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HomeMy WebLinkAboutO-385ORDINANCE NO. 385 BE IT ORDAINED BY THE CITY OF FAIRHOPE, A municipal Cor- poration, 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 context, words used in thepresent tense include the future, words in the plural number include the singular number, and words in the singular number include theplural number. The word "shall" is always mandatory and not merely directory. (a) "City" is the City of Fairhope, Alabama. (b) "Company" is Tarascan, Inc., 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 td 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, Polesi 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 occup said streets, dley, public ways and places for the purposes herein set forth shall not be exclusive, and the City reserves the right to grant a similar use of said streets, alleys, public ways and places, to any person at any time during the period of this Fran- chis e. 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 erected and maintained by such otherpersons, firms or corpora- tions maintaining poles or posts within the city limits, when and where practicable, providing mutually satisfactory rental agreementd can be entered into with said persons, firms or cor- porations. Construction and maintenance of the transmission and dis- tribution system shall be in accordance with the provisions of the National Electrical Safety Code, prepared by the National Bureau of Standards, the National Electrical Code of the National Board of Fire Underwriters, and such applicible ordinances and regulations of the City affecting electrical installations, which may be in effect now or in the future. All the installations shall be of permanent nature and in- stalled in accordance with good engineering practices, and shall be of sufficient height to comply with all City regulations, or- dinances and State laws so as not to interfere in any manner with the right of the public or individual property owners, and shall not interfere with the travel and use of public places by the publ: and during construction, repair or removal thereof, shall not ob- struct or impede traffic. c, PA G E ORDIM., NO. 385 The Company's transmission and distribution system, poles, wires and appurtenances shall be located, erected and maintained so as not to endanger the lives of persons, or cause damage to property, or to interfere with new improvements the City may deem proper to make, or to unnecessarily hinder or obstruct the free use of the public highways, streets, alleys and other public ways, and removal of poles to avoid such interfergnce will be at the expense of the Company. In the maintenance and operation of the television trans- mission and distribution system inttioe City of Fairhope and in the course of construction or additions to their facilities, the Comp- any shall proceed so as to cause the least possible inconvenience to the general public. Any opening or obstruction intNe streets or other public places made by the Company in the course of its operations or the operations of its successors or assigns shall be guarded and protected at all times by the placement of adequate barriers, fencings, or boardings, the bounds of which during per- iods of dusk and darkness shall be designated by warning lights of approved types. The Company agrees to remove the facilities erected under thi terms of this agreement in the event it ceases to operate hereunde: SECTION S. Compliance with Applicable Laws and Ordinances. The Company shall, at all times during the life of this Franchise, be subject 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 betwee 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 eery name and nature which may arise or result directly or indirbctly from the Company' 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 claim demands, actions, judgments, costs, expenses and liabilities, with minumum policy limits of Twenty -Five Thousand and No; 100 Dollars, R25,000.00) for the props ity damage; One Hundred Thousand and no/ 100,000.00) for the personal injury or death to any one person, and Three Hundred Thousand and no�100 Dollars (#300,000.00) for personal injuries or death arising out of any one accident, eviden thereof to be filed in the Office of the City Clerk and maintanine continually during the exercise of the rights granted under this franchise. SECTION 7. Conditions on Street Occupancy. (a) Use. All transmission and distribution structures, line and equipment erected by the Company within the City shall be so located as to cause minumum interference with the proper use of streets, alleys and other public ways and places, and to cause miminum interference with the rights or reasonable convenience of property owners who adjoin any of the said streets, alleys or other public ways and places. (b) Restoration, in case of any disburbance of pavement, sidewalk or 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. I BAN e PAGE T ORDIN NO. 385 (c) Relocation. In event that at any time during the perio of this Franchise the City shall lawfully elect to alter, or chang 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 an other fixtures at its own expense. (d) Placement of Fixtures. The Company shall not place pol or other fixtures where the same will interfere with any gas, sewe 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 less than forty-eight (48) hours advance notice to arrange for sucl tempora r wire changes. (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 Company, all trimming to be done under the supervision and direc- tion of the City and at the expense of the Company. SECTION B. Approval of Transfer. The Company is hereby granted the power to sell, transfer or convey its rights here- under to any person, firm, corporation or individual. SECTION 9. Payment to City. The Company is to pay to the City, in addition to any and all privilege license, 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 Cii An annual summary report showing gross rental receipts received by the Company from it's operations within the City during the pre- ceding 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, howeve: this franchise may be revoked if the construction of the system 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) days for a hearing at which time the Company shall present matters in litigation of the circumstances surrounding said breach or defi• ciency. SECTION 11. Separability. If any section, subsection, sen- tence, clause, phrase or H portion of this ordinance is for any reason held invalid or unconstitutional by any court or competent jurisdiction, such portion shall be deemed a separate, distinct an independent provision and such holding shall not effect the validi of the remaining portion hereof. ADOPTED THIS 26th day of September, 1967. S; R. C. Macon Mayor ATTEST: Sty Marie Moore City Clerk s f Y•