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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.