under this Chapter shall install and maintain its equipment in accordance with all applicable national codes and safety requirements.

(b) All above ground wires and cables crossing a street shall be at least eighteen feet (18') above the surface of the traffic lane except with respect to a State Highway in which case they shall be at least twenty-two feet (22") above the surface.

(c) Grantee shall make every reasonable effort to consistently provide its Patrons with service of high quality. In that connection, the Grantee shall:

(1) Limit failures to a minimum by locating and correcting malfunctions promptly, but in any event no later than twenty-four hours after giving of notice, and begin actions to correct other service problems the first business day following notification of remedial action, once commenced, with reasonable diligence to completion;

(2) Render efficient service, make repairs promptly, 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;

(3) Shall maintain, unless expressly waived in writing by the City, an office in the City, which shall be open during all usual business hours, have a listed telephone, and be so operated that complaints and requests for repairs or adjustments may be received during all usual business hours and during all hours of distribution; and

(4) Maintain a staff sufficient to service adequately all of the equipment which it furnishes during all hours of distribution.

(d) In the event that the performance by Grantee of any of its obligations or undertakings hereunder shall be interrupted or delayed by any occurrence not occasioned by the conduct of either the City or the Grantee, whether such occurrence be an act of God or the common enemy or the result of war, riot, civil commotion, sovereign conduct, or the act or conduct of any person or persons not party or privy hereto, then it shall be excused from such performance for such a period of time as is reasonably necessary, after such occurrence, to remedy the effect thereof.

(1) Copies of such rules, regulations, terms and conditions adopted by the Grantee for the conduct of its business within the City; and

(a) An application for a utility franchise shall be submitted to the City in such form as is specified or is otherwise acceptable at the time of submission, to the City. The City may request such facts and information as it deems appropriate. Any application shall include, but not by way of limitation, a map of suitable scale which shows all roads and public buildings, and which indicates the areas to be served and the proposed dates of commencement of service for each area. The proposed service area shall be subject to approval by the City. If approved, the service area shall be incorporated into any franchise granted pursuant to this Article. If no service area is specifically delineated in a franchise, it shall be considered to be coterminous with the boundaries of the Franchise Area.

(d) Since franchises may have an adverse impact on the public rights-of-way, the City may issue a franchise only following a public hearing to consider the potential impact which the grant of a franchise may have on the community. In considering whether to grant one or more franchises, the City shall consider the following issues:

(1) The positive and/or negative impact of a franchise on the community.

(2) The amount of time it will take the applicant to complete construction of the proposed system and activate service in the entire area to be served; and whether the applicant can complete construction and activation of its system in a timely manner.

(3) The financial capabilities of the applicant and its commitment to make the necessary investment to erect, maintain and operate the proposed utility system for the duration of the franchise term.

(4) The quality and technical reliability of the proposed system, based upon the applicant's plan of construction, the method of distribution of signals, and the applicant's technical qualifications to construct and operate such system.

(5) The experience of the applicant in the erection, maintenance and operation of a utility system.

(6) The probability and ability of an applicant to continue to provide the utility service in question to patrons within the entire franchise area for the duration of the franchise.

Should the City determine to grant a Utility Franchise in response to an application filed under this Chapter, which shall do so by ordinance which shall specify the Grantee, any special terms of the Franchise, and the commencement and ending dates of the Franchise, subject to earlier termination as provided in Sec. 20-11. Any Grantee whose application is approved by the City shall have thirty (30) days after passage and approval of the ordinance granting the franchise within which to file with the City Secretary its written acceptance of that grant. Failure to file the acceptance within the time provided shall result in the automatic termination of the Franchise.

Any franchise granted under this article is subject to early termination should the Grantee fail to cure one or more of the grounds for termination set forth below within sixty (60) days after written notice from the City to correct such grounds and following a public hearing held expressly for that purpose. The grounds for early termination are as follows:

(1) Material breach, whether by act or omission, of any terms or conditions of this Chapter or of the ordinance granting the specific Franchise; or

(2) Material misrepresentation of fact in the negotiation of any franchise granted hereunder; or

(3) Insolvency of the Grantee, or application by the Grantee for adjudication as a bankrupt, or inability or unwillingness of the Grantee to pay its just debts when they accrue, except that the Grantee may withhold payments when there is a good faith belief that the payment is not due or there is a dispute regarding the debts; or

(4) Failure to provide Patrons or users with adequate service in the best interest of the public convenience and welfare.

