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HomeMy WebLinkAbout1955-0216 - Ordinance - 08/15/1955ORDINANCE NO. 216 AN ORDINANCE GRANTING TO MIDWEST VIDEO CORPORATION AND TTS SUCCESSORS AND ASSIGNS A FRANCHISE AND FRIMEGE TO BUILD, USE, MAINTAIN AND OPERATE A T;F SYSTEM FOR THE PURPOSE OF RECEIVING, AMPLIFYING AND DISTRIBUTING TELE- VISION SIGNALS IN THE CITY OF COLLEGE STATION, BRAZOS COUNTY, TEXAS, AND GRANTING THE RIGHT OF WAY AND OTHER PRIVILEGES TO OPERATE AND MAINTAIN SAME UNDER AND OVER THE STREETS, ALLEYS, PUBLIC WAYS IN SAID CITY FOR SAID PURPOSES. BE 1T ORDAINED BY THE CITY OF COLLEGE STAT ION: Section 1. There is hereby granted Midwest Video Corporation, its successors, and assigns, hereinafter called "Company", the right and privi- lege for a period of ten years from the effective date of this ordinance, to construct, maintain and operate in the present and future streets, alleys and public ways, of the City of College Station, Texas, towers, poles, lines, cables, necessary wiring, and other apparatus for the purpose of receiving, amplifying and distributing television signals to the said City and inhabitants thereof, except its central receiving station shall not be so located. Section 2. That poles or towers shall be so erected as not to interfere with the traffic over the streets and alleys. The location of all poles, towers or other obstructions shall be fixed with the prior written approval and under the supervision of the City of College Station, giving consider- ation to the reasonable operation of same. Section 3. That the service furnished hereunder to said City and its inhabitants shall be of a maximum efficiency in all respects, and shall be subject to such reasonable rules and regulations as said City may make from time to time, and this permit may be cancelled after the notice of hearing for failure to furnish such service. The Company may require a reasonable l�r deposit from its subscribers for thepayment of its service. The City shall have the right to fix the rates to be charged by the Company by Ordinance after notice to the Company, and hearing; provided, however, that rates so fixed shell be such to provide the public with adequate service at a rea- L, sonable price, and to provide the Company with a reasonable return upon the fair value of the property of Company used or useful in rendering itsservice 1 to the public. Nothing contained herein shall prevent the City and the Company from reaching an agreement with reference to its rates. In the event an ordinance is passed fixing the rates for the Company, then such rates shall be subject to review from time to time by the City on its own motion or on the motion of the Company. 01) Section 4. All rights granted and held under this ordinance are subject to and governed by the existing Charter of the City of College Station, Texas, end the laws of this State. The City shall have the right to reasonably re- gulate the business of the Company by ordinance. Section 5. 1.11 work done in connection with the construction; reconstruc- tion, maintenance and repair of said system shall be subject to and governed by all laws, rules, regulations and ordinances now in force, or that may be here- after passed and adopted for the government and regulation thereof, and not 00539 as1731(0 inconsistent herewith, and shall comply with all requirements of the National Safety Code. No poles, except distribution poles, shall ever be set for carrying wires for such system over or along any of the streets, avenues, or high- ways of the City, within the present fire limits of said City, without the consent of the city council, or its designated representative. No. distribution poles shall ever be permitted on the streets within the fire limits, unless it is impracticable to obtain permission to erect them on private property, and the City is to be sole judge of the practicability of placing such poles in such districts on cross streets. All poles shall be so placed, and all excavations made, end all other construction work in the streets shall be so carried on, as to interfere as little as poss- ible with the use of private property, considering the character of the improvements, repairs and alterations then being engaged in by the Company, all of such work to be performed by and under the police and regulatory powers of the City, or its designated representative. Section 6. The Company shall at all times furnish its service, in accordance with its rules and regulations, to the City and its inhabitants, and to all persons and corporationstherein requesting the same, which ser- vice shall be first class and in keeping with the rates charged for the service, and sufficient to meet all reasonable demands without undue in- terruptions. Section 7. The Company shall install a properly grounded, double shielded cable which is capable of transmitting five (5) television signals. It is further provided that the Company, on completion of installation of tower, amplifier and other signal equipment, shall furnish to users a mini- mum of five (5) signals or channels. Section 8. The Company will, upon request and payment in advance, raise, or lower its wires temporarily to permit the moving of houses or other bulky structures. The minimum height of all wires shall be no less than eighteen (18) feet over streets and alleys, or conform to all 'applical9le codes, whichever permits the lower distance above streets or alleys. Section 9. The Company may trim trees upon and overhanging the streets and alleys to the extent reasonably necessary to prevent the branches from coming in contact with the wires or cables of the Company, under the super- vision of the City Engineer of the City of College Station, and at the ex- pense of the Company. Section 10. The Company will make annual financial reports and such other reports as may be required by the City, and