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HomeMy WebLinkAbout0428 Ord (Granting Permission to McCarten, etc to Erect, Enlarge, Operate, Repair, Maintain Transmission Lines or Cables etc)281 ORDINANCE NO. 428 AN ORDINANCE GRANTING PERMISSION TO F. M. McCARTEN, HIS HEIRS AND ASSIGNS, TO ERECT, ENLARGE, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF STILLWATER, MINNESOTA TRANSMISSION LINES OR CABLES, INCLUDING NECESSARY POLES, POLE LINES, WIRES AND FIXTURES NECESSARY FOR OPERATION OF A SYSTEM FOR RECEIVING, DISTRIBUTING AND FURNISHING TO THE CITY OF STILLWATER, ITS INHABITANTS AND OTHERS, OF TELEVISION AND RADIO IMPULSES AND SIGNALS AND TRANSMITTING TELEVISION AND RADIO SIGNALS AND IMPULSES INTO AND THROUGH THE CITY, AND THE USE OF STREETS, ALLEYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES. The Council of the City of Stillwater does hereby ordain: 6 .h1'-#.57y Section 1. Grant of Authority. That there be, and hereby is granted to F. M. MCCarten, of Stillwater, Minnesota, his heirs and assigns, hereinafter referred to as "company", during twenty (20) years after the passage and adoption of this ordinance. the non-exclusive right and privilege of erecting, enlarging, operating, repairing and maintaining in, on, under, across and along the public streets. alleys and public grounds of the city, including subsequent additions thereto, transmission lines or cables, including all necessary, usual or convenient poles, pole lines, wires and all other fixtures and appurtenances necessary, usual and convenient for us in connection therewith, in the operation of a system for the purpose of receiving, transmitting and distributing and furnishing television and radio impulses or signals for public and private use in and to said city. the inhabitants thereof and others, and for the purpose of receiving and transmitting into and through said city such television and radio impulses or signals, all in accordance with the laws of the United States of America, the State of Minnesota and the City of Stillwater, Minnesota, and such reasonable regulations as may be from time to time imposed by the Council of the City. Section 2. Conditions of Franchise. The right herein granted shall at all times be subject to the following conditions and provisions: (a) That the council shall have the right to require reasonable extensions of the company's transmission and distribution system from time to time, anc to make anon rules and regulations as may be required to secure adequate and proper service and to provide sufficient accommodations for tne public. (b) That the company shall not issue any capital stock on account of the rights granted herein or the value thereof, and that the company shall have no right to receive, upon condemnation proceedings brought by the city. to acquire the public utility exercising tne rights granted herein, any return on account of said rights or their value. (c) That no sale or lease of the rights granted herein shall be effective until the assignee or lessee shall have filed in the office of the City Clerk an instrument, duly executed, reciting the fact of such sale or lease, accepting the terms contained herein, and agreeing to perform all the conditions required of the company hereunder. The assignee or lessee shall also file a bond duly executed by it, with a corporate surety approved by the City Council, in such sum and with such conditions as the council may require, which bond shall run to the city as obligee, and shall obligate tne assignee or lessee to discharge all obligation and liabilities imposed by this ordinance. (d) Any right granted the company under this franchise to erect poles, masts. or other fixtures in the streets, alleys or public grounds for the attach- ment of wires thereto, to lay pipes or conduits under the streets, alleys or public grounds, or to place in the streets, alleys or public grounds any permanent or semi -permanent fixtures whatsoever, are subject to the condition that the Council shall have the power to require such alterations therein or relocation or re- routing tnereof, as the council may, at any time deem necessary, to the safety, health or convenience of the public, and particularly, that it shall have the power to require the removal of poles, masts and other fixtures bearing wires, and the placing underground of all wires, for whatever purpose used. Where existing utilities are underground, the company's facilities shall in all cases be placed underground. (e) This franchise shall be subject to all the conditions of Article XIV, paragraph 298 of the Charter of the City of Stillwater. • 282 (f) This franchise shall not become operative unless the company shall, within twenty days after this ordinance shall be ratified by a vote ot the people, file in the office of the City Clerk a written notice accept- ing the provisions of this ordinance and agreeing that the company and its assigns shall hold and exercise the same under all conditions of the Charter of the City or Stillwater and such regulations and requirements as the Council may from time to time lawfully exact. Section 3. Rates. Rates charged by the company for services hereunder shall be fair and reasonable and designed to meet all necessary costs of the service including a fair rate of return on the net valuation of its properties devoted thereto under efficient and economical management. In no case shall there be any rate upon franchise value. The company agrees that it shall be subject to all authority now or hereafter possessed by the City or any other regulatory body having competent jurisdiction to fix just, reasonable and compensatory television and radio signal distribution rates. When this fran- chise takes effect, the company shall have the authority to charge and collect not to exceed the following schedule of rates, which shall remain in effect until changed or modified with the approval of the City or such other regulatory body having jurisdiction, in accordance with the general standards set out in this section: Installation Disconnect Re -connect Monthly rental for service Additional receiver $25.00 No Charge $5.00 $6.00 $1.00 per month. Section 4. Engineering and Construction. The Grantee agrees to start engineering of the system immediately and to start construction within two. months after this permit is granted and to proceed with all reasonable dispatch thereafter to complete its service lines so that the proposed television sei:+ce