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HomeMy Public PortalAbout12-30-1965 3 Charge of the Fire Department shall have the power to assign any.or all members of said Fire Department to continuous duty during said emergency. If this schedule is adopted by the Board of Works, I would recommend the - date be set, January 5th, 1966, as the commencing date for this schedule. Respectfully, /s/ Ernest Fredricks, Chief Richmond Fire Department City of Richmond, Indiana Mr. Kemper moved that the Board concur in the recommendation of the Fire Chief set out in his letter of December 23, 1965 and that effective January 5, 1966, the schedule of working hours. for firemen in the City of Richmond be as set out in this letter from the Chief of the Fire Department. Mr. Gehr seconded the motion and on voice vote was unanimously carried. Mr. Kemper, City Attorney, presented a contract for fire protection between the City of Richmond and the Town of Spring Grove. The rate of payment set out in this contract for such fire protection is the same rate as paid by the tax payers of the City of Richmond. Mr. Kemper moved that the contract be approved and same be executed by the Board of Public Works and Safety. Mr. Gehr seconded the motion and on voice vote was unanimously carried. Mr. Kemper presented a form of Franchise Agreement for granting a non-exclu • - eive franchise or franchises for the operation: of a Community Antenna Television system (commonly known as CATV), within the City of Richmond, effective upon approval thereof by the Common Council of the City of Richmond, In i iana. This Iii agreement was discussed by the_ Board and Mr. Kemper then moved that this form of Franchise Agreement be adopted by the Board and made a part of the minutes of this meeting by attaching a copy thereof to the minutes. This motion was seconded by Mr. Gehr and on voice vote unanimously carried. Mr. Kemper then moved that copies of this agreement be prepared and place on file in the Office of the Clerk and that any agreement for the granting of a non-exclusive CATV franchise or franchises by the City be upon the terms set forth in this form of agreement. Mr. Gehr seconded this motion and on voice vote this motion was un- animously carried. Mr. Kemper then moved that the Clerk cause an advertisement to be published in the Richmond Palladium-Item notifying the public of the fact that the Board of Public Works and Safety will receive and consider granting a non-exclusive franchise or franchises for the operation of a CATV system in the City of Richmond, . by any interested applicant subject to the approval of any such franchise or franchises by the Common Council of the City of Richmond, Indiana. This motion was seconded by Mr. Gehr and on voice vote was unanimously carried. There being no further business presented, on motion duly made, seconded and carried the meeting adjourned. ------,z-/ r, v,46 „4,„.., enry M. J,a ieson, President • Attest: ( Ater J. Reeg,-- er BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF RICHMOND, INDIANA, December 3e, 1965 The Board of Public Works and. Safety of the City of Richmond, Indiana met in regular session in the City Hall in said City, Thursday, December 30, 1965 at the hour of 9:00 o'clock a.m. (est). Mr. Jameson presiding with the following members being present: Mr. Gehr and Mr. Kemper. The following business was had to-wit: The Clerk read the minutes of the previous meeting. Mr. Kemper moved the following corrections be made. The paragraph where the Board concurred in the recommendation of the Fire Chief Ili of the working schedule for the firemen should be seconded by Mr. Gehr and on voice vote was unanimously carried. The paragraph where Mr. Kemper moved the Clerk cause an advirrtisement to be published in the Richmond Palladium-Item regarding QATV should have the motion second- - ed by Mr. Gehr and on voice vote was unanimously carried. The Clerk noted these corrections. Mr. Kemper moved the minutes be approved as corrected, seconded by Mr. Gehr and on voice vote was unamiously carried. Mr. Gehr moved the claims be allowed and paid, seconded by Mr. Kemper and on voice vote was unanimously carried. Mr. Jameson stated that the chair would receive nominations from the floor for President and President Pro-tem for the year 1966. Mr. Kemper moved Mr. Jameson be nominated for President, seconded by Mr. Gehr. Mr. Gehr moved the nomination be closed., seconded by Mr. Kemper and on voice voice vote was carried. Mr. Jameson was elected President for year 1966. Mr. Gehr moved Mr. Kemper be nominated for President Pro-tem, seconded by Mr. Jameson. Mr. Gehr moved the nomination be closed, seconded by Mr. Jameson and on voice vote was carried. Mr. Kemper was elected President Pro-tem for year 1965. Mr. Kemper moved Mr. Jameson be selected to represent the Board of Works on the City Plan Commission, seconded by Mr. Gehr and on voice vote was carried. Dr. Warrick, City-County Health