HomeMy Public PortalAbout2884-1974 - Amendig the franchise fees with Clearview Cable of RichmondORDINANCE NO. 2884-1974
AN ORDINANCE AMENDING ORDINANCE NO. 2245-1967 APPROVING
AND CONFIRMING AN AMENDMENT TO THAT CERTAIN FRANCHISE
AGREEMENT GRANTING THE NON-EXCLUSIVE RIGHT, PRIVLEGE AND
AUTHORITY TO CONSTRUCT, MAINTAIN AND OPERATE A COMMUNITY
ANTENNA TELEVISION SYSTEM IN THE CITY OF RICHMOND, INDIANA.
WHEREAS, on the 20th day of February, 1967, the Common
Council of the City of Richmond, Indiana, passed and
adopted Ordinance Number 2245-1967 approving and confirming
a franchise agreement granting Clearview Cable of Richmond,
Inc., an Indiana corporation, the non-exclusive right,
privilege and authority to construct, maintain and operate
a community antenna television system in the City of
Richmond, Indiana, and
WHEREAS, said franchise was assigned, with the consent of
the Board of Public Works and Safety of said City, to
Clearview Cable TV, a joint venture, and
WHEREAS, Clearview Cable TV has demonstrated a need for
additional revenue in order to provide a fair rate of return
upon investment and due to increased costs of operation and
replacement of capital and equipment as well as installation
of additional equipment, so that a redetermination of rates
would be fair and equitable.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the
City of Richmond, Indiana:
That the Board of Public Works and Safety of the City of
Richmond, Indiana, be and the same hereby is authorized
and empowered to enter into an amendment to that certain
franchise agreement dated December 28, 1966 which amendment
shall be in the words and figures as set out in Exhibit
"A" which exhibit is attached hereto and made a part hereof.
PASSED AND ADOPTED by the Common Council of the City of
Richmond, Indiana, this ;. day of 1974.
Presideft ot Common Council
ATTEST:
City C r c
PRESENTED to the Mayor of the City of Richmond, Indiana,
this 11;� day of CZ 1974.
City C er
APPROVED by me, Bron E. Klute, Mayor of the City of Richmond,
Indiana, this day of , 1974.
/> Mayor
ATTEST:
City C1 r
AMENDMENT TO FRANCHISE AGREEMENT
THIS AGREEMENT, made and entered into this day of March, 1974,
between the Citv of Richmond, Indiana, hereinafter called "CITY", and Clearview
Cable TV, a joint venture, hereinafter called "COMPANY",
W I T N E SSE TH:
WHEREAS, City and Company did on the 28th day of December, 1966, enter
into a Franchise Agreement granting unto Company the right to construct and
operate a community antenna television system, hereinafter called "CATV", in
Richmond, Indiana, which Agreement was amended on the 23rd day of December,
1971; and
WHEREAS, since the granting of said franchise by City for the construction
and operation of a CATV system to Company and the amendment thereof, there
have been substantial increases in costs of construction, maintenance, and oper-
ation of CATV, which changes were never considered or anticipated by either of
the parties hereto; and
WHEREAS, Company, having met and complied with all legal and regulatory
rules and requirements, has constructed and is operating a CATV system in
Richmond, Indiana;
NOW TIIERFFORE, it is -agreed by and hetween the parties hereto that the
Franchise Agreement dated December 28, 1966, as amended December 23, 1971,
entered into by City and Company shall he amended as follow-
1. Paragraph 9 d(1) shall be amended to read that the monthly service
charge for Residential (single family) first connection shall be $5.50 per month
and transfer to new address shall be S5.00. All other charges in paragraph 9 d(1)
shall remain as originally stated.
EXHIBIT "A"
2. Paragraph 9 d(2) shall be amended to read that the mcnthty ser�ic.,
charge for Residential (multiple family) first connection shall be $7. Soper month.
All other charges in paragraph 9 d(2) shall remain as originally stated.
3. It is further agreed that all other terms and covenants and conditions
of the said Franchise Agreement dated December 23, 1966 and as amended
December 23, 1971 are to remain in full force and effect unless amended herein.
IN WITNESS WHEREOF, the parties hereto have hereunto caused this
Amendment to Franchise Agreement to be executed this day of March, 1974.
CITY OF RIC,HMOND, INDIANA
ATTEST:
The duly Constituted Board of Public Works
and-.afety of the Citv of Richmond, Indiana
CLI:ARVI17W, CA51,F TV
By:
President
ATTEST:
Secretary
Company