Within thirty (30) days following the grant of a franchise by ordinance under this Chapter, the Grantee shall obtain and provide the City with certificates evidencing the following insurance policies:

(1) A general comprehensive liability policy indemnifying, defending and saving harmless the City, its officers, boards, commissions, agents or employees from any and all claims by any person whatsoever on account of injury to or death of a person or persons occasioned by the operations of the Grantee under the franchise herein granted, or alleged to have been so caused or occurred, with a minimum liability of One Million Dollars ($1,000,000) per personal injury or death of any one person, and Two Million Dollars ($2,000,000) for personal injury or death of any two or more persons in any one occurrence.

(2) Property damage insurance for property damage occasioned by the operation of Grantee under the franchise herein granted, or alleged to have been so caused or occurred, with a minimum liability of five Hundred Thousand Dollars ($500,000.00) for property damage to the property of any one person and One Million dollars ($1,000,000.00) for property damage to the property of two or more persons in any one occurrence.

The Grantee shall at all times comply with all State and Federal laws and the applicable rules and regulations of administrative agencies. If the Federal Communications Commission (FCC), the Texas Public Utility Commission, or any other federal or state governmental body or agency enacts any law or regulation or exercises any paramount jurisdiction over the subject matter of this Chapter or any franchise granted hereunder, the jurisdiction of the City shall cease and no longer exist to the extent such superseding jurisdiction shall pre-empt or preclude the exercise of like jurisdiction by the City.

Any and all sums payable by a Grantee under this Chapter to the City shall bear interest from the date due until paid at twelve percent (12%) per annum.

All charges to Patrons shall be consistent with a schedule of fees for services offered and established by the Grantee. Rates shall be non-discriminatory in nature and uniform to persons of like classes, under similar circumstances and conditions, except where necessary to meet competition.

(1) Grantee may offer different or discounted rates at its discretion in order to meet competition or for promotional use purposes. Grantee may establish different rates for different classes of Patrons where appropriate, such an offering discounted rates to low income individuals and groups.

(2) Grantee shall inform each new Patron of all applicable fees and charges for providing cable television service.

(3) Grantee may, at its own discretion and in a non-discriminatory manner, waive, reduce or suspend connection fees, monthly service fees or other charges on a one time or monthly basis for promotional purposes.

(4) This section shall not prevent a Grantee from refusing service to any person because the Grantee's prior accounts with that person remain due and owing.

(5) A Grantee may offer service which requires advance payment of periodic service charges. A Patron shall have the right, at any time, to have service disconnected with a refund of any pre-paid but unused service charges within sixty (60) days from the date service is disconnected.

(6) The Grantee shall provide the City with thirty (30) days' advance written notice of any change in rates and charges.

(7) The Grantee shall provide refunds to Patrons in the following cases:

(A) If the Grantee fails within a reasonable time to commence service requested by a Patron, it will refund all deposits or advance charges that the Patron has paid in connection with the request for such service at the request of the Patron.

(B) If a Patron terminates any service at any time and has a credit balance, the Grantee will, upon notice from the Patron and upon return of all of Grantee's equipment, refund the appropriate credit balance to the Patron. The Patron will be responsible for furnishing the Grantee a proper address to which to mail the refund.

(C) If any Patron's utility service is out of order for more than forty eight (48) consecutive hours during the month due to technical failure, damage, or circumstances within the control of the Grantee, the Grantee will credit the account of that Patron on a pro rata basis upon the Patron's written request. The credit will be calculated using the number of twenty-four (24) hour periods that service is impaired and the number of channels on which service is impaired as a fraction of the total number of days in the month that the service impairment occurs and the total number of channels provided by the system in the absence of an impairment.

The payment of a franchise fee by a utility under this Chapter shall be in addition to and shall not be construed as payment in lieu of all other taxes and fees that generally apply to other utilities or businesses, such as personal or real property taxes levied by the City. No acceptance of any payment by the City shall be construed as a release or as an accord and satisfaction of any claim the City may have for further or additional sums payable as a franchise fee under this Chapter or for the performance of any other obligation of any Grantee under this Chapter.

