HomeMy WebLinkAbout1969-10-13 300-W ORDER300-w
Introduced by Councilor Balloon Oct. 13, 1969
CITY OF BANGOR
(TITLE.) @rberr__. AUTHORIZING „C,I,TY MANAGER TO BRECUIE CONTMCT_WITH PENOBCABa.,..,,,
By aty Co Oft MY Oflkwor:
ORDERRD,
TUT THE CITY MANAGER BE, AND IS HEREBY, AUTHORIZED, ON BEHALF
OF THE CITY COUNCIL TO EXECUTE THE ATTACHED CONTRACT GRANTING
CATV FRANCHISE TO PENOBCAB, MG.
i
VED
ilsD [Ci '-1 Pm12.29
C'l Y !'_C
IN CITY COUNCIL
Oct. 13, 1969
n nded (see attached sheep and as
amended PASS®,
300-w
OR➢ER
Title,
AOTMRIEING CITY MANAGER N EXeCUT¢
CONTRACT WI1N P8N0RCAB� INCA (CAN PRRRCllI58)
cxxY yearz introduced end iced by
l\\ .•.. •. �.... ...Counellman..
Section 2. CONPLIANCI NITN LAWS, REQ1U1LOSS AW ORDINANCES
The Company shall, at all Avec during the lite of this agreement,
be subject to all lawful exercise of the police power by the City add to
such reamonable regulations as the City shall hereafter by Resolution o
c
Ordlan eprovide. Me en
construction, operation and maintenance of the
system by the Company Mall be in full compliance with Chapter VII, Art-
icle 3 of the lave and Ordinances of the City of Bangor as amended and
revised, and in full compliance with all Other applicable roles and regu-
lotlons now in affect or hereinafter adopted by the Federal Coimenicattare
Commission, the City, the State of Maine, and the United States Government.
Section 3. COMPANY LIABILITY AND INDEI4IPIGTION
a. LIABILITY COVERAGE. It is expressly understood and agreed
by and between the Company and the City that the Company shall save the
City harmless free all lose sustained by the City on account of any suit,
judgment, execution, claim or demand whatsoever arising out of the con -
attention, operation andmaintenance of the system by the Company. The
Company agree* to maintain and keep In full force and effect at all times
during the term of this agreement sufficient liability insurance coverage
to protect the City against any such claims, suite, judgments, executions
r demands in the a not lase than $100,000.00 per person in any
claim; $300,000.00 as on to say o accident o ro
aand t lee
than $50,000.00 for ptopeny damage as to any one
accident oroccurrence,
r in such larger aall c s
rage a may berequired of the mCompany
by any other public utility in the City.
b. WRgt6S'S COMPENSATION COVERAGE. The Company shall also
maintain in full force and effect throughout the duration of this agree-
ment sufficient Wrtten's Compensation Insurance coverage to adequately
aM fully protect its agents and employees as required by law.
c. RESIDENT COMPANY Atilt AGENT. All insurance policies and
bonds an required of the Company in this agreement shall be written
by a company orcompanies authorized and qualified to do busineasln the
State of Maine and shell be served through an insurance agent doing busi-
was the City. Certificates of all Coverage required shall be
filed by the Company with the City Brier to the sianint of this agreamon[.
SECTION 4. CONDITIONS ON STREET OCCUPAWY AND SYSTEM CONSTRUCTION
a. UN. All transmission and distribution structures, lines
end equipment erected by the Company within the City shall be so located
as to public mys and platen and to Cause a minimum interference with the
rights or reasonable c n convenience of property owwho adjoin any of
said Itraets,alleys or other public ways and places, as provided in
Chapter I1, Article 15, Section 3.1 through 3.4 and Chapter VII, Article
3 of the laws Ind ordinances of the City of Boner.
b. RESTORATION. In case of any disturbance of pavement, side -
Batiks, driveway or other surfacing, the Company shall, at its own expense
and in • summer approved by the City, and in accordance with Chapter V1,
Article 6, of the law* Ind Ordinances of the City of Bangor, replace and
"above such places so disturbed in as good condition as before said work
we vend, and shall mLLntain the restoration in a condition approved
by the City for the full period of one year.
cRELOCATION. m the event that at an, time during the peri-
od of this agreement the City shall lawfully elect to alter or change the line or
Ueda of any street, alley or other public ways the Campany, upon reason-
able =tics by the City, shall remove, relay and relocate its equipment
at its owe expense.
