Ordinance 1988-6
ORDINANCE GRANTING FRANCHISE TO NEW PARIS TELEPHONE S QUALITY CABLEVISION, INC., ITS SUCCESSORS AND ASSIGNS TO OWN, OPERATE, AND MAINTAIN A COMMUNITY TELEVISION SYSTEM IN THE TOWN OF MILLERSBURG, SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE AND PROVIDING FOR REGULATIONS AND USE OF SAID SYSTEM BY SAID TOWN
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF MILLERSBURG, INDIANA AS FOLLOWS:
Section 1. Short Title This Ordinance shall be known and may be cited as the “New Paris Telephone’s Quality Cablevision, Inc. Cable Television Franchise Ordinance.”
Section 2. Definitions For the purpose of this Ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future; words in the plural number include the singular number; and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.
1 . “Cable Television System” shall mean a system of antennas, cables, wires, lines, towers, waveguides, or any other conductors, converters, equipment or facilities, designed and constructed for the purpose of producing, receiving, amplifying and distributing audio, video and other forms of electronic or electrical signals located in the Town of Millersburg.
2. “Company” is the grantee of the rights under this Ordinance and means New Paris Telephone’s Quality Cablevision Inc.
3. “Person” is any person, firm, partnership, association, corporation, company or organization of any kind.
4. "Town" is the Town of Millersburg, State of Indiana.
Section 3. Qualifications of Company and Grant of Authority The Town hereby finds that the Company possesses the necessary legal, technical, character, financial and other qualifications and that the Company’s construction arrangements are adequate and feasible. The Town hereby grants to the Company a non—exclusive Franchise, right and privilege to construct, erect, operate, modify and. maintain, in, upon, along, across, above, over and under the highways, streets, alleys, sidewalks, public ways and public places now laid out or dedicated and all extensions thereof, and additions thereto, in the Town, such poles, wires, cables, underground conduits, manholes and other television conductors and fixtures necessary for the maintenance and operation in the Town of a Cable Television System for the purposes of distributing television and radio signals, and other electronic impulses in order to furnish television and radio programs, and various communications and other electronic services to the public. The right so granted includes the right to use and occupy said streets, alleys, public ways and public places and all manner of easements for the purposes herein set forth. The right so granted also includes the right to install and maintain a parabolic antenna on the water tower owned by the
Section 4. Franchise Term. The Franchise granted the Company pursuant to this Ordinance shall terminate fifteen years from the date of this Ordinance subject to renewal for periods of reasonable duration on such terms and conditions as may be lawfully specified by the Board of Trustees of the Town of Millersburg. The Franchise shall also terminate in the event of non-compliance with any provision of this Franchise by the Company, which non-compliance continues for an unreasonable time after written demand for corrective action is received by the Company from the Town. The Company’s application for Franchise renewal shall be granted provided: (1) Company shows that its cable television (“CATV”) service during the preceding Franchise period has reflected a good—faith effort to serve the needs and interests of its service area, and (2) Company has not demonstrated a callous disregard of the law and all pertinent regulations.
Section 5. Payments to the Town The Company shall, during each year of operation under this Franchise, pay to the Town as a Franchise fee a sum equal to 3% of its recurring monthly billings to customers who are serviced by reason of this Franchise. The 3% fee shall not apply to non-recurring billings by the Company, such as installation fees and material charges to customers. The Company shall pay this fee to the Town semi-annually on or before each August 15 for the preceding January 1 through June 30 and each February 15 for the preceding July 1 through December 31, during the term of this Franchise.
Section 6. Records and Reports The Company shall keep full, true, accurate and current books of account, which books and records shall be made available for inspection and copying by a duly authorized Town official at all reasonable times.
Section 7. Liability and Indemnification. The Company, by its acceptance of this Franchise, expressly agrees that it will indemnify, hold harmless and defend the Town against any and all claims, demands and lawsuits against the Town arising out of the Company’s activities and business. The Town shall notify the Company’s representative within fifteen (15) days after the presentation of any claim or demand to the Town, either by suit or otherwise, made against the Town on account of any negligence or contract as aforesaid on the part of the Company. The Company further agrees as follows:
(a) Company shall carry Workmen’s Compensation insurance, with statutory limits, and Employer’s Liability insurance with limits of not less than One Hundred Thousand Dollars ($100,000), which shall cover all operations to be performed by Company as a result of this Franchise.
(b) Company shall carry Comprehensive General Liability and Comprehensive Automobile Liability insurance with bodily injury limits of not less than Five Hundred Thousand Dollars ($500,000) for any one person, and One Million Dollars ($1,000,000) per occurrence and property damage limits of not less than Five Hundred Thousand Dollars ($500,000). The Town shall be a named insured on such insurance policies.
