HomeMy WebLinkAbout0076 CATV Franchise 1968 O INANCE NO.
AN ORDINANCE. OF THE CITY OF CHUBBUCK, BANNOCK COUNTY, IDAHO,
G~NG ~ BANNOCK TV CABLE CO., A DIVISION OF (H & B CO~NI-
CA~ONS ~.~ A DELAWARE CORPO~TION, ~0~ NORTH ROXBURY DRIVE~
BEV~LY .~LLS~ CALIFO~IA, 90210, A ~CENSE TO CONSTRUCT,
OPE~TE A~.;M~INTAIN A CO~IAL CABLE SUBSCRIBER SYST~ FOR TELE-
VISION SIGN~ DISTRI~TION THROUGHOUT THE CITY OF C~BBUCK; AND
~OH ~OEN~EE TO ~UN SUCH LIN~ O~R~ THROUGH~
STREETS, ALLEYS AND SID~;ALKS OF THE CITY
OF PROVIDING FOR THE APPROVAL OF ~CH INSTALLATION
BY OF THE CITY OF C~BBUCK; AND PROVIDING
FOR THE , ~LAC~ENT AND RESTORATION OF ~Y AND ALL PROP-
ERTY DIS~RBED OR R~OVED IN THE ~KING OF SUCH INSTALLATION;
AND PRO~DING ~ITATIONS UPON THE RIGHTS GRANTED TO USE SAID
STREETS, A~EYS,' A~ES AN~ THOROUG~ARES A~ PUBLIC HIGHWAYS
WIT~N THE~ CITY 0F C~BBUCK; AND PROVIDING AN ANNUAL LICENSE
FEE FOR THE ~GHTS, PRI~LEGES AND ~CENSE HEREIN GRANTED; AND
PRO~DING-THE DU~TION OF SAID LICENSE, ITS ~PIRATION DATE
AND CAUSE FOR CANCELLATION; AND PRO~DING FOR PERFO~ANCE BOND
AND LIABILITY IN~RANCE, THE OB~GATION OF WHICH IS TO SAVE
THE CI~ C~BBuCK F~E AND HA~LESS FROM ANY D~AGES THAT
~Y BE ~8TAI~ BY REASON OF THE INSTALLATION, E~CTION,
M~NTEN~CE OR OP~ATION OF SAID SYS'T~: AND PROVIDING THE
~GHT FOR :THE ~C~SEE TO CHARGE AND COLLECT REASON~LE CO~EN-
SA~ON FR~ ALL P~SONS RECEIVING TELE~SION RECEPTION SERVICE;
AND PRO~DING FOR A RENTAL OF SAID LICENSE UPON THE ~PI~TION
OF SAID L~C~SE HE~IN GRANTED; AND DECLARING ~ ~RGENCY.
McDEVITT & McDEVITT
ATTORNEYS-AT-LAW
FIRST SECURITY BANK
BUILDING
POCATELLO. IDAHO $~t'~Ol
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF CHUBBUCK AS FOLLOWS:
SECTION I o
The City of Chubbuck, hereinafter referred to as the
City, hereby grants to Bannock TV Cable Co., hereinafter called
Licensee, under the conditions and limitations prescribed the
right, privilege and authority by license to install, lay down,
maintain, 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' w~th or without cross-arms, and stretch wires and
cables on all streets; and antennas or other appurtenances
thereon, and to maintain and use the same for the purposes of
erecting and operating a coaxial cable subscription system for
television signal distribution to subscribers' homes, and to
such business and'public establishments as may also desire this
service and for no other uses or purposes whatsoever; whenever
~l--
it is practicable t'o make use of poles, in conformity with such
arrangements as .may be made with the local pole line service
utilities, provided, however, that all work 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 Idaho 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 Clerk or other designated official of the
City of showing the location of such construc-
tion, plans must receive the approval of the
City Engineer or other designated official, prior to any loca-
tion or Such construction or repair shall
be done, if Possible, so as not to obstruct or prevent the
free use~of said streets.
SECTION II.
The Licensee shall have the right and privilege to
make all needful excavations in any of such streets, alleys,
avenues, 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 ~th 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 0£i Chubbuck.
SECTION III.
