HomeMy WebLinkAbout0084 CATV Franchise 1970 \
AN ORDINANCE GRANTING T0iHx & B AMERICAN CABLE VISIONQd/b/a
BANNOCK CABLE T. V., INC., A LICENSE TO CONSTRUCT, OPERATE.
~>-~.- -~['.[~]~'[~AND MAINTAIN A COAXIAL CABLE SUBSCRIBER SYSTEM FOR TELEVISION
~NAL DISTRIBUTION THROUGHT THE CITY OF CHUBBUCK; AND
PROVIDING FOR SUCH LICENSE TO RUN SUCH LINE OVER, THROUGH,
UNDER AND ACROSS THE STREETS, ALLEYS AND SIDEWALKS OF THE CITY
OF CHUBBUCKi AND PROVIDING FOR THE APPROVAL OF SUCH INSTALLATION
BY THE CITY ENGINEER OF THE CITY OF CHUBBUCK; AND PROVIDING
FOR THE REPAIR, REPLACEMENT AND RESTORATION OF ANY AND ALL
PROPERTY DISTURBED OR REMOVED IN THE MAKING OF SUCH INSTALLATION;
AND PROVIDING LIMITATIONS UPON THE RIGHTS GRANTED TO USE SAID
STREETS, ALLEYS, AVENUES AND THOROUGHFARES AND PUBLIC HIGHWAYS
WITHIN THE CITY O[ CHUBBUCK; AND PROVIDING AN ANNUAL LICENSE FEE
FOR THE RIGHTS, PRIVILEGES AND LICENSE HEREIN GRANTED; AND
PROVIDING THE DURATION OF SAID LICENSE, ITS EXPIRATION DATE AND
CAUSE FOR CANCELLATION; AND PROVIDING FOR PERFORMANCE BOND AND
LIABILITY INSURANCE, THE OBLIGATION O[ WHICH IS TO SAVE THE
CITY OF CHUBBUCK FREE AND HARMLESS FROM ANY DAMAGES THAT MAY
BE SUSTAINED BY REASON OF THE INSTALLATION, ERECTION, MAINTEN-
ANCE OR OPERATION OF SAID SYSTEM; AND PROVIDING THE RIGHT FOR THE
LICENSEE TO CHARGE AND COLLECT REASONABLE COMPENSATION FROM ALL
PERSONS RECEIVING TELEVISION RECEPTION SERVICE; AND PROVIDING
FOR A RENEWAL OF SAID LICENSE UPON THE EXPIRATION OF SAID
LICENSE HEREIN GRANTED.
BE IT ORDAINED BY THE CITY OF CHUBBUCK AS FOLLOWS:
SECTION I.
The City of Chubbuck, hereinafter referred to as the
City, hereby grants to H & B AMERICAN CABLE VISION, d/b/a
BANNOCK CABLE T. V., INC., hereinafter called the Licensee,
under the conditions and limitations prescribed, the right,
privilege and authority by license to install, lay down, main-
tain, and operate in, over, upon and under the streets, alleys
and public highways' of the City of Chubbuck (hereinafter
referred to as streets) underground pipes and conduits with
the necessary manholes and other appliances therefor, and to
erect poles, with or without cross-arms, and stretch wires
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NIcDEVITT & MCD£VITT
ATTORNEYS-AT-LAW
and cables on all streets; and antennas or other appurten-
ances thereon, and to maintain and use the same for the
purposes of emecting and operating a coaxial cable sub-
~scription system for television signal distribution to
subscribers' homes, and to such business and public establish-
ments as may also desire this service and for no other uses
or purposes whatsoever; whenever it is practicable to make
use of poles, in conformity with such arrangements as may
be made with the Idaho Power Company and the Mountain States
Telephone and Telegraph Company, provided, however, that all
iwork and construction hereby authorized shall be performed in
!a workmanlike manner and shall conform with the requirements
of the National Electric Safety Code, the laws of the State of
iIdaho and the Ordinances of the City of Chubbuck; Provided,
!further, that before any new poles, wires, cables, antennas
~or other appliances be constructed or installed under the license,
the Licensee shall file with the City Engineer, or other desig-
nated official of the City of Chubbuck, plans showing the loca-
tion of such construction, and that said plans must receive the
approval of the said Engineer or other designated official,
prior to any location or construction work. Such construction
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~IcDEVITT & McD£VITT
ATTORN£YE~-AT-L,AW
BUILDING
McDEVITT 8: McDEVITT
ATTORNEYS -AT-LAW
FIRST SECURITY BANK
BUILDIN(~
POCATELLO. IDAHO 83201
ilor repair shall be done, if possible, so as not to obstruct or
prevent the free use of said streets.
iSECTION II.
The Licensee shall have the right and privilege to
make all needful excavations in any of such streets, alleys,
avenues, thoroughfares and public highways in the City of
Chubbuck for the purpose of erecting, laying and maintaining
poles or other supports or conduits for said wires or repairing,
renewing or replacing the same. Said work shall be done in
compliance with the necessary rules, regulations, ordinances
or orders, which may, during the continuance of this license, be
adopted from time to time by the City of Chubbuck or the City
Engineer.
SECTION III.
