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HomeMy WebLinkAbout1964-03-17 - Special City Council1.54. Stephenville, Texas March 179 1964- The City Council met in a regular meeting on the above date with Mayor Evans presiding and the following councilmen present: I. D. Reynolds, Mark Geeslin, E. Lee Orbison, Raymond Anderson, Roy Swaim, Harlon Huey and W. H. Stem. Councilman Anderson reported 3 well sites have been secured, that other property and easements will have to be secured by condemnation. It was suggested that property owners be offered 42.00 per rod for easements on pipeline right -of -way. It was moved by Councilman Geeslin, seconded by Councilman Reynolds, to author- ize City Attorney Chandler to proceed with condemnation suit on the Albritton property for test hole site and pipeline right -of -way. Motion carried. A group of Jaycees, with Marion Porter as spokesman, appeared before the Council atating the old dump ground land has been filled in, a fence started, the contract for an entrance awarded, and one pavillion started. This group just learned they should have worked with the Park Committee and the Council. The Mayor stated the Council and Jaycees had an agreement to draw up a master plan before any work was started. This would help arrange the facilities in an orderly manner. It was suggested that this group work with the Park Director and City Recreation Committee. A letter from Huey Rasberry was read requesting concession rights at the City Park to sell picnic supplies and other items this summer. Discussed and referred to the Park Committee: Mayor Evans reported he had talked with the City Judge and the Judge stated he was doing his beset with the job, that if anything has been out of line in his office he will be glad to correct it. The Council agreed for the Judge to go ahead on the job and try to be very considerate of all persons appearing in Corporation Court. Councilman Anderson reported the crossing at the City Park has washed out and is very dangerous. This needs to be fixed or fenced off. Agreed to fix this cross- ing. It was agreed to meet at 7:.45 o'clock at the next regular meeting since that is election day. There being no other business at this time, the Council stood adjoured subject to the Mayor's call. AT T. i y Secr etary. IN 6 COMMUNITY TELEVISION ORDINANCE AN ORDINANCE .GRANTING TO CHARLES E. TABOR & ASSOCIATES THE RIGHT TO ERECT,, MAINTAIN AND OPERATE IN, UNDER, OVER, ALONG, ACROSS AND UPON THE LANES, STREETS, AVENUES, SIDEWALKS, ALLEYS, BRIDGES AND HIGHWAYS AND OTHER PUBLIC PLACES IN THE CITY OF STEPHENVILLE, TEXAS, AND SUBSEQUENT ADDITIONS THERETO, FOR THE PURPOSE OF TRANSMISSION AND DISTRIBUTION BY CABLE OF TELEVISION SIG-, NALS TO ENABLE SALE OF THEIR COMMUNITY TELEVISION ANTENNA SERVICE TO THE INHABITANTS OF SAID CITY, AND OTHER PURPOSES, FOR A PERIOD OF 10 YEARS, AND REGULATING THE SAME BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: Section One In consideration of the faithful performance and observance of the conditions and reservations hereinafter specified, Charles E. Tabor & Associates and its assigns, hereinafter referred to as "the company ", are granted the right to erect, maintain, and operate television trans- mission and distribution facilities, and additions thereto, in,under, over, along, across, and upon the streets, lanes, avenues, sidewalks, alleys, bridges, and other public places in the City of Stephenville and subsequent additions thereto, for the purpose of transmission and distribution of audio and visual impulses and television energy in accordance with the laws and regulations of the United States of America and the State of Texas and the ordinances and regulations of the City of Stephenville for a period of 10 years, with the option to renew for an additional 10 years, subject to re- valuation at renewal date of rates, ordinance compliance and contracts. Section Two Wherever used in this ordinance, the word "television" shall mean a system for transmission of audio signals and /or visual images by means of electrical impulses. Section Three The poles used for the Company's distribution system shall be those maintained by any franchise holder, when and where practicable, pro- viding mutually satisfactory rental agreements can be entered into. Section Four The Company shall have the right to erect and maintain its own poles, as may be necessary for the proper construction and maintenance of the television distribution system. The Company's transmission and distribution system poles, wires, and appurtenances shall be located, erected and maintained so as not to endanger or interfere with the lives of persons, or to interfere with new improvements this City may deem proper to make or to unnecessarily hinder or obstruct the free use of the streets, alleys, bridges or other public property. Construction and maintenance of the transmission distribution system shall be in accordance with the provisions of the National Elec- trical Safety Code, prepared by the National Bureau of Standards, the National Electrical Code of the National Board of Fire Underwriters, and such applicable ordinances and regulations of the City of Stephenville, affecting electrical installations which may be presently in effect, or changes by future ordinances. All installations of equipment shall be of permanent nature, durable, and