Officer, by letter requested that a new 1966 car as per specifications be purchased for the Health Department. There is a trade in on a 1959 Studebaker Lark to be considered. Mr. Kemper moved the Board approve the specifications for a new car for the Health Department and further the Clerk prepare the advertising to receive bids January 13, 1966 at the hour of 10:00 a.m. The Clerk presented proof of publication of notice printed in the Richmond Palladiim Item, a newspaper of general circulation on the dates of December 17 - 24, 1965 that sealed proposals would be received on the date of December 30, 1965 for the construction 111 of a storm sewer from NW 17th and "B" Streets, east to Clear Creek, according to specif- ications on file. Mr. Kemper examined the proof of publication and found the same to be in order and correct and moved they be accepted and filed. Mr. Gehr seconded this motion and on voice vote was unanimously carried. December 30, 1965 at the hour of 10:00 a.m. (est) being the date and time to open and read aloud the proposals received. The following proposals were opened and read aloud: Mike Delucio and Son $2i,169.20 DeBolt Concf®te Co. $24,368.50 City Engineers Estimate $25,724.00 Mr. Gehr examined the bids and recommended the bid of Mike DeLucio and Son be accepted. Mr. Kemper moved the Board concur in the recommendation of Mr. Gehr, and further the City Engineer prepare the contract to be signed. Mr. Jameson seconded this motion and on voice vote was carried. Mr. Gehr moved that the sum of 5$21,169.20 that is in the 1965 Cumulative Storm Sewer Account be carried over into the year 1966, seconded by Mr. Kemper and on voice vote was unanimously carried. The Clerk presented proof of publication of notice printed in the Richmond Palladium® Item, a newspaper of general circulation, on the dates of December 17 - 24, 1965 that sealed proposals would be received on the date of December 30, 1965 for furnishing`s, new 1966 car for use by Bureau of Buildings. Mr. Kemper examined the proof of publication id fuhd the same to be correct and in order and moved they be received, and filed. Mr. Gehr seconded this motion and on voice vote was unanimously carried. December 30, 1965 at the hour of 10:00 o'clock a.m. (est) being the date and time to open and read aloud the proposals received. The following companies submitted proposals& Fred First, Ind., Kurdys Chevrolet and Raper Plymouth, Inc. All bids were referred to the Building Commissioner and Mr. Jameson for tabulation and recommendation on motion made by Mr. Kemper, seconded by Mr. Gehr and on voice vote was unanimously carried. Mr. Kemper moved the sum of $624.00 in the Board of Works Account J-5 Telephone be carried over into the year 1966 for the purpose of defraying the expense. of the Fire Deoartment Conference Telephone which has been contracted for. Mr. Gehr seconded this motion and on voice vote was unanimously carried. Mr. Kemper moved the sum of $1,133.00 in the Board of Works Account J-12, Tree Removal be carried over into 1966 for work which is new contracted for. This motion was seconded by Mr. Gehr and on voice vote was unanimously carried. Mr. Kemper moved the sum of $48,754.50, the bid price submitted by Peter Prisch Company for furnishing a new aerial truck for the Fire Department, be carried over into 1966. Mr. Gehr seconded this motion and on voice vote was unanimously carried. Mr. Kemper moved the sum of $3,000.00 in City Plan Commission Account CP-11, Master Planner which is under contract to Segoe and Associates, be carried over into year 1966, seconded by Mr. Gehr and on voice vote was unanimously carried. City Controller, Mr. Jameson, requested that a resolution be prepared for Council's consideration to transfer the sum of $1,000.00 from unappropriated funds in the Parking Lot Fund to Electric Current for three (3) City Parking Lots. Mr. Kemper moved that a resolution be prepared to transfer $1,000.00 from unappropi- ated-.funds in the Parking Lot Fund to Electric Current for three (3) City Parking Lots. Mr. Gehr seconded this motion and on voice vote was unanimously carried. The Board authorized the City Attorney to prepare the proper legal documents to present to Council to carry the 1965 Parking Meter Fund and Parking Lot Fund over into the year 1966. The Cutter Agencies presented an Option to purchase the old Fire Station building located at South 9th and "E" Streets for the sum of n8,500.00. The board took this under advisement. There being no further business presented, en motion duly made, seconded and carried the meeting adjourned. ic/fr_L Henry C'i• Ja" eson, President Attest: Ather . Reeg, C er FRANCHISE AGREEMENT THIS AGREEMENT, made and entered into on the date last stated herein by and between the CITY OF RICHMOND, INDIANA, by and through its Board of Public Works and Safety, here- inafter called "CITY", and a corporation created and existing under and by virtue of the laws of the State of with its principal