Any Grantee shall provide refunds to Patrons in the following cases:

(a) If the Grantee fails within a reasonable time to commence service requested by a Patron, then the Grantee shall immediately refund all deposits or advance charges that the Patron has paid in connection with the request for such service at the request of the Patron.

(b) Patrons may notify the Grantee they wish to terminate part or all services at any time. Upon return of the appropriate Grantee's equipment, when applicable, by the patron, any pre-paid but unused service charges shall be refunded to the Patron. Refund checks will be issued promptly, but no later than either the Patron's next billing cycle following the termination of service, or thirty (30) days, whichever is earlier. Credits for service will be issued no later than the Patron's next billing cycle, or thirty (30) days, whichever is earlier. The Patron is responsible for furnishing the Grantee with a proper address to mail the refund.

(c) If any Patron's service is out of order for four (4) or more cumulative hours during any twenty-four (24) hour period due to technical failure, damage, or circumstances within the control of the Grantee, the Grantee shall credit the account of that Patron a minimum of one (1) day's service. Each reoccurrence of the above conditions in a subsequent twenty-four (24) hours period shall also be considered a full day for crediting purposes. The twenty-four (24) hour period shall begin when Grantee has either its own knowledge of the event or has been notified by the Patron. Credit shall be automatic, whether requested by the Patron or not, and shall be calculated using the number of days that the service interruption occurs as a fraction of the total number of days in the month that the service interruption occurs.

Grantee agrees to make a background check on all of its employees. All employees and contractors and installers except office personnel will wear uniforms and badges with identifying photograph identifying them by name and as employees of the Grantee.

(a) In the event the Grantee is prevented or delayed in the performance of any of its obligations under this Chapter by conditions which are completely beyond the Grantee's control such as:

(1) Acts of God - including flood, fires, hurricanes, tornadoes, earthquakes or other unusually severe weather conditions;

(2) Civil disturbances - including war, riot, and sabotage;

(3) Acts or omissions or delays by utility companies upon whom Grantee is dependent for pole attachments or easement use;

(4) Absence of incoming broadcast signals from suppliers.

(b) The Grantee shall have a reasonable time under the circumstances to perform, its obligations under this Chapter or to procure a reasonable, and comparable substitute for such obligations. Under such circumstances the Grantee shall not be in default or noncompliance with the provisions of the Chapter nor shall it suffer any penalty relating thereto.

(c) Circumstances deemed to be within the control of the Grantee are not allowable defenses for delays or non-performance of any of the Grantee's obligations under this Chapter.

The Grantee may secure financing or an indebtedness by trust or mortgage, in whole or in part, without requiring the consent of the City. Consent shall be required to assign a Franchise from one business entity to another which is operated or managed by the present Grantee or manager of the system, which consent shall not be unreasonably withheld.

(b) Assignment to an Unrelated Entity

A Grantee may request permission to assign its Franchise to another entity (defined as the "Assignee"). The consent of the City shall be required for such an assignment. To aid the City in its review of this request, the City shall be provided with a reasonable showing that the proposed Assignee possess the technical and financial qualifications to operate that Utility Franchise and that the Assignee agrees to comply with the terms of this Chapter.

(c) Procedures to be Followed Upon Request for Assignment

(1) Within thirty (30) days following receipt of the request for the assignment from the Grantee, the City shall inform the Grantee in writing by certified mail whether or not it intends to hold a hearing. If no hearing is held by the City within thirty (30) days following receipt of the request for assignment by the Grantee, the assignment of the Franchise shall be deemed approved. If the hearing is held, it shall provide the Grantee and the Assignee the opportunity to present evidence as to the Assignee's technical and financial qualifications. Such hearing shall be held by the City within a timely manner.

(2) Within fourteen days (14) following the date of the hearing, the City shall make a formal determination regarding the requested assignment. If the City determines that the proposed Assignee is not technically or financially qualified to operate the cable system, it shall send a written explanation of its decision to the Grantee by certified mail within fourteen (14) day period.

(d) Assignment May be Appealed

The reasonableness of the City's actions regarding a requested assignment shall be subject to judicial review by a court of appropriate jurisdiction. The City shall not be liable for any of Grantee's costs associated with the appeal process, regardless of the outcome.