d. PLACEMENT OF FIXTURES. The Company shall not place any fix-
tures or equipment where the so= will interfere with any gas, electric,
telephone or sever water Ula, fixtures aequipment; and the loca-
tion by the Company of its lines and equipment shall be in such manner a
to rot interfere with the usual travel on said streets, alleys and public
ways and the use
of the same by gas, electric, telephonesand water and
sewer lines andequipments and the Company shall relocate its lines if necessary
to conform to the provisions
of this section.
l'g[9UgARYggWM
VAL OF VINES FOR MIMING VING. The Comp-
any shall, eon the request of the City, temporarily is as or lower its
wires to permit the moving of buildings.
f. NO PROPERTY RIM. Nothing in this agreement shall grant
to the Company any permanent rights in City-ow=d property, noshall
the City be compelled to maintain any of its property any longer than,
r In any fashion other than In the City's Judgment its own business or
needs may require.
S. MN -LIABILITY OF CITY. The City shall met be liable for
any damage occurring to the ptoperty of the Company caused by employees
Of the City in the performance of their duties, nor shall the City be held
liable for the interception of service by actions of City employees in
the performance of their duties, nor shall the City be held liable for the
failure of the Company to be able to perform metal service due to acts of
Cod.
h. PERMITS. EASEFENTS AND AME)MYS. The City shall not be
required to assume any responsibility for the securing of any rights of
may Or easements, =
shall the City be responsible for securing any
permits or agreements with other persons or utilities.
I. UNDERGROUND INSTALLATION REQUIRED. The Company shall lo-
cate Its inetalL[ionm underground in those areas of the City presently
served by underground utilities. Nothing In this agreement shall prevent
the City from requiring, in the future, relocation of the Company's in-
stallation underground, at the Company's expense, in those areas of the
City Mere other utility installer ion are installed or relocated underground.
Section 5. CONSTRUCTION APPROVAL BY CITY - CORRECTION OF DEFECTS
The Company shell noterect any pole, run
any line, make. any attach-
ment, nor shall any construction of any kind be commenced without the prior
Approval of the City Council in accordance with Chapter It, Article 15,
Section 3 and Chapter VII, Article 3 of the Lave and Ordinances of the
City of Hanger. The City Shall have and maintain the right to inspect
the construction, operation and maintenance of the Syetw by the Company
to insure the proper performance of the [ of this agreements. •In the
vent the Company should violate any of themterms at tits Agreement, or
any of the rules and regulations as may Be from time to time lawfully
adapted, the City shall imaedia[ely give to the Company thirty (30) days'
written notice to correct such violation, and in the event the Company
Ones met MM such co ection within thirty (30) days m e
the receipt
of much written notice, the City may make such correction itself and
charge the cost of same to the Company.
,upon completion of any overhead o n1Wer9rotM installation, the Company shall
furnish to the City a complete set of as -built plans of the installation, showing
accurate ties to all lines and Structures with details of structure construction.
Section 6 PRMIBITIM IS
SBRVLC63 1NR BRP1IRg
The Company, any and all of its officers, agents, and employees,
are specifically prohibited from engaging in the e _ , service, rental, or
leasing of television receivers, radio receivers, or television or radio
receiver related parte and accessories with any person anywhere in the City
whether for a fee or charge or not. The Company shall prohibit any of its
officers, agents, and employees from violating the term of this section at all
times, whether in the performance of duties of the Company or otherwise.
a. PAY TEEVISION The Company shall not engage in the business
Of PAY TELEVISION, that is the sale of programs, on a program to program hasp.
I. MUST a NSThe Company shall have the right
but not the exclusive right to contract for or otherwise provide a music
service which is originated by the system or procurred from any other source
other than Eton signals broadcasted by duly authorized broadcasting stations
to any business, professional or commercial establishment.
c. RECOMMEND SERVICE The Company,: aey and all of its officers,
agents, and employees shall not indicate and shall not recommend, in any Penner
specific sale or service establishment or Individual to be used for the cele of
service of any television set.
d. PUBLIC SBRVICV The Company shall provide community antenna
television service to all public and potential schools, theenBangor Public
Library, City Owned recreational center buildings, City gall, Cit¢ Police
Station, City Fire Stations, City Utility Plante, antl the City Hospital,
providing such installations are within the City limits. The Company agrees
that there will be no monthly charge for its service, and that there will be
o installation charge for bringing the service to the exterior of the building
or buildings above described.
a. �'aPC I_4Lr A&%yjj_4 The Company shall reserve a television
channel for the use of educational institutions within the City limits for the
origination of educational television telecasts and the interconnection of all
said educational institutions.