office in hereinafter c ailed "COMPANY", WIT 'NE S SE TH: WHEREAS, COMPANY proposes to construct, maintain and operate a system of audio and television transmission and distribution facilities, and additions thereto, in, under, over, along, across and upon the nubiic highways, streets, alleys, sidewalks, ways and other public places within the corporate limits of the City of Richmond, Indiana and subsequent additions thereto, for the purpose of the transmission and distribution-of television and FM radio impulses and signals and television energy in accordance with the laws and regulations of the United States of America and the State of Indiana and the ordinances and regulations 6f the City of Richmond, Indiana; and, WHEREAS, the parties agree that such a system, commonly known as a Community Antenna Television System, and for the sake of brevity herein sometimes referred to as . CATV, would be of material benefit to the citizens of said CITY. NOW THEREFORE, in consideration of the premises and the mutual terms, covenants and conditions hereinafter contained and in further consideration of thepayment by the COMPANY to the City of Richmond, Indiana, of the sum of Ten (10.00) Dollars, it is expressly stipulated and mutually agreed by and between the parties hereto, their successors and assigns, as follows: . 1. COMPANY is hereby granted the non-exclusive right, privilege and authority to construct, maintain and operate a system of audio and television transmission and distribution facilities,,_and additions thereto, in, under, over, along, across and upon the _public highways, streets, alleys, sidewalks, ways and other public places, within the c oroorate limits of the City of Richmond, Indiana and subsequent additions thereto, for the purpose of the transmission and distribution of television and FM 11',. radio impulses and signals and television energy in accordance with. the laws and reel; lations of the United States of America and the State of Indiana and the ordinances and regulations of the City of Richmond, Indiana, for a period of twenty-five (25) years, from the effective date of this franchise. 2. COMPANY is hereby further granted -the non-exclusive right, privilege and authority to lease, rent or in other -manner obtain the use of towers, poles, lines and cables and other equipment and facilities from any and all holders of public licenses and franchises within the corporate limits of the CITY, including but not limited to General Telephone Comoany of Indiana, Inc. and Richmond Power and Light and to use such towers, poles, lines and cables and other equipment subject to all existing and future ordinances and regulations of CITY. The poles used for COMPANY'S distribution system shall be those erected and maintained by General Telephone Company of Indiana, Inc. and Richmond Power and Light, when and where practicable, providing mutually satisfactory rental agreements can be entered into with said companies. • 3. 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 systemy with the approval of locating poles by Board of Public Works & Safety of CITY. 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 existing or new improvements the CITY may deem proper to make or to unnecessarily hinder or obstruct free use of the streets, alleys, bridges, or other public property. Any removal of said poles necessary to avoid such interference will be made at the CITY'S request and at COMPANY'S expense. The construction and . IIImaintenance of the transmission distribution system shall be in accordance with the provisions of the National Electrical 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 and the State of Indiana affect- ing electrical installations which may presently be in effect or hereafter in effect. All installations shall be of a permanent nature, and shall be durable and installed in accordance with good engineering practice, and shall be of a height to comply with all ' of the existing city regulations, ordinances and state laws so as not to interfere in any manner with the right of public or individual property owners and shall not inter- fere with the travel and use of public places by the public and during the construction, repair, or removal thereof shall not unnecessarily obstruct or impede traffic. Under= ground cable or conduit shall be placed by the COMPANY through one of the aforesaid utilities' existing conduit or conduits wherever underground conduits have now been installed or which such utilities might have the right to install and in accordance with existing ordinances and regulations of the CITY, and the State of Indiana. 