County Commissioner Ordinance - April 1996ORDI\'ANCE NO. I q qb-Y
An Ordinance of Gibson County
Granting a Franchise to TCI of Indiana, Inc.
for the Construction and Operation of a
Cable Television System
The County Commissioners of Gibson County, havinQ determined ihat the
fmancial, legal and technical ability of TCI of Indiana, Inc. is sufficient to provide
services, facilities and equipment necessary to meet the future cable-related needs of the
community; does hereby ordain as follows:
1. Terms. For the purpose of this Ordinance, the follo�vin� terms, phrases, words,
and abbreviations shall have the meanings below. When not inconsistent with the context,
words used in the present tense include the future tense, words in the plural number
include the sineulaz number and words in the sineulaz number include the plural number:
a. "Cable System" means a facility, consisting of a set of closed transmission
paths and associated signal generation, reception, and control equipment or
other communications equipment that is designed provide Cable Service
and other sen�ice to subscribers.
b. "Franchise Authority" means Gibson Countv, or the la�vful
successor, transferee or assignee thereof.
c. "Grantee" means TCI of Indiana, Inc., or the la«iul successor, transferee
or assignee thereof.
d. "Basic Revenues" mean revenue received by the Grantee from the
operation of ihe Cable System in the Service Area, consisting of basic and
espanded basic revenues; provided however, that such phrase shall not
include (i) revenue received from any national advertising carried on the
Cable System; (ii) any fees or tares on Cable Service which aze imposed
directly or indirectly on any Subscriber thereof by any govemmental unit
or agency, and which are collected by the Grantee on behaif of such
govemmental unit or agency.
e. "Public Way' shall mean the surface of, and the space above and below;
any public street, highway, free�vay, bridge; land path, alley, court,
boulevard, sidewalk, parkway, way, lane, drive; circle or other public rieht-
of-«-av, induding, but not limited to, public utility easements; dedicated
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utility strips or riehts-of-way dedicated For compatible uses and any
temporary or permanent fixtures or improvements located thereon now or
hereafter held by the Franchise Authority in Gibson Counry «�hich
shall entitle the Franchise Authority and the Grantee to the use thereof for
the purpose of installing, operatine, repairine and maintainine the Cable
Svstem.
2. Grant. The County Commissioners of Gibson County hereby grants a non-
exclusive Franchise to construct and operate a Cable System in, along, among, upon,
across, above, o��er, under or in any manner connected with Public Ways �vithin Gibson
County and for that purpose to erect, install, construct, repair, replace, reconstruct;
maintain or retain in, on, over, under, upon , across or along any Public Way and all
extensions thereof and additions thereto, such poles, wires, cables, conductors, ducts;
conduits, vaults, manholes, pedestals, amplifiers, appliances, attachments, and other
related property or equipment as may be necessary or appurtenant to the Cable system.
3. Term. The Franchise granted pursuant to this Ordinance shall be for an initial
term of Fifreen (1�) years from its passage and final adoption.
4. Conditions of Street Occupancv. All transmission and distribution structures;
poles, other lines, and equipment installed or erected by the Grantee pursuant to the
terms hereof shall be so located so as to cause a minimum of interference with the proper
use of Public �Vays and with the rights and reasonable convenience of property o«�ners
who own properh� that adjoins any of said Public Ways.
5. Restoration of Public Wavs. If durin� the course of the Grantee's construction,
operation or maintenance of the Cable System there occurs a disturbance of any Public
�Vay by Grantee, it shall, at its expense, replace and restore such public Way to a
condition reasonablv comparable to the condition of the Public Way existing immediately
prior to such disturbance.
6. Saferi• Requirements. Construction, installation and maintenance of the Cable
System.shall be performed in an ordedy and «�orkmanlike manner. All such work shall be
performed in substantial accordance with applicable Federal Communications
Commission or other federal, state and local regulations. The Cable System shall not
unreasonably endanger or interfere with the safety of persons or property in Gibson
County.
