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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