4. In the maintenance and operation of its television transmission and distri- bution system in the streets, alleys or 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. No opening or obstruction in the streets, highways, alleys or other public ways shall be made by the COMPANY in the course of its operation hereunder, except with the approval of the CITY and on the conditions specified by the CITY. All such openings and .obstructions shall be properly guarded and protected at all times by the placement of adequate barriers, fences or boardings, the bounds of which during periods of dusk and darkness shall be clearly designated by red warning lights. In the event COMPANY'S distribution system should conflict with any existing easement, COMPANY shall modify and move its distri- bution system at its own expense to avoid such conflict. 'All excavations or openings made by the COMPANY in or .along any street, alley or other gpublic place shall. be repaired to the condition in which they previously existed, by the COMPANY. 5. It is the stated intention of CITY that all other holders of public licenses and franchises within the corporate limits of CITY shall cooperate with COMPANY to allow 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 a number of new or additional poles constructed.by COMPANY within CITY may be minimized. Such cooperation shall include the rights of joint usage at reasonable rates and on reasonable terms. 6. 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 *�iithout 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 damages 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 construction. 7. 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 Workman's Compensation Law, which may arise out of or be caused by the erection, maintenance, presence, use or removal of said attach- ments on poles within the CITY, or by any act of the COMPANY, its agents or employees. The COMPANY shall carry insurance to protect the parties hereto from and against all claims, edmands, 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 insurance against liability due to physical damages to property shall not be less than Fifty Thousand ($50,000.00) Dollars as t oany one accident and not less than Two Hundred Thousand Dollars W00,000.00) aggregate in any single policy year: and against liability due to bodily injury or to death of persons not less than Two Hundred Thousand ($200,00.0.00) as to any one person and no less than Five Hundred Thousand Dollars (•5500,000.00) 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 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 agreement. Said policy or policies of insurance or a certified copy or copies thereof shall be approved by the CITY and then deposited with and kept on file by the Clerk. 8. Nothing herein cclntained shall in any way be construed to change, alter or limit the height of any private television. antenna or tower now or hereafter erected appurtenant to,residential television reception equipment, and all operations and installations of the COMPANY pursuant hereto shall be conducted and effected in such manner and form as not to interfere with normal television reception. Neither shall anything herein be construed to preclude any person from utilizing his own equipment for television reception. The COMPANY agrees that neither it nor its employees or agents shall sell, lease, or ,service television sets or antennas. Any service to be performed by the COMPANY shall be restricted to the COMPANY'S equipment. The COMPANY further agrees that it shall at all times hereinafter cooperate with all local independent television antenna sales and service operators. The COMPANY further agrees to refrain from stocking, selling, merchandising or otherwise handling or dispensing of component parts of television receivers, or other equipment or supplies appurtenant thereto. The COMPANY further agrees to indemnify, protect and hold harmless the CITY from all claims, suits and demands, arising out of the transmission of television or FM signals including copyright action. 9. The COMPANY shall establish and at all times maintain reasonable standards of service and performance to its customers as are consistent with generally accepted practices and standards in the trade of community television antenna systems. The COMPANY expressly agrees as follows: (a) The COMPANY shall install a completely modern high band CATV system capable of providing for its customers eleven (11) channels of tele- vision reception and at least eight (8) FTC channels. A twelfth channel shall also be installed and made available for closed circuit music and weather, subject to customer demand and Federal Communications Commission approval. (b) Ib reqyestm the COMPANY shall furnish without charge the instal- . lation and service to any public school building including parochial school buildings, or to any other public building owned by the CITY which building may be located within the corporate limits of the City of Richmond, Indiana. (c) The COMPANY shall maintain all parts of its cable and dis- tribution system at no charge to the customers and subscribers 11/ other than the installation and regular monthly service charge ,and those applicable city, county, state and federal taxes required to be passed on to the