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HomeMy WebLinkAbout0300_295SECTION 6: The City of Georgetown, Texas, reserves the right of reasonable regulation of the erection and construction of any work by the GRANTEE and to reasonably desig- nate where such works and construction are to be placed. The GRANTEE shall, when requested by the CITY, make minor changes in its equipment to conform to the reasonably necessary requirements of small localized areas. Such changes shall be effected within a reasonable time after request is made. SECTION 7• The GRANTEE shall, prior.to commencing its installation, procure and furnish and file with the City Clerk, the following insurance policies: (a) Workmen's Compensation Insurance in accordance with the laws of the State of Texas. (b) Public Liability and Automobile Liability Insurance with limits of not less than $100,000.00 on any one person and $300,000.00 for any one accident. (c) Property Damage Insurance with a limit of not less than $5,000.00 for any accident. SECTION 8: This permit may be forfeited by the CITY upon the failure or refusal of the R14 GRANTEE, its successors and assigns, to observe the terms and provisions of this per - 0 mit. Such forfeiture may be exercised by service of notice upon the GRANTEE spec- ifying with particularity the acts pr omissions of GRANTEE deemed to be a vio- lation of the provisions hereof, and if GRANTEE shall not eliminate, cure or obviate such failure or violation within ninety (90) days after such notice, this permit shall thereupon terminate or be forfeited. SECTION 9: The GRANTEE herein shall pay to the City of Georgetown, Texas, as compensation for the rights and privileges enjoyed hereunder, a sum equal to 3% of its total gross receipts received by GRANTEE from its customers within the City of George- town, Texas, provided, however, that the amount of any Federal Excise Tax levied or assessed in respect to GRANTEE'S operations shall be excluded from its total gross receipts for the.purpose of calculating the permit fees herein provided. Such fee shall be paid annually and the payment thereof shall be due on or before the first day of January of each year for the preceding year. Payment of the fees herein provided shall be in lieu of any other tax or increased rate of tax, or other imposed assessment or charges except ad valorem taxes. In addition, GRANTEE shall pay to the City of Georgetown, Texas, the sum of $2.50 per year as rental for each light, power and/or telephone pole owned by the City of Georgetown, Texas, to which is attached electrical or other apparatus owned by GRANTEE. The City of Georgetown, Texas, hereby agrees to accept such payment as a fair and equitable rent for the use of said poles and to allow GRANTEE to use any of the poles so owned by the City of Georgetown, Texas, so long as such use does: not constitute a hazard of any nature and does not interfere with the intended use of said poles. Such rental shall be payable annually on or before the first day of January of each year for the preceding year. SECTION 10: SIGNAL"CARRIAGE The GRANTEE must provide all television signals, as defined'by the Federal Communications Commission's Rules, under Section 76.251 relating to non -broadcast activities, specifically, (a) The system will operate with at least 120 kHz of bandwidth in compliance with Rule Section 76.251 (a) (1); (b) The system will provide bandwidth for non -broadcast used equivalent to the bandwidth used for broadcast purposes in compliance with Rule Section 76.251 (a) (2); (c) The system will expand channel capacity as existing channel availability is exhausted, in compliance with Rule Section 76.251 (a) (8); (d) The system will dedicate one free; non-commercial public access channel available at all times on a first-come, first -serve, non-discriminatory basis pursuant to the Commission's standards and to more detailed rules which will be adopted by the system; (e) The system will have available production facilities for public use in connection with a public access channel in compliance with Rule Section 76.151 (a) (4); (f) The system will allocate one channel each for local government and local educational use, available without charge during the first five years