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HomeMy WebLinkAbout0728 Ordinancel ORDINANCE NO. 7 'AN ORDINANCE GRANTING TO THE TRI -CITY TELEVISION SERVICE, INC., A CORPORATION, THE RIGHT AND PRIVILEGE OF PROVIDING A COMMUNITY TELEVISION ANTENNA SYSTEM AND TO PLACE, ERECT, LAY, MAINTAIN AND OPERATE IN, UPON AND UNDER THE STREETS, ALLEYS, AVENUES, THOROUGHFARES AND PUBLIC HIGHWAYS WITHIN THE CITY OF PASCO,.WASHINGTON POLES, WIRES AND OTHER APPLIANCES AND CONDUCTORS FOR SUCH TELEVISION ANTENNA SYSTEM, AND GRANTING A FRANCHISE THEREFOR FOR A -TERM OF YEARS. The City Council of the City of Pasco, Washington, does hereby ordain as follows: Section 1. There is hereby granted by the City of Pasco to Tri -City Television Service, Inc., a corporation, the right and privilege of providing a community television antenna system and to place, erect, lay, maintain and operate in, upon and under the streets, alleys, avenues, thoroughfares and public highways within the City of Pasco, poles, wires and other appliances and conductors for such community television antenna system. Such wires and other appliances and conductors may be strung upon poles or other fixtures above ground, or may be laid underground in pipes or conduits or otherwise protected, and such other apparatus may be used as may be necessary or proper to operate and maintain the same. Section 2. It shall be lawful for Tri -City Television Service, Inc. to make all needful excavations in any of such streets, alleys, avenues, thoroughfares and public highways in said city for the purpose of placing, 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, regulation;, ordinances or orders which may, during the continuance of this franchise, be -adopted .from time to time by the City Council of the City of Pasco. I Section 3. Whenever Tri -City Television Service, Inc. shall disturb any of the streets for the purposes aforesaid, they shall restore the same to good order and condition as soon as practicable without necessary delay, and failing to do so, the City of Pasco shall 0 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 company, the said City shall cause such repairs to be made at the expense of said Tri-C•ity Television Service, Inca Section 4. Nothing in this Ordinance shall be construed in any way to prevent the proper authorities of the City of Pasco from sewering, grading, planking, ricking, paving, repairing, altering, or improving any of the streets, alleys, avenues, thoroughfares and public highways within the City of Pasco, in or upon which the poles, wires or other conductors of said Tri -City Television Service, Inc. shall be placed, but all such work or improvements shall be done if possible so as not to obstruct or prevent the free use of said poles, wires, conductors, con- duits, pipes and other apparatus. Section 5. Whenever it becomes necessary to temporarily rearrange, remove, lower or raise the aerial cables or wires or other apparatus of the grantee to permit the passage of any building, machinery, or other object, the said grantee will perform such rearrangement on seven (7) days written notice from the person or persons desiring to move said building,machinery or other objects. Said notice shall bear the approval of such official as the City Council may designate, shall detail the route of movement of the building, machinery or other objects, shall provide that the costs incurred by the grantee in making such rearrangement of its aerial plant will be borne by the person or persons giving said notice and shall further provide that the person or persons giving said notice will indemnify and save said grantee harmless from and against any and all damages or claims of whatsoever kind or nature caused directly or indirectly from such temporary rearrangement of the aerial plant of the grantee. Section 6. This franchise is in no way to be construed as an exclusive franchise. Section 7. Tri -City Television Service, Inc. shall, within six months of the effective date of this Ordinance, place, erect, or lay, such poles, wires and other appliances and conductors as may be 4 - 3 - reasonably necessary for a community television antenna system along and upon the streets and alleys within the City of Pasco as are designated on the attached map, marked Exhibit A and by this reference incorporated herein and made a part of this Ordinance, and failing to do so, this Ordinance shall become wholly ineffective and void at the expiration of said six-month period. Section 8. Tri -City Television,Service, Inc., further shall, annually on or before the first day of November of each caldnder year, file with the City Clerk of the City of Pasco a list of the officers of such corporation, names and addresses of those individuals that either own or control more than one per cent of the outstanding capital stock of such corporation. Section 9. The franchise and rights hereby granted by the City of Pasco to Tri -City Television Service, Inc. shall be non -assignable without the consent of the City Council of the City of Pasco. Section 10.1h�consideration of the granting of this franchise the grantee, Tri -City Television Service, Inc. shall pay to the City of Pasco, from that date of the acceptance of this franchise and until its expiration, such per cent of its gross service receipts and gross consumer installation receipts, received from subscribers, as shall be required from time to time by Ordinance of the City of Pasco provided that said percentage shall not exceed the gross revenue tax levied or assessed by the City of Pasco on or against the gross receipts of any public service corporation doing business in the City of Pasco, and in addition thereto, the grantee shall pay to the City of Pasco such business license tax or charge that shall be currently charged for other businesses in the City of Paaco. Section 11. The grantee for its part agrees that it will continuously provide and maintain reasonable and adgquate tele- vision service for the City of Pasco and the same shall be made available to all residents or businesses in the City of Pasco, without,discrimina- tion, and it is further understood by the grantee that a schedule of the rates charged by the grantee of this franchise to its subscribers i _ 4 - a shall be kept, maintained and posted with the City Clerk of the City of Pasco showing the classification of the subscribers and the rates applicable thereto. Section 12. The grantee agrees that it will at all times operate its business pursuant to all applicable rules and regulations of the Federal Communications Commission and the Washington State Public Service Commission that apply now or may hereafter be adopted to apply to the business of the grantee. Section 13. The rights and privileges granted in this franchise shall continue to be in force for a period of years from and after the effective date of this Ordinance. Section 14. This Ordinance shall take effect and be in full force and effect five (5) days from and after its passage and publication, and the said grantee shall, within thirty (30) days of the passage of this Ordinance file with the Clerk of the City of Pasco, its written acceptance of the terms and conditions hereof. October, 1952• PASSED BY THE CITY COUNCIL this Day of APPROVED by the Mayor this day of October, 1952• M a y o r More than ten days having elapsed without action by the Mayor by veto of signing the above ordinance the same ATTEST: became effective this 21st day of October without the signature of Mayor City Clerk APPROVED AS TO FORM: City Attorney