HomeMy WebLinkAbout1976-30 Amending Ordinance No. 14, Series of 1974, Providing the Severability Clause Therefor~`, • ~ •
ORDINANCE N0. 30
Series of 197 6
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EMERGENCY ORDINANCE AMENDING ORDINANCE
NO. 14, SERIES OF 1974, PROVIDING THE
SEVERABILITY CLAUSE THEREFOR; A PROVISION
RELATING TO PERMISSIBLE RATES IF A COURT
OF COMPETENT JURISDICTION DETERMINES THAT
THE RATE SCHEDULE CONTAINED IN SECTION 12
OF ORDINANCE 14, SERIES OF 1974, IS INVALID;
SETTING FORTH DETAILS IN RELATION TO THE
URGENCY OF THIS ORDINANCE; AND SETTING
FORTH OTHER DETAILS RELATING TO THE
FOREGOING
WHEREAS, the Town of Vail by Ordinance No. 14,
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Series of 1974, granted a franchise to Community Television
Investment, Inc.;
WHEREAS, it has come to the attention of the Town
that said ordinance failed to have a severability clause;
WHEREAS, the Town Council hereby states that it
was its intention that such a clause be included and its
omission was an oversight; and
WHEREAS, the Town Council is of the opinion that
the possible impact of the failure to have the severability
clause is such that this ordinance should take place as an
emergency ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL
OF THE TOWN OF VAIL, COLORADO, THAT:
(1) Ordinance No. 14, Series of. 1974, is amended
by the addition of a new Section 30 to read as follows:
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Section 30. In the event any Court of competent
jurisdiction rules that Section 12 (or any
portion thereof) of this ordinance is invalid,
unconstitutional or ineffective, the Town
Council and the company shall agree and adopt
an appropriate schedule of rates and charges
that are fair, equitable and reasonable.
During the period between the ruling of the
Court and the adoption of a new rate schedule,
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Ord. 30
the remainder of this ordinance and the
collateral agreement between the Town and
the company, shall remain in full force and
effect and the company may, in said interim
period, continue to collect appropriate
• rates and charges for its services, provided
however, that the same shall not exceed the
monthly rate for each television outlet of
$8.45 for a full year and $9.95 for a partial
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Page 2
year.
(2) Ordinance No. 14, Series of 1974, is amended
by the addition of a new Section 31 thereof to read as
follows:
Section 31. Severability. If any section,
subsection, sentence, clause or phrase of this
ordinance is for any reason held illegal,
invalid, or unconstitutional by the decision
• of any Court or regulatory of competent
jurisdiction, such decision shall not affect
the validity of the remaining portions of this
ordinance. The Council hereby declares that
it would have passed this ordinance in each
section, subsection, sentence, clause and
phrase hereof, irrespective of the fact that
any one or more sections, subsections, sentences,
clauses or phrases be declared illegal, invalid
or unconstitutional. The invalidity of any
portion of this ordinance shall not abate,
reduce or otherwise affect any consideration
or other obligation required of the company.
• (3) The Town Council hereby declares that this
ordinance shall take effect as an emergency ordinance in accord-
ance with the provisions of Section 4.11 of the Charter of the
Town of Vail, and the Council finds that the urgency and need
for this ordinance exist as follows:
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Ord. 30 Page 3
(a) Ordinance No. 14, Series of 1974,
which grants a non-exclusive franchise to
Community Television Investment, Inc., to
operate a cable antenna television system
within the Town of Vail failed to include a
• specific severability clause.
(b) It was the intention of the Council
to have a severability clause in said Ordinance.
(c) Civil Action No. 2260, Manor Vail v.
Town of Vail, et al, is seeking to have a portion
of Ordinance No. 14, Series of 1974, declared
invalid and unconstitutional.
(d) The Town Council is of the opinion
that the provisions of Ordinance 14 are severable
and upon a determination of invalidity of any
portion, phrase, clause or sentence, the remainder
of said Ordinance may stand alone.
(e) A legal decision in the above specified
action declaring a portion of Ordinance 14
invalid, unconstitutional, or illegal may jeo-
pardize the entire franchise and thereby disrupt
television service within the Town of Vail.
(f) The disruption of television service
within the Town of Vail, would include public
service channels used by the Town for public
health, safety and welfare purposes, the weather
and other news information, and other services,
the loss of which would be detrimental to the
public health, safety and welfare.
(g) It is the understanding of the Town
• Council that a decision by the Court in the
above specified action is imminent.
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Ord. 30 Page 4
(h) In addition to the foregoing, Community
Television Investment, Inc., the franchisee, has
negotiated the sale of the cable antenna tele-
vision system within the Town of Vail, and the
Town Council has by Resolution No. 16-76 approved
• said sale.
(i) The closing of that transaction has been
delayed because of the lack of a severability
clause in Ordinance No. 14, Series of 1974, and
the possible impact that omission may have on
the continuity of operation.
(j) Because the sale is at advanced stages,
the Town has been informed that service may be
disrupted if there are further delays in the
closing of said sale, and the Council is of the
opinion that a disruption of service would be
detrimental to the public health, safety, and
welfare as outlined in the paragraphs above.
Therefore, the Council is of the opinion that this
ordinance is necessary for the immediate preservation of the
public property, health, safety and welfare, and to take
effect as an emergency measure.
INTRODUCED, READ AS AN EMERGENCY ORDINANCE, APPROVED
AND ENACTED TO TAKE EFFECT UPON FINAL PASSAGE ON THIS DATE,
AND FURTHER ORDERED PUBLISHED ONCE IN FULL WITHIN TEN DAYS
AFTER PASSAGE.
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ATTEST;
DONE THIS 5th day of October, 1976.
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M yor
Town Clerk /