ORD1983465ORDINANCE #465 (As Amended)
(Re: Cable TV Franchise)
0 THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAIJKESHA COUNTY, WISCONSIN, DO ORDAIN AS FOLLOWS:
SECTION 1: Section 12.19 of Chapter 12 of the Municipal
Code ?a hereby amended to delete all references to RVS Cablevision
Corporation, Wauwatosa, blisconsin and replace with Ingrrsoll
Cable Corporation, a whol.1~ owned subsidiary of Ingersoll Indus-
triee, Inc.. Lake Forest, Illinois. w
SECTION 2; Section 12.19(3)(w) is hereby deleted in
lts entircjty,
SECTION 3: Section 12,19(4)(a)l. is hereby amended to
1. There id hereby granted by the City the right, read as follows:
privilege and franchise to construct, operate, and maintain a CATV
years, this time period to begin one month after the passage, system in the streets of the City for a period of fifteen (15)
acceptance and effective date of Ordinance #465, subject to the
rights, obligations, conditions and restrictions as hereinafter @ provided,
SECTION 4: Section 12.19(5)(a)6. is hereby amended to
6- Ingerooll Cable Corporation will begin construction
read as follows:
of the cable eyetern with,in one week of acceptance and effective
date of Ordinance U465. The Grantee will have a minimum of 25%
of the cable eystem completedwitllillfour (4) months, assuming that
the weather for this four (4) month period is acceptable for
underground construction. Within one (1) year of acceptance and
effective date of Ordinance U465, the entire initial cable system
wlll be completed. Initial cable service area shown on attached
up (Exhibit A),
c
e L
8. The Grantee NhtL11 furnish the Public Welfare Comnit-
with the first Public Welfare Committee meeting after the
tee of the Common Counc:Ll with monthly progress reports commencing
acceptance and effective date of Ordinance #465.
mud as follows:
SECTION 6: Section 12.19(6)(d)l.und 2. are hereby amended to
1. This Ordinance and its terms and provisions shall be
uccepted by the Grantee by written instrument executed and
ucknowledged by it as a deed is required to be, and filed with
the City Clerk within twenty (20) days after the passage of this
Ordinwnce. Euch written inbltrument shall state and express the
ucceptance of this Ordinance and its terms, conditiontl und provi-
uionsi and said Grwntee shull uyree in suid instrument to abide
by, to obuerve and perPorm umo, und decluru thut stutoment and
rucituls herein are correct und thut it hus nude und doutl make
this agreement, statemerlts and admitisions in this Ordinance recited
to have been or to be mtrde.
2. This Ordinance shull tuke effect twenty (20) duys after
its final passage and publicution provided such formal acceptance
hereof of the terms und conditions by the Grantee as herein provided
in form approved by the City Attorney and the acceptance fee of
87,500.00 (which includes $1,500.00 legal ~fees),_
in the form~ofcertiiied or cishier~'~s check shall both
huve been filed and deposited with the City Clerk withln such twenty (20) days. The Grantee shall also bear the publications Costs
for this Ordinance. If one or both of the aforementioned is not filed or deposited as required, this Ordinance shall not take effect
but shall be null and void. The instrument of acceptance or an executed Counterpart thereof shall be filed for record in the office
Of the Register Of Deed:; at the Grantee's expense within thirty (30)
days after the same is filed with the City Clerk. The recorded
City Clerk.
