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Page 16 • 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 werder. Final Resolution: Motion Carries. Yea: Heidgerken, Rausch, Aker, Bertolotto, Niederwerder. Motion to approve the Union Contract with Dispatch, Jail and Maintenance as proposed. Motion by Aker, second by Rausch. Final Resolution: Motion Carries. Yea: Heidgerken, Rausch, Aker, Bertolotto, Niederwerder. 17. Consent Calendar Action (Consent), Discussion: A. Consent Calendar Motion to Approve Items on Consent Calendar. Motion by Rausch, second by Niederwerder. Final Resolution: Motion Carries. Yea: Heidgerken, Rausch, Aker, Bertolotto, Niederwerder. Action (Consent), Minutes: B. Commission Minutes March 5 & 6, 2013 The March 5 & 6, 2013 Minutes were pulled. Motion to approve the minutes of March 5 & 6, 2013 with the following addition of adding Niederwerder as the motion maker (Action, Discussion: G. Recovery of Past Overpayments by the County in FICA Taxes / Salary and Technology Allowance (Review Previous January Decision). “Motion to break out the Commissions’ tech allowance from their regular wage, and prepare a written document for substantial need for each Commissioner along with a finding that the $150.00 per month is reasonably related to the usage and need. Motion by Niederwerder, second by Aker. Motion Carries. Yea: Heidgerken, Aker, Bertolotto, Niederwerder. Nay: Rausch.” Motion by Aker, second by Rausch. Final Resolution: Motion Carries. Yea: Heidgerken, Rausch, Aker, Bertolotto, Niederwerder. Action (Consent), Minutes: C. Commission Minutes March 11, 2013 Action (Consent): D. Auditor's Account with County Treasurer AUDITOR'S ACCOUNT WITH COUNTY TREASURER To the Honorable Board of County Commissioners Meade County: I hereby submit the following report of my examination of the cash and cash items in the hands of the County Treasurer of this County as of April 1, 2013. Total amount of deposits in banks – 80,699.54 Total amount of actual cash – 3,220.30 Total amount of checks and drafts in Treasurer's possession not exceeding three (3) days – 49,980.21 ITEMIZED LIST OF ALL ITEMS, CHECKS, and DRAFTS WHICH HAVE BEEN IN THE TREASURER'S POS- SESSION OVER THREE (3) DAYS: Postage – 1,019.70 CD/Savings – 802,573.15 Pioneer Bank – $702,573.15 First Interstate – $100,000 Farmers State Bank First Interstate Bank Special Checking – 497,303.11 Farmers State Bank – 21,166.96 First Trust – 0.00 First Interstate Bank Savings – 1,030,817.95 Flex Account – 29,446.59 Wells Fargo Mail, cc pending – 811.11 Insuff. Funds – 18.83 TOTAL – 2,517,057.45 Action (Consent): E. Register of Deed's Report The sum of $23,807.00 was collected. Action (Consent): F. Approval of Claims for Payment SALARIES: Commissioners – $6955.00, Auditor – $11452.85, Treasurer – $22035.95, States Attorney – $28863.29, Maintenance – $24378.68, DOE – $40688.98, ROD – $12298.48, Vet Service Officer – $3879.42, Human Resources – $7735.30, Sheriff – $88162.73, Jail – $62204.91, Coroner – $1275.00, Fire Protection – $9184.00, County Nurse – $4141.06, Weed & Pest – $7105.26, Highway – $73863.52, Communications – $21611.41 EXPENSES BY DEPARTMENT: COMMISSIONERS: SD Assoc of County Comm. – $400.00, R Heidgerken – $236.80, G Niederwerder – $81.40, A Aker – $71.93, First Interstate Bank – $813.66, Faith Ind. – $757.48, Riata Wranglers – $242.92, BHWG – $494.50, Ramkota Inn – $177.98 JUDICIAL SYSTEM: S Mailloux – $26.28, D Hartford – $32.20, L Zelfer – $24.06, D Fink – $24.80, K Pi $50.74, J Biegler-Matt – $61.80, T VanPelt – $21.10, C Olson – $66.24, D Biers – $64.80, C Bruch – $5.92, A Cressy – $65.54, W