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HomeMy WebLinkAbout1991-1890 - Ordinance - 04/11/1991ORDINANCE NO. ~9) AN ORDINANCE GRANTING THE RIGHT, PRIVILEGE AND FRANCHISE TO DOUX CHENE APARTMENTS, GRANTEE, AND ITS SUCCESSORS AND ASSIGNS, TO OWN, MAINTAIN AND OPERATE ACROSS THE FOLLOWING PUBLIC STREETS: VALLEY VIEW DRIVE (TWO CROSSINGS) AND ANGELINA CIRCLE (ONE CROSS- ING) AND WITHIN THE PUBLIC UTILITY EASEMENTS CURRENTLY EXISTING ON GRANTEE'S PROPERTY BETWEEN SOUTHWOOD DRIVE AND ANGELINA CIRCLE, OF THE CITY OF COLLEGE STATION, TEXAS, SUCH POSTS, POLES, WIRES, CABLES, CONDUITS AND OTHER APPLIANCES, STRUCTURES AND FIX- TURES NECESSARY OR CONVENIENT FOR RENDITION OF TELEPHONE AND OTHER COMMUNICATION SERVICES AS ARE CURRENTLY EXISTING; PROVIDING FOR CONSIDERATION; FOR PERIOD OF GRANT; FOR ASSIGNMENT; FOR METHOD OF ACCEPTANCE; FOR REPEAL OF CONFLICTING ORDINANCES AND FOR PARTIAL INVALIDITY. WHEREAS, the City Council of the City of College Station, Texas, desires to grant the right, privilege, and franchise to Mel Roberts, owner of Doux Chene Apartments, and Ladd Daniel, representative of World Cinema, to own, maintain, and operate across Valley View Drive (two crossings) and Angelina Circle (one crossing) and within the public utility easements currently ex- isting on Grantee's property between Southwood Drive and Angelina Circle, such posts, poles, wires, cables, conduits and other ap- pliances, structures and fixtures necessary or convenient for rendition of telephone and other communication services; and WHEREAS, the City Council at its regular meeting on March 14, 1991, invited any interested person or his attorney to appear and contend for or against the granting of the proposed fran- chise; and WHEREAS, at such meeting recommendations were given as to what requirements should be followed and maintained for the fran- chise, and how many years such franchise should last; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: SECTION 1. GRANT OF RIGHT. PRIVILEGE AND FRANCHISE FOR MAINTENANCE OF TELEPHONE EOUIPMENT AND SERVICR That the right, privilege and franchise be, and the same is hereby, granted to Doux Chene Apart- ments, hereinafter referred to as "Doux Chene", and its successors or assigns, subject to the terms and conditions hereinafter set forth, to own, maintain and operate across the following public streets: Valley View Drive (two crossings) and Angelina Circle (one crossing) and within the public utility easement currently existing on Doux Chene's property between Southwood Drive and Angelina Circle, of the City of College Station, Ordinance No. 1890 Page SECTION 2. SECTION 3. Texas, such posts, poles, wires, cables, conduits and other appliances, structures and fixtures nec- essary or convenient for rendition of telephone and other communication services as are currently existing. SUPERVISION BY CITY OF LOCATION OF POLES AND CONDUIT That all poles placed by Doux Chene shall be of sound material and reasonably straight and shall be so set that they will not interfere with the flow of water to any gutter or drain, and so that the same will not interfere with the ordinary travel of the street and sidewalk. The relocation and rerouting of all poles, stubs, guys, anchors, conduits and cables by Doux Chene shall be subject to the requirements of the National Electrical Safety Code and the regulation, control and direc- tion of the City Council or designated official of the City. The City Council or its delegate shall have the authority to require the relocation of any poles, stubs, guys, anchors, conduits or cables in the event of a discovered violation of the National Electrical Safety Code or a threat to the health, safety or welfare of the residents of the City of College Station as determined by the City. Such relocation shall be at the expense of Doux Chene. STREETS TO BE RESTORED TO GOOD CONDITION At the request of the City, Doux Chene shall locate its lines within forty-eight (48) hours. In the event that Doux Chene fails to locate its lines within forty-eight (48) hours, Doux Chene waives any claims of damages against the City. That the surface of any street or public utility easement within the City disturbed by Doux Chene in renewing or maintaining its telephone plant and system shall be restored within a reasonable time after the completion of the work and maintained to the satisfaction of the City Council, or of any City official to whom such duties have been or may be delegated, for one (1) year from the date the surface of said street or public utility easement is broken for such construction or maintenance work, after which time responsibility for the maintenance shall become the duty of the City. No Ordinance No. 1890 Page 3 SECTION 4. SECTION 5. SECTION 6. such street or public utility easement shall be encumbered for a longer period than shall be necessary to execute the work. TEMPORARY REMOVAL OF WIRES That Doux Chene, on the request of any person, shall remove or raise or lower its wires within the City temporarily to permit the moving of houses or other bulky structures. The expense of such temporary removal, raising or lowering of wires shall be paid by the benefited party or par- ties, and Doux Chene may require such payment in advance. The Doux Chene shall be given not less than forty-eight (48) hours advance notice to arrange for such temporary wire changes. The clearance of wires above the ground within the City and also underground work shall conform to the basic standards of the National Electrical Safety Code, National Bureau of Standards, United States Department of Commerce, as promulgated at the time of erection