Except as otherwise provided in this Chapter, the City shall not meet to take any action involving the Grantee's Franchise unless the City has notified the Grantee by certified mail and telephonic wire transfer (fax) at least five (5) days prior to such meeting, as to its time, place and purpose. The notice provided for in this section shall be in addition to, and not in lieu of, any other notice to the Grantee provided for in this Chapter. All notices, requests, demands and other communications required or permitted hereunder shall be in writing and shall be deemed to have been duly given if mailed by certified mail return receipt requested, to the contact person and address originally listed in the specific Franchise agreement or as may be properly updated by certified mail. It shall solely be the Grantee's duty and responsibility to notify the City in writing if the contact's name or address should change.

When major construction is to be undertaken by the Grantee, on its own initiative or at the request of the City, such as system upgrades related to renewal of Franchise, the construction timetable and reporting shall be submitted to the City no fewer than thirty (30) days prior to commencement of the project in a form acceptable to or specified by the City and in accordance with procedures and schedules established by the City. All installations and construction will conform to the City ordinance and be subject to all building permits and inspections required by the City. Plans showing detail of all construction shall be filed with the City prior to commencement of construction and "as built" plans will be filed after construction is completed as well as plans showing all subsequent construction and alterations.

The Grantee shall not refuse to hire, discharge from employment, nor discriminate against any person in their compensation, terms, conditions, or privileges of employment because of age, sex, race, color, creed, or national origin.

Sec. 20-25. Grantee May Issue Rules

The Grantee shall have the authority to issue such rules, regulations, terms and conditions of its business as shall be reasonably necessary to enable it to exercise its rights and perform its services under this Chapter and the Rules of any applicable governing body, state or federal, and to assure uninterrupted service to each and all of its Subscribers.

Sec. 20-26. Grantee Must Provide Maps

The Grantee must provide to the City, within three months of the issuance of a Franchise, a complete set of maps of the existing franchise distribution lines or other devices, including in each instance whether and to what extent those lines or devices are above ground or below ground. The Grantee shall provide updated and current maps to the City on at least a quarterly basis, and sooner if significant changes have taken place. This requirement may be waived if no changes have taken place in the quarter, or by prior written agreement with the Grantor.

[Note: Sec. 20-27 thru and including Sec. 20-39 are intentionally omitted, and are reserved for subsequent expansion.]

(b) "Acceptable Minimum", when referring to service and reception is defined as both the standards adopted under 47 CFR, Section 76.605, as amended from time to time, together with any and all other applicable federal statutes, rules and regulations.

(c) "Basic Service" means the standard base service as defined by the Cable Act.

(d) "Cable Act" means The Cable Television Consumer Protection Act of 1992, and such future legistlation as may amend or supersede it.

(e) "Channel" is a band of frequencies, in the electromagnetic spectrum, capable of carrying one audio and/or visual signal.

(g) "FCC" means the Federal Communications Commission.

(h) "Gross Revenues" shall mean any and all revenues actually received, from all sources, except copyright fees, by the Grantee from the operation of its cable systems in providing cable services within the City, including, but not limited to, all income without any offsetting of expenses, costs, or deprecation, any of which are derived from:

(1) Subscribers receiving goods, equipment, equipment service, or cable service from or through the use of a cable system within the City; revenues for service, installation and repair, and any and charges not specifically exempt herein such as delinquency fees, interest, or finance charges;

(2) Advertising, marketing, and sales of programming, air time, or other services offered by or, through a cable system within the City or aired within the City;

(3) Home shopping channel sales made within the City; and

(4) Any and all revenues received by a franchisee for services which, even if unrelated to cable systems, are provided by a franchisee within the City Limits.

(5) Without limiting the generality of the foregoing, "gross revenues" is not intended to include income, credits or revenues attributable to the operation of a cable system within the City arising from:

(A) Real property transactions;

(B) Taxes, including Franchise Fees, paid by subscribed or those paid within and to the City by the operator of a cable system;

(C) Interest, other than interest charged subscribers of the cable system within the City or advertisers for services provided or delivered by the cable system within the City, or dividends on investments received by the Grantee unrelated to the delivery of cable services within the City; or

(D) Net uncollectible debts.

