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HomeMy WebLinkAbout08-25-1969 Regular MeetingSTATE OF ALABAMA COUNTY OF BALDWI N The City Council of the City of Fairhope met in regular session at the City Hall, Monday, August 25, 1969 at 7:30 P.M. with the following members present: Mayor R. C. Macon, Councilmen: James P. Nix, H. G. Bishop and Sam E. Box. Councilmen R. H. Cowen and John A. Robertson absent. Minutes of the previous regular meeting were approved. The request of Fairhope Clay Products was given to committee for study for uniform commercial rate for gas as recommended by Councilman Box. Motion by Councilman Bishop seconded by Councilman Box that Ordinance No. ¢RQ, An Ordinance Amending Section 13, District Boundaries, of Zoning Ordinance No. 295, introduced at the regilar meeting of August 11, 1969, be adopted as introduced. Motion carried. Motion by Councilman Nix seconded by Councilman Box that the following Resolution be adopted: WHEREAS, Senate Bill S. 413 has been introduced in the United States Senate to make provisions for the volunteer fire depart- ments to obtain Federal funds for equipment and training; and WHEREAS, fire protection over most of our State is provided only by volunteer fire departments, as is the case in this City; and WHEREAS, the City Council of the City of Fairhope is de- sirous of seeing Senate Bill S. 413 favorably acted upon; BE IT RESOLVED by the City Council of the City of Fairhope that the City favored Senate Bill S. 413 and that a copy of this Resolution be sent to our Senators, the Honorable John Sparkman and the Honorable James B. Allen, and to our Representative in Congress, William L. Dickinson, u Iging them to support Senate Bill S. 413. Motion unanimously adopted. The following Insurance bids were received on two Electric sub- station and on athletic equipment in storage: Pitman Realty Company $235.00 Maury Insurance Agency 328.00 Motion by Councilman Nix seconded by Councilman Box that the City accept low bid of Pitman Realty Co. in the amount of $M5.00 Motion carried. Motion by Councilman Box seconded by Councilman Bishop that the following Resolution be adopted: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE that; WHEREAS, Wallace W. Milham has deposited with the City of Faii hope a� Bill of Sale to inventory of stock of goods on hand including boats and all inventory, as security for his faithful performance of the Marina Contract; IT IS, THEREFORE, AGREED that he is relieved of keepigg the bond given under this Contract, at the pleasure of the Council, which bond may be reinstated on at any time by the Council. Resolution unanimously adopted. Motion by Councilman Bishop seconded by Councilman Box that the City Council accept report of Fairhope Title and Survey dated July 28, 1969 and approved at the regular meeting of August 5, 1969 and that the City Superintendent furnish necessary aid to proceed with improvements as outlined in report. Motion carried. ouncilman Bishop introduced Ordinance No. Al, AN ORDINANCE RANTING A FRANCHISE TO TELEPROMPTER CABLE .V. COMPANY, INC. TS SUCCESSORS AND ASSIGNS, TO OPERATE AND MAINTAIN A COMMUNITY NTENNA TELEVISION SYSTEM IN THE CITY: SETTING FORTH CONDITIONS CCOMPANYING THE GRANT OF FRANCHISE: PROVIDING FOR CITY REGULATIO ND USE OF THE COMMUNITY ANTENNA TELEVISION SYSTEM: AND PRES_ RISING PENALTIES FOR VIOLATION OF THE FRANCHISE PROVISIONS: Oridinance No.� AN ORDINANCE GRANTING A FRANCHISE TO TELEPROMPTER CABLE T.V. COMPANY, INC. ITS SUCCESSORS AND ASSIGNS, TO OPERATE AND MAINTAIN A CO'JIMUNITY ANTENNA TELEVISION, SYSTEM IN THE CITY; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; PROVIDING FOR CITY REGULATIONS AND USE OF THE COM'14UNITY ANTENNA TELEVISION SYSTEM; AND PRESCRIBING PENALTIES FOR VIOLATION OF THE FRANCHISE, PROVISIONS: BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FAIRHOPE, ALABA_MA, as follows: Sec. 1. Short Titles. This Ordinance shall be known and may be cited as the "TelePrompTer Cable T.V. Company, Inc. Community Antenna Television Franchise Ordinance". Sec. 2: Definitions. For the purpose of this Ordinance the following terms, Phrases, words, and their derivations shall have the meaning given herein. Mien not inconsistent with the context, words used in the aresent 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 mandatory and not merely directory. (1) ' "City" is the City of Fairhope. (2) "Commission" is the Board of Commissioners of the City of Fairhope. (3) "Community Antenna Television System", herein- after referred to as "CATV System" or "system" means a system of coaxial cables or other electrical conductors and equipment used or to be used primarily to receive television signals directly or indirectly off -the -air and transmit them to subscribers for a fee. (4) "Persons" is any person,`firm, partnership, association, corporation, company or organization of any kind. 11 (S) "Grantee" is TelePrompTer Cable T.V. Company, Inc. or anyone who succeeds TelePrompTer Cable T.V. Company, Inc. in accordance with the provisions of. this Franchise. Sec. 3. 