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HomeMy WebLinkAbout1968-0593 - Ordinance - 10/28/1968ORDINANCE NO. 593 AN ORDINANCE GRANTING TO COMMUNITY CABLEVISION CORPORATION AND ITS SUCCESSORS AND ASSIGNS A FRANCHISE AND PRIVILEGE TO BUILD, USE, MAINTAIN, AND OPERATE A SYSTEM FOR THE PURPOSE OF RECEIVING, AMPLIFYING AND DIS- TRIBUTING TELEVISION 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 PURPOSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: SECTION 1. There is hereby granted Community Cablevision Corporation, its successors, and assigns, hereinafter called "Company", the right and privilege 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 un- reasonably 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 super- vision of the City of College Station, giving consideration 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 notice and hearing for failure to furnish such service. The Company may require a reasonable deposit from its subscribers for the payment 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 shall be such to provide the public with adequate service at a reasonable price, and to provide the Company with a reasonable return upon the fair value of the property of Company used or useful in rendering its service 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. 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, and the laws of this State. The City shall have the right to reasonably regulate the business,of the Company by Ordinance. 015Vay Ordinance No. 593 Page 2 SECTION 5. All work done in connection with the construction, reconstruction, 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 hereafter passed and adopted for the government and regulation thereof, and not inconsistent therewith, 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 highways of the City, within the present fire limits of said City, without the consent of the City Council, or its designated represen- tative. 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 the sole judge of all the practicability of placing such poles in such districts on cross streets. All poles shall be so placed, and all excavations made, and all other construction work in the streets shall be carried on so as to interfere as little as possible 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 policy and regulatory powers of the City, or its designated representative. Further, in areas of the said city where utility service equipment is underground, the Company shall install its equipment underground, and the city shall be the sole judge of the practicability of city underground installation. 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 corporations therein requesting the same, which service shall be first class and in keeping with the rates charged for the service, and sufficient to meet all reasonable demands without undue interruptions. 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 minimum 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 applicable 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 supervision of the City Engineer of the City of College Station, and at the expense of the Company. 01513 Ordinance No. 593 Page 3 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 available within the State of Texas. SECTION 11. The rights, privileges, and franchises granted herein are personal to the Company, and shall not be assigned, or transferred, without the written consent of the City first obtained. SECTION 12. The Company shall assume all liability arising from its operations and hold the City completely harmless 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 do business in the State of Texas and approved by city, 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 ($300,000.00) DOLLARS for personal 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 dis- tributing 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 negligence 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 con- tained 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 termination 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. 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%) percent of the gross revenue exclusive of installation charges derived from its service within the City. The Company shall furnish a surety bond issued by a carrier licensed to do business in this State, approved by the City, in the principal sum of TWO THOUSAND ($2, 000.00) DOLLARS, conditioned on the company paying the City the sum due. The first payment to be made upon the first day of March, 1971, based upon the revenue of the preceding year, ending Ordinance No, 593 Page 4 December 31, 1970. Subsequent payments shall be computed annually thereafter, and payable on or before the first day of March each succeeding year, based upon the revenue of the preceding 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. The Company, its successors, and assigns, for, and in consideration of this franchise further agree to: A. Provide a free connection of this cable service to each public school within the City of College Station at such time as said service becomes available in the vicinity of such schools. B. Provide to said public schools the use of one (1) unoccupied or nonused channel and distribute television signals on the same for school telecasting. C. Distribute television signals providing education programming from Houston Educational Television stations in existence at the effective date of this ordinance. D. Distribute, when available and permitted, to the public schools on an unoccupied or unused VHF channel television signals carrying the Texas A&M University UHF programs. E. Provided that performance of the obligations created in this section shall be subject to, conditioned and governed by any rules and regulations of the Federal Communication Commission, which may now be in existence, or which may be enacted subsequent to the effective date of this franchise, and which by their terms are applicable to such obligations. SECTION 16. If any part of this ordinance shall be declared unconstitutional or invalid by the Court, such holding shall not affect the remaining portion of this ordinance. 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 ordinance 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 to do so by written petition signed by at least forty (40%) percent of the legally qualified voters of said City of College Station, Texas, as shown by the voters registration list 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 said franchise, said ordinance 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 aforesaid, said 01515 Ordinance No. 593 Page 5 ordinance shall be effective sixty (60) days after the adoption upon the third reading. APPROVED: Mayor ATTEST: City Secretary First reading of the ordinance passed and approved August 26, 1968 Second reading of the ordinance passed and approved September 23, 1968 Third reading tabled on October 28, 1968 THIS ORDINANCE WAS PASSED AND APPROVED ON THE THIRD READING ON JUNE 22, 1970. las 01516