7. Franchise Fee. The Grantee shall pay to the Franchising Authority a franchise fee
equal to three percent (3%) of Basic Revenues recei��ed by the Grantee from the operation
of the Cable system on an annual basis. The franchise fee payment shall be due and
payable ninetv (90) days afrer the dose of the preceding calendar yeaz. Each payment
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shall be accompanied by a brief report from a representative of the Grantee sho«ine the
basis for the computation.
8. Renewal of Franchise. The Franchising Authority and the Grantee agree that any
proceedings undertaken by the Franchising Authority that relate to the renewal of the
Grantee's Franchise shall be govemed by and comply �+-ith the provisions of the Cable
Communications Policy Act of 1984, as amended.
9. Transfer of Franchise. The Grantee's right, title, or interest in the Franchise shall
not be sold, transferred, assigned or other«�ise encumbered, other than to an entity
controlling, controlled by, or under common control with the Grantee, without the prior
consent of the Franchising Authority, such consent not to be unreasonably u�ithheld. No
such consent shall be required, however, for a transfer in trust, by mortgaee; by other
hypothecation, or by assignment of any rights, title, or interest of the Grantee in the
Franchise or Cable System in order to secure indebtedness.
10. Insurance Requirements. The Grantee shall maintain in full force and effect, at its
o«n cost and expense, during the term of ihe Franchise, Comprehensive General Liabilin�
Insurance providing an amount of $300,000 for bodilv injuries, (including accidental
death) to any one person, and subject to an aggregate lunit in the amount of ��00,000 for
any one occurrence, and the amount of S>00;000 for propem� damage.
11. Notice of Violation. In the event that the FrancMsine Authority belie�•es that the
Grantee has not complied �vith the terms of the Franchise, it shall notify the Grantee of
the exact nature of the alleged non-compliance. The Grantee shall have thirty (30) days
from receipt of the notice to respond to the Franchising Authorin� to cure such default or,
in the event that, by the nature of default, such default cannot be cured �vithin the thirty
(30) day period, to initiate reasonable steps to remedy such default and notify the
Franchising Authority of the steps being taken and the projected date that they �111 be
completed.
12. Acts of God. The Grantee shall not be held in default of non-compliance �vith the
provisions of the franchise, nor suffer any enforcement or penalt}� relating thereto, where
such non-compliance or alleged defaults aze caused by strikes, acts of God, power
outages, or other events reasonably beyond its ability to control.
13. Notice. Unless expressly otherwise a�eed benveen the parties, every notice or
response to be served upon the Franchising Authority or the Grantee shall be in ��Titing,
and shall be deemed to have been duly given to the required party five (5) business days
afrer having been posted in a properly sealed and correctly addressed em�elope bv
certified or reeistered mail, postage prepaid, at a Post Office or branch thereof regulazly
maintained by the U.S. Postal Service. The notice or responses to the Franchising
Authority shall be addressed as follo�vs:
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Gibson County
Attention: County Clerk
Gibson Counry Courthouse
Gibson County, IN 47670
The notices or responses to the Grantee shall be addressed as follows:
with a copy to:
TCI of Indiana, Inc.
28�6 Cathv Lane
Jasper,IN 47i46
Tele-Communications, Inc.
Attn: Legal Department
111 Pfingsten Road, Suite 400
Dee�eld, IL 60015
The Franchisine Authorin� and the Grantee may desienate such other address or
addresses from time to time bv giving notice to the other.
14. Severabiliri. If any Section, sentence, paragraph, tean or provision hereof is
determined to be illegal, invalid or unconstitutional, by any court . of competent
jurisdiction or by any state or federal regulatory authoritq having jurisdiction thereof,
such determination shall have no effect on the validiry of any other Section; sentence;
paragraph, term or provision hereof, all of w•hich �vill remain in full force and effect for the
term of the Franchise or any renewal or renewals thereof.