Section S. SERVIM a An DS
a. The Company shall maintain and operate the system and redder
efficient service in accordance with the hulas and regulations as are or my
be set forth in the City Council: provided, however, the Company shalt operate
the system so that there will be no interference with television reception,
radio reception, telephone communications orother Installations which are now
or may hereafter be installed and in use by the City or any persons In the City.
b. The Company shall carry all signals of every television station
where the community antenna television system tower or [were and antenna
equipment are located within the Federal Communications Commission approved
predicted Grade B contour line of that television station. The television
signals at no
time shall be altered, interrupted, or blacked out in any way by
the company.
C. The Community antenna television system shall maintain at all
Limen
1. Use all band equipment capable of passing the entire
FW television and PH radio spectrum.
R. Equipment that pal
e[aodard color television signals
without degrad ationand with no phase shift and no
effect on calor fidelity and intelligence.
3. Provide a minimum level of 1,000 microvolts at the
input terminals of each TV receiver on the line.
4. Provide that the system and all equipment be designed
and rated for 24 hours per day continuous operation.
5. Provide a signal to noise ratio of not less than
fortjosix decibels.
6. Provide a television signal with a hum modulation lees
than three percent
]. Use components having voltage standing wave retia OP
1.4 or less.
B. Provide an inter -modulation distortion not to exceed
minus forth -six decibels.
9. Provide that the plat of gain versus frequency across
any six megacyble. channel is tneba flat plus or
alma one decibel.
d. TM Company shall provide and keep accurately calibrated test
equipment on hand in the City at all tfees for the testing of all service and
operational standards outlined in this Agreement and shall conduct [Mee teats
as requested by the City under the supervision of a City representative in
order to establish the level of performance of the system.
a. The Company shall provide one or more local se rvice channels
in addition to other channels provided for in this Agreement. The localservice
channel shall provide local weather, information and time with continuous PE
background mate.
Section 9. CORAdY auLeS.
The Company small have the authority to promulgate such rules,
regulations, terms, and conditions gervereing the conduct of its business a
shall be reasonably necessary [ enable the Company t [rise its rights as
sago tress a e o axe
to vice to its obligations under this Agreement and t rules,
iulat to eetM1 andms, all ire customers: provided, n conflict wi h theProv
hereof and s [almae and dconditions small not be in conflict with the pprovaloOf
hereof eM shalt he filed vi[M1 the City and aM1e1l be subject [o [M1¢ approval of
the City.
ya' ,M[ ..,..
The Company shall, throughout the entire duration of this Agreement
maintain an office open to the public during all reasonable business hours within
the City. and the Company shall require o of itsOfficer$ and/or principal
stockholders to be a Resident Manager of the system, and such person shall
oida and be active in the management of the system in the City throughout the
duration of this Agreement.
fv successors or assigns, section M. 2AMMIM
Should the CoWny, Its a ssiggne viol"' any
Of eM1e and
regulations
of this Agreement, any Ordinance o y ee eo bee
chem aM ionu(atfoof or other lees, t Ecol to promptly perform any of
the provlahe C ty after
the Company shall forfeit
Co all its [tgh[t continuation here-
under to the tion ,Etat urttten default
tc the Company and the than
of such vitiations, of
or default fcr a period of more then a30
n
Jaya. In the event of tee bankruptcy Company
o receivership of the Company,
All [rhea herein given to the Commy etLLl at the option of the City,
be forfeited and terminated.
I11 WITNESS USHERA W. the parties have hereunto Interchangeably set their
hands and seals this , day of , in the year
Of our lord one thousand nine hundred and sixty-nine.
Signed, Sealed and Delivered
In presence of:
By:
CITY W 8!11301t
(Company)
By:
Its
Approved, as to form:
ettornerat-Lae
7E18 A(iEO®IT entered into as of this day of , 19691
by AM betwen:
THE CITY OF MNmN, MINB, (hereinafter referred to
• the "City"), a municipal Corporation located in
the City of Bangor, County of Penobscot, State of
!Lina, with principal offices at City W11, Harlow
Street, Bangor, wine;
pgNOBGB. IMC., meremafter referred to as the
"Comepany"), a corporation authorized to do hominess
in the Stab of Mine and having its principal place
of business at 248 Center Street, Manor, (Line.
NI INE SSE T H:
N10 9, under Chapter VII, Article J of the OrAinances of the City of
Bangor, the City Council is authorized to contract far the purpose of
granting an exclusive franchise to operate and maintain • comemnity
an
taxes television system AM appurtenances or parte thereof along the
public rays in the City of Bangor;
Magung, per order of the City Council dated July 28, 1969,. the City
Manager, upon approval of the City Cxxil, was authorized to execute
contract tan behalf of the City of Bangor with the Company, pursuant
to the provisions of Chapter VII, Article J of the Ordinances of the
City of Murder;
gKIRSA8, the City Council, per order dated , 1969 has ap-
proved the previsions of this agreement and has authorized the City
Manepr To execute the sin on behalf of the City of Bangor.
