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HomeMy WebLinkAbout1965-11-16• 1 U November 16, 1965 The Lansing Town Board met in regular session at the Lansing Town Hall on November 16, 1965 at 8 P.M. with Supervisor Dates presiding.. Harris B. Dates Fred Spry Floyd Ferris James Kidney Charles Howell Kenneth Tarbell Donald Sharpsteen Robert Williamson Jane C. Bush Visitor: Mr.�Ceracche, ROLL CALL Supervisor Present Justice Present Justice Present Councilman Present Councilman Present Assessor Chairman Present Highway Superintendent Present Atty. P "resent Clerk Present The Supervisor opened the meeting having the clerk take the Roll Call and read the minutes of the October 12, 19, 21, 27 and November 4th meetings. All minutes approved as read. The Supervisor introduced Mr. Ceracche who in turn explained in detail his proposed plan for installing T.V. cable within the Town of Lansing. He requests 20 subscribers per mile. Cayuga Heights Rd. to the Stone House Inn, Graham Road and Dart Road to be done presently. Ludlowville, Myers and South Lansing should be serviced in approximately one year. In the not too densley populated areas he can not promise. After all questions were answered, the following resolution was offered: RESOLUTION by Mr. Kidney and seconded by Mr. Spry: /� �5 t7rre /,7 5 WHEREAS, the Town Board of the Town of Lansing has held a public meeting on the 12th day of October, 1965 relative to a proposed franchise agreement between the Town of Lansing and the Ceracche Television Corporation, and WHEREAS, said public hearing was held after due notice required by law; and WHEREAS, no'one appeared in opposition to said franchise at said hearing; NOW THEREFORE BE IT RESOLVED, that the said franchise be and the same hereby is granted effective immediately. Resolution carried, all present voted aye. Discussion of Water District #1: Attorney Williamson advised the Board that he had the rights -of -way from Armand Adams. A purchase offer is being drawn up for negotiations between Lansing Water Works Corp. and the Town of Lansing, after which time a meeting will be called. R. DiAngelo, Contractor, to start work approximately Dec. 1st. A Resolution has been passed by the County authorizing the Town of Larising to purchase water on a temporary basis from Cornell University and Tompkins County. Mr. Dates has been informed that Mr. Shull is financing a sewer project involing properties of Catherwood, Butler, Talandis and Shull. Said project being approved by the Tompkins County Board of Health and will be temporarily hooked on to Cayuga Heights. After completion, they will request the Town to form a district of same. RESOLUTION by Mr. Kidney and seconded by Mr. Spry: RESOLVED, that the Supervisor be and he hereby is authorized and directed to execute an agreement with James Nedrow and wife, relative to a proposed Town road from Lake Ridge Road to Hollenbeck property and be it further RESOLVED, that the Town accept same as a town highway, and be it FURTHER RESOLVED, that the Town Highway Superintendent construct said road in accordance with said agreement, said road to be known as Cuddeback Drive. Resolution carried, all present voted Aye. F 1 r RESOLUTION by Mr. Ferris and seconded by Mr. Spry: RESOLVED,, that the Supervisor and the Town Attorney, contact the U.S. Postal Dept. relative to a consolidation of the Myers, Ludlowville, South Lansing Post Offices and Rural Routes coming into the Town, into one centrally located Post Office for the Town of Lansing, to be known as the Lansing Post Office. Carried, all present voted Aye, AUDIT RESOLUTION BY Mr. Kidney, seconded by Mr. Spry: RESOLVED that General Fund bills #187 through #228 totalling $3,151.82 and Highway bills #271 through #298 totalling $22,014.99 be and the same are hereby approved for payment. Carried all present voted Aye. v The Supervisor presented his monthly report and explained same in detail. Filed same with Town Clerk. The meeting was adjourned at 10:25 P.M. Town Clerk December 10, 1965 On December 100 1965 at 10 :00 A.M. at the Lansing Town Hall, Highway Superintendent Sharpsteen and Jane Bush, Town Clerk, opened bids for one car as advertised in the Ithaca Journal. One bid was received as follows: Erie J. Miller, Inc. . . . . . . . $2,030900 Mr. Sharpsteen advised the bidder that their bid would be studied and presented to the Town Board on December 14, 1965. V L`eg, Not�eeS NOTICE TO BIDDERS`= Town of Lansing Highway Depart- ment will receive sealed bids at the office of the Town Clerk. Lansing Town Hall, for one car. Said bids will be opened at 10:00 a.m., Eastern Standard