Whenever ~the Licensee shah disturb any of the streets
McDEVITT 8= McDEVITT
ATTORNEYS-AT-LAW
for the purpose aforesaid, it shall restore the same to good
order andconditiOn as soon as practicable without unnecessary
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McDEVITT & MCDEVITT
delay, 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 planking, rocking, paving, repairing,
altering-or i!mProving any of the streets, alleys, avenues,
thoroughfareS, and public highways within the City of Chubbuck
in or upon:w~ich .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 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 trim-
ming shall :be done by competent employees, agents, or contractors
of the Licensee after application for and granting of a written
permit of the. City Engineer or such other person or officer as
the Mayor and City Council may from time to time designate,
and it shall be done without cost or expense to the City.
SECTION V.
In :c~sideration 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
Ordinance the sum of One Hundred Dollars ($100.00) annually as
and for a license fee and shall pay for the publication of this
Ordinance and other expenses of the City in connection herewith.
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SECTION,VI.
The rights, privileges and authority by the license
herein gr~ted shall cease and terminate at 12 o'clock midnight
the 31st day.Of December, 1969, providing, however, that if
within~one year, considering the availability of labor and
materials' ~ter television reception for the purpose of such a
subscriber-'system becomes feasible and practicable within the
City of Chubbmck, Licensee does not commence construction of
said system,-~ Shen, and in that event, this said license shall
sooner te~ate.
SECTION VII.
Licensee shall indemnify and save the City free and
harmless from~any and all liability, loss, cost, damage or ex-
pense from !~acciden~ or damage, either to itself or to persons
or proper~y of~ others which may occur by reason of the exercise
of the rights and privileges herein granted; and shall, for the
purpose of carrying out the provisions of this s~ction, and prior.
to construction of any kind, have in full force and
effect trod file evidence thereof with the Clerk of the City a
good and sufficient~ policy {or policies) covering Fifty Thousand
Dollars {$50,000.00} personal injury each person, One Hundred
Thousand Dol.lm"s {$100,000.00) personal injury each accident,
and Ten 'I~iOusand. 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,
liabilitytoss, cost, expense or damage of any kind or descrip-
tion which~may accrue to or be suffered by the City or by anyone
MCDEVITT & McDEVITT,i
by reason of the erection, construction, reconstruction, relo-
cation, re, adjustment, repair, maintenace 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 here~.nder 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'-Stri~tly conform with the conditions, provisions
and coven~tlts of .this Ordinance, 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 complete!M covered.
oEC II. ON IX.
Said Licensee shall have 'the right to charge and
collect compensation from all persons an~[ co~'pora-
tions to whom ~televiSion reception service (including installa-
tion and con. nection work) shall be fu~?nished subject to the
rules and repletions of legally ~ ~' ed ~ ~ .
c~. n.~..~.tut regulatory bodies
of the Ci~y,...State~or.Federal governments.
~eC '
S,.,. TION X.
~rovided that the Licensee herein has fully and com-
pletely complied with ali. of the terms and conditions of the
~erein Ordinance, the rights, and privileges herein granted to
the Licensee shall, at the option of the Licensee, be renewable
for a year period and subject to the same conditions
as contained in this Ordinance.
McDEVITT & MCD£VITT
SECTION XI.
The rights and privileges herein granted shall not be
deemed eXClusive, nor~shall the Licensee herein assign, ~rans-
fer,, mortgage ore. cumber said rights or privileges without
the consen~ of theMayor and City Council of the City of
Chubbuck
its
therefor.
SECTION XII.
This. Ordinance shall be in effect immediately upon
and publication, an emergency existing
~VED THIS ~ ~ day of~, 1968.
MayOr*~f the City of~ Chubbuck .....
ATTEST:
(CITY SEAL)
CONSENTED AND AGREED TO This ~',"~,~ day of
1968.
H & B COMMUNICATIONS CORP.
,~ ,,~ z~
~l'~ard, Vice SPreside~t
w'ayne ' ' ' '~' ~ "~""
~4cDEVITT & I~cDEVITT
ATTORNEYS-AT-LAW
FIRST SECURITY BANK
E~UILDING
~OCATELLO, IDAHO BS20!
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