HomeMy WebLinkAboutOrdinances Book 13, Page 529, No Ordinance NumberMulti-Chann able Company
of Portsmouth, Ohio, has
Purchased from Midwest Video
Corporation all of its rights
under this ordinance for
whatever they might be worth.
TELEVISION SIGNALS
FRANCHISE ORDINANCE
AN ORDINANCE CREATING A FRANCHISE OR PRIVILEGE TO CONSTRUCT,
OPERATE AND MAINTAIN TELEVISION SIGNALS, LINES AND APPURTENANCES UPON,
ALONG, ACROSS, OVER AND UNDER THE STREETS, ALLEYS AND PUBLIC WAYS OF
THE CITY OF PADUCAH, KENTUCKY, PROVIDING THE TERMS AND CONDITIONS
THEREFOR, AND PROVIDING FOR THE SALE OF SAID FRANCHISE OR PRIVILEGE.
BE IT ORDAINED BY THE BOARD OF COMISSIONERS OF THE CITY OF
PADUCAH, KENTUCKY:
SECTION 1. A franchise is hereby created authorizing the
purchaser hereof, its successors and assigns, to construct and maintain
along the streets, alleys and public ways of the'City of Paducah, within
the present and future limits thereof, poles, lines, conduits and appli-
ances for the purpose of conducting in said City, the business of supplying
and distributing television signals. and for the purpose of transmitting
television signals by the use of said poles, lines and appliances in and.:
through said City to points beyond the limits thereof. The right hereby
granted shall include the right to use poles owned by other concerns,
provided necessary permission can be obtained from the owner thereof,
but nothing in this franchise shall be construed as an attempt to compel
any such pole owner to enter into any such Contract with the holder of
this franchise. In connection with all rnneF._ nFi.,,, _A _...+_...____
the purchaser shall restore the streets and other public places to as good
condition as they had been prior thereto, and shall pay the full cost of
such restoration.
SECTION 2. All work in connection with erecting or replacing
poles and other physical structures upon or along the streets and public
places shall be done pursuant to a permit granted by the City, which
permit shall not be unnecessarily withheld, and the surface of all streets,
alleys and public places which shall be displaced by reason of any work
done by the purchaser, shall be replaced and relaid in as good condition
as bDefore such surfaces were displaced.
SECTION i . The purchaser of this franchise shall indemnify
and save harmless the City from any and all damages, judgments, decrees,
c1sts and expenses, including reasonable attorney fees and costs which said
City may legally suffer or incur, or which may be legally obtained against
said City for or by reason of the use and occupation of any street, avenue);.
alley or other public place in said City by the purchaser, pursuant to the
terms of this franchise or legally resulting from the exercise by said
purchaser of any of the priRileges herein granted and if any claim shall
be made or suit brought against said City for damages alleged to have been
sustained by reason of the occupation of any street, avenue, alley or other,
529
530
Public place by said purchaser, the City shall immediately notify the pur-
chaser in writing thereof, and the purchaser shall at its own cost defend
any such action on behalf of the City.
SECTION L. The rights granted by this franchise shall be for
the sole purpose of providing and installing a community antenna system
whereby television signals may be distributed.
SECTION 5. The purchaser of this franchise shall furnish
the city with comprehensive general liability insurance protecting the City
against damages and injuries to persons and property caused by them or
any of their'employees and contractors, said insurance to be in the sum
of Fifty Thousand ($50,000.00) Dollars for personal-injury or death to
any one person and in the sum of One Hundred.Thousand (5'p100,000.00)
Dollars for personal injury or death to more than one person resulting
from the same accident; Twenty-five Thousand ($25,000.00) Dollars for
damage to property in any one accident. Purchaser shall not claim any
immunity available to the City except as to amounts in excess of the
insurance carried as herein provided.
SECTION 6. The rights granted by this franchise shall continue
for a period of twenty (20) years as provided by law.
SECTION 7. It shall be the duty of the City Manager, as soon
as practicable after this Ordinance shall become effective, to sell at
public auction to the highest and best bidder, the above franchise at the
Commissioner's Chamber in the City Hall in the City of Paducah, Kentucky,
after advertising such franchise and the sale thereof at least once a week
for two (2) consecutive weeks next preceding the date of sale ( the first
advertisement being at least ten (10) days prior to the date of sale), in a
newspaper of..general circulation published in Paducah, Kentucky, and in
making said sale, he shall receive no bid for a less amount than the total
expenses incurred in making said sale, including `the cost of advertising
but not less in any event than $1000.00 Dollars and he shall report
his action hereunder to a meeting of the Board of Commissioners of the
City subsequent to said sale.
SECTION $_ Each person desiring to bid for the franchise offered
for sale shall first deposit, with the proper officer of the city, cash or
a certified check equal to five percent of the fair estimated cost of the
plant required to render the service. The deposit shall be forfeited to the
city in case the bid is accepted and the bidder fails, for thirty days after
the confirmation of the sale, to pay the price bid and to give a sufficient
bond acceptable to the City in a sum equal to one-fourth of the fair estimate
cost of the plant to l'¢e erected. The bond shall be conditioned to be enforce
531
in case the person giving it fails, within a reasonable time to establish a
suitable plant for rendering the service and begin rendering the service
in the manner set forth in the terms of the sale.
SECTION 9. Should any Section or part of any Section or any
provision of this ordinance be declared by the courts for any reason to
be invalid, such decision shall not affect the validity of this ordinance
as a whole, and all sections of this ordinance and the franchise created
hereunder not declared invalid shall remain in full force and effect.
SECTION 10. This ordinance shall be introduced at a regular
meeting of the Board of Commissioners and remain onfile for not less
than one (1) week for public inspection in its completed form in which
it shall be put upon its final passage, and upon its adoption it shall be
in full force and effect ten (10) days thereafter.
Mayor
Introduced by the Board of Commissioners April 10, 1956
Passed by the Board of Commissioners April 17, 1956
Recorded by Sarah Thurman, City Clerk, April 17, 1956.