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HomeMy WebLinkAboutordinance.council.005-62ORDINANCE NO. (Series of 1962) AN ORDINANCE GRANTING TO CANYON CABLE TV CORPORATION THE RIGHT TO ERECT, MAINTAIN AND OPERATE IN, UNDER, OVER, ALONG, ACROSS, AND UPON THE STREETS, LANES, AVENUES, SIDEWALKS, ALLEYS, BRID~ES, AND HIGHWAYS AND OTHER P~BLIC PLACES IN THE CITY OF ASPEN AND SUBSEQUENT ADDITIONS THERETO, FOR THE PURPOSE OF TRANSMISSION AND DISTRIBUTION BY CABLE OF TELEVISION SIGNALS TO ENABLE SALE OF THEIR CO~fONITY TELEVISION ANTENNA SERVICE TO THE IN- HABITANTS OF SAID CITY, AND OTHER PURPOSES, FOR A PERIOD OF TWENTY-FIVE (25) YEARS, AND REGULATING THE SAME. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEn, COLORADO: SECTION 1: In consideration of the faithful performance and observance of the conditions and reservations hereinafter specified, the non-exclusive right is hereby granted to Canyon Cable TV Corpora- tion, a corporation organized under the laws of the State of Colorado, its successors, assigns, or designees, hereinafter referred to as "the company", the right to erect, maintain, and operate television transmission and distribution facilities, and additions thereto, in, under, over, along, across, and upon the streets, lanes, avenues, sidewalks, alleys, bridges, and other public places in the City of Aspen and subsequent additions thereto, for the purpose of trans- mission and distribution of audio and visual impulses and televi- sion energy in accordance with the laws and regulations of the United States of America, and the State of Colorado and the ordi- nances and regulations of the City of Aspen for a period of twenty- five (25) years. SECTION 2: Wherever used in this ordinance, the word "tele- vision'' shall mean a system for transmission of audio signals and/or visual images by means of electrical impulses. SECTION 3: There is hereby granted the further right, privi- lege, and authority to the Company to lease, re~t, or in any other manner obtain the use of towers, poles, lines, cables, and other equipment, and facilities from any and all holders of public licenses and franchises within the corporate limits of the City of Aspen and to use such towers, poles, lines, cables and other such equipment, subject to all the existing and future ordinances and regulations of the City, and subject to reasonable charges for the use thereof as may hereafter be established by the City Council for the City of Aspen. SECTION 4: The Company shall have the right to erect and maintain its own poles, as may be necessary for the proper construc- tion and maintenance of the television distribution system, with the approval of locating poles by the City Electric Department. The Company's transmission and distribution system poles, wires, and appurtenances shall be located, erected and maintained so as not to endanger or interfere with the lives of persons, or to interfere with new improvements this City may deem proper to make, not to unnecessarily hinder or obstruct the free use of the streets, alleys, bridges, or other pui~ic property; removal of poles to avoid such interference will be at the Company's expense. Construction and maintenance of the transmission distribution 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 Under- writers, and such applicable ordinances and regulations of the City of Aspen affecting electrical installations, which may be presently in effect, or changes by future ordinances. Ail installations of equipment shall be of permanent nature, durable, a%d installed in accordance with good engineering practice, and of sufficient height to comply with all existing City regulations, ordinances, and state laws so as not to interfere in any manner with the right of the public or individual property owner, and shall not interfere with the travel and use of public places by the public and during the construction, repair, or removal thereof, shall not obstruct or impede traffic. SECTION 5: In the maintenance and operation of its television transmission and distribution system in the streets, alleys, and other public places, and in the course of any new construction or addition to its facilities, the Company shall proceed so as to cause the least possible inconvenience to the general public; any opening or obstruction in the streets or other public places made by the company in the course of its operations shall be guarded and protected at all times by the placement of adequate barriers, fences, or boardings, the bounds of which, during periods of dusk and darkness, shall be clearly designated by red warning lights. SECTION 6: In order to minimize the number of new or addi- tional poles constructed by the Company within the City, it is the stated intention of the City of Aspen that all other holders of public licenses and franchises within the corporate limits of the City shall cooperate with the Company to allow joint usage of their poles and pole line facilities wherever possible or wherever such usage does not interfere with the normal operation of said poles and pole lines. Such cooperation shall include the rights of joint usage at reasonable rates and on reasonable terms. SECTION 7: The Company shall grant to the City, free of ex- pense, joint use of any and all poles owned by it for any proper municipal purpose acceptable to the Company, insofar as it may be done without interfering with the free use and enjoyment of the Company's own wires and fixtures, and the City shall hold the Company harmless from any and all actions, causes of action, or damage caused by the placing of the City's wires or appurtenances upon the poles of the Company. Proper regard shall be given to all existing safety rules governing construction and maintenance in effect at the time of construction. In the event the City shall -2- reconstruct all or any portion of its electrical system, then in that event, the Company shall at its own expense accu~mL, odate its cable or other fixtures or structures to the new structures of the City. SECTION 8: As a further consideration for this franchise, and accepted by the City in lieu of all occupancy and license taxes and all other special taxes, assessments, or excises upon the cable or other property of the Company, or other levies imposed or that might be imposed, either as a franchise tax, occupancy tax, license