HomeMy WebLinkAboutOrd1966-350
ORDINANCE NO. 350
AN ORDINANCE GRANTING A CONTRACT TO SEWARD TELEVISION, INC., ITS
SUCCESSORS AND ASSIGNS: THE RIGHT AND PRIVILEGE OF INSTALLING CLOSED
CIRCUIT TELEVISION CABLES HUNG FROM MESSENGERS ON CERTAIN ELECTRIC
UTILITY POLES AND TOWERS ~ TO OPERATE AND MAINTAIN A COMMUNITY TELEVI:-
SION SYSTEM IN THE CITY: SETTING FORTH CONDITIONS ACCOMPANYING THE
GRANT OF CONTRACT: PROVIDING FOR CITY REGULATIONS ON THE USE OF THE
CO~1UNITY TELEVISION SYSTEM~ AND PRESCRIBING PENALTIES FOR THE
VIOLATION OF THESE PROVISIONS.
Section 1.
TITLE
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THE CITY OF SEWARD ORDAINS:
This ordinance shall be known and be cited as the Seward
Inc., contract ordinance.
Section 2. DEFINITION
For the purpose of this ordinance, the following t
words and their derivations shall have the meaning given herein.
not inconsistent with the
include the future, words in 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 Seward.
B. Company - is the grantee of rights under this contract.
C. Council - is the City Council of The City of Seward.
D. Person - is any person, firm. partnership, associatio~, cor-
poration, company or organization of any kind.
Section 3. GRANT OF AUTHORITY
There is hereby granted by The City of Seward, Grantor, a munici-
pal corporation, organized and operating pursuant to the laws of the
State of Alaska, to Seward Television, Inc., Grantee, a corporation
organized under and operating pursuant to the laws of the State of
Alaska, its successors and assigns, subject to the conditions of this
color
contract ordinance, the right and privilege to install closed circuit/
television cables from messengers on City owned electric utility poles
and towers, 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
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<"dditions thereto in the City, poles, wires, cables, underground con-
duits, 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 color television
signals.
A. Non-exclusive grant. The right to use and occupy City-owned
utility poles, streets, alleys, public ways and places for the
purpose herein set forth shall not be exclusive, and the City
reserves the right to grant a similar use of said streets, poles,
alleys, public ways and places to any person at any time during
the period of this contract.
Section 4. COMPLIANCE WITH APPLICABLE LAWS AND ORDINANCES
The Company shall at all times during the life of this contract
be subject to all lawful exercise of the police power of the City and
to such reasonable regulation as the City shall hereafter by resolution
or ordinance provide.
Section 5. COMPANY LIABILITY~ INDEMNIFICATION
It is expressly understood and agreed by and between the Company
and the City that the Company shall save the City harmless from all loss
sustained by the City on account of any suit, judgment, execution,
claim or demand whatsoever resulting from negligence on the part of the
Company in the construction, operation or maintenance of its television
system in the City, and the Company shall execute a document of indem-
nity holding the City harmless therefrom. The City shall notify the
Company's representative in the City within twenty-four hO'Irs after
the presentation of any claim or demand, either by suit or otherwise,
rr~d9 against the City on account of any negligence as aforesaid on the
part of the Company.
A. The Company shall furnish the City with certificates of insur-
ance (with the stipulation that the City, as certificate holder,
will be given 15 days' notice of intent to cancel) evidencing:
(1) Not less than $100,000 of bodily injury liability
coverage per individual and $300,000 per accident, nor less than
$25,000 of property damage liability coverage. The applicable
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certificate of insurance shall clearly indicate that the property
damage liability coverage includes hazards from explosion, collapse,
damage to underground wires, conduits, pipes, fittings, mains,
sewers or other similar property. Such certificates shall further
clearly indicate that the document of indemnity required pursuant
to the provisions of this section has been incorporated into and
made a part of the applicable insurance policy.
(2) Workmen's Compensation insurance in accordance with the
laws of Alaska.
Section 6. SERVICE STANDARDS
The Company shall maintain and operate its system and render effi-
cient service in accordance with the rules and regulations as are or may
be set forth by the Council as provided for in Section 13 of this
ordinance.
A. Notice of Interruption for Repairs. vfuenever it is necessary
to shut off and interrupt service for the purpose of making repairs,
adjustments or installations, the Company shall do so at such times
as will cause the least amount of inconvenience to its customers,
and unless such interruption is unforseen and immediately necessary
it shall give reasonable notice thereof to its customers.