(i) Out of Order" or "Sub-Standard Reception" or "Non-Service" or any similar term used in the same general context, means that the level of physical service at the point of the Patron's service connection is below the acceptable minimum, as defined in Section (b) above.

(j) "Pay Television" or "Pay Per View means unique special event broadcasts or special service broadcasts, as opposed to continuous type or ongoing broadcasts, provided on an individual basis at an additional charge to the subscriber.

(k) "Service Connection" or "Service Outlet" means the point at which the Grantee's service responsibilities end and the Patron's begin. For use in this Article, that point shall be twelve inches (12") from where the cable is physically attached to the Patron's structure as defined by the FCC Ruling.

(l) "Site Specific Service Failure" means the failure to provide an acceptable signal to a specific subscriber location, with such failures usually being caused by a drop line problem.

(m) "Site Specific System Failure" means the failure to provide an acceptable signal to a generally contiguous group of Patrons, with such facilities usually being caused by main line problems, or centralized equipment problems.

(n) "Trunk Line" or "Main Line" generally means the larger lines from which service lines will branch.

(o) "Service Interruption" means the loss of picture or sound on one or more cable channels.

(p) "Public Building" shall mean and include the City Hall, the Civic Center, the community library, the police department, the fire station, all other city owned buildings to which the public generally has access, and all of the campuses and buildings of Columbia-Brazoria Independent School District located within the Franchise Area.

(q) "Programming Services" shall mean the delivery of audio and/or video signals by cable to and from persons, subscribers and locations within the Franchise Area.

The following response times are in addition to, and not in lieu of, other service standards and response times specified in Article I of this chapter. In the event different response time under this section from those specified in Article I of this chapter, the shorter response time shall apply.

(a) Excluding conditions beyond Grantee's control, grantee will begin working on service interruptions promptly and in no event later than twenty-four (24) hours after the interruption is reported to Grantee. Grantee must begin actions to correct the service problem the first business day following notification of the problem. In either case, Grantee must pursue the appropriate remedial action, once commenced, with reasonable diligence to completion.

(b) Service calls, installations, and related installation activities, when requested by the Patron, will be either a specific. time or, at maximum; a four (4) hour time block during normal business hours. The Grantee may schedule service calls and other installation activities outside of normal business hours for the express convenience of the Patron.

(c) A Grantee may not cancel an appointment with a Patron after the close of business on the business day prior to the scheduled appointment. If a cable operator representative is running late for an appointment with a Patron and will not be able to keep the appointment as scheduled the Patron shall be contacted, and if it is acceptable to the Patron, the appointment may be rescheduled, as necessary, at a time which is convenient for the Patron.

(b) All area outages shall be responded to as soon as possible after notification on a twenty-four (24) hour-a-day, seven (7) day-a-week basis. Designated technicians shall be on call twenty-four (24) hours a day to respond when notified by phone or paged by Grantee or an answering service employee.

(c) The Grantee shall not, without good cause, fail to make available cable television service to prospective Patrons nor shall the Grantee terminate service without good cause. Service shall be provided to all interested customers where economically feasible and consistent with the line extension provisions contained in this Chapter.

(d) The Grantee shall provide the Grantor and all Subscribers with notice thirty days in advance of any changes in rates, programming services or Channel positions through announcements on the cable system and in writing. In addition, the Grantee shall notify Subscribers thirty days in advance of any significant changes in the information in each of the following areas, as well as at the time of installation of service, at any time upon request, and once a year as required by Federal Rule:

(1) Products and services offered;

(2) Prices and options for programming services and conditions of subscription to programming and other services;

(3) Installation and service maintenance policies;

(4) Instructions on how to use the cable service;

(5) Channel positions programming carried on the system; and,

(6) Billing and complaint procedures, including the address and telephone number of the local Franchise authority's cable office.

(a) A Grantee which is not already serving the entire Franchise Area shall provide service to all portions of the Franchise Area reaching a minimum density of thirty (30) dwelling units per linear street mile as measured from the nearest system trunk line with one (1) year after the grant of a franchise.

