Loading...
HomeMy WebLinkAbout1976-30 Amending Ordinance No. 14, Series of 1974, Providing the Severability Clause Therefor~`, • ~ • ORDINANCE N0. 30 Series of 197 6 • 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, • 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: • 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, ~, • • • 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 • 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: • ~ i ~ • 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. . • • • . • 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. i• ATTEST; DONE THIS 5th day of October, 1976. r i I -~ r `-''" / . ~+ M yor Town Clerk /