customer. , (d) The following schedule of rates and charges shall be the initial maximum rates and charges made by the COMPANY to its customers or subscribers 'und.er this agreement: INSTALLATION MONTHLY TYPE OF SERVICE CHARGE SERVICE CHARGE • 1. RESIDENTIAL (Single Family) First connection- $ 18.95 $ 4.85 • Additional TV's each 5.00 1.25 Alternate Location 5.00 No charge Relocation of Outlets 5.00 Reconnect • 18.95 Transfer to New Address 10.00 2. . RESIDENTIAL (Multiple Family) • First Connection 18.95 4.85 • Additional Connections • 10.00 1.25 (NOTE: Apartment rates apply only when purchased for the entire building by the owner. One monthly billing will be made. The number of apartments is determined by the number of kitchens. When service is applied for by tenant, single residential rates prevail.) • 3. COMERCIAL .PATRONS Charges shall be negotiated betweeen ccommercial patrons and the COMPANY and will .be non-discriminatory as between classes of commercial patrons. (3) If rates and charges are increased by the COMPANY., a written schedule,.of the new rates and charges shall be filed with the CITY sixty (60) days prior to any such change and shall be contingent upon the CITY'S approval. • 10. . The COMPANY shall commence construction pursuant hereto within One hundred. eighty (180) days after approval of this agreement by ordinance enacted by the Common Council of the City of Richmond, Indiana, and the COMPANY shall commence service pursuant hereto within twenty-four (24) months after approval of this agreement by ordinance enacted by the Common Council of the City of Richmond, Indiana. 11. Unless prohibited by regulatory authority, COMPANY agrees to • carry the signal of every licensed commercial television broadcaster transmitting from the local Richmond Area at no cost to such broadcaster, and in so doing will observe and apply the same standards of quality regarding the transmission and distribution of TVand FM signals and impulses as are applied to all stations included in the system. COMPANY further agrees that it will transmit no program over its cable system simultaneously with a like program being broadcast by any local Richmond. Area television station and will not duplicate a transmission of any local Richmond Area television station for a period of fifteen .(15) days before or a period of fifteen (15) days after such transmission by any local Richmond Area television station. COMPANY further agrees that it will operage only as a transmission and distribution system, and that it will not originate any programs of its own make up, save and except for time, weather and printed news broadcasts. 12. The'COMPANY shall, at its own expense, at all times maintain and rurnish telephone answering service and system maintenance service to patrons daily from 7:00 A.M. until 10:00 P.M. 13. The COMPANY agrees to install signal distribution facilities subject to satisfactory pole clearance and pole rental arrangements to all areas of the CITY with a population density of fifty (50) homes per mile of system ormre, or with the same ratio applicable to fractional miles. 14. The failure on the part of the COMPANY to perform any covenant herein contained on or before sixty (60) days after service upon it by registered mail of notice of default, shall entitle CITY, at its option, via written Resolution of its Board of Public Works and Safety, to declare tis instrument null and void, whereupon it shall be the duty of the COMPANY, at its sole -expense, to remove its property from the streets and other public ways of the City of Richmond, Indiana, but on failure promptly to perform said duty the CITY reserves the right to - effect such removal whereupon the CITY shall acquire a specific lien against all property of the COMPANY equal to its cost and expenses thus incurred. - Ill 15. It is expressly agreed the provisions hereof are severable and that in the event of the adjudicated invalidity of any provision, such shall have no effect on the validity of any other provision. 16. This agreement shall bind and inure to the benefit of the respective successors, trustees, receivers and permitted assigns of the parties, but shall not be assignable by the COMPANY except with the consent of the Board of Public Works and Safety of CITY, which consent shall not be unreasonable withheld; pro- vided, however, that nothing contained in this paragraph of this agreement shall be construed to prevent the -pledge or assignment of this agreement for financing purposes. 17. This agreement shall not become effective until approved by the Common Council of the City of Richmond, Indiana. IN WITNESS WHEREOF, the parties hereto have hereunto caused this Franchise Agreement to be executed by their respective officers and representatives this day of , 1966. CITY OF RICHMOND, INDIANA Attest: • The duly constituted Board of Public Works and Safety of the City of Richmond, Indiana ”CITY" BY e ,4 4 (X6`4r ' / President Attest: Secretary