RW, TleegroRe, the parties hereto watually, agree as follow:
Section 1. (iAMi Of AUTHORITY
There is hereby granted by the City to the Company, inaccordance with
and to the extent authorized under the provisions of MaineRevised statutes
Annotated, Title 30, section 2151, Sub -section 2e, the exclusive right end
privilege to operate and maintain in the City a community antenna system for
the reception and distribution of television signals and energy, frequency
modulated radio signals and v
Mere is hereby, granted by the City to the Company, in accordance
with and to the extent authorized under the provisions of Maine Revised
Statutes Annotated, Title 30, Section 2151, Sulo -Section 2x, the exclusive
from Mee tre`,sdgR Re �°�en1rS be construed m prevent the cnmpanr
The precedine� paragraph shall not be Construed to prevent the Company
from acquiring the necessary
ssary financing through mortgages of its plant and
equipment, assignments its accounts receivable or by pledge of its stack
or other security.
Iha Preceding PaXagrach shall cost be construed tO PreVent the Company
from acquiring the hassessary financing thromgh hertgages of its pl,,t, and ASIft,
equipment, assignswents Of it$ accounts receivable Or bY Plains of its stock
or other security.
F Is
section ie. nugATIM U AGREEN RT
This agreement shell remain in full force and effect for a period
of ten (10) years, said period commencing on the date of this agreement.
Section 15. C(MLET1oN oP SYSTEM
The Company agrees to complete the entire system as described in
its ptvposal dated May 31, 1969 within fifteen (15) months of the dot(
of this agreement, subject only to delays beyond the control of the
Company, such as delivery, of materials and equipment and provided that
all necessary authorizations are forthcoming frthe Federal Cmmnunfca-
alone Commissions.
Said proposal is hereby ioorporated and made a part of this agreement
transfer as it does not conflict with the expressed provisions of this agreement.
right amd privilege to operate and mintaln in the City a co®unfty an t
tame television system for the reception and distribution of telwieion
sigmas sued energy, frequency aeduloted radio signals and visual and
aural eigoala which are cut otbamlea herein prohibited in accordarce
with the Caampany'a proposal dated gay tl, 1969.
Aa right to a and occupy street@, alleys, public ways and places
for the purpose herein Nt forth @Mll cut be exclusive, and the City
renrree the right to grant the use of streets, alleys, public rays and
pieces to any person or it= for any puroose other than setvina the City
with m antennae television system.
The Company &hall have the right to enter Inca a vangemntn for the
attachment onto and um of facilities voted and operated by public utili-
ties operating within the City, whereby the Company shall strictly comply
with the tern, provisions and restrictions of said agreements, and copies
of all agreements made with other public utilities operating within the
City shall be placed on fl Is with the City Manager '& Office immediately
upon their execution.
Section 11. Me Company may make such charges f -rt its services, a
are reasonable, provided that during the term of this agreement charges
for services to home subscribers shall note eed the following ratea:without prior
approval of the Finance Committee of the City Council.
$20.00c- installation charge
6.00 - per month - one outlet
1.00 - per month - each additional outlet
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}ee-ehetge- eeF-yes - - one-use-te-exceed-she-pet eneege-eE-ones
}n-Epe-vaePeo€-}}vtnB-4xien-doe}n8-PFe-peeeedkng-twe}we-mnneh-peckedeae
In addition to the above, the Company shall have the right from
time to time to establish commercial
amrcial races for services offered to
e
other than home subscribers. Before any such c onam
errial rates shall
became effective a schedule of same shall be filed in the Office of
the City Clark.
Me Company shall not, as to rates, charges, aarvice, facilities,
rules and regulations or In any other respect, make or grant
sty prefer -
advantage to any perm an
or subject any person to y prejudice
or disadvantage.
Section 12. RECORDS AND REPORTS
at
The City shell have access mm all reasonable hours to all the
Company's plans, contracts, engineering. accounting, financial starts -
fired, customer and service records relating to the property and opera-
tion of the system by the Company and to such other records as may be
required by the Company and to such other records as may be required by
the City. M annual report showing gross
ucelved by the Comp -
my Erna the operation of the system within the Cityduring the preced-
ing twelve (12) month period and such other information as the City may
require in support of same,
shall be given to the City by the Company.
The Company also agrees to maintain an up-to-date lis- of the stock-
holders of said Company with the City Clerk.
