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Home My Public Portal About2010-1963 - Television Ordinancelt. C: a. COMMUNITY TELEVISION ORDINANCE ORDINANCE NO AN ORDINANCE GRANTING TO MIAMI VALLEY BROADCASTING CORP.., AN OHIO CORPORATION, THE RIGHT TO ERECT, MAINTAIN.ANDOPERATEIN; UNDER,, OVER., ALONG, ACROSS AND UPON THE STREETS, LANES, AVENUES, SIDEWALKS, ALLEYS; BRIDGES, AND HIGHWAYS AND OTHER PUBLIC.. PLACES IN THE CITY OF. RICHMOND, INDIANA, AND SUBSEQUENT ADDITIONS: THERETO, - FOR THE PUR- POSE OF TRANSMISSION AND .DISTRIBUTION BY CABLE OF TELEVISION SIGNALS TO ENABLE SALE. OF THEIR. COMMUNITY TELEVISION ANTENNA -SERVICE TO. THE INHABITANTS .OF SAID CITY, AND. OTHER PURPOSES, FOR A PERIOD OF " TEN (10) YEARS, AND REGULATING THE. SAME, BE -.IT ORDAINED. BY THE -CITY COUNCIL, OF THE, CITY OF RICHMOND, IND IANA i SECTION 1. -_ In .conside.ration of the.faithful performance and observance of the -.conditions and reservations hereiriafter'specified, the right is hereby granted, to Miami Valley Broadcasting: Corg, ,- a corporation organized under the laws of the State of Ohio, its .successors or assigns, hereinafter referred to as "The Company!'", the right* to erect, maintain, and; operate televisiontransmis.s..ion and distribution facilities; and additions thereto, in, under; over, along, across', grid upon the streets;, lanes', avenues., sidewalks,, alleys, bridges and other public places in the -CITY OF' RICH-MOND and .subs,equent additions thereto, .for' the -purpose of transmission and distribution of.audio and visual impulses.and television - energy in acc.ordahce with the laws: and regulations of the United States of America, and the State of Indiana, :and the. ordinance's,'and regulations.. of the City of Richmond, for a -period of TEN.(10) 'years. (END OF PAGE.ONE. —COMMUNITY TELEVISION ORDINANCE CONTINUED TO PAGE TWO) T 7"T -7 J- 1-TI T i T/T 'c,,T 'T, t i'T" T T4. AF 3A . 2. T'L cl. T.� I �Tom.s 1,71, 7g T "j, ;a -J t- I 10 Cit..fG .E. ---:o 'a a f_-, - -V- 0 BY J_�� r3 r Z) :E-., x J j_3LL-i-i t_ ilJ - r a 0 S 1 'D f, aw n. _7 f, Jb f, 's 11 X., Ezsn zl.�.),'_, YC' S! C; -S "f '1," 1 :f 0. 0 J I I A _2F DZI.C"". -2- SECTION 2. Whe:rever us:ed7 in this ordinance, the word "television". shall mean a system for transmission of audio signals and/or visual images or::any other type of closed circuit transmission and/or signal transmission by means of electrical impulses'. - SECTION 3. There is hereby granted the further right, privilege, and authority to the Company to lease, rent, or in any other -manner obtain the use of towers., poles, lines, cables, and other. equipment, and facilities from any and all holders of public. licenses ,and/or franchise - within -the 'Corporation limits of the City of Richmond, including the General Telephone Company of Indiana, and Richmond Power & Light Company, and to use such towers-, poles, lines, cables..and other equipment and facilities., subject to all existing and future ordinances. and regulations of the City. The poles used for the CompanyTs. distribution system shall be those erected and maintained by the General Telephone Company of Indiana or the Richmond Power & Light.Company, when and where practic- able, providing mutually satisfactory rental agreeMi ents' can be entered into with said companies. SECTION 4. The Company shall. have the right to erect and maintain its; own poles at locations- as may be _necessary for the proper construction and maintenance of- the television distribution system, . with the approval of the proper City officials or agents. The-CompanyTs 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 the City' -may deem proper to make,. or to unnecessarily (END OF PAGE. TWO. . COMMUNITY TELEVISION ORDINANCE CONTINUED TO PAGE THREE) w :-2,4`-�," 3-1-11 1,13, ac), Mips wit pubnow-us-5 A -3 JPG C� vT MAGI r f,� ..,.