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0084 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 -1- 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 -2- ~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 --4-- 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 --6--