HomeMy Public PortalAbout055-1983 - Allowing Color Weather Radar SignalCITY OP' RICHMOND, INDIANA
COMMON COUNCIL
ORDTNANC.S NO. 55 , 1983
An Ordinance Providing For Color Weather Radar
Signal Service To Be Rendered By The Municipal
Electric Utility Of. The City Of Richmond, Rich-
mond Power & Light And Matters Related Thereto.
WHEREAS, the City of Richmond is the owner of and engaged in
operating an electric utility system supplying the City and the in-
habitants thereof with electricity for public, domestic and industrial
uses under the style of Richmond Power & Light (R P & L); and,
WHEREAS, R P & L is operated by the Common Council_ of the City
of uic_hmond piirsuant to the provisions of IC 8--1.5-3 which act provides
for the management of R P & L by the Common Council; and
WHEREAS, pursuant to the Home Rule provisions of the Local
Government Codification being IC 36-1-3, the City of Richmond has the
power and authority to adopt ordinances for the operation of local
affairs promoting the public health, welfare and benefit; and
WHEREAS, this Council hereby determines that it is in the
p,iL.lic interest.- and will benefit the public health and welfare of the
citizens of the City of Richmond for R P & L to provide color weather
radar signal service to members of the public utilizing the facilities
of the locally franchised cable tv service being Clearview Cable TV,
Inc.; and
WHEREAS, Council deems it appropriate and in the public in-
terest to grant the General Manager of R P & L authority to carry out
the purposes stated in this ordinance includirug utilizing employees,
funds and facilities of R P & L as may he required therefore; and
NOW, THEREFORE, BE IT ORDAINED BY Tim, COMMON c:.OUNCIL OF THE
CITY OF RICHMOND AS FOLLOWS:
Section 1. That the Council hereby authorizes R P & L to
provide color weather radar service, to members of the public located
in the service area of R P & L or Clearview Cable TV, Inc, utilizing
its employees, funds and facilities and the facilities of Clearview
Cable TV, Inc.
Section 2. That the General Manager of R P & i_, is hereby
a.zthorized to enter into an acareemenL with Clearview Can1e TV, Inc.
as may be required to carry out the purposes and provisions of this
ordinance.
Section 3. The General Manager or his designated employees
are hereby authorized to enter into agreements to provide color weather
radar signal service to members of the public under such terms and con-
ditions as he deems appropriate with the charge for said service to
members of the public to be reasonably related to the cost of said
service.
Section 4. That the General Manager of R P & L, its employees
and agents are hereby granted such authority as may be required to
carry out the purposes and provisions of this ordinance including the
execution of all necessary documents and contracts.
Section 5. This ordinance shall be in full force and effect
from and after its passage and execution.
Passed and adopted by the Common Council of the City of Rich-
mond, Indiana, this 17,11 day of _r2 1983.
President, Common Council
ATTEST:
City Clerk
Presented by me, the undersigned City Clerk of the Citv of
Richmond, to the. Mayor of said City for his approval on then,/ day
of rf� 1983, at o'clock ICI M.
City CltOrk
Having examined the foregoing ordinance, I do now, as Mayor
of the City of Richmond, approve said ordinance and return the same
(I Ln�-
to the City Clerk of the City of Richmond, this ()_"�da _ y of
1983.
Ma Cif of Richmond
ATTEST:
City Vlerk -2 -
COLOR WE,ATE "? RADAR AGREEMENT
THIS AGREEMENT, entered into botween the City of Richmond,
Indiana, d/b/a Richmond Power & Light (R P & L), its successors and
assigns and Clearview Cable TV, Inc. (Clearview), for and in censid-
erati.on of the following and pursuant to the following provisions:
1. NATURE OP THE AGREEMENT. R P & L and Clearview hereby
enter into a joint community service project to provide color weather
radar signal service within their service areas. The purpose of the
agreement is to provide such service to the general public as a com-
munity project. Clearview agrees to transmit througho�_it its system
a color radar signal to be supplied by R P & T..
2. R_P & L COVENANTS. R P & L agrees to supply Clearview
with a color video signal and audio. The video signal will be the
video output of R P & L's color weather radar converter and will be
supplied to Clearview at no cost. R P & L will purchase decoders
from Clearview at the initial cost of $9.00 and thereafter at
Clearview's cost. R P & L will distribute the decoders to customers
with whom R P & L will contract and from whom R P & L will collect
a charge for the service. R P & L will pay Clearview for the decoders
monthly upon submission of an invoice. All decoders paid for shall
become the sole property of R P & L. R P & L will perform all the
requirements of this agreement in good faith and utilize good engin-
eering practices as required.
3. CLEARVIEW COVENANTS. Clearview agrees to modulate the
video and audio signals received from R P & L and distribute them
throughout their system as a scrambled mid. -band signal at no charge
to R P & L nor any of the customers who are to receive such service.
It is understood by Clearview that R P & L will charge the customers
for such service. Clearview will supply R P & L decoders for the
above scrambled signal at an initial cost of $ 9•00 a.nd thereafter
at its cost. Clearview will supply R P & L customers for the color
weather radar signal service with converters at cost or make said
converters available to the customers through other lawf,il suppliers.
Clearview agrees to exchange defec-tive decoders with working decoders
as may be required. Clearview agrees to perform the covenants of
this contract in good faith and apply good engineering practices in
all instances where same is required.
4. CONSIDERATION. The consideration between the parties con-
sists of the covenants herein set out. It is understood that each
party to this agreement will be required to make expenditures of funds
in order to accomplish the rendering of color weather radar signal ser-
vice to members of the public in the respective service areas of R P
& L and Clearview.
5. INTERRUPTION OF SERVICE. Neither party hereto will be
liable for any damages or losses resulting from an interruption in
the service to be furnished to the customers of R P & L. Each party
will undertake to use reasonable care and diligence to avoid inter-
ruptions in the service that is to be furnished hereunder. Neither
party guarantees that interruptions will not occur. The parties
hereto do not guarantee or assume any liability for the nature or
quality of the service.
6. TERM OF AGREEMENT AND TERMINATION. This agreement shall
be effective as of the date of its execution and shall continue in
full force and effect for a term of three (3) years and thereafter for
successive terms of three (3) years until terminated as hereinafter
provided. After the initial three (3) year period, either party may
terminate this agreement by notifying the other party in writing at
their usual place of business in Wayne County, Indiana at least one
hundred and eighty (180) days in advance of the day on which the said
party desires the agreement to be terminated.
IN WITNESS WHEREOF, the parties have caused this agreement
to be executed this day of 1983.
RICHMOND POWER & LIGHT CLFARVTFW CABLE TV, INC.
BY
Authorized Representative
BY
Authorized Representative
Position Position
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