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Home My WebLink About1517 Orgeon Broadcasting Cable TV Franchise Repeals 1370 Repealed by 1942 ORDINANCE NO. X/7 An ordinance granting to the Oregon Broadcasting Company, doing business as Ashland Antenna Cable TV, its successors and assigns, the right and privilege of providing ''a community tele- vision antenna .-system and to place, erect, lay, maintain and operate in, upon and under the streets, alleys, avenues, thor- oughfares and public highways within the City of Ashland, Oregon, poles, wires, and other appliances and conductors for such com- munity television antenna system, and repealing Ordinance No. 1370. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: Section 1. There is hereby granted by the City of Ashland, Oregon, herein called "City" , to the Ashland Antenna Cable TV, its successors and assigns, herein called "Ashland Cable", the, right and privilege of providing a community television antenna system and to place, erect, lay, maintain and operate in, upon and under the streets, alleys, avenues, thoroughfares and public highways within said City, herein called "streets", poles, wires and other appliances and conductors, herein called "appliances", for such community television antenna system. Such wires and other appliances and conductors may be strung upon poles and other fixtures aboveground, or, at the option of Ashland Cable, may be laid underground, in pipes or conduits or otherwise protected except that if City utilities are underground, the City may require Ashland Cable to place its facilities under- ground, and such other apparatus may be used as may be necessary and proper to operate and maintain the same. Section 2. It shall be lawful for Ashland Cable to make all needful excavation in any such streets for the purpose of placing, erect- ing, laying and maintaining, poles, or other support of conduit for said wires or repairing or replacing the same. Said work -1- shall be done in compliance with the necessary rules, regulations, ordinances or orders which may, during the continuance of this franchise, be adopted by the City. The City reserves the right to regulate and designate the location of all poles and other facilities for the carrying of wires that.will or may be erected, installed and maintained in the City streets. Prior to any appliances being installed, notice shall be given to the City and consent shall be secured from it as to locations and methods. It is to be understood that the City shall have the right to require that Ashland Cable place its wires and other appliances and conductors solely upon existing poles of the City of Ashland, poles of Pacific Northwest Bell Telephone Company, or poles owned jointly by the City and Pacific Northwest Bell Telephone Company. Section 3. Whenever Ashland Cable shall disturb any of the streets for the purpose aforesaid, it or they shall restore the same to good order and condition as soon as practicable without unnecessary delay, and, failing to do so, the City shall have the right to fix a reasonable time within which such repairs and restoration of streets shall be completed, and, upon failure of such repairs being made by Ashland Cable, the City shall cause such repairs to be made at the expense of Ashland Cable. The City shall have the right to make reasonable regulations for the purpose of preventing unnecessary use and disturbance of the City streets, such as which streets may be crossed with aboveground or underground lines, etc. Section 4. It is agreed that any aboveground facilities utilized by Ashland Cable shall be placed underground if the City desires to install its lines underground, and the cost thereof contributable to the facilities of Ashland Cable shall be paid by Ashland Cable. -2- Section 5. Nothing in this ordinance shall be construed in any way to prevent the proper authorities of the City from sewering, grading, parking, rocking, paving, repairing, altering or improving any of the streets within the City in or upon which the poles, wires and other conductors of said company shall be placed, but all such work shall be done, if possible, so as not to obstruct or prevent the free use of said appliances . Section 6. Ashland Cable hereby agrees and covenants to indemnify and save harmless the City and its officers from any damage, costs and expenses arising from any injury to persons or property by reason of any negligent act or omission of Ashland Cable, its agents or employees, in exercising the rights and privileges herein granted. Section 7. Whenever it becomes necessary to temporarily rearrange, remove, lower or raise the aerial cables or wires or other apparatus of Ashland Cable to permit the passage of any building, machinery or other object, .Ashland Cable will perform such rearrangement on seven days ' written notice from the person or persons desiring to move said building, machinery or other objects. Said notice shall bear the approval of such official as the Common Council may designate, shall detail the route of movement of the building, machinery or other objects, and the cost incurred by Ashland Cable in making such arrangement of its aerial plant will be borne by Ashland Cable; provided, however, the City shall have the right, at its own discretion, to require said person or per- sons to reimburse Ashland Cable for the aforementioned cost. Section 8. In consideration of the rights, privileges and franchise -3- hereby granted, Ashland Cable shall pay to the City annually three (3%) per cent of the gross local service receipts of Ashland Cable from the operation of the community television antenna system located within the corporate limits of the City. Gross revenues shall not include any fees received for adver- tising by Ashland Cable. On or before the 15th day of February of each year, Ashland Cable shall file with the City a sworn statement of the gross local service receipts for the preceding calendar year, and at said time shall make payment to the City of its share of said receipts for said year. Said sum shall be accepted by the City in lieu of any other license, privilege or occupation tax or fee for revenue or regulation, excepting ad valorem property taxes uniformly assessed during the term of this franchise. All books and records of Ashland Cable relative to said matters shall be open to inspection by the City or its duly authorized agents at all reasonable times within the City. Section 9. The rights privileges and franchise herein granted shall continue and be in force for a period of ten years from and after July 1 , 1967. Section 10. Upon termination of this franchise or any renewal thereof, at the City's election, Ashland Cable shall remove any and all wires, poles or other facilities placed aboveground. Section 11. Installation of a cable television distribution system shall be commenced within twelve months from the date the Federal Com- munications Commission issues Ashland Cable permission to televise within Ashland, Jackson County, Oregon, and Ashland Cable agrees -4- to pursue the installation of the necessary distribution system and extensions with due diligence thereafter. If the Federal Communications Commission does not grant permission to televise within Ashland within one year from the date hereof, the franchise shall automatically be rescinded. It is understood, however, that in certain of the more uncon- gested areas within the City of Ashland, the installation and operation of a cable television system may not be profitable and, therefore, Ashland Cable cannot be compelled to offer service to such areas, and thereupon shall release any franchise rights to such areas. If, in the opinion of the Common Council of the City of Ashland, there has not been due diligence on the part of Ashland Cable in the construction of the television distribution system, it may give six months ' notice in writing of any failure or refusal on the part of Ashland Cable to furnish service to a given and designated area and if the service is not furnished to said desig- nated area within said period of time, the failure so to do may be grounds for revocation of this franchise as concerns any such designated area within the City of Ashland which is not serviced by Ashland Cable 's .television system within said six month period. Section 12. This ordinance shall take effect and be in full force from and after its final passage by the Common Council and approval by the Mayor, and shall become null and void at the expiration of thirty days if Ashland Cable shall not have filed with the City Recorder its written acceptance of all the terms and condi- tions of this ordinance. Section 13. It will be necessary for the City and Ashland Cable to enter into an agreement with Pacific Northwest Bell Telephone Company -5- for the use of poles, and this franchise is subject to the three parties entering into a mutually satisfactory agreement. In the event of any conflict- in the terms and provisions of this franchise and any three-way agreement entered into, as between Ashland Cable and the City of Ashland the terms and conditions most favorable to the City of Ashland shall be binding and controlling. Section 14. That Ordinance No. 1370 be, and the same is hereby, repealed and mutually rescinded. The foregoing ordinance was duly passed, under a suspension of the rules, at a regular meeting of the Common Council held on the X d - day of June, 1967, the vote being as follows: Ayes Nays— Approved: ZZ yor To all oof�rwhich I hereby certify: — Recorder Accepted: OREGON BROADCASTING COMPANY dba Ashland Antenna Cable TV By ' l /7 President � Attest- Secretary I