Faith Independent - Pioneer Review

Page 18 • April 10, 2013 • The Faith Independent
LEGALS Legal Newspaper for the City of Faith • Faith School District 46-2 • Meade County • NWAS
Continued from previous page
of property owners who adjoin any of the
said streets, alleys or other public ways
and places, and said poles or towers
shall be removed by Company whenever
the Town’s Engineer reasonably finds
that the same restrict or obstruct the operation
or location of any future streets
or public places in the Town of Faith,
South Dakota.
2. Construction and maintenance of
the transmission distribution system
shall be in accordance with the provisions
of the National Electrical Safety
Code, prepared by the National Bureau
of Standards, the National Electrical
Code of the National Board of Fire Underwriters,
and such applicable Ordinances
and regulations of the Town of
Faith, South Dakota, affecting electrical
installation, which may be presently in effect,
or changed by future Ordinances.
3. In case of disturbance of any
street, sidewalk, alley, public way, or
paved area, the Company shall, at its
own cost and expense and in manner
approved by the Town Engineer, replace
and restore such street, sidewalk, alley,
public way, or paved areas in as good a
condition as before the work involving
such disturbance was done. Company
shall not be required to pay a fee for
street openings.
4. If at any time during the period of
this Ordinance the Town shall lawfully
elect to alter or change the grade of any
street, sidewalk, alley, or other public
way, the Company, upon reasonable notice
by the Town, shall remove, relay and
relocate its poles, wires, cables, underground
conduits, manholes and other fixtures
at its own expense.
5. The Company shall have the authority
to trim trees that are overhanging
the streets, alleys, sidewalks and public
ways and places of the Town so as to
prevent the branches of such trees from
coming in contact with the wires and cables
of the Company.
6. Company shall, at its expense, protect,
support, temporarily disconnect, relocate
on the same street, alley or public
place, or remove from the street, alley or
public place, any property of Company
when required by the Town by reason of
traffic conditions, public safety, street vacation,
freeway and street construction,
change or establishments of street
grade, installation of sewers, drains,
water pipes, power lines, signal lines,
and tracks or any other types of structures
or improvements by governmental
agencies when acting in a governmental
or proprietary capacity, or other structure
of public improvement; provided, however,
that Company shall in all cases
have the privileges and be subject to the
obligations to abandon any property of
Company in place.
7. Any property of Company to be
abandoned in place shall be abandoned
in such a manner as the Town may prescribe.
8. Company shall file, update, and
maintain with Town, a map showing the
location of all additional underground cables
and equipment installed after the
date of this Ordinance, together with a
statement showing the nature of the
same. The map shall comply with that required
by SDCL 49-7A.
9. The Town shall have the right to
reasonably inspect all construction or installation
work performed subject to the
provisions of this franchise and make inspections
as it may find necessary to ensure
compliance with the terms of this
franchise and other applicable provisions
of law. All inspections shall be completed
by a licensed engineer, at the Town’s expense
and shall not place an unreasonable
burden upon Company.
10. Company shall provide copy of
the annual performance test, if any, or
waiver, required by the Federal Communications
Commission within 60 days
after receipt of said test or waiver by the
Company.
SECTION XIV - OWNERSHIP AND
REMOVAL OF FACILITIES
All cable and passive equipment for
cable television reception service installed
by Company at a subscriber's location
shall remain the property of
Company and Company shall have the
right to remove said cable and equipment.
Upon termination of service to any
subscriber, the Company shall promptly
remove all its above ground facilities and
equipment from the premises of
such subscriber upon his request.
SECTION XV - ASSIGNMENT OF
ORDINANCE
The Company shall not assign this
Ordinance to another person without
prior approval of the Board, which approval
shall not be unreasonably withheld.
No further approval shall be
necessary, and this Ordinance shall be
valid, applicable, and effective as to all
future transfers or assignments by West
River Cable Television, Inc. to all subsidiaries
which currently are or in the future
become the property of West River
Cable Television, Inc. or West River Cooperative
Telephone Company, Inc.
SECTION XVI - PAYMENT TO THE
TOWN
During the term of the rights granted
hereunder, and so long as the Company
operates said system, the Company
shall pay, as compensation to the Town,
a sum equal to three percent (3%) of the
annual total gross receipts which are received
for cable service rendered within
the City Limits of Faith. “Gross receipts”
shall consist of those revenues derived
from the monthly service charges paid
by the subscribers for basic cable service
and premium pay services, such as
HBO. Gross receipts shall not include
revenues received as installation
charges, and fees for reconnections, inspections,
repairs, or modifications of
any installation, or other services provided,
and all State and Federal Taxes
relating thereto.
The payments that Company makes
to the Town shall be in lieu of any occupation
tax, license tax, or similar levy by
the Town and shall be paid on an annual
basis, payable to the Town within 60
days after the end of the annual period.
Each payment shall be accompanied by
a financial statement clearly showing the
gross revenue attributed to the franchise
operation, under oath from an official or
representative of the Company having
the requisite knowledge to make such a
statement certifying the gross revenues
on which payment is based.