Ordained and enacted this /S day of � , 199�0
Gibson County
By: Q.,,. J, �Mv—
Title: Cn��,uTY �i..u^
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Title: Title:
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�VINESS:
Bti�: / ' o�G� G��lo� /
Accented hv
TCI Of Indiana, Inc.
Subject to appllcable ietieral,
state and local law
` �./a.� iu• / � _�_
Thomas R. Barberini
Exec. V.P.
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14i�'re tnking relerisian
inro (omorro��'.
5u,//�� TCI of Indiana, Inc.
April 7, 1997
Ken W. Greubel
Gibson County Auditor
101 North Main
Princeton.IN 47670
RE: Franchise A�reement
Dear Mr. GreubeL
.
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I am pleased to endose three (3) ori�inals of the Franchise Agreement between Gibson County and
TCI of Indiana, Inc. for final siLnature. Please keep one of the a�reements and fonvard the other nvo
to my attention at the Jasper office as soon as possible.
Please obtain appropriate si�namres on each of the A�reements, indicated as necessary n�ith a red tab.
then send two of the agreements to me. As stated in section 3, the term of the Franchise shall be for
fifteen years from its passage and final adoption. The date will be deteanined by acceptance and
acknowled�ment where indicated by the red tabs.
Should you have any questions, feel free to contact me at 812-482-4583.
Sincerely.
//��/ C. G���
Sally C. Crozier
General Manaoer
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Jaspar. InCiar.a s75-o ?rince;on. I� 4io'i0 W;. Vemon, InCizra 47020 Boon•rille. Indiana =7001 Salem, �ndiana :7t67
Phone:�81?�=ffi-�58d Phone:(d12)38o-70ce Phone:(612)833-20.:� Phone:�812)89i-5230 Phore:(812)dd3-b600
F4%:(812��d2-45H9 FAr:(812�3d6-i765 FA%:(812)838-9c33 FAX:(812)897-0:02 FAX:(912)833-.588
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LOCKTONCOMPANIES�DENVER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P.O. BOx zzt7oo HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
DENVER,CO eo222-OO9e ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMP/WV OLD REPUBLIC INSURANCE COMPAN7
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INSVaED . �pN,p,wyAMERICAN ALTERNATIVE INS. CO.
TCI OF INDIANA, INC. g
COMPANY
5610 DTC PARKWAY C
COMPANY
ENGLEVJOOD, CO 80117 �
'COVERAGES".,�c'3aG a-� :..,��m-sr.�m�,,.a�ac:��''''�r�%;S�"'xd"^la�r'�.'-re'.���'�`-,�r�r-�.�i'..r,.�,.�-ajt�t�'�,r���-t ?��+.,e'- �'tis�"�.�'�
TH1515 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTMTHSTANDING ANY RE�UIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CER7IFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCIUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE eEEN REDUCED BY PAID CLAIMS.
�� TYPEOFINSUiUNCE POLICYNUMBEft POLICYEFFECTIVE POLICYEXPIRATION L!MITS
LTR DITE(MMIDDIYY) �ATE�MINOD/YY)
A GENEMLLIn814TY M�Y�757 ����97 ����98 GENERALAGGREGATE I S 1,000,000
�COMMERCIALGENERALLIABILITY PROOVCTS-COMP/OPAGG S i,pp0,000
CLALNSMNDE �OCCVR PERSONAldAOVINJURY S 7,pp0,000
O�'/r1ER'S 8 COMRACTOR'S PROT EACH OCCUF2RENCE 5 7,000,000
FIRE DPMAGE (!vry me Ira) S 100,000
I MED EXP (Arry a» person) S
AUTOMOBILE LIA81llTY
COAIBINEO SI1:GlE LIMIT 5
ANY AUTO
ALL ONMED AUTOS BODILY INJURY S
SCHEDULED AUTOS (P�� ce�)
MIRE�AVTOS BOOILYINJURY 5
NON-0YJNEO AVTOS (Per aa5denq
PROPERTYDAMnGE 5
GAMGELIABILITY AUTOONLY-EAACCIDENT 5
�ANYAVTO OTHERTHANAUTOONLY: . �-.,_".