Section 13. TRANSFER PROHIBITED
The Company shall not sell or transfer its plant or system or any
portion thereof, fer any right, title or interest in :he aye, no shall
thewlt Company r transfer any rights under this approval
shall
:o any orfsrrpe rson
without prior approval of cM1e City which approval sM1 all amt be ably withheld. vithhe d.
SUGGESTED AMENDMENTS TO DRAFT OF AMEMENT
BETNEEN CITY OF RANDOM AND FENOBGB, INC.
Non: The underlining of Certain words aM phrases n the [ext
was a error in transcribing and has an other significance.
Section 1. CRANI OF AUTHORITY. Chaage first sentence [ read:
"There is bareby granted by the City to the Company, in accordance
with and to the extent authorized under the provisions of Maine Re-
vised Statutes Annotated, Title 30, Section 3151, Sub -Seton ID, the
exclusive right etc." ,
Section 4c. REWCATION. Add "line or" at the end of second line.
Section 4d. PIAC@BT1 OF FIRTOkeS. At the end of section replace
(.) with (,) and add the following phrase; "and the Company shall relocate.
its linea if necessary to conform to the provisions of this section."
Section 5. OSNSTBllCTlON kPPROVAL BY CITY - CORRECTION OF DEFECTS.
After CM1e mrd "agreement" 1n the s ¢nth 1fn add the following sentence:
"Upon completion of say overhead of underground installation, the Company
shall furnish to the City a complate set of as -built plans of the install -
showing accurate ties to alllloes and structured with details of
structure construction."
Section 11. RATES. At the end of the third line add "without prior
approval of the Finance Committee of the City Council:" Delete last three
lines of first paragraph.
Section 33. RECORDS AND REPORTS: Change sixth word in first line
from "to" to "at .
Section 13. TRANSFER PROHIBITED. Add second paragraph as follows:
"The preceding paragraph shall not be connected to prevent the Company
from acquiring the necessary financing throigb mortgages of its plant
and equipment, assignments of its accounts receivable or by pledge of
its stock or other security."
Section 15. COMPLETION OF SYSTEM. Add the following sentence:
"Said proposal is hereby incorporated and made a part of this Agree-
ment insofar as it noes not conflict with the expressed provisions of
this agreement."
Section 16. RENEGOTIATION OF AGREEMENT. In the event that the Legis-
lature of the State of Maim during the term of this agreement enacts
legislation which allows the City to derive revenues other than from tax-
ation of the Company's property located in the City and tevenoses derived
from the franchise fees presently provided for by low, the Company agrees
that this c may be renegotiated in accordance with such n tory
contract a cc new agree
vt rims a of their s effective date. In addition, 1t in further additional that in the even[ this agreement is amended to provide for any extension
of said payments to the City, the Company shall be 0) years to an he dare i of eafd
amended. for a period not toe sea ten (10) yeah from the sate it is so
amended.
Section 17. PENALTIES. This section is renumbered to provide for the
new Section 16.
Section 11. Me Chap any may make such charges for its services, a
are reasonable, provided that during the term of this agreement charges
for services to home subscribers shall not exceed the fallowing rates:
$20.00 - installation charge
6.00 - per month - one outlet
1.00 - per month - each additional outlet
except that the Company shall have the right to adjust its monthly serv-
ice
eeach ach yea an
Mount not to exceed the percentage of increase
in the cost of livingindex during the preceding twelve-month period.
In addition to the above, the Company shall have the right from
time to time to establish commercial rates for services offered to
other than home subscribers. Before any such commercial
rcial rates shall
become effective a schedule of same shall be filed in the Office of
the City Clerk.
The Company shall not, as
to
echarges, service, facilities,
rules and regulations or in any other respect, make or grant any prefer -
sued or advantage to any persons, or subject any person to any prejudice
or disadvantage.
Section 12. RECORDS AND REPORTS
The City shall have access to all reasonable hours to all the
Company's plana, contracts, engineering,accounting, financial statis-
tical, customer and sea
records relating to the property and an ern-
tion
r -
tion of the system bythecCompany and to such offer records a may be
required by the Company and to such other records as may be required by
the City. An annual report showing gross revenues ceived by the Comp-
any from the operation of the system within the City during the preced-
ing twelve (12) month period and such other information as the City may
require 1n support of same, shall be given to the City by the Company.
The Company also agrees to maintain
intain an up-to-date list of the stock-
holders of said Company with the City Clerk.
Section 13. TRANSFER PROHIBITED
The Company shall not sell or transfer its plant or system or any
portion thereof, nor any right, title or interest in the safe,shall
the Company transfer any rights under this agreement to any other person
without prior approval of the City which approval shall not be unreason-
ably withheld.
