Loading...
HomeMy WebLinkAboutO-362ORDINANCE NO. 362 BE IT ORDAINED BY THE CITY OF FAIRHOPE, A Municipal Corpora- tion, in the state of Alabama, as follows: SECTION 1. Definitions. For the purpose of this Ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the cor text, words used in the present tense include the future, words it the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (a) "City" is the City of Fairhope, Alabama. (b) "Company" is Sam E. Giles and Josephine Giles and their assignees, the Grantee of rights under this Franchise. (c) "Commission" is the Board of Commissioners of the City of Fairhope, Alabama. (d) "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. SECTION 2. Grant of Authority. There is hereby granted by the City to the Company the right and privilege to construct, erect, operate and maintain, in, upon, along, across, above, over and under the streets, alleys, public ways and public places now laid out or dedicated, and all extensions thereof, and additions thereto, in the City, poles, wires, cable, underground conduits, manholes, and other television conductors and fixtures necessary for the maintenance and operation in the City of a community television system for the interception, sale and distribution of television signals and other incidental services upon the terms and conditions herein contained. SECTION 3. Non -Exclusive Grant. The right to use and occu said streets, alley, public ways and places for the purposes here- in set forth shall not be exclusive, and the City reserves the right to grant a similar use of said streets, albys, public ways and places, to any person at any time during the period of this Franchise. SECTION 4, Approved Installation Required. The poles and posts used by the Company in its television distribution system (shall be those erected by it or its successors or assigns and/or lerected and maintained by such other persons, firms or corporation. maintaining poles or posts within the city limits, when and where practicable, providing mutually satisfactory rental agreements can be entered into with said persons, firms or corporations. Construction and maintenance of the transmission and distri- button system shall be in accordance with the provisions of the National Electric Safety Code, prepared by the National Bureau of Standards, the National Electric Code of the National Board of Fir( Underwriters, and such applicable ordinances and regulations of the City affecting electrical installations, which may be in effect now or in the future. All installations shall be of permanent nature and installed In accordance with good engineering practices, and shall be of sufficient height to comply with all City regulations, ordinances state laws so as not to interfere in any manner with the right of the public or individual property owners, and shall not inter- fere with the travel and use of public places by the public, and during construction, repair or removal thereof, shall not obstruct or impede traffic. The Company's transmission and distribution system, poles, Tres and appurtenances shall be located, erected and maintained so as not to endanger the lives of persons, or cause damage to perty, or to interfere with new improvements the City may deem to make, or to unnecessarily hinder or obstruct the free use the public highways, streets, alleys and other public ways, and emoval of poles to avoid such interference will be at the expense f the Company. In the maintenance and operation of the television trans - fission and distribution system in the City of Fairhope and in the ourse of construction or additions to their facilities, the Company hall proceed so as to cause the least possible inconvenience to he general public. Any opening or obstruction in the streets or ther public places made by the Company in the course of its opera - ions or the operations of its successors or assigns shall be ed and protected at all times by the placement of adequate -2- barriers, fencings, or boardings, the bounds of which during pert of dusk and darkness shall be designated by warning lights of ap- proved types. The Company agrees to remove the facilities erected under the terms of this agreement in the event it ceases to operate her under. SECTION 5. Compliance with Applicable Laws and Ordinances. The Company shall, at all times during the life of this Franchise, be subject to all lawful exercise of the police power by the City, including compliance with the National Electrical Code and the National Safety Code, SECTION 6. Company Liability - Indemnification and Insuranc Requirements. It is expressly understood and agreed by and between the Company and the City that the Company shall indemnify, protect and save harmless the City from all claims, demands, actions, judg- ments, costs, expenses and liabilities of very name and nature which may arise or result directly or indirectly from the Company's. construction, operation or maintenance of its system and the exer- cising of the rights granted hereunder. The Company shall carry insurance with a company qualified to do business in Alabama to protect the parties hereto from and against any and all such claims demands, actions, judgments, costs, expenses and liabilities, with minimum policy limits of Twenty -Five Thousand and No/100 Dollars ($25,000.00) for property damage; One Hundred Thousand and No/100 Dollars ($100,000.00) for personal injury or death to any one per- son, and Three Hundred Thousand and No/100 Dollars ($300,000.00) for personal injuries or death arising out of any one accident, evidence thereof to be filed in the office of the City Clerk and intained continually during the exercise of the rights granted der this Franchise. SECTION 7. Conditions on Street Occupancy. (a) Use. All transmission and distribution structures, line; equipment erected by the Company within the City shall be so ocated as to cause minimum interference with the proper use of -3- 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 the said streets, alleys or oth 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 Engineer 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. (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 re- locate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense. (d) Placement of Fixtures. The company shall not place poles or other fixtures where the same will interfere with any gas sewer, electric or telephone fixture, water hydrant or main. (e) Temporary Removal of Wire for Building Moving. The Company shall, on the request of any person holding a building moving permit issued by the City, temporarily raise or lower its wires to permit the moving of buildings. The expense of such tem- porary removal, raising or lowering of wires shall be paid by the person requesting the same, and the Company shall be given not les than forty-eight (48) hours advance notice to arrange for such temporary wire chages. (f) Tree Trimming. The Company shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks and public places of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of the Com- pany, all trimming to be done under the supervision and direction of the City and at the expense of the Company. SECTION 8. Approval of Transfer. The Company is hereby granted the power to sell, transfer or convey its rights hereundez to any person, firm, corporation or individual. -4- SECTION 9. Payment to City. The Company is to pay to the City, in addition to any and all privilege licenses, and other charges hereinafter levied by the City, a sum equal to three per cent (3%) of the gross rental income received by the Company but not including any income received by the Company for connection or disconnection charges or other income, for revenues within the corporate limits of the City, payable semi-annually on or before the first day of July and the first day of January of each year immediately following the commencement of operation within the Ct An annual summary report showing gross rental receipts received by the Company from its operations within the City during the preced- ing year and such other information as the City shall request with respect to properties and expenses related to the Company service within the City shall be furnished on or before January 1 of each year. SECTION 10. Term of the Franchise. The Franchise and right herein granted shall take effect and be in force from and after the effective date hereof, as required by law, and continue in force and effect for a term of thirty (30) years; provided, however this franchise may be revoked if the construction of the system is not commenced within one (1) year from the date final approval is granted the Company by any and all state, county, or federal legal bodies, and substantially completed within two (2) years from said date. This franchise is also revocable for just cause by the City such just cause contemplated herein as failure to pay franchise taxes or fees as hereinbefore set out or failure to comply with any other terms set forth in this agreement by the City, such re- vocation to be preceded by notice in writing to the office of the Company setting forth in what respects said franchise has been ab- rogated by the Company and, if said Company does not correct or comply with the deficiency or breach by it within thirty (30) day after such notice, then and in that event the City will set a date for a hearing at which time the Company shall present matters in mitigation of the circumstances surrounding said breach or defi- ciency. 9 -5- SECTION 11. Separability. If any section, subsection, sen- tence, clause, phrase or portion of this Ordinance is for any reason held invalide and unconstitutional by any court of compe- tent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereof. ADOPTED this 5 Y17 day of , 1966. I ATTEST: CITY CLERK CITY OF FAIRHOPE, a Municipal Corporation BY MAYOR I. Marie Moore, City Clerk of the City of Fairhope, Alabama do hereby certify that the foregoing is a true and correct copy of Ordinance #362, adopted by the City Council of the City of Fairhope, Alabama, at their regular meeting of , 1966, and duly published in the Fairhope Courler,Ua newspaper published and having general circulation in said City. Witness my signature this the day of 0�,1966. CI CLERK M