Estes – $50.74, S Harrison – $57.40, E Jensen – $51.48, J Oldert – $98.10, R Price – $101.80, L Rowley – $67.76, P Stoffel – $69.24, J Aimonetto – $10.74, P Aitken – $24.80, V Albert – $11.48, K Anderson – $24.80, M Antonsen – $55.18, J Atkinson – $32.20, M Austin – $59.58, C Bergstrom – $21.10, J Boerboom – $15.92, C Brenner – $41.08, E Bryant – $10.74, R Cook – $24.80, M Cordes – $10.74, P Daly – $28.50, L Even – $24.80, R Feist – $22.58, T Finch – $27.02, S Francis – $24.80, C Freeman – $10.74, T Gibbins – $11.48, B Gigliotti – $10.74, J Gonzalez – $24.80, R Gregg – $21.84, M Haines – $84.00, L Hance – $24.06, T Helland – $67.02, N Hinek – $10.74, L Hodgman – $68.50, A Isakson – $15.92, C Iseminger – $18.88, C Kammerer – $61.84, C Kramer – $80.34, M Lewis – $12.96, R Liggett – $28.50, P Long Fox – $38.86, K Lynass – $50.74, G Lyons – $50.74, R Manley – $64.80, S McConnell – $32.20, J McCormick – $28.50, D McNabb – $11.48, D Moll – $28.50, T Myers – $11.48, S Neiger – $28.50, E OGrady – $12.22, J Phillips – $11.48, K Rhodes – $21.10, M Ringgaard – $18.88, A Runestad – $10.74, B Russell – $11.48, K Sarratt – $50.74, B Schmidt – $35.90, C Schneider – $14.44, K Shelly – $22.58, M Shivers – $27.02, J Speck – $15.18, D Toothman – $61.10, K Tritsch – $50.74, K Van- Cleave – $35.90, K Varland – $72.90, C Weiss – $65.50, G Welke – $10.74, J Werlinger – $10.74, D Wilkinson – $21.84, J Williams – $23.32, K Zimbelman – $24.80, W Kovarik – $37.38, B Mertz – $24.80, H McNenny – $32.94, J Wilson – $21.10, Grocery Mart – $5.15, L Lehrkamp – $10.74, L Sogge – $64.80, C Bruch – $15.92, K Shawda – $64.80, G Biegler – $60.00, C Tipton – $84.78, C Bertolotto – $11.48, V Prascher – $50.74, Language Line Svcs – $41.11, W Gutzmer – $25.54, S Semerad – $17.00, G Dillin – $61.84, R Anderson – $64.80, R Bielefeldt – $64.80, J Ford – $53.70, Pizza Ranch – $261.62, G Olesen – $50.74, B Olson – $50.74, G Scharer – $61.84, M Stiefvater – $63.32, K Teter – $87.00, P Asmussen – $64.80, K Breuninger – $22.58, J Clark – $64.80, J Eckhart – $10.74, D Ericson – $10.74, K Fehr – $21.10, H Hanson – $55.92, C Hibbard – $25.54, M Hubbell – $63.32, C Isaacson – $12.22, T Lanning – $65.54, K Matt – $98.10, J Morgan – $26.28, S Pekron – $21.84, K Pippert – $10.74, K Rosane-Gunnare – $58.14, E Rust – $32.20, L Schweppe – $32.20, B Sisk – $15.18, R Symes – $34.42, A Walz – $13.70, J Weiland – $10.74, R Wise – $68.50, Dr. Merkwan – $754.00, J Howell – $102.60, Subway – $62.00, R Hymans – $266.00, R Labelle – $23.32, P Scott – $72.16, C Palmer – $61.84, Meade Co. Treasurer – $44.40, Penn Co. Sheriff – $420.00, R Dawson – $739.91 AUDITOR: Xerox – $236.46, Quill – $47.72, SDACES – $10.00, Dell – $370.48, SDACO – $175.00, Knology – $2.80, Meade Co. Treasurer – $329.05, Ramkota Inn – $177.98 TREASURER: SDACES – $10.00, City of Faith – $351.00, SDACO – $175.00, Knology – $19.18, Meade Co. Treas – $80.40, McLeod’s – $2927.00 COMPUTER: Verizon – $40.01, Knology – $229.99 STATE’S ATTORNEY: Verizon – $53.47, City of RC – $875.00, Weld Co. Sheriff – $49.48, S Semerad – $34.40, Chisago Co. Sheriff – $60.00, RC Regional Hospital – $26.25, B Flint – $20.00, J Howell – $64.60, L Havemeier – $200.60, C Harkins – $912.70, Redwood Toxicology – $105.00, Knology – $7.59, State Treasurer – $293.00, Sam’s – $10.00 ABUSED & NEGLECTED CHIL- DREN: Wilde & Hunt – $1712.50, R Haivala – $210.00 COURT APPOINTED ATTORNEY: K Thompson – $1539.15, Christensen Law – $3608.82, Gunderson Palmer – $1615.54, J Stielow – $6500.89, J Hilpert – $5862.76, J Ellingson – $238.22, Wilde & Hunt – $287.62, Grey Law – $1176.60, Oswald Law – $793.80, R Haivala – $3281.50, R Hymans – $885.52, Johns & Kosel – $446.49 GENERAL GOVERNMENT BLDG: BHP&L – $11944.06, Verizon – $160.43, Fedex – $22.43, MDU – $1560.32, A&J Supply – $9.84, BHChemical – $488.62, Campbell Supply – $245.13, Chris Supply – $116.64, M Gould – $1340.00, Crum Electric – $759.23, SimplexGrinnell – $1550.00, First Interstate Bank – 1302.52, Ecolab – $388.00, Swenson Plumbing – $887.55, CBH Coop – $332.42, Fedex – $124.71, Corrections Prod. – $1923.21, Skillpath Seminars – 31.90, Johnston Hardware – $36.48, Knology – $1326.31, Meade Co. Treas. – $205.00, Owens Interstate – $14.99, Sturgis Water – $1698.63, Security Plumbing – $1590.55, Town N Country – $3.50 DIRECTOR OF EQUALIZATION/ P&Z: Verizon – $387.54, Schneider Corp – $1815.00, Pro-West & Assoc – $1943.75, Sand Scripts – $84.00, Quill – $696.42, SDACES – $10.00, Vanguard Appraisales – $5450.00, First Interstate – $188.32, A&B Business Equip – $312.32, Pro West & Assoc – $4450.00, CBH – $256.38, SDN Comm. – $510.00, Qualified Presort – $1772.87, ESRI – $400.00, Knology – $18.99, Meade Co. Treas – $27.00, McLeod’s – $234.47, Owens – $42.03, Rushmore Office – $61.84 REGISTER OF DEEDS: Active Data – $4511.50, Xerox – $830.43, BH Embroidery – $323.88, SDACES – $10.00, Executive Mgmt – $72.00, SDACO – $175.00, Knology – $2.92, Rushmore Office – $75.94, Sam’s – $10.00 VETERAN SERVICE OFFICE: First Interstate – $61.66, Knology – $18.31, Rushmore Office – $72.28, Ramkota Inn – $88.99 HUMAN RESOURCES: SD Assoc of County Comm. – $100.00, Wellmark Blue Cross – $250.00, Verizon – $40.01, First Interstate – $434.94, CBH – $117.25, Knology – $1.80, Rushmore Office – $95.36, Ramkota Inn – $177.98 SHERIFF: Active Data – $74.64, Verizon – $889.52, LexisNexis – $162.00, SD Sheriffs Assoc. – $65.00, Knology – $80.44, Quill – $57.98, Centurylink – $85.28, Xerox – $525.57, Sturgis Napa – $18.98, Richters Tire – $155.95, L Cermak – $850.00, First Interstate – $916.44, Dakota Security Systems – $1174.98, CBH – $5299.40, Great Western Tire – $1415.96, First Interstate Bank – $48.95, Public Safety Equip. – $4410.90, Knology – $114.72, WABR – $4709.13, M Briscoe – $500.00, Logan’s Transmission – $2600.00, Nyacor – $251.43, Meade Co. Treas. – $25.00, Span Publishing – $169.00, Neve’s – $342.30, Owens – $27.98, Peterson Auto – $1068.07, Quill – $151.08 JAIL: Walmart – $28.77, SD Sheriffs Assoc. – $65.00, Sam’s Club – $185.50, BH Chemical – $632.78, Bob Barker – $684.54, Campbell – $46.47, Regional Health Phys. – $53.89, CBH – $81.17, US Foodservice – $5939.54, Shopko Pharmacy – $1184.38, Sturgis Reg. Hospital – $59.41, RC Regional Hosp. – $335.66, Earthgrains – $410.64, Cash- Wa – $4230.01, Chatsworth Gloves – $683.15, Earthgrains – $150.38, Knology – $6.05, Meade Co Treas. – $252.85, Moore Medical – $553.81, Neve’s – $79.00, Penn Co. Sheriff – $740.40, Rushmore Comm. – $110.00, Sam’s Club – $20.00 CORONER: R Brennick – $17.76, RC Regional Hospital – $379.00, Rushmore Office – $12.95, State Treasurer – $143.00 JUVENILE DETENTION CENTER: WSDJDC – $5400.00 WEED & PEST: Verizon – $63.46, Weed & Pest Conference – $115.00, Knology – $43.75, Sturgis Napa – $8.94, BHP&L – $167.12, SD Invasive Species – $250.00, Crop Prod. – $396.00, Campbell Supply – $2.88, First Interstate Bank – $260.51, CBH – $395.38, J & L Services – $205.00, Knology – $97.46, Pacific Steel & Recycling – $61.98, Meade Co. Treas. – $56.00, Servall – $71.80, SD Dept of Ag – $600.00, Sam’s Club – $10.00 HIGHWAY: BHP&L – $1173.29, Verizon – $53.47, Dakota Business – $80.20, Grand Electric – $275.64, Knology – $129.46, West River Electric – $245.95, A&B Welding – $128.92, Twilight