This amount payable by the Company
to the Town shall be the sole
amount payable for all of its rights under
this Ordinance including, but not limited
to, the use of the streets and other facilities
of the Town in the operation of the
Cable System and for the municipal supervision
thereof and shall be in lieu of
any other occupational tax or franchise
fee.
For any tax or fee which the Company
is legally obligated to collect or pay,
including the fee referenced herein
payable to the Town, the Company shall
have the right to charge the subscribers
an additional amount equal to such fee
or tax.
SECTION XVII - DURATION AND
RENEWAL OF ORDINANCE
The rights, privileges and authority
granted under this franchise shall take
effect from final passage of the Ordinance
granting the franchise as provided
by law. The rights granted to Company
herein shall, except as provided in this
Section, terminate twenty (20) years
from the effective date of this Ordinance
which Ordinance shall be subject to renewal
pursuant to the provisions of the
Cable Communications Policy Act of
1984 applicable to new ordinances that
are in the nature of a franchise. Pending
final completion of renewal proceedings,
the Ordinance shall remain in effect even
if the original twenty (20) year term has
expired. If this Ordinance is not renewed
or if it is revoked for cause by the Town,
the transfer of Company's system shall
be governed by Section 627 of the Cable
Communications Policy Act of 1984.
SECTION XVIII - MISCELLANEOUS
Complaints regarding the quality of
service, equipment malfunctions and
similar matters shall first be directed to
Company’s office. Should Company fail
to satisfy a Complaint, it may then be directed
to the Town Finance Officer for investigation.
The complaining party and
Company shall be afforded a reasonable
opportunity to present written statements
of their position. The Finance Officer
shall attempt to resolve the Complaints
and, if this cannot be achieved, he or she
shall submit a recommendation to the
Town, which shall either (1) dismiss the
complaint, or (2) specify corrective steps
to be taken by Company. Appeal from
the Town’s action may be made to the
appropriate judicial or administrative
forum.
SECTION XIX - MODIFICATION OF
OBLIGATIONS
In addition to any other remedies provided
by law or regulation, Company’s
obligations under this Ordinance may be
modified, at its request, in accordance
with Section 625 of Cable Communications
Policy Act of 1984 as it now exists,
or as hereafter amended.
SECTION XX - SEVERABILITY
If any Section, subsection, sentence,
clause, phrase or portion of this Ordinance
is, for any reason, held invalid or
unconstitutional by any court of competent
jurisdiction, or is superseded or preempted
by Federal Communications
Commission regulation, such portion
shall be deemed a separate, distinct and
independent provision and such holding
shall not affect the validity of the remaining
portions thereof.
SECTION XXI - PUBLICATION
The Company shall assume the
cost of any required publication of this
Ordinance.
Second Reading of Ordinance
No. 304:
Spencer made a motion, seconded
by Lightfield to approve the second reading
of Ordinance No. 304: Temporary
Liquor License. Roll call vote – Nolan –
no. Five yes votes. Motion carried.
ORDINANCE NO. 304.
AN ORDINANCE ESTABLISHING
PROCEDURE FOR THE ISSUANCE
AND REGULATION OF SPECIAL
EVENT ALCOHOL LICENSING IN THE
CITY OF FAITH, SOUTH DAKOTA AND
FOR AMENDMENT TO TITLE 5, CHAP-
TER 5.01 “ALCOHOLIC BEVERAGES”
OF THE REVISED ORDINANCE OF
THE CITY OF FAITH.
BE IT ORDAINED AND ENACTED
BY THE COUNCIL OF THE CITY OF
FAITH, STATE OF SOUTH DAKOTA, AS
FOLLOWS:
Section 5.01. Effective April 30, 2013,
Sec. 5.01 of the Revised Ordinances of
the City of Faith, South Dakota, is hereby
amended to read as follows:
Sec. 5.0113, Special Event Alcohol
Licensing.
5.0113.1 SPECIAL EVENT LICENSE:
For purposes of this ordinance, a
special event within the municipality is
defined as an event or activity conducted
by any generally recognized civic, charitable,
educational, fraternal, or veterans
organization with an active chapter located
within the City, or any qualified licensee
licensed pursuant to SDCL
§35-4-2(4), (6), or (16). To obtain the
Special Event License the applicant shall
submit an application stating their qualifications
for a Special Event License on
a form consistent with the requirements
of SDCL 35-4-124 and providing all additional
information required by the City
Finance Office to meet the requirements
of this ordinance.