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 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 CATV system for the interception, sale, and distribution of television signals. (b) The right to use and occupy said streets, alleys, public ways and places for the purposes herein set forth shall not be exclusive, and the City reserves the right to grant a similar use of said streets, alleys, public ways and places, to any, person at any time during the period of this Franchise. Sec. 4. Compliance with Apnlicable Laws and Ordinances. The grantee shall, at all times during the life of this Franchise, be subject to all lawful exercise of the police power by the City and to such reasonable regulation as the City shall hereafter provide. Sec. 5. Territorial Area Involved. This Franchise relates to the present territorial limits of the City and to any area henceforth added thereto during the term of this Franchise. Sec. 6. Liability and Indemnification. (a) The Grantee shall pay and by its acceptance of this Franchise the Grantee specifically agrees that it will pay all damages and penalties which the City may legally be required to pay as a result of granting this Franchise. These damages or penalties shall include, but shall not be limited to, damages arising out of copyright infringements and all other damages arising out of the installation, operation, or maintenance of the CATV system authorized herein, whether or not any act or omission complained of is authorized, allowed, or prohibited by this Franchise. (b) The Grantee shall pay and by its acceptance of this Franchise specifically agrees that it will pay all expenses incurred by the City in defending itself with regard to all damages and penalties mentioned in sub -section (a) above. These expenses shall include all out-of-pocket expenses, such as attorney fees, and shall also include the reasonable value of any services rendered by the City Attorney or his assistants or any employees of the City. (c) The Grantee shall maintain, at commencement of construction, and throughout the terms of this Franchise, liability insurance, with the City as an additional insured, with regard to all damages mentioned in sub -paragraph (a) above in the minimum of: (1) $100,000.00 for bodily injury to death to any one person, with the limit, however, of $300,000:00 for bodily injury or death resulting from any one accident. (2) $200,000.00 for property damage resulting from any one accident. (3) $300,000.00 for the infringement of copyrights. (4) $100,000.00 for all other types of liability. (d) The Grantee shall maintain, at commencement of construction, and by its acceptance of this Franchise specifically agrees that it will maintain throughout the term of the Franchise a faithful performance bond running to the City, with good and sufficient sureties approved by the City, in the penal sum of $100,000.00 conditioned that the grantee shall well and truly observe, fulfil, and perform each term and condition of this Franchise and that in case of any breach of condition of the bond, the amount thereof shall be recoverable from the principal and sureties thereof by the City of all damages f proximately resulting from the failure of the grantee to well and faithfully observe and perform any provision of this Franchise. (e) The insurance policy and bond obtained by the grantee in compliance with this section must be approved by the City Commission and such insurance policy and bond, along with written evidence of payment of required premiums, shall be filed and maintained in full force with the City . Revenue Officer during the term of this Franchise, and shall contain a provision requiring not less than thirty (30) days n®tice to the City of cancellation. Sec. 7. Prohibition of Pay TV: The grantee is specifically barred from delivering television signals, directly or indirectly, from any pay television source. Sec. 8. Color TV. The facilities used by the grantee shall be capable of distributing color TV signals, and when the signals the grantee distributes are received in color they shall be distributed in color where technically feasible. Sec. 9. Signal Quality Requirements. The grantee shall. (l) 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; (2) 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; (3) Limit failures to a minimum by locating and correcting normal malfunctions promptly, but in no event longer than forty-eight (48) hours after notice, acts of God excepted. EM a 0 (4) If reasonably requested, to demonstrate by instruments and otherwise to subscribers that a signal of adequate strength and quality is being delivered. Sec. 10. Operation and Maintenance of System. (a)" The Grantee shall 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. (b) The Grantee shall maintain an office in the City, which shall be open during all usual business house, have a listed telephone, and be so operated that complaints and requests for repairs or adjustments may be received at any time. Sec. 11. Carriage of Signals. The Grantee shall receive and distribute television signals which are disseminated to the general public without charge by broadcasting stations licensed by the Federal Communications Commission, and shall distribute no other signals except that the Grantee may distribute weather information and time, music, news, and stock market reports furnished as an incidental part of the -system to all subscribers, without additional charge; may transmit occasional local events of public interest and occasional closed circuit television programs furnished as an incidental part of community