First Aid – $54.05, Sturgis Napa – $256.82, BH Chemical – $119.97, Brosz Eng. – $3870.00, BHP&L – $318.22, Butler Machinery – $138.58, Campbell – $347.17, Crum Electric – $230.00, Kieffer Sanitation – $50.14, Dakota Fluid Power – $54.93, Titan Machinery – $53.81, Diesel Machinery – $2478.88, First Interstate – $194.16, John Deere – $907.41, CBH – $36134.11, Fastenal – $203.10, Great Western Tire – $398.55, Godfrey Brake – $2699.51, Grimm – $48.50, Johnston Hardware – $78.36, Lab Corp of America – $59.00, Kimball Midwest – $922.68, Enning Propane – $4958.80, O’Reilly Auto – $50.35, Light & Siren – $584.00, Aero Ind. – $343.00, Menards – $61.20, Owens – $673.43, Adams – $1655.50, Servall – $385.01, Sheehan – $4950.21, SDDOT – $3721.72, Town N Country – $19.19, West River Elec. – $170.03, West River International – $104.09 COMMUNICATIONS: Golden West Tele – $579.43, Centurylink – $1573.54, Xerox – $378.84, Butte Electric – $123.33, First Interstate – $107.46, Knology – $1.58, Owens – $129.98, Western Comm. – $282.60 FIRE PROTECTION: Aker Woods – $944.22, D Whitaker – $6454.00, Campbell supply – $43.97, CBH – $160.01, Chain Saw Center – $213.98, Whitewood VFD – $2000.00, Aker Woods – $2515.70, D Whitaker – $6382.50 SUPPORT OF POOR: SDAC – $50.00 COUNTY NURSE: State Treas. – $2060.00 MENTALLY ILL: State Treas. – $1981.10 MENTAL ILLNESS BOARD: Fox, Youngberg – $171.20, Audra Malcomb – $1626.15, RC Regional Hospital – $2483.84, L Lewno – $72.00, Shepherd Reporting – $27.50, Horn Law – $199.20, Lewis & Clark – $298.00, Penn Co. States Atty. – $645.00, Yankton Co. Sheriff – $50.00 FAITH CENTENNIAL: Western Dakota Antique – $750.00 COUNTY EXTENSION: Dakota Business Center – $33.45, CBH – $51.12, Knology – $2.62, Meade Co. Times – $36.00 EMERGENCY MANAGEMENT: BHP&L – $146.12, Verizon – $53.47, West River Electric – $88.59, BHP&L – $61.34, First Interstate – $231.00, EB Communications – $1088.00, Jacobsen Ford – $32.00, KRCS – $40.00, Ramkota Inn – $88.99, Western Comm. – $417.65 DOMESTIC ABUSE FUND: Crisis Intervention – $240.00 MODERNIZATION & PRESERVA- TION: Active Data Systems – $5245.00 24/7: 24/7 Sobriety Program – $330.00 LAW LIBRARY: LexisNexis – $305.00 PUBLIC LIBRARY: Piedmont Valley Library – $2695.00 VARIOUS FUNDS: Norwest Bank, matching Social Security - $30310.11, SD Retirement System, matching retirement – $26350.45, county share of health and life insurance – $81898.33. Action (Consent): G. Personnel Actions PERSONNEL ACTIONS Employee, Action, Effective Huston, S., Raise to $15.26/hour, 02/26/13 Droppers, M., Raise to $18.62/hour, 02/26/13 Harmon, G., Raise to $19.51/hour, 02/26/13 Simons, B., Raise to $15.73/hour, 02/26/13 Action: H. Daryl & Deborah Dickson have a final plat of Lots 2A, 2B, & 2C of Dickson Homestead Estates with a water variance in the SESW of 29-4-6 Action: I. Walter Haley has a final plat of Tract 1 of Annex Ranch Subdivision in the NWNW of 21-6-10 18. Adjourn Action, Procedural: A. Adjourn the Meeting Motion to adjourn the meeting. Motion by Rausch, second by Niederwerder. Final Resolution: Motion Carries. Yea: Heidgerken, Rausch, Aker, Bertolotto, Niederwerder. APPROVED: ___________________________ Robert Heidgerken, Chairman ATTEST: ________________________ Lisa Schieffer, Auditor Published April 10, 2013 at the total approximate cost of $301.50 ADVERTISEMENT FOR BIDS The City of Faith, South Dakota will be accepting sealed Bids for the digging of a pit at the City of Faith Landfill as per specifications on file in the Finance Office at the Faith Community Center, Faith, South Dakota. Sealed bids will be received up until 4:00 P.M. MDT on