Charter Township of Midland, MI
Midland County
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[HISTORY: Adopted by the Township Board of the Charter Township of Midland 1-19-1972 by Ord. No. 15. Amendments noted where applicable.]
For the purposes of this chapter the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the single number include the plural number. The word "shall" is always mandatory and not merely directory.
The Township Board of the Township of Midland.
The business of transmission and distribution of television signals, including radio signals, by means of a cable to private subscribers and does not include the operation of a master television antenna system, the distribution system of which is confined to private property.
The holder of a permit issued pursuant to this chapter.
Any person, firm, partnership, association, corporation, company or organization of any kind.
Any public highway and right-of-way thereof in the Township without regard to how such highway may be designated or named, and shall further be, in all cases, construed to mean the entire width of such highway and right-of-way thereof unless the context shall indicate that a lesser portion of such highway is intended.
The Township of Midland.
No person shall provide CATV service within the limits of the Township without first obtaining a permit as hereinafter provided in this chapter.
Permits to provide CATV service hereunder will be granted by the Board as hereinafter provided and shall be applied for by written application in form approved by the Township Supervisor and filed with the Township Clerk, which application shall include, but not be limited to, the name of the applicant; the local business address; the principal officers or owners; the principal stockholders if a corporation; the location of the antenna tower or towers; a general description system in the Township, showing the area proposed to be served and indicating whether the applicant will require poles in the Township streets or whether cables and appliances to be utilized by it in Township streets will be located on existing poles of utility companies; the service to be provided and the rates to be charged, including installation charge per location, the service charge for one receiver and for each additional receiver on the same premises; and the approximate date service is to begin, including subsequent dates if system is to be constructed in phases.
Each applicant shall attach to his application an authenticated statement of financial condition and net worth, sufficient in form and content so that the Board may readily determine its financial responsibility and its ability to finance the proposed undertaking.
The permittee shall save the Township harmless from all loss sustained by the Township on account of any suit, judgment, execution, claim or demand whatsoever resulting from the construction, operation, or maintenance of its television system in the Township. The Township shall notify the permittee within 30 days after the presentation of any claim or demand, either by suit or otherwise, made against the Township under which the permittee would be liable as set forth above. Such notice shall be given, in writing, to the person and at the place indicated in the application for the permit.
The permittee shall provide insurance in such form as shall protect the Township and itself from and against any and all claims for injury or damage to persons or property, both real and personal, resulting from the construction, erection, operation, or maintenance of said television system pursuant to the authority of the permit granted hereunder, in limits of not less than $500,000 for personal injury or death of any one person, $1,000,000 for personal injury or death of persons in any one occurrence and $25,000 for damage to property resulting from any one occurrence. Each policy shall provide for 10 days' notice, in writing, to Township of change in the policy or cancellation of same.
The permittee shall have the right, so long as its permit is in force and effect, to utilize the streets of the Township to the extent set forth in its application or as otherwise provided by the Board in its permit for the transmission of television and radio signals, as herein authorized, from its antenna location or locations to the premises of subscribers. The permittee may erect all such wires, cables and appurtenances in the said streets, subject to approval, in writing, to Township Supervisor of the placement of any such poles or ground-level appurtenances; or the permittee may, at its option, authorize, subject to the same conditions as to the placement of poles and ground-level appurtenances, the installation of such cables appurtenances by others on a lease, rental, fee or other basis, and all such wires, cables, conduits, appurtenances and poles placed or installed by others for the use of the permittee shall exist and continue to exist solely by authority of the permission granted to said permittee.
Use. All transmission and distribution structures, lines and equipment erected by the permittee or on its behalf within the Township shall be so located as to cause minimum interference with the reasonable use of streets, and to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of said streets.
Restoration. In case of any disturbance of pavement, sidewalk, driveway or any landscaping or other surfacing, the permittee shall, at its own cost and expense and in a manner approved by the Township Supervisor, replace and restore all paving, sidewalk, driveway or surfacing of any street or alley disturbed in as good a condition as before said work was commenced, and shall maintain the restoration in an approved condition for a period of five years.
Relocation. In the event that, any time during the existence of a permit granted hereunder, the Township shall lawfully widen, realign or otherwise alter the street right-of-way, or construct, reconstruct, realign, change the grade of or otherwise alter street or sidewalk, pavement or any water main, fire hydrant, sewer or appurtenance, the permittee and anyone acting for it in connection with the use of the streets, upon reasonable notice by the Township, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense.
Underground installation. In areas of the Township having telephone lines and electric utility lines underground, whether required by ordinance or not, all of the permittee's lines, cables and wires shall be underground. It shall be the policy of the Township that existing poles for electric and communication purposes be utilized whenever possible and that underground installation, even when not required, is preferable to the placing of additional poles.