Whenever the Licensee shall disturb any of the streets
for the purpose aforesaid, it shall restore the same to good
order and condition as soon as practicable without unnecessary
delay, and failing to do so, the City of Chubbuck shall have
the right to fix a reasonable time within which such repairs
and restoration of streets shall be completed, and upon failure
of such repairs being made by said Licensee, the said City shall
cause such repairs to be made at the expense of said Licensee.
SECTION IV.
Nothing in this Ordinance shall be construed in any
way to prevent the proper authorities of the City of Chubbuck
from sewering, grading, planking, rocking, paving, repairing,
altering or improving any of the streets, alleys, avenues,
thoroughfares, and public highways within the City of Chubbuck
in or upon which the poles, wires, or other conductors of said
Licensee shall be placed, but all such work or improvement shall
be done, if possible, so as not to obstruct or prevent the free
use of said poles, wires, conductors, conduits, pipes or other
IcD£VITT & FIcDEVITT
apparatus. Where tree trimming is necessary on public streets
or places for the operation of the lines, wires, cables, and
antennas or other appurtenances of the Licensee, such trimming
shall be done by competent employees, agents, or contractors
of the Licensee after application for and granting of a written
permit by the City Engineer or such other person or officer as
the City CoBncil: .... :. may from time to time designate, and it
shall be done without cost or expense to the City.
SECTION V.
In consideration of the rights, privileges and author-
ity by the license herein granted, said Licensee shall pay
annually to the City of Chubbuck upon the passage of the herein
0rdinanee the sum of One Hundred Dollars ($100.00) annually,
beginning on the 1st day of January, 1970, as and for a license
fee.
SECTION VI.
The rights, privileges and authority by the license
herein granted shall cease and terminate at 12 o'clock midnight
the 31st day of December, 1984, providing, however, that if
within one year, considering the availability of labor and
materials, after television reception for the purpose of such a
subscriber system becomes feasible and practicable within the
City of Chubbuck, Licensee does not commence construction of
said system, then, and in that event, this said license shall
sooner terminate.
SECTION VII.
Licensee shall indemnify and save the City free and
harmless from any and all liability, loss, cost, damage or ex-
pense from accident or damage, either to itself or to persons
or property of others which may occur by reason of the exercise
of the rights and privileges herein granted; and shall, for the
purpose of oamrying out the provisions of this section, and prior
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McDEVITT & McD£VITT
A'TTORH £¥S-AT-LAW
FIRST SECURITY BANI(
BUILDING
POCAT£LLO IDAHO BS2OI
.to commencing construction of any kind, have in full force and
effect and file evidence thereof with the Clerk of the City a
good and sufficient policy' (or policies) covering Fifty Thousand
~iDollars ($50,000.00) personal injury each person, One Hundred
i Thousand Dollars ($100,000.00) personal injury each accident,
.'and Ten Thousand Dollars ($10,000.00) property damage with said
policy (or policies) to be executed by an insurance company
(or companies) authorized and qualified to do business in the
State of Idaho and conditioned to indemnify and save harmless
the City from and against any and all claims, actions, suits,
liability loss, cost, expense or damage of any kind or descrip-
tion which may accrue to or be suffered by the City or by anyone
by reason of the erection, construction, reconstruction, relo-
cation, replacing, re-adjustment, repair, maintenance or opera-
tion of the coaxial cable and appurtenances thereto, or by
reason of anything that has been done or may be done by the
Licensee hereunder which may in anywise cause liability by
reason thereof.
SECTION VIII.
To qualify, prospective Licensee shall execute and
deliver and file evidence thereof with the Clerk of the City of
Chubbuck a good and sufficient bond in the penal sum of Two
Thousand Dollars ($2,000.00) executed by a surety company auth-
orized and qualified to do business in the State of Idaho con-
ditioned to strictly conform with the conditions, provisions
and covenants of this 0rdinanee, and to insure that should
City property be damaged by any installation or removal or
failure to remove upon termination that the City be reimbursed
and its damage completely covered.
SECTION IX.
Said Licensee shall have the right to charge and
collect reasonable compensation from all persons and corpora-
tions to whom television reception service (including installa-
tion and connection work) shall be furnished subject to the
rules and regulations of legally constituted regulatory bodies
of the City~ State or Federal governments.
SECTION X.
Provided that the Licensee herein has fully and com-
pletely complied with all of the terms and conditions of the
herein Ordinance, the rights, and privileges herein granted to
the Licensee shall~ at the option of the Licensee: be renewable
for a fifteen (15) year period and subject to the same conditions
as contained in this Ordinance.
SECTION XI.
The rights and privileges herein granted shall not be
deemed exclusive, nor shall the Licensee herein assign, trans-
fer, mortgage or encumber said rights or privileges without the
consent of the City Council of the City of Chubbuck given by
resolution.
SECTION XII.
That an emergency is hereby declared to exist and this
Ordinance shall take effect and be in full force and effect upon
its passage, approval and publication as provided by law.
The Council of the City of Chubbuck, as provided by law, by one-
half (1/2) plus one (1) of the members of the full Council, dis-
pense with the rule that the said Ordinance be fully and dis-
tinctly read upon three different days.
DULY PASSED AND ENACTED THIS
day of
(SEAL)
:~ATTEST:
(Y~ayor, 'C~i'ty of Chubbuck
McDEVITT & McDEVITT
ATTORNE:Y$*AT- LAW
Geneva D. Valenty,C~ Clerk
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