(b) Grantee shall extend and make cable television service available to any resident within the Franchise Area who requests connection at the standard connection charge if the connection to the resident would require no more than a standard one hundred fifty foot (150') aerial or seventy-five foot (75') buried drop line. With respect to requests for connection requiring an aerial or buried drop line in excess of 150 and 75 feet respectively, Grantee shall extend and make available cable television service to such residents at the scheduled connection charge.

(c) In areas with less than thirty (30) residential units per proposed cable bearing strand mile, Grantee shall offer a cost-sharing arrangements with residents. A dwelling unit will be counted for this purpose if its lot fronts a street. At the request of a resident desiring service, Grantee shall determine the cost of the plant extension required to provide service to potential Patrons from the closest point on the cable television system where it is technically feasible. The cost of construction shall be allocated based on the following formula:

Grantee shall provide, without charge, one service outlet activated for basic patron service to each police station, fire station, public school, public library and the City office. If it is necessary to extend Grantee=s trunk or feeder lines more than two hundred feet (200') solely to provide service to any such school or public building, the City or the building owner or occupants shall have the option of either paying Grantee=s direct costs for line extensions in excess of two hundred feet (200') or releasing the Grantee from the obligation to provide service to such building. Furthermore, Grantee shall be permitted to recover the direct cost of installing cable television service, when requested to do so, in order to provide: (a) more than one (1) outlet; (b) inside wiring; or (c) a service outlet requiring more than two hundred feet (200') of drop cable.

(Ord. No. 445, '1, 1/8/96, new section)

(Ord. No. 445, '1, 1/8/96, section added)

(Ord. No. 445, '1, 1/8/96, section added; Ord. No. 460, '1, 12/8/97, deleted entire section)

Sec. 20-48. Emergency Use of the System by the City B Emergency Audio Override

The Grantee shall provide an acceptable emergency override system capability for the audio portion of its cable TV channels in order to provide prompt audio warnings of natural disasters or other emergencies in the City, including such systems as may be required by federal law from time to time. This emergency override system will allow the City Manager, or his or her designated representative to broadcast from the City Hall and the Police Station, at a minimum, an audio bulletin, and from the local studio introduce video bulletins, in time of crisis or emergency. In the case of emergency or disaster the Grantee, upon request of the City, shall make available its facilities and shall provide such personnel as may be necessary to operate its facilities under the circumstances to the City for emergency use during the emergency or disaster period. Grantee=s obligation under this section shall at a minimum, comply with any and all applicable requirements under federal statutes, rules and regulations.

(Ord. No. 445, '1, 1/8/96, section added; Ord. No. 460, '1, 12/8/97, re-numbered, language added.)

(Ord. No. 445, '1, 1/8/96, section added; Ord. No. 460, sect. deleted)

(Ord. No. 445, '1, 1/8/96, section added; Ord. No. 460, '1, 12/8/97, section renumbered.)

(Ord. No. 445, '1, 1/8/96, section added; Ord. No. 460, '1, 12/8/97, section renumbered.)

(Ord. No. 445, '1, 1/8/96, section added; Ord. No. 460, '1, 12/8/97, section renumbered, language deleted.)

In accord with Section 627 of the Cable Act, upon expiration and non-renewal of the franchise or upon revocation and upon payment to the City or its nominee to the Grantee of the fair market value of the Grantee's cable television system, the City or its nominee may purchase, acquire, takeover, or hold said system. For the purposes of this section "fair market value" shall be determined by valuing the Grantee's system as a going concern. No value shall be assigned to the franchise granted under this Ordinance. The City and Grantee shall attempt to mutually agree upon the fair market value of the system. However, if within a reasonable period of them they cannot agree upon the fair market valuation, then said valuation shall be determined by a three (3) member Board of Appraisers, one selected by the City, one selected by the Grantee, and one selected by the appraisers themselves. The cost of said appraisal shall be borne equally by the City and the Grantee. It is expressly provided, however, that this section is not intended nor shall it be construed as granting to the City an exclusive right to purchase Grantee=s system. The Grantee may solicit offers from other potential buyers, and the ultimate decision as to who shall acquire the system shall be made by the Grantee.

(Ord. No. 445, '1, 1/8/96, section added; Ord. No. 460, '1, 12/8/97, language added, renumbered.)

