Loading...
HomeMy WebLinkAbout0911 OrdinanceORDINANCE NO. 911 AN ORDINANCE GRANTING TO THE COLUMBIA T. V. SERVICE CO., A CORPORA- TION, 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, AVMRJES, TIMOUGHFARES AND OTHER PUBLIC HIGHWAYS WITHIN THE CITY OF'PASCO, WASHINGTON, POLES, WIRES AND OTHER APPLIANCES AND CONDUCTORS FOR SUCH TELEVISION ArTTENNA SYSTEM, AND GRANTING A FRANCHISE THEREFORE FOR A TERM OF10 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 Columbia T.V. Service Co., 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, t1broughfares and public highways within the City of Pasco, poles, wires and other appliances and conductors for such com- munity television antenna system. Such wires and other appliances and conductors may be strung upon poles or other fixtures above the 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. +L - Section 2. It shall be lawful for Columbia T.V. Service Co. to.make all needful excavations in any of such streets, alleys, avenues, throughfares 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, regulations, 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. Section 3- Whenever Columbia T.V. Service Co. 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 un- necessary delay, and failing to do so, the City of Pasco shall have the right to fix a reasonable time within which such;repairs and restoration I ORDINANCE NO. 911 AN ORDINANCE GRANTING TO THE COLUMBIA T. V. SERVICE CO., A CORPORA- TION, 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, AVMRJES, TIMOUGHFARES AND OTHER PUBLIC HIGHWAYS WITHIN THE CITY OF'PASCO, WASHINGTON, POLES, WIRES AND OTHER APPLIANCES AND CONDUCTORS FOR SUCH TELEVISION ArTTENNA SYSTEM, AND GRANTING A FRANCHISE THEREFORE FOR A TERM OF10 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 Columbia T.V. Service Co., 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, t1broughfares and public highways within the City of Pasco, poles, wires and other appliances and conductors for such com- munity television antenna system. Such wires and other appliances and conductors may be strung upon poles or other fixtures above the 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. +L - Section 2. It shall be lawful for Columbia T.V. Service Co. to.make all needful excavations in any of such streets, alleys, avenues, throughfares 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, regulations, 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. Section 3- Whenever Columbia T.V. Service Co. 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 un- necessary delay, and failing to do so, the City of Pasco 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 company, -the said City shall cause such repairs to be made at -the expense of said Columbia T.V. Service Co. 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 im- proving any of the streets, alleys, avenues, t1iroughfares and public highways within the City of Pasco, in or upon which the poles, wires or other conductors of said Columbia T.V. Service Co. 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, conduits, 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 bythe 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. Columbia T.V. Service Co. further shall, annually on or before the first day of November of each calendar 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. 2- Section 8. The franchise and rights hereby granted by the City of Pasco to Columbia T.V. Service Co. shall be non -assignable without the consent of the City Council of the City of Pasco. Section g. In consideration of the granting of this franchise to the grantee, Columbia T.V. Service Co. 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 Pasco. Section 10. The grantee for its part agrees that it will continuously provide and maintain reasonable and adequate television service for the City of Pasco and the same shall be made available to all residents or businesses in the City of Pasco, without discrimination, and it is furthE:r understood by the grantee that a schedule of the rates charged by the grantee of this franchise its subscribers shall be kept, maintained and posted with the City Clerk of the City of Pasco showing the classifi- cation of the subscribers and the rates applicable thereto. Section 11. The grantee agrees that it will at all times operate its business pursuant to all applicable rules and regulations of the FE:deral 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 12. The rights and privileges granted in this franchise shall continue to be in force for a period of lQ___years from and after the effective date of this Ordinance. Section 13. The Grantee shall at all times keep maps and records showing the locations of all poles, wires, and other appliances and conductors for said community television antenna system in the City of Pasco, and such maps and records shall be subject to inspec- tion at all reasonable times by proper officials or agents of the City. Four copies of a corrected and up-to-date map of such locations shall be furnished to the City Clerk three times each and every year on the first day of January, May and September. Section 14. This Ordinance shall take effect and be in full force and effect five (5) days from and after its passage and publica- tion, and the said grantee shall, within thirty (30) days of the pas- sage of this Ordinance file with the Clerk of the City of Pasco, its written acceptance of the terms and conditions hereof. PASSED by the City Council and APPROVED by the Mayor this 19th day of November, 1957. AY 0 R ATTEST: City Clergy; APPROVED,, AS TO FOP.11: City Attorney Published: