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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 -2-