(Ord. No. 445, '1, 1/8/96, section added; section substantially changed, renumbered.)

(Ord. No. 460, '1, 12/8/97, added subparagraphs (a) thru (h) to sec.)

(Ord. No. 460, '1, 12/8/97, section added)

(1) ATelephone System@ shall mean and include a system composed of equipment for the purpose of producing, receiving, amplifying, distributing, and otherwise transmitting telephone or other electronic or electrical signals designed to or capable of transmission between or among two or more persons, subscribers and/or locations within the Franchise Area by cable (whether consisting of wire, fiber optics, or any other similar or successor technology) including both telephonic communication between persons, subscribers and locations within the Franchise Area and communications between persons within the Franchise Area and those outside the Franchise Area. Telephone systems expressly include, but are not limited to, not only conventional telephonic communication, but also cable communication between and among computers, facsimile equipment, and similar or any successor technology subsequently produced which falls within this definition, broadly construed.

(a) Any Grantee under this Article shall pay a franchise fee for the use, occupancy, oversight, supervision and regulation of the City=s rights-of-way and to compensate the City for all costs associated with administering and regulating the telephone system. The franchise fee under this section is lieu of and in full compensation for any lawful tax or license or charge or right-of-way permit fee or inspection fee or right-of-way easement or rental or corporate franchise tax for the use and occupancy of the rights-of-way within the City, except for the usual general ad valorem taxes, special assessments in accordance with State law, or sales taxes now or hereafter levied by the State or City in accordance with State law. The amount of the franchise fee shall be determined by the City at the time of the grant of each franchise under this Article. All franchise fees payable hereunder shall be payable in two (2) semiannual installments, with the payment for the second half of any calendar year being due and payable on or before February 1 of the next calendar year and the payment for the first half of the calendar year being payable on or before August 1 of the same calendar year. Failure to pay the franchise fee in full within fifteen (15) days of written demand by the City shall constitute a material breach under Section 20-81.

(Ord. No. 432, '1, 4/10/95; Ord. No. 435, '1, 5/15/95; Ord. No. 440, '1, 8/14/95, added amount of fee and changed section reference; Ord. No. 445, '1, 1/8/96, deleted dollar amount; Ord. No. 460, '1, 12/8/97, language added.)

In this Chapter and Article, and in all Ordinances granting franchises under this Article, the terms used, unless a clear intent is expressed in writing to the contrary, shall have the meanings and definitions as set forth in Title 2. Subtitle B. Entitled AElectric Utilities@ of the Texas Utilities Code in general and Section 31.002 of that Code in particular, and in Section 25.113 (c) of the PUC Substantive Rule. Specifically, as of the date of the adoption of this Article, the following words and terms, when used in this Article, shall have the following meanings, unless the context clearly indicates otherwise:

The City shall not establish registration requirements that are different for any REP or type of REP or that impose any disadvantage or confer any preference on any REP or type of REP. The City may, however, exclude from the requirements of this section an REP that provides service only to the City=s own electric accounts, and not to any residents of the City.

(1) All Retail Electric Providers (AREP@) must pay a $25.00 administrative registration fee and complete and file with the City Secretary the REP Registration Form approved by the PUC. Registration will be issued in the name of the Retail Electric Provider as registered with the Public Utility Commission of Texas. When any information provided on the City Registration Form changes, the REP must inform the City of the change no more than thirty (30) days after the date the change is made. All REP=s serving residents in the City as of the effective date of this ordinance, shall register with the City within thirty (30) days after the effective date of the ordinance adopting this Article. All other REP=s serving residents in the City must register within thirty (30) days after providing retail electric service to any resident of the City.

(2) The Registration Form shall include:

(a) The legal name(s) of the retail electric provider and all trade or commercial names;

(b) The registering REP=s certificate number, as approved under '25.107 of this title and the docket number under which the certification was granted by the commission;

(c) The Texas business address, mailing address, and principal place of business of the registering REP. The business address provided shall be a physical address that is not a post office box;

(d) The name, physical business address, telephone number, fax number, and e-mail address for a Texas regulatory contact person and for an agent for service of process, if a different person;

(e) Toll-free telephone number, fax number and email address for the customer service department or the name, title and telephone number, fax number and email address of the customer service contact person;