installed in accordance with good engineering practices and of sufficient height to comply with all existing City regulations, or- dinances, and state laws so as not to interfere in any manner with the right of the public or individual property owner, and shall not 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. s 42 e In the event the installation of any attachment interferes with attachments of others which are already in, place, the location and method of attachment will be decided by the owner of the pole. I , Section Five In the maintenance and operation of its television transmission and distribution system in the streets, alleys, and other public places, and in the course of any new construction or addition to its facilities, the Company shall proceed so as to cause the least possible inconvenience to the general public; any opening or obstruction in the streets or other public places made by the Company in the course of its operation shall be guarded and protected at all times by the placement of adequate barriers, fences, or boardings, the bounds of which, during periods of dusk and dark- ness, shall be clearly designated by red warning lights. Section Six That is the stated intention of the City that all other holders of public licenses and franchises within the corporate limits of the City shall cooperate with the Company to allow the Company's joint usage of their poles and pole line facilities wherever possible or wherever such usage does not interfere with the normal operation of said poles and pole lines so that the number of new or additional poles constructed by the Company within the City may be minimized. Such cooperation shall include the rights of joint usage at reasonable rates and on reasonable terms. Section Seven The Company shall grant to the City, free of expense, joint use of any and all poles owned by it for any proper municipal purpose acceptable to the Company, insofar as it may be done without interfering with the free use and enjoyment of the Company's own wires and fixtures, and the City shall hold the Company harmless from any.and all.actions, causes of action, or damage caused by the placing of the City's wires or appurtenances upon the poles of the Company. Proper regard shall be given to all existing safety rules governing construction and maintenance in effect at the time of con- struction. Section Eight_ The Company shall indemnify, protect and save harmless the City from and against losses and physical damages to property, and bodily injury or death to persons, including payments made under any Workmen's Compensation Law, which may arise out of or be caused by the erection,'maintenance, presence, use or removal of said attachments on poles within the City, or by any act of the Company, its agents or employees, or for interruption of service or for failure of its facilities or plants to perform normal service due to force majeure. The Company shall carry insurance, to protect the parties hereto from and against all claims, demands, actions, judgments, costs, expenses, and liabilities which may arise or result, directly or indirectly from or by reason of such loss, injury or damage. The amounts of such in- surance against liability due to physical damages to property shall not be less than $25;000.00 as to any one accident and not less than $200,000.00 aggregate in any single policy year; and against liability due to bodily injury or to death of persons not less than $100,000.00 as to any one person and no less than $200,000.00 as to any one accident. The Company shall also carry such insurance as it deems necessary to protect it from all claims under the Workmen's Compensation Laws in effect that my be applicable to the Company. All insurance required by this Agreement shall be and remain in full force and effect for the entire life of this Agreement. Said policy or policies of insurance or a certified copy or copies thereof, shall be approved by the City Attorney of Stephenville, and then deposited with and kept on file by the City Secretary. I Section Nine Installation and maintenance of equipment shall be such that the system shall be capable of delivering standard color signals without objectionable pmcture degradation. Section Ten All rates and charges exacted by the Company shall be fair, reasonable, just and uniform, and a schedule of the rates and charges shall be filed With the City Council and must be approved by the City Council. The Company shall have the right to revise its schedule of charges, subject to the approval of the City Council. Section Eleven The Company will furnish without installation charge and without a monthly fee the outside hook -up of the antenna systemto the City Hall and its Fire Department stations, Section Twelve The Company will pay to the City of Stephenville two per cent of its gross rental income as a tax for the privilege of this ordinance. Section Thirteen The grantee shall at all times keep its cables and other appurtenances used for transmitting signals shielded in such a manner that there will be no interference with signals received by private television sets owned by persons not subscribing to grantee's service. In the event that positive proof of such interference is furnished _J to the City Council and to the grantee, the grantee shall have a reasonable time thereafter to eliminate