Time, December 10, 1965, at Lansing Town Hall. Specifications may be obtained at the office of the Town Clerk, Lansing Town Hall. South Lansing, New York. The right to reJect all bids is ex.' pressly reserved. ;DONALD SHARPSTEEN' . r 4 ToanNHl_ghway',Superintendent' Town Clerk (? / Z 1- EA 'I I C7 J ' Town Clerk (? / Z 1- EA 'I I C7 1 1 TOWN OF LAZING TELE �e0�� r_965,TO NCHISE GRANTED THE / C�' DAY OF M 11 CERACCHE TELEVISION CORPORATION FIRST: That CERACCHE TELEVISION CORPORATION, with offices at 518 West State Street, Ithaca, New York, be and it hereby is granted a franchise to use the town streets, highways and public places or any part thereof, or the spaces under them as well as town -oumed poles over which the town has or may have control, for the purpose of installing and running television shielded- wire cable to carry television signals and to connect such wire, equipment or other apparatus as may be necessary to permit connection from the cable to homes or business establishments in the town; and to construct, maintain, operate and keep in repair upon or over the.public streets, highways and public places in the town, a line or lines of wire or other conductors together with all necessary feeders, service wires and apparatus; and to install, maintain and keep the same in repair for a period of 25 years from and after the date of this ordinance. SECOND: This franchise shall remain in full force and effect for a period of twenty -five years from the date of.its enactment. However, this franch may be revoked in the event the franchise holder shall fail to comply with the terms and conditions herein set forth within 50 days after written notice of such failure has been received by the.franchise holder. THIRD: The franchise holder, by acceptance of this franchise, shall be deemed to have accepted the following conditions: (a) Any person and /or corporation may purchase television sets, from any source without any liability to the holder of this franchise; (b) The holder of this franchise shall be required.to permit any individual or corporation to have access to its facilities subject only to payment of the following alternate rates to be selected at the option of such individual or corporation: 1. INSTALLATION CHARGE: First installation charge shall not exceed $50.00. Each additional outlet installation charge shall not exceed $25.00. I 1 MULTIPLE DWELLINGS (Installation.purchased by landlord): First installation charge shall not exceed $50.00. This installation shall be transferable. Each additional installation shall not exceed $25.00. Additional installation shall not be transferable to a different address or a different apartment at same address but may be sold with the property. 2. RENTAL CHARGE : Rental.charge for five -channel service shall not exceed $3.50 per month. Rental charge for twelve- channel service shall not exceed. $4.50 per month.' Rental charge for first extra outlet in the same family residenti unit shall not exceed $.50 per month. Rental charge. for each additional extra outlet in same family residential unit.shall not exceed $.25 per month. Rental charge for each extra outlet in all commercial establishments shall not exceed $1.00 per month. 3. SUSPENDED. SERVICE: There.shall be no charge for disconnecting service and no monthly rental charge while service is disconnected. Charge for reconnection of service to same family at same dwelling shall not exceed $4,50. 4. TRANSFER: Transfer of cable service to a different address where service is available shall not exceed $10.00. 5. CHANGING LOCATION OF CABLE* Charge for relocating cable in the same room shall not exceed $5,00. Charge for relocating cable in another room in the same family residence unit •shall not exceed $10.00. Charge for relocating cable which requires re- running cable outside the dwelling shall not exceed $10.00. 6. TERMINATION BY FRANCHISE HOLDER: Franchise holder may disconnect service when payment of of installation charge or monthly rental charge is more than sixty days past due. If service is disconnected by reason of non - payment, a charge of $4.50 shall be made for reconnection upon payment of past -due account. 7. Franchise holder may add to the above.. charges without further consent of the Town Board the proportionate share of any taxes, excluding real property and income taxes, which may hereafter be imposed upon the franchise holder. 