Section 7. COMPANY RULES
The Company shall have the authority to promulgate such rules, regu-
lations, terms and conditions governing the conduct of its business as
shall be reasonably necessary to enable the Company to exercise its right
and perform its obligations under this contract, and to assure an unin-
terrupted service to each and all of its customers~ provided, however,
that such rules, regulations, terms and conditions shall not be in
conflict with the provisions hereof or the laws of the State of Alaska.
Section 8. CONDITIONS ON USE OF UTILITY POLES AND STREET OCCUPANCY
A. Use. All transmission and distribution structures, lines and
equipment erected by the Company within the City shall be so located
as to cause the minimum interference for the proper use of utility
poles, streets, alleys and other public ways and places, and to cause
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minimum interferenc8 with the rights of reasonable COrlv,'m~S:lce of
property owners who adjoin any of the said streets, a].}.eys or ~'")th':r
public ways and places.
(1) Plans for construction of said cable televisio:1 system or
any extensio:1s thereto shall be filed with the City E2.r::;,gs::' 2.:1U t1::-;
approval of the Council shall be secured prior to co:rJi.,errccm2:1t of
construction. The Council shall not unreasonably with~old its
approval.
(2) City approval must be secured for place~erlt of a~y
additional poles or conduits.
B. Excavation and Restoratiorl.
After procuring a permit from the City to do so, the Company
may make such excavations in streets, alleys or other public pl~ces
as may be necessary for the installation, maintenance, remmral or
replacement of its facilities, temporarily utilizing suchportio.ns
of puvement or sidewalk as required.
. In case nf any disturbance of paVG!TlOnt" .sid€:;l<".lk,-dri vr::v:.:;y -
or other sC'zl1=icing, the Company sh<U.l.,-at its ("'tW'c..oxp....!TlSe ...'"'Jld co.s~_.
o.nd in a ll\c-\T'n.er ~p1"oved by the City Mnn::ge:c, repl,-'.ce and l."e.b'torG . ,.
2.D paving, sidewalk.. driveway or s;;;t'.fC\ce of any !::treet -ol."alJ.ey'
r'l.istllrbed,. in ;>.JJ tJOod C1. condition .'\S before s. -ur1\"o-.Lk!'mB-~v\IIlli~,'''.QE;i'""
;md sh.-l.ll IIY'.i.n'!.:-cl.i!l tho restoration and approvcii. c-onc1itinn for a
,perio.d of one yenr.
C. Reloc7\tion. In tho ovent that any time during tho") period ;'If
.,.this contract the City shnll lawfully :"lrect, :.,],ter, or ch-ngothe
grade ox ?Y:1Y street, 7\J.lcy or other public way or p.le lines, -the
.comp,"".ny, upon re.'"'.son,c:.bl~ notice by 'the City, sh~ll remove, rela.y
..;-;.d relc"y".te its mQsse:1gers, polp_s" wires, c~bles, undergrol1~"c.
conduits, mill1.hclCJs ;~!\d other fixtures at it::; own expGn,gn."'
D. Placement of Fixtureg. The Company sh"ll nnt J:.ll,~.ce paks,
wires, c~lp.s, h\essengers, underground conduits, manholes Gnd othel.'
fixtures where the s;:;me will interfere with any \'latel', electric,
or' telephone fixture"or watQr hydrant, and all such poles or
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other fixtures placed in any street shall be placed at the outer
edge of the sidewalk inside the curb line, and those placed in
alleys shall be placed close to the line of the lot abutting on
said alley, and in such a manner as not to interfere with usual
travel and maintenance on said streets, alleys and public ways.
E. Temporary Removal of Wire for Building Moving. The Company
shall, on 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 temporary removal,
raising or lowering of wires, shall be paid by the person request-
ing the same, and the Company shall have the authority to require
such payment in advance. The Company shall be qivGU not less than
48 hours advance notice to arrange for such temporary wire changes.
S. Tree Trimming. The Company shall have the authority to trim
trees upon and overhanging streets, alleys, sidGwalks or 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 is to be done under the supervision and direction of
the City and at the expense of the Company.
Section 9. PREFERENTIAL OR DISCRIMINATORY PRACTICES PROHIBITED
The Company shall not, as to rates, charges, service facilities,
rules, regulations, or in any other respect, make or grant any prefer-
ence or advantage to any person or subject any person to any prejudice
or disadvantage, provided that' nothing in this contract shall be deemed
to prohibit the establishment of a graduated scale of charges and
classified rate schedules, to which any customer coming within such
classification would be entitled.