tax, permit, charge, or for the inspection of cables or other property of the Company, or otherwise, the Company shall pay to the City a sum equal to two per cent (2%) of its annual gross revenue derived from the sale of television services. SECTION 9: In exchange for th~ rights and privileges granted herein and for the right and privilege of using poles owned by the City of Aspen, such use subject Go existing and future regulations of the City Electric Department, the Company agrees to pay to the City a reasonable charge per pole per year for each City pole used by the Company, said amount to be established by the City Council from time to time, however, the charge per pole shall not exceed the amount paid by the Mountain States Telephone and Telegraph Company under its franchise then in force or joint use agreements then in effect. SECTION 10: The Company shall indemnify, protect and save harmless the City from and against losses and physical damages to property, and bodily injury or death to persons, including payments made under any Workmen's Compensation Law, which may arise out of or be caused by the erection, maintenance, presence, use or r~moval of sam attachments on poles within the City, or by any act of the Company, its agents or employees. The Company shall carry insurance, to protect the parties hereto from and against all claims, demands, actions, judgments, costs, expenses, and liabilities which may arise or result, directly or indirectly from or by reason of such loss, injury or damage. The amounts of such insurance against liability due to physical damages to property shall not be less than Twenty- five Thousand and no/100 ($25,000.00) Dollars as to any one accident and not less than Two Hundred Thousar~ and nO/100 ($200,000.00) Dollars aggregate in any single policy year; and against liability due to bodily injury or to death of persons not less than One Hundred Thousand and no/100 ($100,000.00) Dollars as to any one person and no less than TWo Hundred Thousand and no/100 ($200,000.00) Dollars as to any one accident. The Company shall also carry such insurance as it deems necessary to protect it from all claims under the Wor~men's Compensation Laws in effect that may be applicable to the Company. Ail insurance required by this Agreement shall be and remain in full force and effect for the entire life of this Agreement. Said policy or policies of insurance or a certified copy or copies thereof shall be approved by the City Administration of said City. SECTION 11: That the Company does hereby agree that it will not operate on or interfere with channels thmt are presently being pro- vided by the Aspen TV Committee's translator stationswhich serve the Aspen area; providing however,, in the event the Aspen TV Committee shall -3- discontinue service of any channels now avmtlable through its translator stations, then the Company may provide service on such channels so abandoned. SECTION 12: That the Company agrees that it will provide for each customer at its own expense a switching transformer to connect to the coaxial cable of the company in order that customers may at their own option receive signals through said cable or from the Aspen TV Committee's translator stations on the same television sets or appliances. The Aspen TV Co~zmittee may waive this requirement in the event the cost of said switching transformers is prohibitive for the Company to provide. SECTION 13: At the time this franchise becomes effective, the Company shall furnish a bond to the City in the amount of Five Thousand and no/lO0 ($5,000.00) Dollars, in such form and with such sureties as shall be acceptable to the City, guaranteeing the faithful performance of all of the obligations of the Company under the terms of this franchise. SECTION 14: Installations shall be maintained so as not to interfere with TV reception already in existence. That the Company shall cooperate with the Aspen TV Committee to continue the operation of the Aspen TV Committee's translator stations in order that persons within or outside the City shall not be deprived of television service; providing however, it is understood that neither the City Council of Aspen nor any agents of the City of Aspen shall be the mediator for any disputes or negotiations between the Company and the Aspen TV Committee. SECTION 15: Notwithstanding any provision hereof to the contrary, this franchise shall terminate in the event the Company shall fail or refuse to construct its cable system within two ~rs after the City rebuilds its electrical distribution system, or in the event the City elects not to rebuild its electrical system and gives notice thereof in writing to the Company, then this franchise shall terminate in the event the Company fails or refuses to constructs its TV cable system within two years after receipt of said notice. SECTION 16: This franchise shall not be assignable by the Company without the consent of the City Council of the City of Aspen prior to completion of the construction of the TV cable system by the Company, thereafter said franchise may be assigned without consent of the City Council. SECTION 17: If any section, sentence, clause or phrase of this ordinance is for any reason held illegal, invalid, or unconsti- tutional, such invalidy shall mot affect the validity of the ordinance and any such portions in conflict are hereby repealed. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of Aspen, Colorado, at its regular meeting held at Aspen, Colorado, this 4th day of September, 1962. ' ' ~ayor ATTEST ~ , ~, /? ~it'y Cl~rl~ -4- ORDINANCE NO. 5, SERIES OF 1962. Finally passed, adopted and approved on this /'MAYOR ATTEST STATE OF COLORADO) ) COUNTY OF PITKIN ) I DOROTHY HOFFmaNN, as City Clerk of the City of Aspen, Colorado, do hereby certify that the above and foregoing Ordinance was, introduced, read in full and ~ssed~firsg reading at the regular meeting of the City Council hel~z~d/~ 1962, and published in the Aspen Ti~es, a weekly n~ws~aper'?f ~e~e~al circul~tion~ub- lished in the C~ty of Aspen, ColOrado, zn zts is~u~~f~o~ ~, 1962, and was finally adopted and approved on~~z~ z? ,1~62, and was ordered published as ordinance No. 5,~($~ries of 196M) of said City as provided by law. seal of 1962. IN WITNESS ~HEREOF, I have hereunto set my hand~za~ th~. the G ity of Aspen, Colorado this~--~ day ~o~f~~ A.D.