HomeMy WebLinkAboutORD 02.11.1963 - National Utilities & Cable CoCO -
AN ORDINANCE OF THE CITY OF; GEO','�(3,7',TOW1,,T, TEXAS GJPAiff',L?SIG
TO NATIOWAL UTILITIES AND CABLE 0ORPORITION AND As
SUCCEISSORS AND ASSIGN, A PER YIT TO LOCATE, CONSTTICT,
HAINTAIN, AID OP7RA2R A SYS00 OF EXHIBITION OF VJUAL
AND AUDIBLE EITERTAIVEJUI it HOIES IN THE CITY OF'
GEORGETOWN, TEXAS AUTHORIZING THE USE, RTGHT, PR711
EGF!,
POWER, AND AUTHORITY TO CONSTRUCT MAINTAIN, OPERI-PE,
AND REMOVE IN, OVER AND ACROSS THE STREETS, AVENUF1,
PARKTAYS AND PUBLIC PLACES THE NECESSARY EVIPMENT
FOR
THE OPERATION OF SUCH SYSTEM IN THE CITY O&GEORnElaWn,
TEXAS: PROVIDING FOR THE REGULATION THEREOF; PRQVI:ING
FOR THE PROPER TN'S'-7RA,"--J!CF, A-',\-,,D PERA"IT FF7S
BE IT ORDAINET BY THE CITY COUNCIL OF THE CITY OF GEORGETIWN,
TEXAS:
SECTION 1: There is hereby granted by the City o
Georgetown, Texas,
(hereinafter called City) to National Utilities and Cable Jorporation
(here-
inafter called Grantee), and its successors and assigns,
Privilege, for a period of fefteen (15) years from the ef
Ordinance, to construct, maintain, and operate in the cit
Tpxas, and its successors, necessary wiring, cables, pole;
conduits, manholes, and other apparatus for the purpose o:
to the citizens of Georgetown, Texas, and the inhabitants
of visual and audible entertainment in the homes by transr
ie right and
fictive date of this
fo Georgetown,
underground
operating and extending
hereof, a system
scion of electronic
impulses and television signals originating in a central studio or other
facility over cables, wires, or other means, such visual
entertainment being reproduced in the homes through televi
electronic devices and to this end to use all streets, al
grounds of the City new owned or hereafter acquired, subje
tions as are hereby imposed and as may be hereafter impose
SECTION 2: The surface of any street, alley Q
disturbed by the Grantee in building, constructing, renewi
plate and system shall be restored within a reasonable ti
of the work to as good a condition as before the commenze
audible
on sets or other
sys and public
of such restric-
by law.
or public place
or maintaining its
after completion
t of the work.
No street, alley highway, or public place shall be encumbe d for a longer
period than shall be necessary to execute the work. The 1jantee, shall not
disturb the surface of any street for the purpose of any c
without first obtaining authority to do so from the City.
SECTION 3: The Grantee shall, at all times,
and complete plats, maps and records showing the exact loc
poles, lines, cables and other equipment ant facilities to
the Grantee in the City of Georgetown, Texas, in connection
5"a
truction
and keep full
on of all towers,
ed and used by
ith such system.
SECTIONW: The Grantee shark defend the City against any
lawful claim of injury to any property caused by the Grantee in the con-
struction or operation of its-pr6perty ;.andnin.th event. f
such determination of such liability shall indemnify the City. Tfe Grantee
herein, its successors and assigns, shall indemnify and hold harmless the
City of Georgetown, `texas, from any and all liabilities, claims, demands, or
judgment ,growing out of any injury to any person or property as.the result
of the violation or failure on the part of the Grantee, its successors and
assigns, to observe its proper duty, or because of negligence in whole or
in part arising out of construction, repair, extension, maintenance or
operation of its equipemnt of any kind or character used in connection with
this permit.