copies of such acceptance shall be obtained and preserved by the
.' c . . c. ~ ". . . . .. .- ~. -- -
SECTION 7: Section 12.19(7)(b)l.a. is hereby deleted
a. The Grantee shall provide the following television
W"J, Milwaukee, Wis.consin,, Channel 4 WITI, Milwaukee, Wisconsin, Channel 6 WS, Milwaukee, Wisconsin, Channel 10
WISN, Milwaukee, Wisconsin, Channel 12 WTV, Milwaukee, Wisconsin, Channel 18
WCGV, Milwaukee, Wisconsin, Channel 24
WVCY, Milwaukee, Wisconsin, Channel 30 WT, Milwaukee, Wisconsin, Channel 36
WCUI, Milwaukee, Wisconsin, Channel 55
WGN, Chicago, Illinois, Channel 9 WTTW, Chicago, Illinois, Channel 11 WFLD, Chicago, Illinois, Channel 32
WHA, Madison, Wisconsin, Channel 21
WTBS, Atlanta, Georgia, Channel 17 WORD New York, Channel 9 c-SPAN
ESPN-
Nickelodeon
The Weather Channel
The Health Channel
CNN
USA - MTV
Financial News
SECTION 8: Section 12.19(7)(b)l.d. is hereby added as
d. The Grantee shall also carry as add-on services,
HQme Box Office
Showtime
The Disney Channel
in its entirety and amended to read as follows:
channels in the basic service package:
e
". . _" - . ..
.
follows:
but not limited to the fclllowing:
SECTION 9: Section 12.19(7)(b)2. and 3. are hereby
deleted in their entirety.
4. Educational Access Channel: Upon the inauguration of the cable system's subscriber service the Grantee shall provide
one fully operational channel for educational use. This channel
shall be provided without: charge for a period of fifteen (15) years,
said time commencing at completion of the cable system basic trunk
line. Continuation of this channel shall be determined by the
Common Council. The Grantee will provide 52 broadcasting hours
per year within the Muskego City Limits. 0
SECTION 11: Section 12,19(7)(b)6. is hereby amended to
read as follows: 6. At the written request of the Common Council and
the School Board, one(1) additional local origination channel
poses. This channel shall be available within six (6) months of
shall be made available for both government and educational pur-
this written request at no charge to the City.
SECTION 12: Section 12.19(7) (b)7. and 12.w) (c)l., 2., 3., and 5. are hereby deleted.
'SECTION 13: Section 12.19(7)(d)l. is hereby added as follows:
voice transmitter in the cmunications center of the Police Station. m 1. The Grantee wil'l provide an emergency override
SECTION 14: Sectioln 12.19(8)(b) is hereby amended to
read as follows: (b) The cable syst,em shal1"'be engineered and equipped
.so as to possess an initial capacity of thirty-six (36) channels.
The system shall also be capable of providing, if need and market
additional cable.
demand so require, fifty-four (54) channels without having to lay'
SECTLON 16: Sectiorr 12.19(9)(a)Z.a. (i) is hereby
amended to read as follows: (I) For a first ou1:let to provide basic service to
rcotdential oubscriberu, LI monthly fee of $8.00. l:or add-on
setvlceu, a monthly fee ol $8.00 would be churged for each add-on
service. 0
to read as foflows: SECTION 17: Section 12.19(9)(a)8. is hereby amended
~~~~~ -~ ~ 8. The rates established in subsectlon (9) (a) 2. and
e (9) (a) 4. above shall not be subject to increase through the
first two years following the acceptance and effective date of
Ordiance 11465.
SECTION 18: Section 12.19(9)(a)9. is hereby amended to
add a fourth paragraph as follows: If Grantee is constructing on a private roadway, Grantee
is not required to construct if easements cannot be obtained.
SECTION 19: Section 12.19(9)(8)10. is hereby added as followa:
10. The Grantee will include service to subscribers
located within 350 feet of the initial service area at the normal
installation charges, with a time and material cost basis per foot for thoss auhcribera beyond 350 feet. The Grantee will provide
the subscriber with a written quotation prior to performing the inatallation,
..