Section 10. EXTENSION OF PLANT
The Company shall construct extensions of plant within the cor-
porate limits within a reasonable time of installation of City utility
poles.
Section 11. EXTENSION POLICY
The Company shall file with the City Clerk its extension policy
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r.n filed with and approved by the City Council, and the Company shall
r.,::t make or refuse to make any extensions except as permitted by this
c,-dinance and in accordance with said extension policy.
A. Upon acceptance of this contract, the Company, at its own
expense, shall cause to have published in a newspaper of general
circulation in the City, its extension policy and Company rules
as filed with and approved by the City Council, and shall annually
send to each of its customers living within the corporate limits
of the City a copy of such extension policy.
Section 12. APPROVAL OF TRANSFER
The Company shall not sell or transfer its plant or system to
a~~ther or transfer any rights under this contract to another without
Council approval, provided that no sale or transfer shall be effective
until the vendee, assignee, or lessee has filed in the office of the
City Clerk an instrument, duly executed, reciting the fact of such sale,
2ssignment or lease, accepting the terms of the contract and agreeing
to perform all the conditions thereof.
Section 13. CITY RIGHTS IN CONTRACT
A. City Rules. The right is hereby reserved by the City to
adopt, in addition to the provisions herein contained and existing,
applicable ordinances and such additional regulations as it shall
find necessary, in the exercise of police power: provided that
such regulations, by ordinance or otherwise, shall be reasonable
and not in conflict with the rights herein granted, and shall not
be in conflict with the laws of the State of Alaska.
B. Use of the System by the City. The City shall have the right,
during the lifetime of this contract, free of charge, wherever
construction exists, of maintaining upon the poles of the Company,
within the City limits, wir~and pole fixtures necessary for a
police and fire alarm system: such wires and fixtures to be
constructed and maintained to the satisfaction of the Company and
in accordance with its' specifications.
(1) Compliance with Company rules. The City, in its use
and maintenance of such wires and fixtures, shall at all times
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comply with the rules and regulations of the Company so that there
shall be a minimum danger of contact or conflict between the wires
and fixtures of the Company and the wires and fixtures used by the
City.
(2) Liability. The City shall be solely responsible for
all damages to person or property arising out of the construction
or maintenance of said wires and fixtures authorized by this
Section, and shall save the Company harmless from all claims and
demands whatsoever arising out of the attachment, maintenance,
change or removal of said wires and fixtures to the poles of
the Company. In case of rearrangement of the Company plant or
removal of poles and fixtures, the City shall save the Company
harmless from any damage to persons or property arising out of
the removal or construction of its wires or other fixtures.
C. supervision and Inspection. The City shall have the right to
supervise all construction or installation work performed subject
to the provisions of this ordinance, and to make such inspections
as it shall find necessary to insure compliance with the govern-
ing ordinances.
D. Procedure after Termination or Revocation. Upon the revocation
of this contract by the Council, or at the end of the term of this
contract, the city shall have the right to determine whether the
Company shall continue to operate and maintain its distribution
system pending the decision of the City as to the future mainten-
ance and operation of such system.
Section ] 4. PAYMENT TO THE CITY
A. The Company shall pay to the City, for the privilege of in-
stalling a television cable upon City-owned utility poles, the
amount of $2.50 per pole per year.
(1) Upon the first day of September, 1966, the Company shall
determine the number of City-owned utility poles and towers used
by the Company at that time, and shall pay to the City the sum of
$1.00 per pole used by the Company for the last quarter of 1966.
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(2) On the 31st day of December of each y~ar, the Company shall
certify to the City Clerk the number of City-owned utility poles
and towers being used by the Company, and shall then pay the
rental for the ensuing year.
B. ~~en additional poles are used as the result of construction
of an approved extension of the system herein authorized, the
Company shall pay to the City the amount of $2.50 per pole for
six months or more and shall pay to the City the amount of $1.25
per pole for less than six months.
(1) within thirty days of completion of construction of any
extension of the system, the Company shall certify to the City
Clerk the number of City-owned utility poles and towers used by
the Company in such extension, the date when the extension was
aompleted, and put into operation, and shall then pay the rental
for ~he remainder of the year.