�-sr -.3 2 -2� s' z ae D—, go GN4grk—(, C)7. iN;7 Q5 IIA22 01 )MMOCAP 0 1 1W TUjGQO1-rr- COMM" KIM' WILY0 ny'll py-jacs;1q, owtonq 01 TD-... -:-'-'-,�:�-.,. '_ P, s" 2, G ,TS 0 M uS-A G -,'G 1. 7 C.- 3- G , fT,jg C, not L s Uf Gr Y G 3' C, CTS IUCUPIOS' 2w3VGCj 10 Fly SMIQlA Ab'-." yvaG nucly Z1^1`NGX21 boyGal, puGe, conva Kai jy G 7. 9.Y- C, 7i, yT cu guglucupgpe !Lou: suh. sz, all y pG naG O-o. lu ME OPVP-' j,PGMG IT qVIGyn uL&5jU&q XVG jlljp�' .110DI 3' guq\O-,-. zjwt ;MS-MVIsay; Yang! r�utq2 COISA apall TXIGSYI s axalby 101 L F U 9 W T 2 OROq rb 0 n q -s- -3- 4 Y , hinder or obstruct the free use o the streets, alleys,. bridges, or other public property. Removal of poles or equipment to avoid such inter- ference will be at the Companyis expense. Construction and maintenance of the. transmission -distribution system shall be. in accordance with the provisions of the National Electrical Safety Code of the National Board of Fire Underwriters, and such applicable ordinances and- regulations. of the City of Richmond, affecting electrical installations, which may be presently in effect, or changed by future ordinances. All installations of equipment shall be of permanent nature, durable, and installed in accordance with good engineering practice, and of_ sufficient height to comply with all existing City regulations, ordinances, 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 during the construction, repair, or removal thereof and shall not obstruct or, impede traffic. SECTION 5: In the maintenances and, operations 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 publicplaces made. by the Company in. the course of its operations' shall be guarded and protected at all times by the placement of adequate barriers, fences or boardings, thebounds of which, during periods of dusk and darkness., shall be (END OF PAGE THREE. COMMUNITY TELEVISION ORDINANCE CONTINUEDTO PAGE FOUR) .10 no agEhIld 11SITZ SMIAU all A ae" sent son Ansyledo 10 1 f:_auc C.-J" me mfoq W UvohmAt yisgoaq �j.ia Ic', _;,,Cz Sol 10 anolalvmq SO lots, Orya & b7zoa 5--1:; - DE 1SOMI1DSM: lwohshi. OISNA Of b5ansAt 10 000 WIN ,5303ZIq 8WISSAErs loop AA W 5vnsbxC32-,s azollsingsy YIND yhyelm Us AM YIqlam OA y"nisd HIPABIve # Sm SIT A jog y; 4%61 A Owns ad, ON SWEI12 m- act 70 UAqW- nolsojumma Ott QW01 10 c"aj-1 ;31"IS ��'E ci 0 , "Q1 MAN P 1117515 Ovelaw-Z 'i I'D ilk join ed! Mum Od. uz qa bbsmsq =1100.3 q g no mi pill.--emsw -4- -clearly designated by red warning lights® SECTION-6. That it i=s the stated intention of the City of.. Richmond that all other:.holders of public licenses and franchises within' -the. c orpo rate., limits of the City shall. cooperate- with. the company .. to allow- the Companyrs: 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 maybe minimized. Such cooperation shall includethe rights .of -joint, usage at reasonable rates and -on .reasonable' terra:. SEC-TION. 7. - The. Company �shal'l` g' rant to the City, f ree of expens;e, 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 lase and enjoyment of the CompanyTs own wires. and fixtures, arid .'the:City shall, hold the Company•harmless" from , any and all actions, . -caus'es of action, or damage caused by the placing of the Cityts".wires, orappurtenances upon the poles of the Company: Proper -regard shall be. given to .all existing.. safety rules.