Section 14. DURATION OF AGREEMENT
This agreement shall remain in full farce and effect for a period
of ten (10) years, =id perodrcommencing on the date of this agreement.
Section 15. COMPLETION OF SYSTEM
The Company agrees complete the entire system as described i
its proposal dated Nay 21, 1969 within fifteen (15) months of the date
of this agreement, subject only to delays beyond the control of the
Company, such as delivery of materials and equipment and provided that
all necessary authorizations areforthcoming from the Federal Communica-
tions Commission.
Section 16. P8�_TM
Should the Company,its asigns violate any
of the pro of this Mercator, any Ordinance oany reasonable
rules and regulations or other laws, or fail to promptly perform day of
the provisions
s hereof, the Company shall forfeit all its rights here-
under totheafter written notice to the Company and the continuation
of such violations, failure or default for a period of more than 30
days. In the event of the baakruptcy o receivership of the Company,
all rights herein given to the Company shall atthe option of the City,
be forfeited and terminated.
IN WITNESS WILLSOF, the parties have hereunto interchangeably set their
hands and seals this , day of , in the year
of our Lord one thousand nine hundred and sixty-nine.
Signed, Sealed and Delivered CITY OF BANGOR
n presence of:
By:
Approved, as to form:
(Company)
TRIC ACBEEMENT entered into as of this day of 1969,
by and between:
THE CITY OF BANGOR, M CKE, (hereinafter referred to
s the "City"), a municipal corporation located in
the City of Bangor, County of Penobscot, State of
Maine, with principal offices at City Hall, Harlow
Street, Bangor, Maine;
and
PENOBCAS, INC., (hereinafter referred to as
the
mp
"Coany"), ecorporation authorized to do business
in the State of Maine and having its principal place
of business at 248 Center Street, Bangor, Maine.
WITNESSETH:
WHEREAS, under Chapter VII, Article 3 of the Ordinances of the City of
Bangor, the City Council is authorized to
contract for the purpose of
granting an exclusive franchise to operate and maintain a community an-
tennae television system and appurtenances or parte thereof along the
public ways in the City of Beage r;
WHEREAS, per order of the City Council dated July 28, 1969, the City
Manager, upon approval of the City Council, was authorized to execute
ontract on behalf of the City of Bangor with the Company, pursuant
tos
the provisions of Chapter VII, Article 3 of the Ordinances of the
City of Bangor;s
WHEREAS, the City Council, per order dated , 1969 has ap-
proved the provisions of this agreement and has authorized the City
Manager to execute the same on behalf of the City of Bangor.
NOW, THEREFORE, the parties hereto mutually agree as follows
Section 1. CBAWT OF AUTHORITY
There is hereby granted by the City to the Company the exclusio
right and privilege to operate and ma intaln 1n the City acnity an -
Inure
-Inure television system for the reception and distribution of television
signals and energy, frequency modulated radio signals and visual and
rat signals which are not otherwise herein prohibited in accordance
with the Company's proposal dated May 21, 1969.
The right to use and occupy streets, alleys, public ways and places
for the purpose herein set forth shall not be exclusive, and the City
reserves the right to grant Che use of streets, alleys, public ways and
placesto any pe[ r film for any Purpose other than serving the Citv
withanantennae television system.
The Company shall have the right to enter into arrangements for the
attachment onto and u of facilities owned and operated by public utili-
ties operating within the City, whereby the Company shall strictly comply
with the terms, proviaisce and restrictions of said agreements, and copies
of all agreements made with other public utilities operating within the
City shall be placed on file with the City Manager's Office immediately
upon their execution.
Section 2, CAMPLIANCE WITH LAWS, REGULATIONS AND ORDINANCES
The Company shall, at all times during the life of this agreement,
be subject to all lawful exercise of the police power by the City and to
s
such reasonable regulations asthe City shall hereafter by Resolution
Or
c
Ordlan eprovide. The construction, Operation and maintenance of the
system by the Company shall be in full compliance with Chapter VII, Art-
icle 3 of the Laws and Ordinances Of the City of Bangor as
amended and
revised, and in full compliance with all other applicable rules and regu-
lations now in effect or hereinafter adopted by the Federal Communications
Commission, the City, the State of Maine, and the United States Government.