thereof. TREE TRIMMING That the right, license, privilege and permission is hereby granted to Doux Chene, its successors and assigns, to trim trees upon and overhanding the streets or public utility easements of the City, so as to prevent the branches of such trees from coming in contact with the wires or cables of Doux Chene, and when so ordered by the City, said trimming shall be done under the supervision and direction of the City Council or of any City offi- cial to whom said duties have been or may be dele- gated. ANNUAL CASH CONSIDERATION TO BE PAID BY THE TELEPHONE COMPANY That to indemnify City for any and all possible damages to its streets and public utility ease- ments which may result from the placing therein of Doux Chene's poles, conduits, or other equipment or apparatus, and to compensate the City for its superintendence to this Agreement, a franchise fee of $1.00 per apartment unit per month, for each unit serviced by the cable, shall be paid regard- less of the occupancy of the units. Franchisee shall make monthly payments on or before the §th Ordinance No. 1890 Page 4 SECTION 7. SECTION 8. SECTION 9. day of each month. City shall have the right of entry to inspect the number of units that have cable connections provided by Franchisee. PAYMENT OF CASH CONSIDERATION TO BE IN LIEU OF ANY OTHER PAYMENTS EXCEPT USUAL GENERAL OR SPECIAL AD That the City agrees that the consideration set forth in the preceding section hereof shall be paid and received in lieu of any tax, license, charge, fee, street or alley rental or any other character of charge for the use and occupancy of the streets and public utility easements of the City; in lieu of any pole tax or inspection fee tax; in lieu of any easement or franchise tax, whether levied as an ad valorem, special or other character of tax; and in lieu of any imposition other than the usual general or special ad valorem taxes now or hereafter levied. Should the City not have the legal power to agree that the payment of the foregoing cash consideration shall be in lieu of the taxes, licenses, charges, fees, rentals, and easement or franchise taxes afore- said, then the City agrees that it will apply so much of said payment as may be necessary to the satisfaction of Doux Chene's obligations, if any, to easement or franchise taxes. NO EXCLUSIVE PRIVILEGES CONFERRED BY THIS ORDINANCE That nothing herein contained shall be construed as giving to Doux Chene any exclusive privileges. LIABILITY Doux Chene shall indemnify and hold harmless the City from any and all claims for losses, damages, and injuries arising out of the operations of Doux Chene and the use of public right-of-way and prop- erty in conducting Doux Chene's operations. Further, in the event of litigation, Doux Chene shall pay any attorney's fees as may be allowed by law incurred by City in enforcing the provisions of this franchise agreement. Ordinance No. 1890 Page 5 SECTION 10. SECTION 11. SECTION 12. SECTION 13. SECTION 14. City reserves to itself exclusively the power to regulate Doux Chene to the full extent that such power is provided by law. During business hours, Doux Chene shall be open to City Council or its designated official for the inspection of contracts, books of account, and cost operating records pertaining to its opera- tions covered by this franchise. SUCCESSORS AND ASSIGNS That the rights, powers, limitations, duties and restrictions herein provided for shall inure to and be binding upon the parties hereto and upon their respective sucoessors and assigns. PERIOD OF FRANCHISE That this agreement shall be in full force and effect for the period beginning with the effective date hereof and ending five (5) years after such date. PARTIAL INVALIDITY AND REPEAL PROVISIONS That if any section, sentence, clause, or phrase of this Ordinance is for any reason held to be illegal, ultra vires or unconstitutional, such invalidity shall not affect the validity of the remaining portions of this Ordinance. Ail ordi- nances and agreements and parts of ordinances and agreements in conflict herewith are hereby repealed. ACCEPTANCE OF AGREEMENT That Doux Chene shall have sixty (60) days from and after the final passage and approval of this Ordinance in accordance with Charter Section 120 to file its written acceptance thereof with the City Secretary, and upon each acceptance being filed, this Ordinance shall take effect and be in force from and after the date of its acceptance, and shall effectuate and make binding the agree- ment provided by the terms hereof. Ordinance No. 1890 Page 6 PASSED, ADOPTED, April and APPROVED this , 1991. llth day of A~,EST: /% City Secre%ary ~ APPROVED: First Consideration & Approval: 3/14/91 3/28/91 4/11/91 Second Consideration & Approval: Third Consideration & Approval: RECEIVED JUL 0 1 t991 LETTER OF ACCEPTANCE OF FRANCHISE This Letter will serve as my/our formal acceptance of the terms and conditions of the franchise agreement granted to DOUX CHENE APARTMENTS on April 11, 1991, by the City of College Station by enactment of Ordinance No. 1890 for the purpose of owning, maintaining and operating across certain public streets such posts, poles, wires, cables, conduits, and other appliances, structures and fixtures necessary or convenient for rendition of telephone and other communication services as set forth in said ordinance. This ordinance takes effect on April 11, 1991, and expires on April 10, 1996. I acknowledge that failure to file this written acceptance with the City Secretary within the number of days provided for acceptance in the franchise will result in expiration of the franchise. DOUX CHENE APARTMENTS Title.