- governing ,con- .. s.truction and maintenance in effect at the time. of construction:' SECTION. S. The Company shall indemnify; protect "and save harmless.. the 'City from grid ,against lo-s"s_es and physical "damages 'to property, and bodily injury or death to persons, including payments. . made under Workmenis Compensation :Law, 'which. may arise out of or be caused by the e.rection,. maintenance, presence, use or r6moval'of (END .OF PAGE FOUR.' -COMMUNITY TELEVISION ORDINANCE.. CONTINUED -TO PAGE FIVP . T A 3-',,�) T, Lz f) T,i T, EAl J T '3?,Y �3 A-1 :J, G L C '4:13yel- u Cj n 3 I-f k7' D C-,: r7 T Iii: G 2 —TTV T— G .Sf -7T 2TT-, - —T X T P"' -1 T -UT'T9 - - j.�-, '. E, C. .i1 r. 2 AV,.2 a Sp, T "' c's- 72 G 2 T. cj: C!:r "T .3 s :j SrI7; F y 2 sr:yrj T. G ZR S-u 7S,Is T T G':DZL-Gc X-;.:-",, 7 2. G ly. —�y T. G,:; I T,, C Zil- C. 2.-- c-�f c c -c- n g t"--, 7. : jk) :",T-G !3 Tf. T, TC7.,): :t- T.0 qr-.T-. T2G L gaT` F T K, cT3 2 T,-' rl' T-' �yc jyr' J- 1j, �Ysl f rti T.sr�e") s I, `r C.Tj. .7. T 7 T 'i C T f T Z, G, T I , K C, T 7 T (�T G P G T 1 F i G 2 'R �JJS-' U 7 T G A G 0 n T 0 (,1 ae1T.z'n d.NG T. CI.T na i-, G G -7, 1 j '(j n �C) T G T 1. DC-T'-72 1- T3 G ,A,�,T —T• 7.1 —T T 'UG Cl DTJ T3 C)7 'T. KP,7:-i 1'1-.r-, C)T T ff .T. ACT It .?Tr:,. I r. -5 said attachments on poleswithin the City, or by any act of the Company, its agents. or employees. The Company shall carry insurance, to- pro- test the parties hereto from and against all -claims, demands, actions, judgments, costs, expens-es,.and.liabilities, whichmayarise:or result, directly or indirectly, from or by -reason of such -loss., injury or damage. The amounts- of such insurance. against liability due -.,to physical damages to property shall not be .less than Twenty-five Thousand and no/100 ($25, 000. 00) Dollars as to any one accident andnot les.s-than' Two Hundred Thousand and no/ 100 ($200, 000. 00) Dollars aggregate in, any single policy year; and against liability due to bodily injury or to death of persons not less than One. Hundred Thousand and no/100 ($100, 000.00) Dollars as to any one person and no less than Two Hundred Thousand and no/100. ($200, 000. 00) Dollars as to any one accident. The Company shall also carry such insurance as it deems necessary to pr.otect it from all claims. under the Workmenis Compensation Laws. in effect that may 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 .Ordinance. - Said . policy or policies .of insurance or a certified copy or copies thereof shall be approved by the. City.5olicitor of said -City and be deposited 'with. E( and kept on file in the office of the City Auditor. SECTION 9. At the time. this franchise becomes effective, the company shall furnish a bond to the City in the amount of Ten Thousand and no/ 100 ($10, 000. 00) Dollars, in such from and with such sureties as shall be acceptable to the City, guaranteeing the (END OF PAGE FIVE. COMMUNITY TELEVISION ORDINANCE CONTINUED TO PAGE ,SIX) g I c G -f-T - C' 2, 2. ! 7 g az- .-3 'Y.' 7, QW COMMIT! 21011 j.U!Tq2p 0 PAUq fO 07, toy ;TIG ju ;PG -Tf 707 SYFE- PG UAITIOAOr,. hC11CA OL bOlICTC2 01 :3 wmmp TInvq! 101co mm�. Oaoco jol go ;YG (1wobaryl. in! Q !-)(3 i. suggi WILT! GACY IUMULIMG 9P 1:.