antenna service to all subscribers, without additional charge. The Grantee shall not transmit or distribute live coverage of any local events which are being telecast nationally but are not being otherwise televised into the Mobile Metropolitan area.' The Grantee will at all times carry all local channels and in the event a program is being carried on two or more stations at the same time, will black out the out-of-town stations carrying the program, and during such times may originate its own programs over such channel. All FCC regulations shall be complied with regarding the carriage of the programming of any existing or future television broadcasting station which covers the City of Fairhope in its principal broadcasting area. Sec. 12. Program Alteration. All programs of broad- casting stations carried by the Grantee shall be carried in their entirety as received, with announcements and advertisements and without additions. Sec. 13. Service to Schools, Hospitals, and Municipal Buildings. Upon request by the City the Grantee shall provide outside connections and service. to all hospitals, public schools,, parochial or other religious schools, and municipal buildings of :the City; provided, however, any and all inside wiring or work shall be done at the expense of such hospital, school or City; and that a service cable is located in reasonable proximity to such building. Sec. 14.. Emergency Use of Facilities. In the case of any emergency or.disaster, the Grantee shall, upon request of the City 'Commission, make available its facilities to the City for .emergency use during the emergency or disaster period. Sec. 15. Other Business Activities. (a) The Grantee shall not engage in the business of selling, repairing, or installing television receivers, or accessories for such receivers within the City of Fairhope during the term of this Franchise. (b) This Franchise authorizes -only the operation of a CATlr system as provided for herein, and does not take the place of any other franchise, license, or permit which might he required by law of the Granteel. Sec. 16. Safety Requirements. (a) The Grantee shall at all times employ ordinary care and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public. (b) The Grantee shall install and maintain its wires, cables, fixtures, and other equipment in accordance with the requirements of the Electrical Code of the City of Fairhope, as the same now exists or may be hereafter amended or replaced by a later and subsequent Electrical Code, and in such manner that they will no interfere with any installations of the City or of a public utility serving the City. (c) All structures and all 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, shall at all times be kept and maintained in a safe, suitable, substantial condition, and in good order and repair. (d) The Grantee shall maintain a force of one or more resident agents or employees at all times and shall have sufficient employees to provide safe, adequate and prompt service for its facilities. Sec. 17. New Developments. It shall be the policy of the City liberally to amend this Franchise, upon application of the Grantee, when necessary to enable the Grantee to take advantage of any developments in the field of transmission of television signals which will afford it an opportunity more effectively, efficiently, or economically to serve its customers. Provided, however, that this section shall not be construed to require the City to make any amendment or to prohibit it from unilaterally changing its policy stated herein. %Sec.'18. Conditions on Street Occupancy. (a) All transmissions and distribution structures, lines, and equipment erected by the Grantee within the City shall be so located as to cause minimum interference with the proper use of streets, alleys, and.other public ways and places,. and to cause minimum interference with the rights and reasonable convenience of property owners who join any of the said.streets, alleys or other public ways and places. (b) In case of disturbance of any street, side- walk, alley, public way, or paved area, the Grantee shall, at its own cost and expense and in a manner approved by the City Engineer, replace and restore such street, sidewalk, alley, public way, or paved area in as good a condition as before the work involving such disturbance was done. (c) If at any time during the period of this Franchise the City shall lawfully elect to vacate, relocate, alter or change the grade of any street, sidewalk, alley, or other public way, the Grantee upon.reasonable notice by the City, shall remove, relay, and relocate its poles, wires, cables, underground conduits, manholes, and other fixtures at its own expense. (d) Any poles or other fixture placed in any public way by the licensee shall be placed in such manner as not to interfere with the usual travel on such public way. (e) The Grantee shall, on the request of any person holding a building, moving:permit issued by the City, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal or raising or lowering of wires shall 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 forty-eight (48) hours advance notice to arrange for such temporary i,rire changes. (f) The Grantee shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks, and public ways and places of the City so as to prevent the i 0 