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Home My WebLink About1370 Oregon Broadcasting Television Antenna System Repealed by 1517 ORDINANCE NO. 13 !o An ordinance granting to the Oregon Broadcasting Company, doing business as Jackson Antenna Cable TV, it successors and assigns, the right and privilege of providing a community televi- sion antenna system and to place, erect, lay, maintain and operate in, upon and under the streets, alleys, avenues, thoroughfares and public highways within the City of Ashland, Oregon, poles, wires , and other appliances and conductors for such community television antenna system. THE PEOPLE OF THE CITY Or ASHLAND DO ORDAIN AS FOLLOWS: Section 1. There is hereby granted by the City of Ashland, Oregon, herein called "City, " to the Jackson Antenna Cable TV, its successors and assigns, herein called "Jackson," the right and privileges of pro- vi ng 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 above ground, or, at the option of Jackson, may be laid underground, in pipes or conduits or otherwise protected except.that if City utilities are underground, the City may require Jackson to' place its facilities underground, 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 Jackson to make all needful excavation in any such streets for the purpose of placing, erecting, laying and main- taining poles, or other support of conduit for said wires or repairing or replacing the same. Said work shall be done in compliance with the necessary rules, regulations , ordinances or orders which may, during 1- OREGON BROADCASTING COMPANY P, 0. Box 1189 Medford, Oregon May 18, 1965 Mr. Wi f lord Bartelt Ashland City Recorder Ashland City Hall Ashland, Oregon Dear Mr. Bartlet: Enclosed is a Xerox copy of the acceptance letter sent to the Ashland Council on November 87, 1964. Thank you for calling our attention to the fact that it had not come to your desk. Regards, OREGON BROAD�C�A[STING COMPANY Everett a er EAF/mp cc Robert H. Ayres, Ashland City Manager � r ORPGON BROADCASTING ' COMPANY Tedford, Oregon P. 0. Box 1189 � !, M r Y November '27; 1964 j City of Ashland,' Co;maon Council Attention: , Mr. Robert Ho' Ayres, City Manager City Hall Ashland; Oregon Gentlemen. This is our acceptance e of your ordinance No: 1370 permitting us to provide a coimunity antenna. system in the City of As_iland ; Thank 'you. Regard s, 0 EGO ' PRCADCAS ING CO. Ever6tZ k.F'aoer; EAF%mp. cc Harry .Skerry, Attorney,,, � yI ' 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 street. 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. Section 3. . THhenever Jackson shall disturb any of the streets for the pur- pose 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 Jackson, the City shall cause such repairs to be made at the expense of Jackson. Section 4. Nothing in this ordinance shall be construed in any way to pre- vent the proper authorities of the City from sewering, grading, park- ing, 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 5. Jackson hereby agrees and covenants to indemnify and save harm- less 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 omissions of Jackson, its agents or employees, in exercising the rights and privileges herein granted. -2- Section 6 . Whenever it becomes necessary to temporarily rearrange, remove, lower or raise the aerial cables or wires or other apparatus of Jackson to permit the passage of any building, machinery or other object, Jackson 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, shall provide that the cost incurred by Jackson in making such arrangement of its aerial plant will be borne by the person or persons giving said notice and shall further provide that the person or persons giving said notice will indemnify and save Jackson harm- less of and from any and all damages or claims of whatsoever kind or nature caused directly or indirectly from such temporary rear- rangement of the aerial plant of the grantee excepting such damages as may result from the negligent acts or omission of the grantee in making such temporary rearrangements. Section 7 in consideration of the rights, privileges and franchises hereby granted, Jackson shall pay to the City annually 3 per cent of the gross local service receipts of Jackson 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 advertising by Jackson. on or before the 15th day of February of each year, Jackson 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 -3- sum shall be accepted by the City in lieu of any other license, privilege or occupation tax or fee for revenue or regulation, ex- cepting ad valorem property taxes uniformly assessed during the term of this franchise. All books and records of Jackson 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 8. The rights, 'privileges and ,franchise herein granted shall continue and be in force for a period of ten years from and after January 1, 1965. Section 9 . Upon termination of this franchise or any renewal thereof, at the City's election, Jackson shall remove any and all wires , poles or other facilities placed above ground. Section 10. 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 Jackson shall not have filed with the City Recorder its written acceptance of all the terms and condition >of this ordinance. The foregoing ordinance was duly passed, under. a suspension of the rules, at a regular meeting of the Common Council held on the day of November, 1964 , the vote being as follows : Ayes Nays O Approved: Mayor To all of which S hereby certify: City Recorder