SECTION 5: All installation of equipment nature, durable and
installed in accordance with good engineering practice, and of sufficient
height to comply with all existing City regulations, Ordinances and :state
Lsws so as not to interfere with the travel and use of public places by the
public, and during the construction, repair or removal thereof, shall not
obstruct or impede traffic.
SECTION 61 The City of Georgetown, Texas, reserves the right
of reasonable regulation of the erection and construction of any work by the
Grantee and to reasonably designate where such works and construction are to
be placed. The Grantee shall, when requested by the City, make minor changes
in its equipment to conform to the reasonably necessary requirements of small
localized areas. Such changes shall be effected within a reasonable time
after request is made.
SECTION 7; the Grantee shall, prior to commencing its in-
stallation, procure and furnish and file with the City Clerk, the following
insurance policies
(a) Workmen's- 'Compensation insurance in accordance with the
laws of the :Mate of Texas.
(b) Public liability and automobile liability insurance with
limits of not less than Q,000.00 on any one person and.
150,000.00 for any one accident.
(e) Property damage insurance with a limit of not less than
5,000 .00 for any accident
SECTION 84 This permit may be forfeited by the Cily=;.upon the
failpre or refusal of the Grantee, its successors and assigns, to observe the
terms and provisions of this permit. Such forfeiture may be exercised by
service of notice upon. the Grantee specifying with particularity the acts or
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ommissions of Grantee deemed to be a vi,,,lation of the proftsions hereof,
and if Grantee shall not eliminate, cure or obviate such 'ailure or
violation within ninety days after such notice, this perm t shall there-
upon terminate or be forfeited.
SECTION 9: The grantee herein shall pay tthe City of
Georgetown, Texas, as compensation for the rights and pri ileges enjoyed
hereunder, a sum equal to 21% of its total gross receipts eceived by
Grantee from its customers within the City of Georgetown, Texas; provided,
however, that the amount of a3y Federal excise tax levied assessed in
respect of Grantee's operations shall" -be excluded from itoltotal gross
receipts for the purpose of calculating the permit fees h4�ein provided.
Such fee shall be paid annually and the payment thereof sliall be due on or
before the lst. day of January of each year for the preciling year. Payment
of the fees herein provided shall be in lieu of any otherlbax or increased
rate of tax, or other imposed assessment or charges excep ad valorem taxes.
In addition, Grantee shall pay to the City of Georgetown, iff-exas, the s= of
1.50 per year as rental for each light, power and/or tel)hone pole owned
by the City of Georgetown, Texas, to which is attached elf -,trical or other
apparatus owned by Grantee. The 'City of Georgetown, Texf,,, hereby agrees to
accept such payment as 9 fair and equitable rent for the i3e of sid poles and
to allow Grantee to use any of the poles so owned by the C Lty of Georgetown,
Texas, so long as such use does not constitute a hazard of any nature and
does not interfere with the intended use of said poles. ISuch rental shall
be payable annually on or before the lst. day of Janually of each year
for the preceding year.
SECTION 10: Grantee shall undertake diligent annstruction of
said visual and audible entertainment system, as more full'y described here-
inabove, within 18 months after the construction of a simRar system is
initiated in Austin, Texas.
SECTION 11: Grantee shall have ninety(90) day E after final
passage of this ordinance in which to file its written accl,ptance thereof
with the City Secretary, and upon such. acceptances being Riled this
ordinance shall take effect and be in force from and after
the date of its
passage and shall effectuate and make binding the agreeme* contained herein.
SECTION 12: If any section, sentence, clause phrase of the
ordinance is for any reason held illegal, invalid, or uncl stitutional , such
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invalidity shall not affect the validity of the ordinance and any portions
in conflict are hereby repealed.
SECTION 13; This Franchise shall not be assignable without
approval of a simple majority of the Geor,geto�m City Council.
This ordinance shall be effective from and after the third
_..,
rear+inn and passage by the City Cot;rzcil on three separate occasions at a
regular meeting of the Council.,
Executed this llth day of February , 1963
1Vj YOR
i TEST s
CITY SECRETARY