M,, branches of such trees from coming in contact with the wires and cables of the Grantee, except that at the option of the City, such trimming may be done by or under the supervision and direction of the City at the expense of the Grantee. Sec. 19. Preferential or Discriminatory Practices Prohibited. The Grantee shall not, as to rates, charges, service, service facilities, rules, regulations, or in any other respect make or grant any undue preference or advantage to any person, nor subject any person to prejudice or disadvantage. Sec. 20. Removal of Facilities Unon Request. Upon termination of service to any subscriber, the Grantee shall promptly remove all its facilities and equipment from the premises of such subscriber upon his request. Sec. 21. Transfer of Franchise. The (Irantee shall not transfer this Franchise to another -person without prior approval of the City by ordinance. Sec. 22. Transactions affecting Ownership of Facilities. (a) The Grantee shall not make, execute, or enter into any deed, lease, sale, gift or similar agreement concerning all of the facilities and property, real or personal, of the CATV business without prior approval of the City Commission. Provided, however, that this section shall not apply to the disnosition of worn out or obsolete facilities or personal property in the normal course of carrying on the CATV business. (b) Except as provided for in sub -section (a) above, the Grantee shall at all times be the full and complete owner of all facilities and property, real and personal, of the CATV business. u See. 23. Chanae of Control of Grantee. Prior approval of the City Commission shall be required where ownership or control of more than 66 2/3 per cent of the right of control of Grantee is acquired by a person or group of persons acting in concert. By its acceptance of this Franchise the Grantee specifically grants and agrees that any such acquisition occurring without prior approval of the City Commission shall constitute a violation of this Franchise by the Grantee. Sec. 24. Filings and Communications with Regulatory Agencies. Copies of all petitions, applications and communications submitted by the Grantee to the Federal Communications Commission, Securities and Exchange Commission, or any other federal or state regulatory commission or agency having jurisdiction in respect to anv matters affecting CATV operations authorized pursuant to this.Franchise, shall also be submitted simultaneously to the City Commission. Sec, 25. City Rights in Franchise. (a) The right is hereby reserved to the City or the City Commission 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 regulations, by ordinance or otherwise, shall be reasonable and not in conflict withrthe rights herein granted. (b) The City shall have the right to inspect the books, records, maps, plans, income tax returns, and other like materials 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 a police alarm system, on the condition that such wire and pole fixtures do not interfere with the CATV operations of the Grantee. I (d) The City shall have the right to supervise all construction or installation work performed subject to the provisions of this Franchise and make such inspections as it shall find necessary to insure compliance 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. Sec. 26. Maps, Plats and Reports. (a) The Grantee shall file with the City Engineer true and accurate maps or plats of all existing and proposed "installations. (b) The Grantee shall file annually with the City Clerk not later than sixty (60) days after the end of the Grantee's fiscal year, a copy of its report to its stockholders (if it prepares such a report), an income state- ment applicable to its operations during the preceding 12 months"period, a balance sheet and a statement of its properties devoted to CATV operations. These reports shall be prepared or approved by a certified public accountant and there shall be submitted along with them such other reasonable information as the Citv Commission shall request with respect to the Grantee's pronerties and expenses related to its CATV operations with the City. (c) The Grantee shall keep on file with the City Clerk a current list of its shareholders and bondholders. Sec. 27. Payment to the Citv. The Grantee shall pay to the City annually an amount equal to five (5) per cent of the annual gross operating revenues taken in and received by it on all sales of television signals within the City and all receipts from installation charges within the City during the year, for the use of the streets, and other facilities of the City in the operation of the system and for the municipal supervision This payment shall thereof. be not less than $250.00 per year this from the date of acceptance obemade rwithin en 30daysifollowing licenses. This payment shall the close of the fiscal year of the Grantee. The fiscal year of the Grantee under ferisFrenttlofeincome taxesthe tosame theas the UnitedfStates year of the Granteepaym of America or the State of Alabama. Sec. 28 Forfeiture of Franchise. (a) In addition to all other rights and powers pertaining to the City by virtue of this Franchise or other- wise, the City reserves the right to terminate and cancel this Franchise and all rights and privileges of the Grantee hereunder in the event that the