(c) Company’s Workmen’s Compensation and Comprehensive General Liability insurance shall be written by an insurance company with a capital and/or surplus of not less than Three Million Dollars ($3,000,000), and Company agrees to furnish Town with certified copies of certificates of insurance of said policies, which shall provide that insurance shall not be cancelled unless ten (10) days prior written notice shall first be given to Town.
Section 8. System Construction, Maintenance and Procedures
(a) Upon grant of this Franchise to construct and maintain a community television system in the Town, the Company may enter into contracts with any public utility companies or any other owner or lessee of any poles located within or without the Town to whatever extent such contract or contracts may be expedient and of advantage to the Company for use of poles and conduits necessary for proper installation of the system. In the construction, installation and maintenance of its system, the Company will use materials and electronic devices, all of specialized and advanced design and type; in the operation of its system, the Company will employ personnel with training, skill and experience in electronics and communications. Neither material nor personnel of this sort would be available to the Company for its system in the event of a war or other similar national emergency.
(b) The Company’s system, poles, wires and appurtenances shall be located, erected and maintained so that none of its facilities shall endanger or interfere with the lives of persons, or interfere with any improvements the Town may deem proper to make, or unnecessarily hinder or obstruct the free use of the streets, alleys, bridges, easements or public property.
(c) All transmission and distribution structures, lines and equipment erected by the Company within the Town shall be so located as to cause minimum interference with the proper use of streets, alleys, and other public ways and places, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the said streets, alleys, or other public ways and places.
(d) In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the Company shall, at its own cost and expense, and in a manner approved by the Town, replace and restore all paving, sidewalk, driveway, or surface of any street or alley disturbed, in as good condition as before said work was commenced.
(e) In the event that at any time during the period of this Franchise the Town shall lawfully elect to alter or change the grade of any street, alley or other public way, the Company upon reasonable notice by the Town shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense.
(f) The Company shall not place poles or other fixtures where the same will interfere with any gas, electric or telephone fixture, water hydrant or main, and all such poles or other fixtures placed in any street shall be placed at the outer edge of the sidewalk and inside the curb line, and those placed in alleys shall be placed close to the line of the lot abutting on said alley, and then in such manner as not to interfere with the usual travel on said streets, alleys and public ways.
(g) The Company shall, on the request of any person lawfully moving a building, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the Company shall have the authority to require such payment in advance. The Company shall be given not less than forty—eight (‘ hours advance notice to arrange for such temporary wire changes.
(h) The Company shall have the authority to trim trees upon the overhanging streets, alleys, sidewalks and public places of the Town, so as to prevent the branches of such trees from coming into contact with the wires and cables of the Company, all trimming to be done at the expense of the Company.
(i) The Company shall provide, upon request and without charge, service to any municipal buildings owned and operated by the Town and to any public or parochial elementary or secondary school and college passed by the cable. This shall mean only an energized cable to such building. The cost of any internal wiring shall be borne by the institution.
(j) Unless extended by the Town, the Franchise hereby granted shall terminate unless the community television system hereby granted is operational within one year from the date of adoption of this Ordinance by the Town.
Section 9. Compliance with Standards. All facilities and equipment of Company shall be constructed and maintained in accordance with the requirements and specifications of the National Electrical Safety Code.
Section 10. Company Rules and Regulations The Company shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduit of its business as shall be reasonably necessary to enable the Company to exercise its right and perform its obligation under this Franchise, and to assure an uninterrupted service to each and all of its customers. Provided, however, that such rules, regulations, terms and conditions may not be in conflict with the provisions hereof or of any federal, state or local laws or regulations.
Section 11. Approval of Transfer. The Company shall not sell or transfer its system to another, nor transfer any rights under this Franchise to another without written approval by the Town, provided that such approval shall not be unreasonably withheld if the vendee, assignee or lessee has filed with the appropriate official of the Town an instrument duly executed, reciting the fact of such sale assignment or lease, accepting the terms of this Franchise and agreeing to perform all conditions thereof.
Section 12. Compliance with Federal Communication Commission (“FCC”) Rules and Regulations. The Company shall, at all times, comply with the rules and regulations governing CATV operations promulgated by the FCC, and with all pertinent federal, state and local laws and regulations. This shall include adherence by the Company to FCC rules regarding technical and engineering specifications involved in the construction of the CATV system and signal carriage therein.
Section 13. Separability. If any section, subsection, sentence, clause, phrase or portion of this Franchise is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.
Section 14. Franchises Repealed. All Franchises or parts thereof in conflict with the provisions of this Franchise are hereby repealed.
Section 15. This Ordinance shall take effect from the date it shall have been adopted by the Board of Trustees of the town of Millersburg, Indiana and shall become effective as otherwise provided by law.
This Ordinance was adopted by the Board of Trustees of the Town of Millersburg, Indiana, on the 5th day of July, 1988