Section 15. RATES
Rates charged by the Company for serviee hereunder shall be fair
and reasonable and designed to meet all neeessary costs of the service,
including a fair rate of retu~n on the net valuation of its properties
devoted thereto under efficient and eeonomical management. The Company
agrees that it eha1l be subject to all authority now or hereafter
possessed by the City, or any other regulatory body having competent
ju~1sdiction, to fix just, reasonable and eompensatory television
signal distribution rates when this contract takes effect. The Company
shall have authority to charge and collect not to exceed the following
schedule of rates, which shall remain in effect until changed or
modified in accordance with the general standards set out in this
section:
No. 1 - Initial installation charges
No. 2 - Monthly service charges
Section 16. RECORDS AND REPORTS
The City shall have access at all reasonable hours to all of the
$87.00
$12.50
Company's plans, contracts and engineering, accounting, financial,
statistical, customer and service records, relating to the property
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and operation of the Company I ~nd to all other records required to be
kept hereunder. The following records and reports shall be filed with
the City Clerk and in the local office of the Company:
No.1. Company rules and regulations (Copies of such
rules, regulations, terms and conditions adopted by the
Company for the conduct of its business.)
No.2. Gross Revenue (An annual summary report showing gross
revenue received by the Company from its operation within the
City during the preceding year, and such other information as
the City shall request with respect to properties and expenses
related to the Company's service within the City.)
No.3. Plans of System (showing each pole contact, etc.)
No.4. Rate Schedule
Section 17. TEffi4 OF CONTRACT
The contract and rights herein granted shall take effect and be
in fcrce from and after the final passage hereof as required by law,and
upon filing of acceptance by the Company with the City Clerk, and shall
continue in force and effect for a term of five years after the effec-
tive date of this contract: except that if the Company shall fail to
complete the construction of the service herein authorized or shall
fail to commence providing said service within six months after the
acceptance date, the provisions of this contract shall be null and
void.
Section 18. PUBLICATION COSTS
The Company shall assume the cost of publication of this ordinance,
as such publication is required by law. A bill for publication costs
shall be presented to the Company by the City Treasurer, upon the
Company's filing of acceptance, and shall be paid at that time.
Section 19. JOINT USE
The Company and Alaska Telephone Corporation, their respective
successors and assigns, shall permit joint use by each other of their
property and appurtenances located in streets, alleys, bridges, ease-
ments and public places, insofar as such joint use may be reasonably
practicable and upon payment of reasonable rental charges therefor,
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c.nd, in the absence c agreement, upon applicat ,n to the City arbitra-
tion of terms and conditions shall be provided by the City at the
expense of parties first named.
Section 20. PENALTIES
Any person, firm or corporation violating any of the provisions
of this ordinance shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined in an amount not exceeding Three
Hundred DollCirs ($300.00) or imprisoned in the City Jail for a period
r,'t exceeding thirty (30) days, or both so fined and imprisoned. Each
such violation as committed or permitted to continue shall constitute
a separate offense and shall be punishable as such hereunder; provided
that any violation by the Company, its vendee, lessee or successor, of
any provision of this contract, or any material portions thereof, or
the failure promptly to perform any of the provisions hereof, shall be
cau59 for the forfeiture of this contract and all rights hereunder.to
the City,.~fter written notice to the Company, and continuation of
such. violation, failure or default.
Se<:tion 2L SEVERABILITY
If any section, sub-section, clause, phrase or portion of this
._ ordinance is for any reason held invalid or unconstitutional by any
court of competent juriRdiction, such portion shall be deemed a
separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions hereof.
Section 22-. ORDINANCES REPEALED
Allordifu.nces or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed~ _
Publication of this ordinance shall be made by posting a copy
hereof for a period of ten (10) days on the City Hall Bulletin Board,
and by publishing a notice of the pl~ce of posting and a brief statement
of the purpose of this ordinance in a newspaper of general circulation
in the City, within a reasonable time.
Second reading:
m~LL'L 7) I?~~
lJ1 a"- c.-L :1-1, 19 0 ~
First reading:
PJ\SSED AND AP~ROVEQ BY the ~ City COU?cj-1 of the City of Seward, at
Seward, Al"ska, th1"J~__daY or a~1? '~~
~ ~~~,-~c:a:6i .. tv _ _ . ___
Beatr1ce E. Watts, City C1.erl<: -116'-- R~W~.K'iL pat,. Mayor