Grantee: (1) Violates and provisions of this Franchise or any rule, order, or determination of the City or City Commission made pursuant to this Franchise, except where such violation, other than of Section 23 or sub -section (2) below, is without fault or through excusable neglect; (2) Becomes insolvent, unable or unwilling to pay its legal debts, or is adjudged a bankrupt. (3) Attempts to evade any of the provisions of this Franchise or practices any fraud or deceit upon the City; or (4) Fails to make the minimum payment of j250.00 per year to the City, per section 27. (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 provision 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 Commission or its representative shall be conclusive in the absence of fraud or a gross abuse of discretion. Provided, however, that before this Franchise may be terminated and cancelled under this section, the.Grantee must be provided with an opportunity to be heard before the City Commission. Sec. 29. City's Right of Intervention. The Grantee agrees not to oppose intervention by the City in any suit or proceeding to which the Grantee is a party. Sec. 30. Further Agreement and Waiver by Grantee. The Grantee agrees to abide by all provisions of this Franchise, and further agrees that it will not at any future time set up as against the City or the City Commission the claim that the provisions of this Franchise are unreasonable, arbitrary, or void. Sec. 31. Duration and Acceptance of Franchise. (a) This Franchise, and the rights, privileges and authority hereby granted shall take effect and be in force from and after final passage hereof, as provided by law, and shall continue in force and effect for a term of twenty (20) years, provided that within sixty (60) days after the date of the passage of this ordinance the Grantee shall file with the City Clerk its unconditional acceptance of this Franchise and promise to comply with and abide by all its provisions, terms, and conditions. Such acceptance and promise shall be in writing duly executed and sworn to, by or on behalf of the Grantee before a votary Public or other officer authorized by law to administer oaths. (b) Should the Grantee fail to comply with ' sub -section (a) above, it shall acquire no rights, privileges, or authority under this Franchise whatsoever. (c) The Grantee shall have an option to renew this Franchise for one additional term of twenty (20) years by giving written notice to the City at least six (6) months before its expiration. Sec. 32. Erection, Removal, And Common User of Poles. (a) No poles or other wire -holding structures shall be erected by the Grantee without prior approval of the City Commission with regard to location height, type and any other pertinent aspect. However, no location of any pole or wire - holding structure of the Grantee shall be a vested interest and such poles or structures shall be removed or modified by the Grantee at its own expense whenever the City Commission • determines that the public convenience would be enhanced thereby. (b) T%b ere poles or other wire -holding structures already existing for use in serving the City are available for use by the Grantee, but it does not make arrangements for such use, the City Commission may require the Grantee to use such poles and structures if it determines that the public convenience would be enhanced thereby and the terms of the use available to the Grantee are_just and reasonable. (c) Where the City or a public utility serving the City desires to make use of the poles or other wire-holdin structures of the Grantee but agreement therefor with the Grantee to permit such use for such consideration and upon such terms as the Commission shall determine to be just and reasonable, if the Commission determines that the use would enhance the public convenience and would not unduly interfere with the Grantee's operations. 0 See, 33. Number of Channels. The Grantee's cable distribution system shall be capable of -carrying at least twelve (12) television channels. ,The Grantee shall carry a minimum of four (4) commercial television channels which shall include all of the major television networks. Further, the Grantee shall make available upon request of the City commission one of said channels for educational TV and one of said channels for any other non-commercial service for the benefit of the inhabitants of the City. See, 54, Rates, (a) The rates and charges for television signals distributed hereunder shall be fair and reasonable and no higher than necessary to meet all costs of service, including the establishment and maintenance of necessary reserves, funds for replacement, and expansion, (assuming efficient and eCenimical management), including a fair return on the original Cpst, less depreciation, of the properties devoted to such service (without regard to any subsequent sale or transfer price or cost of such properties,) (b) The City Commission shall have the power, authority, and right to cause the Grantee's rates and charges to Conform to the provisions of sub -section (a) hereof, and for this nurnose, it may deny increases or order reductions in such rates and charges when it determines that in the absence of sueh action on its .part, the Grantee's rates and charges or proposed increased rates and charges will not conform to the said suh>section.