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(A) (1) The franchisee shall, without charge for installation, maintenance or service, make single installations of its standard CATV service facilities to those public buildings operated by the town, when the building is located on the franchisee’s system and when the system is constructed consistent with the requirements of this chapter.
(2) The installations shall be made at the reasonable locations as shall be requested by the Board of Alderpersons. Any charge for relocation of the installation shall, however, be charged at actual cost.
(3) Additional installations at the same location may be made at normal charge. No monthly service charges shall be made for distribution of the franchisee’s signals within the publicly owned buildings.
(B) In addition, the franchisee shall, without charge for installation, maintenance or service, make single installations of its standard community service facilities at any other town facility identified in the franchise agreement. Further, no installation to any of the abovementioned locations shall be made until requested in writing by the Board of Alderpersons.
(Prior Code, § 4.1-38) (Ord. passed 9-19-1979)
(A) Charges to users of the franchisee’s production facilities for public access programming shall not exceed actual costs incurred. The charges shall be publicly posted and made available at no cost to anyone upon request.
(B) Charges shall be clearly and completely stated in the operating rules for public access programming. The charges may be amended only upon approval by the Board of Alderpersons.
(C) The franchisee shall furnish standard playback facilities and labor at actual cost incurred for the public access channel.
(Prior Code, § 4.1-39) (Ord. passed 9-19-1979)
FRANCHISE AGREEMENT ADMINISTRATION
The franchisee shall have no recourse whatsoever against the town or its officers, boards, commissions, agents or employees for any loss, cost, expense or damage arising out of any provision or requirement of the franchise or because of its enforcement.
(Prior Code, § 4.1-40) (Ord. passed 9-19-1979)
(A) The franchisee shall not be relieved of its obligation to comply promptly with any of the provisions of the franchise by any failure of the town to enforce prompt compliance.
(Prior Code, § 4.1-41)
(B) Neither the provisions of this chapter nor any bonds accepted by the town pursuant hereto, nor any damage recovered by the town hereunder, shall be construed to excuse unfaithful performance by the franchisee or limit the liability of the franchisee under this chapter or the franchise for damages, either to the full amount of the bond or otherwise.
(Prior Code, § 4.1-45) (Ord. passed 9-19-1979)
The franchisee shall indemnify and hold harmless the town at all times during the term of the franchise and shall specifically agree that it will pay all damages and penalties which the town may legally be required to pay as a result of granting the franchise. The damages and penalties shall include, but not be limited to, damages arising out of copyright infringements and other damages arising out of the installation, operation or maintenance of the CATV system authorized by the franchise, whether or not any act or omission complained of is authorized, allowed or prohibited by the franchisee. In case suit shall be filed against the town, either independently or jointly with the franchisee, to recover for any claim or damages, the franchisee, upon notice by the town, shall defend the town against the action and in the event of a final judgment being obtained against the town, either independently or jointly with the franchisee, solely by reason of the acts of the franchisee, the franchisee will pay the judgment and all costs and hold the town harmless therefrom.
(Prior Code, § 4.1-43) (Ord. passed 9-19-1979)
The franchisee shall be required to maintain insurance in the forms and in the companies as shall be approved by the Board of Alderpersons, with the town named as the coinsured, the approval not to be unreasonably withheld, to protect the town and franchisee from and against any and all claims, injuries or damages to persons or property, both real and personal, caused by the construction, erection, operation or maintenance of any aspect of the system. The amount of the insurance shall not be less than the following:
(A) General liability insurance.
Bodily injury, per person | $500,000 |
Bodily injury, per occurrence | $1,000,000 |
Property damage, per occurrence | $500,000 |
(B) Automobile insurance.
Bodily injury, per person | $100,000 |
Bodily injury, per occurrence | $300,000 |
Property damage, per occurrence | $300,000 |
(C) Coverage may be changed from time to time during the term of the franchise.
(D) Worker’s compensation insurance shall also be provided as required by state law.
(E) All the insurance coverage shall provide a 30-day notice to the Town Administrator/Town Clerk in the event of material alteration or cancellation of any coverage afforded in the policies prior to the date the material alteration or cancellation shall become effective.
(F) A certificate of coverage for all policies required by this section shall be furnished to and filed with the Town Administrator/Town Clerk prior to the commencement of operations or expiration of prior policies, as the case may be.
(Prior Code, § 4.1-44) (Ord. passed 9-19-1979)
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