such interference; if after such reasonable time has elapsed and the interference has not been elimated, said City Council shall then have the right to make checks of the equipment to establish and locate the cause of the interfering signals, and grantee shall reimburse said City its reasonable expense in this connection and shall, at grantee's expense, make the correction to grantee's equipment to abate the interference. If such inter- ference is not corrected within a reasonable time thereafter, then the City Council may call and hold a hearing for the purposes of considering the can - cellation of this franchise, notice of which hearing shall be given in writing to the holder of said franchise 10 days in advance of said hearing. If positive proof is presented at said hearing that such interference is caused by grantee's cables or other appurtenances used by grantee for distributing signals, then such City Council shall have the right and authority to cancel this franchise, but the grantee shall have the right to appeal from the Council's action to a court of competent jurisdiction. Section Fourteen The rights and privileges granted by this franchise shall be assign- able and transferable by written approval of the City Council. Section Fifteen Any agreements entered into with other utilities now franchised with the City shall be placed on file with the City Secretary immediately upon their effective date. Section Sixteen If any section, sentence, clause or phrase of the ordinance is for any reason held illegal, invalid, or unconstitutional, such validity shall not ME effect the validity of the ordinance and any portions in conflict are hereby repealed. PASSED, ADOPTED AND APPROVED this day of 1r)j*fjj0,A 1964. ATTEST: CITY.OF STEPHENVI LE � AA� 1 i r City Secretary Mayor ATTEST: ACCEPTED: t' L" Secretary Company DATE: BY: DATE: �, z-7 0 /Sy a AN ORDINANCE PROVIDING THAT THERE SHALL BE SUBMITTED TO THE QUALIFIED VOTERS OF THE CITY OF STEPHENVILLE AT THE NEXT REGULAR CITY ELECTION THE MATTER OF WHETHER OR NOT SECTION 5 OF ARTICLE III OF THE CITY CHARTER OF THE CITY OF STEPHENVILLE SHALL BE AMENDED TO PROVIDE FOR THE EIGHT MEMBERS OF THE CITY COUNCIL OF THE CITY OF STEPHENVILLE BEING ELECTED AT LARGE AND NOT FROM WARDS AS NOW PROVIDED AND PROVIDING THAT THEY SHALL BE ELECTED BY PLACE DESIGNATIONS WITH THE COUNCILMEN ELECTED IN 1964 TO DRAW FOR PLACES 2, 4, 6 AND 8 AND THOSE PLACES ON THE COUNCIL TO BE ELECTED FOR THE YEAR 1965 TO BE DESIGNATED AS PLACES 1, 3, 5 AND 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: Section One There shall be submitted at the next regular city election the prop- osition of whether or not Section 5 of Article III of the City Charter of Stephenville shall be amended to read as follows: "There shall be 8 members of the City:.Council elected at large from the City of Stephenville. Councilmen shall be elected for a term of 2 years, 4 councilmen being elected each year. Those councilmen who are elected in the year 1964 shall, after their election, draw for Places 2, 4, 6 and 8, and those councilmen holding over who were elected in 1963 shall draw for Places 1, 3, 5 and 7. Thereafter councilmen shall run and be elected by place disignation." Section Two The foregoing charter amendment shall be submitted to the qualified voters of the•City of Stephenville at the next regular city election to be held in the City of Stephenville on the first Tuesday in April, 1964, and notice of such election shall be given by publication of a certified copy of this ordinance for two successive weeks, the first publication to be not less than 14 days prior to the election date in a newspaper published in the City of Stephenville and with such publications to be the same day in each of two successive weeks. Said election shall be held at the City Recreation Hall in the City Park in the City of Stephenville and shall be held under the provisions of the general laws of the State of Texas governing general elections, and all persons qualified to vote in said city under the laws of this state at regular city elections shall be permitted to vote. follows: Section Three The form of the ballot to be used in said election shall be as "Do you vote to amend the present City Charter of the City of Stephenville by amending and changing Section 5 of Article III? "Answer: Yes. No." Section Four All voters desiring to vote for the adoption of the proposed amendment shall permit to remain on their ballot with regard to said amendment, if they desire to have the same adopted, the word "Yes ", and those opposed shall permit to remain on their ballots with regard to said amendment,,if they de- _ sire to have the same rejected, the word "No% 54"S PASSED AND APPROVED this 3rd day of Marc 1964. Mayor ATTEST: - _ 1 , City Secretary STATE OF TEXAS COUNTY OF ERATH (J I, l% 1 Publisher ofJ?v�57����- do herb certify under oath that a'_tr e and correct certified copy of the e above and foregoing ordinance was duly published in said newspaper named.in the issues o£.March 6 and March , 1964, the first publication being not less than 14 days prior to the election date named in said ordinance, the first Tuesday in,April, 1964, and such publications being on the same day in each o two successive, weeks. SWORN TO AND SUBSCRIBED before me this / 7 day of March, 1964. otary Public, Erath County, Texas i i