Construction standards. The permittee's distribution system in the public streets shall comply with all applicable laws and regulations and ordinances, and all its wires and cables suspended from poles in the streets shall comply with the minimum clearances above the ground required for telephone lines, cables, wires and conduits.
Permit fee. The permittee shall pay to the Township for the privilege of operating a CATV system under the permit granted pursuant to this chapter a permit fee equal to a sum equivalent to 5% of the annual gross operating revenues received by it, and not refunded, in fees from service charges to subscribers located within the Township, payable quarterly. This percentage figure shall be subject to review at the end of each five-year term. Nothing in this chapter shall exempt any permittee from the payment of ad valorem taxes on its property or equipment or on the income earned by it or from any other tax which it might be validly obligated to pay if it were not subject to the permit fee herein imposed.
[Amended 3-8-1972 by Ord. No. 15A; 3-29-1972 by Ord. No. 15B]
Special service. The permittee shall, at the option of the Township, provide free CATV service to buildings owned by the Township, free drop installation to also be included excepting where, due to unusual installation conditions, the cost of such would considerably exceed a usual CATV drop installation; in such case, the excess cost to be paid by the Township. The installation referred to above does not include interior of building CATV distribution systems or TV sets.
Annual financial statement. The permittee shall file with the Township Clerk annually an audited statement of revenues received from its operation under its permit issued pursuant to this chapter within 60 days after the close of its fiscal year; shall make its financial records relating thereto available to the Township for inspection, at a place designated by it within the Township, at any reasonable time; and shall maintain separate records as to its business conducted pursuant to its permit issued hereunder.
The permittee's receiving and distributing equipment and facilities shall be constructed, operated and maintained so as to provide usable signals at subscribers' television receivers essentially of the same quality as received at the antenna site.
The permittee shall, in the operation of its CATV system, comply with all applicable laws, ordinances and rules, regulations and requirements of the Township, the State of Michigan and federal regulatory agencies.
The permittee shall not originate or insert advertisements in any network program distributed by it, except that advertisements may be inserted in locally originated programs.
The permittee shall not, without prior approval of the Board, utilize the streets of the Township for the furnishing of the service commonly known as "Pay TV." Nothing herein contained shall be deemed to prohibit, as incidental to the transmission of television signals, the origination and transmission of weather, time, local civic events and civil defense announcements, or programs for which no additional charge is made.
The permittee shall not repair, service, or sell television or radio receiving sets, parts or accessories to its CATV subscribers.
The permittee shall make its CATV service available to all residents of the Township who can be reached by its distribution system as mutually agreeable between the Board and permittee.
The Board shall grant a CATV permit hereunder to each applicant who makes proper application as determined by the Board, establishes its qualifications as herein set forth, furnishes the required insurance and assurances and who establishes that its operations will not impose an unreasonable burden on the Township streets. No permit granted hereunder shall be exclusive.
[Amended 3-8-1972 by Ord. No. 15A]
Each permit issued hereunder shall be for the term of five years and each five years thereafter, until terminated as herein provided.
Permits granted hereunder are not transferable except upon approval of the Board. The proposed transferee shall file an application in form approved by the Township Supervisor and shall satisfy all other requirements of this chapter.
The permittee may surrender its permit at any time, in which event it shall refund all prepaid and unearned service and other charges collected from subscribers.
The Board may terminate the permit of any permittee who shall default in any of its obligations hereunder, except for causes beyond the reasonable control of the permittee, provided that the permittee shall be given 60 days' written notice to correct any such default or noncompliance before the Board may proceed to terminate the permit under this section. The permittee shall be entitled to a hearing before the Board to determine the propriety of termination of the permit by it pursuant to this section, and the decision of the Board shall be final.
Upon termination of its permit, the permittee shall at its own expense remove from the Township streets all its facilities and equipment therein utilized by it in its CATV operation, unless the Board shall specifically authorize it to leave all or part of such facilities and equipment in place.
The permittee shall furnish free, without monthly fees or installation charges, its standard community antenna television facilities, CATV, to all schools, fire and police stations in Midland Township, providing that such building is within 400 feet of an existing line of the system, and provided further that the permittee will not have any responsibility or cost as to any wiring inside the public buildings.
Any person who shall violate the provisions of this chapter shall be subject to a fine of not more than $100 or imprisonment in the County jail, not to exceed 90 days, or both such fine and imprisonment, in the discretion of the court.
This permit is granted subject to the right of the Township and the permittee to renegotiate the terms of this permit at any time after the effective date of this permit upon 30 days' notice to the permittee if federal or state regulations substantially alter the service, conditions or standards upon which the CATV system is to operate.