(a), (C) By its acceptance of this Franchise the Grantee specifically. frants and agrees that its rates and charges to its subscribers for television signals shall be' fair and reasonable and no higher than necessary to meet all its necessary costs of service, including the establishment, and maintenance of necessary reserves, funds for replacement and expansion, (assuming efficient and economical management), including a fair return on the original cost, less depreciation, of .its properties devoted to such service (without regard to any subsequent sale or transfer price or cost of such properties). (d) By its acceptance of this Franchise the Grantee further specifically grants and agrees that the City Commission shall have the power, authority, and right to cause the Grantee's rates and charges to conform to the provisions of sub -section (c) hereof, and for this purpose the Commission may deny increases or order reductions in such rates and charges when it determines that in the absence of such action on its part, the Grantee's. rates and charges or proposed increased rates and charges will not conform to the said sub -section (c). (e) However, no action shall be taken by the City Commission with respect to the Grantee's rates under this section until the Grantee has been Given reasonable notice therof and an opportunity to be heard by the Commission with regard thereto. (f) The following rates and charges are hereby authorized for service tinder this Franchise and shall not be changed by the Grantee without prior approval by the City Commission, and shall remain in effect until changed or modified in accordance with the general standards and principals set out in this section. (1)' Initial tap -in and connection charges: $12.50. (2) Monthly rates: $5.00 per month, for one set or outlet and $1.00 for each additional set or outlet in the same building. M (g) The Grantee shall receive no deposit, advance payment, or penalty from any subscriber or potential subscriber without approval of the Commission. (h) The Grantee shall recieve no consideration whatsoever for or in conncetion with.its service to its subscribers other than in accordance with this section. ' (i) If in the future, the State of Alabama regulates the rates of the Grantee for the service provided for in this Franchise, this section shall be of no effect during such :state regulation to the extent of any conflict therewith. Sec. 35. Flow -Through of Refunds. (a) If during the term of this Franchise the Grantee receives refunds of any.payments made for television signals, it shall without delay notify the City Commission, suggest a plan for flow -through of the refunds to its subscribers, and retain such refunds pending order of the Commission. After considering the plan submitted by the Grantee, the Commission shall order the flow -through of the refunds to the Grantee's subscribers in a fair and equitable manner. Sec. 36. Subscriber Refunds on Termination of Service. If any subscriber of the Grantee of less than two (2) 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 two (2) years is terminated without good cause or because the Grantee ceases to operate the CATV business authorized herein for any reason, except expiration of this Franchise, the Grantee shall refund to such subscriber an amount equal to the initial tap -in and connectioncharges paid by him divided by 24 and multiplied by a number equal to 24 minus the number of months the subscriber has been on the system. W Sec. 37. Publication costs. The Grantee shall pay the cost of publication of this Franchise Ordinance as such publication is required by law. Sec. 38. Separability. If any section, subscetion, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by 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 protions hereof. Sec. 39. Ordinance Repealed. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Adopted: Mayor Macon appoiftd Councilman Sam E. Box as representative of the City of Fairhope to the South Alabama Regional Planning Commission. Motion by Councilman Nix seconded by Councilman Box that the Mayor and City Clerk be authorized to pay $50,000.00 plus interes on note due September 10, 1969 from monies in the Beach and Pier Account. Motion carried. Motion by Councilman Nix seconded by Councilman Box that the City ask for bids on Line Truck for the Electric Department as per specifications. Bids will be accepted until 7:30 P.M. September B, 1969 at which time bids will be opened. The City reserves the right to reject any or all bids. Motion carried. Motion by Councilman Bishop seconded by Councilman Nix that Counc: authorize transfer of $25,000.00 from Electric Fund to the Genera: Fund. Motion carried. Motion by Councilman Nix seconded by Councilman Box that City accept proposed increased coverage on City Employees as presented by Blue Cross - Blue Shield of Alabama. Motion carried. Councilman Nix commended the Electric Department, Police Depart- ment and other City Crews for their hard work and long hours during hurricaneCamille. Letter from Rev. William Hill requesting that the lower portion of Gayfer Court and Druid Hill Drive be included in proposed new sewer plan was presented and held for further study. It was duly moved and seconded that the meeting adjourn. Motion carried. Approved Mayor Attest: City Clerk