� a."T I r�,- "', I r', Asum: Fug 170smaq suly Ua\ TOQ (Sso;' coo' WSR, uc,.4- pG IMS YFUU Q toe ORGUra cn. t!VKTTh9M]k 2PS11 C9MV s (7 Y 7 Za 7 Enloe nqcyp ys ciph, Om ph qUA. -6- faithful performance of all of the- 'obligations.: of the Company. under the - terms of this franchise. However, the Companyl•s performance of its obligations under this franchisee shall be :conditioned upon the Company receiving such.license. and/or grants as may be necessary to the performance of this Ordinance,' from duly constituted agencies of the federal government or the state of Indiana, which licenses and/or. grants the Company agrees to apply for immediately upon its acceptance of this Ordinance. SECTION 10. Installa.tion shall be maintained so as not to distort or interfere wrath direct -off -the air television- signals. SECTION 11. RATES When this Franchise takes effect the Company shall have -authority to charge and collect the following s:chedule-of rates, unless and until same shall be. increased -upon proper application to Council and upon. proof of justification of requested iricrease or increases. All fees and charges are exclusive of any tax . or taxes whats-oever assessed or, assessable against the scheduled in- stallations. and/or services. The scheduled attachment fees shall include that material and labor necessary to make a normal -type connection from Companyls lines to the 's.ubscriberis receiver, Charges for other than normal type connections, such as but not limited to special and concealed outlets and buried lines, shall be such as agreed to by the prospective subscribers and the Company. (END -OF PAGE SIX. COMMUNITY TELEVISION ORDINANCE CONTINUED TO PAGE, SEVEN) pnqcjs SUq j-ZjGq YTUG2' 2PUll 13S SHCP aa u a 4-Y c: .7 -,-2 'u. ur -L7 T T3 S- T,-. 2 T3 7; �3 2 0 G P 2- -z" 1 C A'7 -,Cj -s- Z, 'P 2 T�- T 0 --J 2 2" 0 X R v Z W C G 2 c c C:".. 1-4 Q, T--, -U0 m 0 E s w, 13 fnUGO! UUq ;Moll SaLUY aFajppS IUC ZGEO-w-U-1 nph&s hmobal STSPOUIT-su gC> jr Fig waylact ps 10... Ca4us acpOcyls 01 magm, WARM Y' -,,: '30 s.2 RLUUP2 ;IJ53 Fsmm to Gqslj-r RoAsnuruou" 01 qIG equy a 1 1 u q T,� u Cff f3 r T'a c yip "nomy mminjud eacyrijCGUSt FUQ .01 MEnja aa wal ps pecs2agiX go ips SU70" u f�- - lye ko, -7- Charge for initial attachment for single outlet shall. be at the rate of $35. 00 each. Charge for -extensions: from initial attachment shall. be -at -the rate of $5. 00 each.. Extensions shall be limited to the commercial structure and/or.dwelling residence -unit to be serviced. by the . initial attachment. Charge for transmission to single set receiv ing signals from, initial attachment shallbe at the rate of $5. 00 permonth.. Charge for transmission to each set receiving signals on extension .or extensions from initial attachment shall be at the rate of $1.'00 per set per, month. The Company Shall -have the right to make all rules; and regulations governing its services, providing same are uniform and not inconsistent with the terms hereof. SECTION 12. All service .to the Richmond Public Schools shall be excluded from the above charges' and rates. in that all signals carried by. the Company's system shall be, furnished and delivered to a designated point outside the school building but on the property or grounds of any public s-chool within the city of Richmond, Indiana, with- out charge. All attachment to -and distribution of signals with- in any school building or buildings shall be done by or. at the expense of. the school. SECTION 13. - Company shall pay. such fees as may be reasonably assessed -or charged by the city of Richmond -in connection. with any of the approvals or inspections required by the terms of this Ordinance. (END OF PAGE SEVEN. COMMUNITY TELEVISION ORDINANCE CONTINUED TO PAGE 8) c soyown ;DT, i-D T I V,,,AC" -%C cL junbscaom 11 z. �3 cr -e c 0,-, CUI:i-',Cqr aacp 1:3 G,-- —�e Luxacmpy". 1 -10TV. 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