5.0113.2: SPECIAL EVENT ALCO-
HOLIC LICENSE REQUIREMENTS:
A. A special malt beverage retailer's
license may be issued in conjunction
with a special event, as defined at Section
5.0113.1 herein, within the City to
any qualified civic, charitable, educational,
fraternal, or veterans organization
or any qualified licensee licensed pursuant
to SDCL §35-4-2(4), (6), or (16) in
addition to any other licenses held by the
special events license applicant;
B. A special on-sale wine retailer's license
may be issued in conjunction with
a special event, as defined in Section
5.0113.1 herein, within the City to any
qualified civic, charitable, educational,
fraternal, or veterans organization or any
qualified licensee licensed pursuant to
SDCL §35-4-2(4), (6), or (12) or SDCL
Ch. 35-12 in addition to any other licenses
held by the special events license
applicant;
C. A special on-sale license may be
issued in conjunction with a special
event, as defined in Section 5.0113.1
herein, within the City to any qualified
civic, charitable, educational, fraternal, or
veterans organization or any qualified licensee
licensed pursuant to SDCL §35-
4-2(4) or (6) in addition to any other
licenses held by the special events license
applicant; or
D. A special off-sale package wine
dealer's license may be issued in conjunction
with a special event, as defined
in Section 5.0113.1 herein, within the
City to any qualified civic, charitable, educational,
fraternal, or veterans organization
or any qualified licensee licensed
pursuant to SDCL §35-4-2(3), (5), (12),
(17A), or (19) or SDCL Ch. 35-12 in addition
to any other licenses held by the
special events license applicant. A special
off-sale package wine dealers licensee
may only sell wine manufactured
by a farm winery that is licensed pursuant
to chapter 35-12.
E. The fee for each special malt beverage
retailer's license, special on-sale
wine retailer's license, and special offsale
package wine dealer's license will
be Twenty Five Dollars ($25.00) per day.
The fee for each special on-sale liquor license
shall be Twenty Five Dollars
($25.00) per day.
F. A public hearing is required before
approval and issuance of any license
under this section.
G. Any licenses issued pursuant to
this section may be issued for a period
of time established by the city council not
exceeding fifteen (15) consecutive days.
H. Any non-profit licensee under this
section may not be issued more than
Three (3) Special Event Licenses for a
total of fifteen (15) days during a single
calendar year.
I. Any special events license applicant
under this Ordinance shall provide
a list of all employees, members, or
other clerks who will be serving alcohol
at the special event and proof that all
such employees, members, and/or
clerks have successfully completed an
alcohol training program approved by
the State of South Dakota.
J. Any special events license applicant
under this Ordinance shall set forth
on its application detailed plans for the
erection of a physical barrier to allow for
multiple uses of the licensed premises
by persons of all ages and to ensure that
persons under the age of twenty-one are
not permitted access to the area reserved
for the sale of alcoholic beverages.
K. This license may be issued pursuant
all additional requirements of
SDCL § 35-4-19(2) and § 35-4-124, including
the procedural regulations
adopted by a Resolution of the Council
and pursuant to then current terms and
conditions of the Operating Agreements
issued by the Council to all other licensed
establishments within the City of
Faith.
Committee Meetings:
Donn Dupper and Cindy Frankfurth
gave a report.
Dig Pit at Landfill:
Donn Dupper stated that a pit is
needed to be dug at the landfill as soon
as possible as the current pit is almost
full. Lightfield made a motion, seconded
by Nolan to approve to advertised for
sealed bids to be open at the April 16,
2013 meeting to be completed as soon
as possible, but by June 1st, 2013
weather permitting. All yes votes. Motion
carried.
Quotes on Boring for Fiber:
Boring is needed to install some fiber.
Donn Dupper called for three quotes:
Wescott Construction – $14 a foot
plus mileage and couldn’t do until May
1st
Dakota Direct – $14 a foot plus
mileage and couldn’t do until May 1st
Ralph McQuirk – $13 a foot plus
mileage and could do March 20th
Spencer made a motion, seconded
by Hellekson to approve Ralph McQuirk
to bore where Dupper has specified. All
yes votes. Motion carried.
Donation of Longhorn Mount:
Rusty and Julie Foster family would
like to donate a large longhorn mount to
the City for the gymnasium. Council
agreed and a big thanks to the Foster
family.
Ropes and Goats:
Karen Miller asked the City of Faith
for the use of the Fairgrounds again for
Ropes and Goats. She has already
talked with the Stock Show. Spencer
made a motion seconded by Hellekson
to approve the use of the Fairgrounds as
long as there is insurance with Stock
Show as they did last year. Motion carried.
Executive Session – Legal:
Riley made a motion, seconded by
Inghram to retire into executive session
at 7:31 PM to discuss legal. Mayor
Haines left the room when it became a
conflict of interest.
President Inghram declared the
Council out of executive session at 8:15
PM.
Discussion on potential problems:
Discussion was held in regards to distances
between buildings and temporary
housing but no action was taken.
Executive Session – Possible
Litigation:
Riley made a motion, seconded by
Lightfield to retire into executive session
at 8:27 PM to discuss possible litigation.
Mayor Haines declared the Council
out of executive session at 8:50 PM.
Lightfield made a motion, seconded
by Riley to adjourn. Motion carried.
_______________________________
Glen Haines, Mayor
________________________________
Debbie Brown, Finance Officer
Published april 10, 2013 for a total approximate
cost of $311.24
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