its books shall be at all times subject to inspection by the officers of the City, said books to be made available within the State of Texas. Section 11. The rights, privileges and franchise granted herein are personal to the Company, and shall not be assigned or transferred without consent of the City. Section 12. The Company shall assume all liability arising from its": 005410 INA as 0) Section 15. In consideration of this franchise, the Company its successors and assigns, shall, during the term thereof, pay to the City an annual sum for the use of its'streets, alleys and other property, of not less than two (2) per cent of the gross revenue exclussive of install- ation charges derived fromits services within the City. The Company shall furnish a surety bond issued by a carrier licensed to do business in this state in the principal sum of TWO THOUSAND DOLLARS 02,000.00) conditioned on the company paying the City the sum due. The first payment to be made upon the first day of March, 1956, based upon the revenue of the preceding year ending December 31, 1955. Subsequent payments shall be computed annually thereafter, and payable on or before the first day of March of each succeeding year, based upon the revenue of the preceeding year ending on December 31st. Payment shall be exclusive of and in addition to all ad valorem taxes and special assessments against the Company's properties for municipal purposes. Section 16. If any part of this ordinance shall be declared uncons- titutional or invalid by the Court, such holding shall not affect the re- maining portion of this ordinance. operations and hold the City completely blameless for any such liability. The Company shall further procure and furnish and file with the City Secretary a policy of insurance issued by a solvent carrier licensed to dobusiness in the State of Texas covering liability and property damage with the minimum amounts of liability thereunder as follows: ONE HUNDRED THOUSAND ($100,000.00) Dollars for any single personal injury to any one person; THREE HUNDRED THOUSAND (000,000.00) Dollars for persona]. injury in any one single accident: and TWENTY FIVE THOUSAND ( 25,000.00) Dollars property damage for any one single accident. Said insurance policy shall cover liability of the Company for any defective poles, towers, lines, wires, cables or other apparatus for the receiving, amplifying and distributing of said television signals, and construction and maintaining same and shall relieve the City from any liability for accidents, damages, or injuries resulting from any neg- ligence of any nature on the part of Company, its agents, servants,or employees in the construction and maintenance of all wires and cables, erected by agents, servants or employees of Company. Section 13. The rights, privileges and franchise granted by this ordinance to the Company, its legal representatives and assigns, are not exclusive, and nothing herein contained is intended to, or shall ever be construed so as to prevent the City from granting other or similar rights, privileges and franchises to any other person, firm, association or corporation. Section 14. The City shall have the right to purchase, at a fair value., the franchise and property of the Company at the end of the first five (5) years of the term granted by this franchise, and at the term- ination of every five (5) years thereafter, and in arriving at a fair valuation, the City shall not take into consideration the value of this franchise, or any other franchise or grant held by the Company, or any intangible value of the Company's property, but merely a fair value for the tangible property in use by the Company in its business of supplying the public with television signals. 00541, ti Section 17. That this ordinance granting said franchise shall not become effective until sixty (60) days after the same has been finally read and passed the third time at a regular meeting of the City Council of the City of College Station, Texas. Until after the expiration of said sixty (60) days from final adoption, and pending a time such ordi- nance may become effective, it is hereby made the duty of the City Council of the City of College Station, Texas, to order an election if requested so to do by written petition signed by at least forty per cent (40%) of the legally qualified voters of said City of College Station, Texas, as shown by the pole tax for the year preceding, at which election the qualified voters of said City shall vote for or against the proposed grant, as set forth in detail by Section 120 of the Home Rule Charter of the City of College Station, Texas. Such election shall be ordered held at the next succeeding general election to be held in the City, providing notice thereof shall be published in at least ten (10) successive issues of the official newspaper of the City. If at such election, the majority of votes cast shall be for the granting of the said franchise, said ordi- nance shall thereupon become effective; but if the majority of the votes cast shall be against the granting of such franchise, such ordinance shall become null and void. If, however, there is no petition presented as afore- said, said ordinance shall be effective within the time as herein provided. APPROVED: 4/14-1 ERNEST LANGFORPJ Y0R ATTEST: N. M. MCGINNIS, CITY SECRETARY I The above and foregoing ordinance was passed on first reading ✓vH E 27 , 1955, passed on second reading Ju Ly /B, / f s s'` , 1955, and was read and finally passed at a regular ni eying. of the City Council of the City of College Station, Texas, on "..70244-/6. , 1955; and I, N. M. McGinnis, City Secretary of the City of College Station, Texas, do hereby certify that the above and foregoing is a true and correct copy of said ordinance, as same appears in the Minutes of the City of College Station, Texas. c • 4--101 N. M. N4GINNIS, CITY SECRETARY 00542