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0076 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 -2- 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. -3- 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! -6-