SECTION 20: Section 12.19(17)(a) and (b) are hereby added
as follows:
(a) The Grantee will lower to the ground and dismantle the
original police tower located next to the Police Station within
Grantee is the owner of the new tower erected on the city-owned
two weeks after effective date of this ordinance. That the
property near the Police Department. That the Grantor hereby
grants to the Grantee the right to have such tower located on the
land owned by the city for fifteen (15) years from the date of the
whichever comes first. That the Grantee's right to maintain such granting of this franchise or until the termination of such franchise,
tower shall always be at the Grantee's expense and subject to all
applicable governmental laws, ordinances, rules, etc. That said
tower shall be maintained at the sole expense of the Grantee. That
the Grantor and others with its consent shall have the right without
make use of said tower and related equipment at no charge to the
charge to install upon the tower its communication equipment and
Grantor. The Grantor and Grantee agree that if the franchise is
ment installed by it on the premises if requested to do so by the
terminated, the Grantee shall leave the tower and accessory equip-
Grantor. If the Grantor makes such a request, the Grantor shall
pay to the Grantee the fair market value of the tower as may be
mined by the average of two bonafied appraisals; one appraisal
agreed between parties; or in the absence of agreement, as deter-
being secured by each party. The Grantor retaining the right not
to purchase said tower and equipment until making its decision
after review of both appraisals.
e
(b) The Grantee will place an earth station dish and a
building to house head-in electronics on the City-owned pro?erty
knourn as the old PZuskego SettleEent Park with the approval of the Plan
Commission. SECTION 21: Section 12.19(18) is hereby added as follows:
(18) The Grantee will install a conduit and cables for data
work to be done at no cosst to the City.
transmission between the City Hall and the Police Station. This
SECTION 22: Section 12.19 (18) is hereby trdded a8 follows:
(10) The Citizen's Committee is a committee formed of 8
members appointed to review matters concerning Cable TV, and make
recommendations to the \$elfare Committee. A representative from
the Grantee shall appear at the Citizen's Committee's scheduled
meetings, not to exceed one a month, unless by mutual agreement.
SECTION 23: All Ordinances or parts of Ordinances inconsis-
tent with or contravening; this Ordinance are hereby repealed.
0 SECTION 24: This Ordinance shall be in full force and effect
twenty (20) days after its passage and publication and formal
acceptance by the Grantee. (w '"131183 -%OC(CIyS=* lb/,,)
,
1983.
Passed and Approved this llthday of October
Y''
..I,: ...,.. :..
ivayne Salentine, Mayor !i. 1:.
-4-
ORDINANCE #465
AN ORDINANCE TO AMEND CHAPTER 12.19 OF THE MUNICIPAL
CODE OF THE CITY OF MUSKEG0 I,
(Re: Cable TV Franchise) ., i
,/
COUNTY, WISCONSIN, DO ORDAIN AS FOLLOWS:
THE COMMON COUIJCIL OF THE CITY OF MUSKEG,^, WAUKESHA
./,
Code is hereby amended to delete all referenceg'to RVS Cablevision
SECTION 1: Section 12.19 of Chapter X2 of the Municipal
Corporation, Wauwatosa, Wisconsin and replace with Ingersoll
Cable Corporation, a who.Lly owned subsidiary of Ingersoll Indus-
tries, Inc., Lake Forest, Illinois.
SECTION 2: Section 12.19(3)(w) is hereby deleted in
its entirety.
read as follows:
SECTION 3: Se,-tion 12.19(4)(a),l. is hereby amended to
privilege and franchise to construct, operate and maintain a CATV
system in the streets of the City for a period of fifteen (15)
years, this time period to begin one month after the passage,
acceptance and effective date of Ordinance #465, subject to the
provided.
rights, obligations, conditions and restrictions as hereinafter
1. There is h'sreby granted by the City the right,
SECTION 4: Section 12.19(5)(a)6. is hereby amended to
a. Ingersoll Cable Corporation will begin construction
read as follows:
of the cable system within one we'ek of acceptance and effective
date of Ordinance #465. The Grantee will have a minimum of 25%
of the cable system completed with four (4) months, assuming that
the weather for this four (4) month :period is acceptable for
underground construction. Within one (1) year of acceptance and
will be completed. Initial cable service area shown on attached
effective date of Ordinance #465, the entire initial cable system
map (Exhibit A).