Section 3. COMPANY LIABILITY AND INDEMNIFICATION
a. LIABILITY COVERAGE. It is expressly understood and agreed
by and between the Company and the City that the Company shall save the
City harmless from all loss sustained by the City c count of any snit,
judgment, execution, claimr demand whatsoever arising out of the c -
stxuction, operatic andmaintenance of the system by the Company. The
Company agrees to maintain and keep in full force and effect at all time
during the term of this agreement sufficient liability insurance c rage
to protect the City against any such claim suits, judgments, executions
or demands in the s not less than $100,000.00 per person in any on
claim; $300,000.00 ass to any one accident or occurrence, aM act less
than $50,000.00 for property damage as to any one
accident oroccurrence,
r in such larger all coverage may be required oftheCompany
by say other public utility in the City.
B. WORKMEN'S COMPENSATION COVERAGE. The Company shall also
maintain in full for and effect throughout the duration of this agree-
ment
nt sufficient Warhead's Compensation Insurance coverage to adequately
and fully protect its agents and employees as required by Saw.
C. RESIDENT COMPANY AND AGENT. All insurance policies and
bonds as are required of the Company in this agreement shall be written
by acompany orcompanies authorized and qualified to do businessin the
State of Maine and shall be served through as insurance agent doing busi-
ne as the City. Certificates of all coverage required shall be
filed by the Company with the City prior to the signing of this agreement.
SECTION 4. CONDITIONS ON STREET OCCUPANCY AND SYSTRM CONSTRUCTION
a. USE. All transmission and distribution structures, line
and equipment erected by the Company within the City shall be so located
s to public ways and places and to cause a minimum interference with the
rights or reasonable convenience of property o who adjoin any of
said streets, alleys o other public ways and places, as provided i
Chapter I1, Article 15 Section 3.1 through 3.4 and Chapter VII, Article
3 of the Laws and Ordinances of the City of Bangor.
b. RESTORATION. In c of any disturbance of pavement, side-
walks, driveway o other surfacing, the Company shall, at its own expense
and In a manner approved by the City, and in accordance with Chapter Vi
Article 8, of the Laws and Ordinances of the City of Bangor, replace and
,store such places so disturbed in as good condition as before said work
red, and shall mthe ndi
ion in a cotio approved
byperiod
a ar
the City far the full periodof one
cme
vRELOCATION. In the event that at any Liduring the peri-
od of this agreement the City shall elect t0 alter or change the
grade of any street, alley or other public ways the Company, upon reason-
able notice by the City, shall remove, relay and relocate its equipment
at its own expense.
d. PLACEMENT OF FUTURES. The Company shall not place any fix-
tures or equipment where the same will interfere with any gas electric,
telephone orsewer and water lines, fixtures and equipment and the loca-
tion by the Company of its lines and equipment shall be in such mmuser as
to not interfere with the usual travel on said streets, alleys and public
ways and the use
of the same by gas, electric, telephone and water and
sewer linea and equipment.
¢ TEMFORARY REMOVAL OF WIRES FOR BUILDING MOVING. The Comp-
any shall,n the request of the City, temporarily raise or lower its
wires to permit the moving of buildings.
f. NO PROPERTY RIGHT. Nothing in this agreement shall grant
to the Company any permanent rights in City -owed property, car shall
the City be compelled to maintain any of its property any longer than,
or in any fashion other than in the City's judgment its own business or
needs may require.
g. NON -LIABILITY OF CITY. The City shall not be liable for
any damage occurring to the property of the Company caused by employees
of the City in the performance of their duties, nor shall the City be held
liable for the interruption of service by actions of City employees in
the performance Of their duties,n r shall the City be held liable for the
failure of the Company to be able to perform normal service due to acts of
Cod.
h. PERMITS EASEVENTS AND AGREEMENTS, The City shall not be
required to assume any responsibility for the securing of any rights of
way or
easements, my shall the City be responsible for securing any
permits or agreements with other persons or utilities.
i. UNDERGROUND INSTALUTION REQUIRED. The Company shell lo-
cate its installations underground in those areas of the City presently
served by underground utilities. Nothing in this agreement shallprevent
the City from requiring, in the future, relocation of the Company's in-
stallatia underground, at the Company's expense, in those areas of the
City where other utility installation are installed Or relocated underground.
Section 5. CONSTRUCTION APPROVAL BY CITY - CORRECTION OF DEFECTS
The Company shall not erect any pole, run any line, make any attach-
ment, nor
shall any construction of any kind be countered without the prior
approval of the City Council i accordance with Chapter II, Article 15,
Section 3 and Chapter VII, Articled of the Laws and Ordinances of the
City of Bangor. Tne City shall have and maintain the right to inspect
the construction, operation and maintenance of the system by the Company
to insure the proper performance of the terms of this agreement. In the
event the Company should violate any of the teams of this Agreement, o
any of the rules and regulations as may be from than to time lawfully
adopted, the City shall immediately give to the Company thirty (30) days'
written entice to correct such violation, and in the event the Company
does not make such co ¢
ection within thirty (30) days from the receipt
of such writ[ notice, the City my make such correction itself am
charge the cost of same to the Company.