8. Installation may be disconnected if user attempts to -run more than one set at one time on each installation. or permits anyone else to do the same, or tampers with the lines in any way. 9. An increase in the maximum charges hereinabove described shall be granted by the Town Board from and after the date of the enactment of this franchise upon ;s,ubmission to the Town Board I 1 1 1 by the franchise holder of evidence of increased costs of operation including maintenance and capital improvements in an amount on with such increase. (c) The franchise holder shall furnish subscribers with reception from a minimum of five T.V. channels. However, in the event the F.C.C. shall limit the number of channels which the franchise holder shall be permitted to furnish, this franchise shall remain in full force and effect subject to compliance with such F.C.C. rules and regulations. (d) In the event that the franchise holder shall furnish subscribers with reception from 12•or more T.V. channels, the monthly rental cherg_emay be increased as hereinabove provided. FOURTH: The holder of the franchise shall at all times keep in effect, the following insurance coverage: (1) Workmen's Compensation Ihsurances on all employees engaged in installations of service of its equipment; (2) Public Liability Insurance, insuring against personal injury in the amounts of.$100,000. -00 and $3000000000, and insuring against property damage in the amount of $50,000.00, with the Town of Lansing as a named insured. 'FIFTH: No poles or wires are to be '" in talled under &"�XQ,, -. XMMY-2v town highways and no excavations of any type shall be done or caused to•be done unless permission in writing is first obtained from the Town Superintendent of Highways of-the Town of Lansing. Nothing herein contained shall deprive the Town Superintendent of the right to require the removal of such poles or wires if they interfere with proper use of the highway or if removal is required by law. Prior to excavating under a town highway, the franchise holder shall deposit $250.00 with the Town Clerk to insure .proper reconstructi of the highway by the franchise holder which sum shall be returned to the franchise holder upon the superintendent!s certification that replacement has been made satisfactorily. In the event that a change is made in the grade or in alignment of a town highway by the Town Superintendent or by his authority whic} shall necessitate the removal of any poles, wires, transmission or distribution lines to conform to the change, the corporation shall make the necessary changes in its lines at*its own expense promptly on notice by the Town Superintendent Df Highways. If trees in the town highway right of way interfere with erection Y of poles, or the stringing of wires on cables in accordance with the terms of this-franchise, written permission for removal of such trees or any-part thereof shall first be obtained from the Town Superintendent and from the owners of abuting properties. In all highway installations, the cables or wires erected shall comply in all respects with the provisions of all codes pertaining to the extension of wires across highways. Co -axial or comparable cable shall be used to carry the TV signal through the highway installation and messenger or comparable cable shall be used to carry the co -axial or comparable cable across the highways, The corporation shall save and keep the town harmless against all loss or damage to persons or property caused by construction, laying, maintenance and operation of any of its lines or by any other of the corporation, pursuant to the authority granted by this franchise. SIXTH: The Town of Lansing reserves the right to examine the books and records of the franchise.holder at all reasonable times. i SEVENTH: The franchise holder shall pay to the Town of :Lansing Town Board annually on or before June 25th, a sum equal to one percent.(la) of the; gross income from its cable installation and monthly rentals within the town. With each such payment, the franchise holder shall file with the Town ry Board a return.stating the gross income or gross operating income derived d from its services to the inhabitants of the Town of Lansing for the 12 calendar months preceding each such return. Every ,return shall have annexed thereto an affidavit of the owner or of a principal officer of the corporation to the effect that the statements contained therein are true. The above described payment shall cover the period from the date of the first installation of service in the Town of Lansing which preceded the granti of this franchise. d� 8 EIGHTH If any provisions contained in this franchise, or any clause or any phrase thereof, shall be held to be unconstitutional or void for any reason, all other //provisions not so held shall be and remain in full force and effect. AiC Q