SECTION 5: Section 12.19(6)(d)4. is hereby added to
read as follows:
4. Upon acceptance and effective date of Ordinance
#465 a re-franchising fee of $6,000 shall be paid by the Grantee
to the City of Muskego within one week of that date.
SECTION 6: Sqtion 12.19 (7)(b)l.a. is hereby deleted
a. The Granteie shall provide the following television
WTMJ, Milwauki,e, Wisconsin, Channel 4
WITI, Milwaukee, Wisconsin, Channel 6
WMVS, Milwaykee, Wisconsin, Channel 10
WISN, Milwaykee, Wisconsin, Channel 12
WVTV, Milwa.ukee, Wisconsin, Channel 18
WCGV, Milwiukse, Wisconsin, Channel 24
WVCY, Milwaukee, Wisconsin, Channel 30
WMVT, Milwaukee, Wisconsin, Channel 36
WGN, Ch$cago, Illinois,
WCIU, Milwaukee, Wisconsin, Channel 55
Channel 9
WTTW, Chccago, Illinois, Channel 11
WFLD, C$icago, ~llinois, Channel 32
WHA, M,adison !, Wisconsin, Channel 21
WTBS, +tlanta I, Georgia Channel 17
C-SPAN'
WOR New Yorl: Channel 9
ESPN /
Nickqlodeon
The peather Channel
i!realth Channel
Financial New:;
in its entirety and amended to read as follows:
channels in the basic service package:
MT
e
1 1
B
SECTION 7: Section 12.19(7)(b)l.d. is hereby,'added
d. The Grantee shall also carry as add-on services,
Home Box Office
The Disney Charmel
Showtime
as follows:
but not limited to the following: 1
SECTION 8; Section 12.19(7)(b)2. are hereby
deleted in their entirety.
SECTION 9: Section 12.19(7)(b)4. hereby amended to
4. Educational Access Channel: the inauguration of
read as follows:
the cable system's subscriber service shall provide one
fully operational channel for channel shall
be provided without charge for
said time commencing at
line. Continuation of this channel shalt1 be determined by the
Common Council.
SECTION 10: Section 12.19(7f(b)6. is hereby amended to
read as follows: 1
the School Board, one (1) origination channel
shall be made and educational pur-
poses. This six (6) months of
6. At the Common Council and
this written request.
12.19(7)(~)1.,
2., 3., and 5. are hereby delete
hereby added as
override
follows:
Police Station.
SECTION 13: 12.19(8)(b) is hereby amended to
read as follows:
so as to possess an capacity of thirty-six (36) channels.
The system of providing, if need and market
demand so channels without having to lay
shall be engineered and equipped
additional cable.
(8)(c) is hereby deleted.
SECTION 15: ,ection 12.19 (9)(a)2.a.(i) is hereby
amended to read as fol s c'ws:
s,t outlet to provide basic service to
, a monthly fee of $8.00. For add-on
of $8.00 would be charged for each add-on
service.
Section 12.19 (9)(a)8. is hereby amended
not be subject to increase through the
es established in subsection (9) (a) 2. and
ng the acceptance and effective date of
to read as
Ordinance #465.
added as f
Section 12.19(17)(a) and (b) are hereby
Grantee will lower to the ground and dismantle
c?r located next to the Police Station.
he approval of the Plan Commission.
(?e will place an earth station dish
SECTION 18: Section 12.19(18) is herebyk'added as
(18) The Grantee will place in the pho,ne utility room
follows: /,
ment required to collect and
located in the basement c'f
television. The Grantee shall pay a of $25.00 per
month to the City of Muskego.
SECTION 19: Al.1 Ordinances or of Ordinances
inconsistant with or contravening this are hereby
repealed.
SECTION 20: This Ordinance full force and
effect from and after its; passage and
f G. Salentine, Mayor
ATTEST:
City Clerk