Section b PROHIBITION F G Li RADxo s oN SALB3,
SERVICES AND REPAIRS
The Company, any and all of its
officers, agents, and employees,
are specifically prohibited from engaging in the sale, service,ental, or
leasing of television receivers, radio receive,r television o radio
receiver
related parts and a with any person anywhere in the City
whether for a fee or charge or not. The Company shall prohibit any of its
officers,agents, and employees from violating the term of this section at all
times, whether In the performance of duties of the Company or otherwise.
Section ] e ANR OR
REGB TRU PUBLIC MLITIEB
a. PAY TELEVISION The Company shall not engage in the business
of PAY TELEVISION, that is, the sale of programs, on a program to program basis.
b. HBSIC TO BUSINESSES INC. The: Company shall have the right
but not the exclusive right to contract for or otherwise provide a
music
service a
which is originated by the system or pro red from any other source
other than fron signals broadcasted by duly authorized broadcasting stations
to any business, professional or commercial establishment.
c. RRCW4@MO SERVICE TheCompany,any and all of i officers,
agents, and employees shall not indicate and shall not recommend, in Say manner
specific sale o eestablishment or individual tobe for the sale of
service of any television set.
d. PUBLIC SERVICE The Company shall provide community antenna
television service to all public and parochial schools, the Bangor Public
Library, City owned recreational center buildings, City Hall, City Police
Station, City Fire Stations, City Utility Plants, and the City Hospital,
providing such installations are within the City limits. The Company agrees
that there will be no monthly charge for its srand that there will be
no installation charge for bringing the service tocthe exterior of the building
or buildings above described.
e. EDUCATIONAL SERVICE The Company shall reserve
a television
channel for the a of educational institutions within theCity limits for the
origination of educational television telecasts and the interconnection of all
said educational institutions.
Section B. SERVICE STAgSSSHS
a. The Company shall maintain and operate the system and render
efficient
service nordan with the rules and regulations a may
be set forth in the v
City Council: provided, however, the Company shall operate
the systemo that there will be o interference with television reception,
radio reception, telephone communications o other installations which are now
or may hereafter be installedandin use by the City or any persons in the City.
b. The Company shall carry all signals of eery television starlet
where the unity antenna television system t r towers and antenna
are community
within the Federal Communications Commission approved
predicted Grade B contour line of that television station. The television
signals at no time shall be altered, interrupted, or blacked out in any way by
the Company.
c. The Community antenna television system shall maintain at all
times:
1. Use all band equipment capable of passing the entire
VHF television and FM radio spectrum.
2. Equipment that passes standard color television signals
without degradation and with no phase shift and no
effect on color fidelity and intelligence.
3. Provide a minimum level of 1,000 microvolts at the
input terminals of each TV receiver on the line.
4. Provide that the system and all equipment be designed
and rated for 24 hours per day continuous operation.
5. Provide a signal to noise ratio of not less than
forty-six decibels.
6. Provide a television signal with a hum modulation less
than three percent.
J. Use components having voltage standing wave ratio of
1_4 or less.
8. Provide an inter -modulation distortion not to exceed
minus forth -six decibels.
9. Provide that the plot of gain versus
s frequency across
any s megacycle.. channel is tobeflat plus or
minus one decibel.
d. The Company shall provide and keep accurately calibrated test
equipment on hand in the City at all tloss for the testing of all service and
operational standards outlined in this Agreement and shall conduct these tests
as requested by the City under the supervision
of a City representative in
order to establish the level of performance of the system.
a. The Company shall provide o e local a channels
in addition to other channels provided for in thisne2Agreement.Thee local service
channel shall provide local weather, information and time with continuous FT[
background music.
Section 9. COMPANY RULES.
The Company shall have the authority to promulgate such ruled,
regulations, terms, and conditions governing the conduct of its business as
s
shall be reasonably necessary to enable the Company to exercise its rightsand
to performits obligations under this Agreement and to assure ainterrupted
service to each and all its customers; provided, however, that such rules,
regulations, terms, and conditions shall not be inconflict with the provisions
hereof and shall be filed with the City and shall be subject to the approval of
the City.
Section 10. WQAb OFFICE -RESIDENT MdNAGER
The Company shall, throughout the entire duration of this Agreement
maintain a office open e
the public during all reasonable business M1ours within
the City, and the Company shall require one of its officers and/or principal
stockholders to be a Resident Manager of the system, and such person shall
side and be active in the management of the system in the City throughout the
duration of this Agreement.