[HISTORY: Adopted by the Township Board of Trustees of the
Township of Lawrence 4-13-1989 (Ord. No. 12 of the 2005 Code). Amendments noted
where applicable.]
An ordinance granting to Class Communications, Inc., a Michigan
corporation, a nonexclusive franchise to construct, operate, and maintain
a cable communication system in Lawrence Township for the purpose
of receiving, amplifying and distributing television and radio signals
and other cable communications service within the Township of Lawrence.
It is hereby granted by the grantor to the grantee a nonexclusive right, privilege and franchise to construct, operate, and maintain a cable television system in the Township of Lawrence, County of Van Buren, Michigan, for an initial franchise term of 15 years from the date of passage of this agreement, and a renewal option of two successive five-year periods. It is expressly understood and agreed, however, that the grant of this franchise is subject to the provisions of Article VII, Sections 19, 27, and 30 of the Michigan Constitution of 1963, an all applicable statutes.
The grantor reserves the right to grant one or more franchises
for similar uses of streets and roadways to any person at any time.
The grantee at all times shall comply with all applicable federal,
state and local laws, and adhere to all rules and regulations set
forth by the Federal Communications Commission (FCC), or its successor
agencies.
A.
The grantor shall not at any time be liable for any injury or damage
occurring to any person or property from any cause arising from the
use, operation, or construction of the grantee's cable system.
B.
The grantee shall indemnify, save and hold harmless the grantor from
all liens, charges, claims, demands, suits or other judgments, and
liabilities that are connected in any way with the installation, operation,
construction or maintenance of the grantee's cable system.
C.
The grantee shall obtain at the time, or within 30 days of construction,
and shall keep in force during the entire term of this agreement,
and any renewal thereof, a policy of comprehensive insurance as follows:
D.
The grantee shall furnish a certificate of insurance to the grantor's
satisfaction for the above, with such insurance to carry the grantor
as an also or additional insured.
A.
The cable system shall have a minimum capacity of 60 television channels,
having 22 channels of programming available to all subscribers from
the cable system's initial activation.
B.
The grantee shall deliver free-of-charge cable service to all Township-
or county-owned buildings that are situated in the cabled area, where
cable has been laid.
C.
The grantee's cable system shall not interfere in any way with any
resident's present television reception.
D.
The cable service shall not be mandatory to any resident, and may
be canceled by any subscriber at any time without obligation.
E.
The cable system shall make technical personnel available to respond
to all trouble calls within 24 hours.
F.
The cable system shall be technically sound and meet all FCC requirements.
G.
The grantee shall provide without limitation or charge, and without
a monthly fee, one connection to the Township Hall building and to
all area school buildings, where cable has been laid.
H.
The grantee shall make available a toll-free or local telephone number
to be answered 24 hours a day to receive customer complaints, and
response to complaints will be generally made within one business
day (Monday through Friday) of the complaint date.
I.
If the grantee must go overhead with cable, the grantor agrees to
allow the grantee the right to trim branches, where necessary, to
keep lines free and clear for periodic maintenance.
J.
The grantor will recognize, in case of default, any financial institution
that the grantor borrows from for the purpose of financing this project
to be holder of this agreement.
A.
The grantee shall move any of its facilities at no charge for the
grantor if the grantor so requests 72 hours in advance.
B.
The grantee shall move any of its facilities for the relocation of
a house or other purposes not owned by the grantor and charge the
relocating party actual time and material for such relocation.
C.
The grantee shall restore any property owned by the grantor or any
property owner, which may be disrupted by the installation of the
grantee's cable system solely at the grantee's own expense.
Any breach, violation, or failure to abide by the provisions of this franchise shall be cause for termination, providing that the grantor notifies the grantee of such breach or violation, in writing, and allows the grantee 90 days to correct such violation to the satisfaction of the grantor. It is expressly understood and agreed, however, that this franchise is subject to the provisions of Article VII, Sections 19, 27 and 30 of the Michigan Constitution of 1963, and all applicable statutes.
Nothing contained in this franchise shall exempt the grantee
from any state or local tax, levy, or assessment which is or may be
hereafter authorized by law.
The grantee shall not transfer, authorize, or assign controlling
interest of its cable system without the expressed written consent
of the grantor, provided such consent shall not be unreasonably withheld.
Transfer of this franchise to affiliated companies of Class Communications,
Inc. is hereby authorized.
A.
Unless preempted by a federal law or regulatory body, pursuant to
federal law, the grantee may, subject to the approval of the Township
Board, adjust the rates for cable television service as may be necessary,
providing all subscribers are notified of any change at least 30 days
prior to the effective date of such rate change and the filing of
such rate change with the Township Clerk prior to such rate changes
taking effect. Any proposed rate changes shall first be submitted
to the Township Board for review and approval or rejection. Upon receipt,
thereof, the Board shall conduct a hearing thereon at its next regularly
scheduled public meeting or at a special meeting scheduled therefore
pursuant to statute in such case made and provided. At such hearing,
the grantee may submit such other evidence and testimony as it deems
necessary and pertinent to the issue of rate change and the Board,
prior to making its determination, shall allow any interested Township
resident to speak thereon and to present such evidence and testimony
as such resident has to offer pertinent to the issue. The decision
of the Township Board thereon shall be final. Any cost for publication
or charge for a special meeting shall be paid by the grantee.
B.
The initial rates for cable service shall be as follows:
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Basic service (20 channels)
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$14.95 per month
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Premium service I
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$9.95 per month
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Premium service II
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$9.95 per month
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Initial installation
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$25.00*
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Additional installation
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$25.00**
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Reconnect
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$25.00 each time
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Change of service
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$25 each time
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Disconnect
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No charge
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Converter fee
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$40.00 deposit
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Remote control
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$1 per month
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*
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Initial installation is free if hooked up within the first 90
days of the system activation.
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**
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There is a $2 charge per month for each additional outlet.
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In consideration of the grant of this franchise, the grantee
shall pay to the Township franchise fees of 5% of the gross cable
revenues. Such sum shall be paid to the Township no later than February
1 and August 1 of each year, of the preceding six months. The subscriber
reports of the grantee will be made available to the Township Board
and its accountants for review and examination upon demand at any
reasonable hour in relation to the collection and payment of the annual
franchise fee.
Class Communications, Inc. shall signify its acceptance of this
franchise by filing a written notification thereof with the Township
Board within 30 days from the adoption of this chapter and approval
by the Township supervisor. The franchise shall become effective on
the date such acceptance is received by the Township Board.