EACH ACCIDEM S
AGGREGATE 5
EXCE55 LIABILITY EACH OCCURRENCE I 5
� OTHERLTMPN BRELL4FORM I I I ?.GGREGATE S
S
WORKERSCOMVENSATIONAND TORYLLNRS ER ���'� f�':'��r
EMPLOYERS'l1ABILITY EIEACMACC10ENT 5
OFFICERSRI�EEOiL � E Ci ElU15EASE-POLICYLIMIT 5
PARTNER$/E%ECUTIVE
ELDISEASE-EAEMPLOYEE S
IOTHER r���� I
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OESCRIPTIONOFOVERATIONSILOCATIONSIVENICLESISiECIAL EMS 1g9.,�
RE: FRANCHISEAGREEMENT �Pe �'i
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'�.CERTIFICATE:HOL'DER_�y.,��'a''-'�'r'�:�',�� � j%'.-Y_�Up'�T�N ELL'ATION�"'�:C"�izFr''�'.'�„-�."�rj7�.��-g"�+`,.���t'�`1T",i'E
�,�gSON �DU SHOULD ANY OF THE A90VE DESCRIBED POLICIES BE CANCELLED BEFORE TNE
E%PIRATION �11TE THEREOF, THE ISSUIYG COMPANY WILL ENDEAVOR TO MAIL
COUNN OF GIBSON, IN 3O DAYS WRITTEN NOTCE TO THE CERTiFICATE HOLDEft NAMED TO THE IEFT.
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGNTION OR LIABILIiY
ATTN: COUNTY AUDITOR
t01 NORTH MAIN OF ANY KIND UPON TNE COMPANT, ITS PGENTS OR REPRESENTFTNES.
AUTHORIZEDREPRESENTAiNE <
PR�NCETON, IN 47670 � �?% �
'ACORD,�25=5;(1195} . 4r, � �� - < - , ....Y.-�_�� �� ��ACORD;CORPORATIOM1968
.�,�•�.w_ �ie.,. t"L�`�' •�.._=.ti.:' •va� .._'��.�s�:a.€��=.?.z.. - -
Su� TCI SOUTHEAST. INC:
County Of Gibson, Indiana
Gibson County Courthouse
Gibson County, Indiana 47670
Attention: County Clerk
Re: Franchise Agreement Between the County Of Gibson
And TCI Of Indiana, Inc. Passed By Ordinance No. 1996-4
To Whom It May Concern:
R�'e're tal:in� tele��ision
inro tomorrow:
���
THOMAS R. BARBERLVI
Executive Vice President. COO
The undersigned cable operator does hereby accept the above-referenced
document, and does hereby agree that it will comply with and abide by all the
provisions, terms and conditions of the document, subject to applicable federal, state
and local law.
Please acknowledge receipt of this acceptance by signing and dating in the
space provided below and returning two copies of such acceptance.
Sworn to and subscribed
before me this a7% day
of `�i�a�-�� , 1997
�� • I/�/�
NOTARY_P LIC
��� M. WILKEY
��,�•�ary Puolic, State of Alabame
My Comrtiission Expires
08-23-00
Acceptance received and
acknowledged this / �'—K
day of�, 1997.
Sincerely,
TCI SOUTHEAST, INC.
On Behalf Of
TCI Of Indiana, Inc.
�a„�1 . ,C � —.�,..,..
THOMAS R. BARBERINI
� Executive Vice President
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2204 LakeShore Drive
Suite 325
Post Oliice Bo. 59d'o5 (Zip 3�259-OdE;
Bumingham, AL 35?09-0732
(205) 877-00�= e.t. 303
FAX ('LOi) 87 i -8=i 2 .
An EqualOpportuni;y Empbye