will be available to a majorityof the citizens of the City. within one year after the effective date of the permit. The Grantee shall provide for an all -channel system and shall initially provide at least all channels receivable off air by Community Antenna; such other services as will being in by cable as many other channels as ,may be necessary to insure reception of NBC, ABC and CBSnetwork programs and F. M. radio. The distribution equipment shall be installed and maintained so as to provide pictures of good quality on subscriber receivers throughout the system, including goodquality color reception. a6Section &.g Protection of City from Claims. (a) Prior to the exercise by the company of any of the rights granted to it by virtue of this ordinance it shall furnish to the city a bond executed by it as principal with corporate surety, approved by the City Council, in the principal sum of Ten Thousand Dollars ($10,000.00) conditioned upon its perfor- mance of the terms and conditions imposed upon it under this ordinance. (b) The company shall hold the City harmless from any and all claims and actions,: litigations and from damage arising out of the passage of tnis Ordinance or arising out of the construction, erection, installation, maintenance or operation of its property operated by authority of this Ordinance within the corporate limits of the City or tne negligence of the Company's employees in the operation thereof. The Company agrees to defend in the name of tne City any claims made against tne City arising out of the Franchise. The Company also agrees to holm tne city harmless from any and all claims and actions arising from alleged infringements and copyrights. (c) Prior to the exercise by the company of any of the rights granted to it by virtue of this ordinance, it shall obtain and keep in force during the term of the franchise granted it, by virtue hereof, a policy of insurance insuring the city, its officers and employees, ant the company for liability imposed by law from any and all claims for injury and/or damage to the person and property, both real and personal, of any and all persons resulting from the construction, erection, operation and maintenance of any structures, equipment, appliance or products, authorized or used pursuant to the authority ot tnis ordinance, and the operation or the system herein authorized, which insurance snail provide coverage of not less than One Hundred Thousand Dollars ($100,000.00) for the injury or death of any one person and Three Hundred Thousand Dollars ($300,000.00) for any one accident or occurence, and coverage ot not less tnan One Hundred Thousand Dollars ($100,000.00) for damage to property for any one accident or occurrence. 283 #- _KI f rt., d a....c,Jv-. u ye - Section kr. Charges Imposed by the City. Within ninety days weer the close or the fiscal year ot the company exercising this franchise, the company shall file annually in the office of the City Clerk a statement or the earnings and expenditures of such business. Such statement shall include whatever information may be required by the City Council. Said statement shall be open to public inspection. The company shall pay to the City for the privilege of operating its system under this franchise a sum equivalent to 5% of the annual gross operating revenue taken in and received by it in all sales of television or radio signals within the City. /0 Section }, Termination of Franchise. If the company shall fail to comply with any of tne provisions of this ordinance or regulatory ordinances adopted in accordance herewith, or default in any of its obligations except for cause beyond its reasonable control, and shall fail within thirty (30) days after written notice from the City to correct such default or non-compliance, the City Council shall have the right by resolution to revoke this ordinance and all rights cf the company hereunder. Upon tne expiration or termination of this franchise as hereinbefore provided, the company shall remove all of its plants, structures, works, pipes, mains, conduits, cables, poles and wire, and refill at its own expense any excavation that shall be made by it and shall leave said streets, alleys, public ways and places in as good condition as that prevailing prior to the company's removal of equipment and appliances. Section-B: Use ot Streets. (a) Use. All transmission and distribution structures, lines and equipment erected by the Company within the City shall be so located as to cause minimum interference with the proper use of streets, alleys and other public ways and places, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of tne said streets, alleys or other public ways and places. (b) Restoration. In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the Company shall, at its own cost and expense and in a manner approved by the City Inspector, replace and restore all paving, sidewalk, driveway or surface of any street or alley disturbed, in as good condition as before said work was commenced, and shall maintain the restoration in an approved condition for a period of two (2) years. (c) Relocation. In event that at any time during the period of this Franchise the City shall lawfully elect to alter or change the grade of any street, alley or other public way, the Company, upon reasonable notice by the City, shall remove, relay and relocate its poles, wires, cables, underground conduits. man- holes and other television and radio fixtures at its own expense. (d) Tree Trimming. The Company shall have the authority to trim trees upon and overhanging, streets, alleys, sidewalks ana public places of the City so as to prevent the branches or such trees from coming in contact with the wires and cables of the Company, all trimming to be done under the supervision and direction of the City and at tne expense of the Company. /a. Section 9. Not to Engage in Sales or Service. This ordinance shall not be construed as a permit for the grantee to engage in the sales or service of television or radio receivers, parts or equipment, and tnis Ordinance is granted with the understanding that the Grantee herein will not so engage. /3 Section ie. Effective Date. This ordinance shall take effect and be in full force from and after its passage, publication. approval by the voters and acceptance by the company. Adopted by the City Council of the City ot Stillwater this 13th day of August, 1968. Published: August 21, 1968 October 21 196e Mayor City Clerk