April 16, 2013. Bids will publicly be opened and read in the regular meeting room of the Common Council in the Faith Community Center at Faith, South Dakota at 7:15 P.M., M.S.T. on April 16, 2013. Each sealed bid must be clearly marked “digging of a pit at the City of Faith Landfill”. The City of Faith reserves the right to reject any and all bids and any and all portions thereof, and to waive any irregularities. By: Debbie Brown City Finance Officer City of Faith Faith, South Dakota Published April 3 & 10, 2013 for an approximate cost of $19.49 email us at faithind@faithsd.com
LEGALS Legal Newspaper for the City of Faith • Faith School District 46-2 • Meade County • NWAS April 10, 2013 • The Faith Independent • Page 17 Prodeedings of the Common Council City of Faith, SD The Common Council for the City of Faith, South Dakota met in regular session on March 19, 2013 at 6:30 P.M. in the Community Room of the Community Center. Mayor Haines called the meeting to order, Brown called roll call, and Mayor Haines led the Pledge of Allegiance. Council members present: Riley, Inghram, Nolan, Spencer, Lightfield and Hellekson. Others in attendance were: Donn Dupper, Cindy Frankfurth, Debbie Brown, Eric Bogue, Jon Collins, Colt Haines, Jeff and Mandi Brown, Loretta Passolt, Sandy Rasmussen, Travis Escott and Kelly Swan. Lightfield made a motion, seconded by Riley to approve the agenda as presented. Motion carried. Spencer made a motion, seconded by Lightfield to approve the minutes of the March 5, 2013 meeting with the following correction: Under the Last “Executive Session”: change “Mayor Haines was asked to leave the room” to “Mayor Haines left the room due to conflict of interest”. Motion carried. CLAIMS APPROVED: The following claims were presented and read: Utility Department, Salaries – $6,867.64; Finance Office, Salaries – $4,658.76; Police Department, Salaries – $4,564.94; Bar & Liquor Store, Salaries – $2,195.80; Janitor, Salaries – $1,317.58; Ambulance Department, Salaries – $4,530.04; James Crockford, Landfill Manager – $210.34; Angela Ostrander, Library Supervisor – $166.69; Linda Olson, Library Assistant – $976.21; Missouri River Energy Services, WAPA, Dues, Supplemental Power – $25,938.75; Farmers State Bank, Federal Excise Tax – $357.02; Farmers State Bank, SS & Withholding – $3,422.48; Combined Insurance, Supplemental Insurance – $34.80; Farmers State Bank, 911 Surcharge – $358.75; SD State Treasurer, Sales Tax – $5,499.08; MMI Entertainment, Karaoke – $350.00; AT&T, Purchase of Accts Receivable – $129.63; Brosz Engineering, Inc., Airport Project – $4,855.83; CenturyLink, Service Expenses – $10.28; Collins, Jon, Lunch- Rapid City for Parts – $9.00; Consortia Consulting by Telec, General Consulting & Settlements – $2,287.50; Dakota Backup, Professional Services – $35.00; Dakota Business Center, Supplies – $91.50; Department of Revenue, Drivers Licensing – $110.00; Department of Transportation, Snow Plow Markers – $93.23; Emergency Medical Products, Inc, Supplies – $317.91; Evergreen Supply Company, Oxygen Cylinder Lease – $6.30; Faith Independent, Publishing – $58.14; Farmers Union Oil, Gasoline, Supplies – $1,886.79; Golden West Technologies & Internet Sol, Internet Help Desk, HD Subscriber Count Chg – $669.28; Golden West Telecommunications, Special Access – $3,822.58; HD Supply Waterworks, LTD, Parts – $4,590.28; Henschel, Eddie, Ambulance Laundry – $66.00; Locken Oil, LLC, Aviation Fuel – $8,331.01; Lonny's Steak House, Meals-John Rhoden – $59.53; Lynn's Dakotamart, Supplies – $325.88; M&D Food Shop, Gasoline – $187.66; Medicare Refunds-SD, Refund Amb. Run #4669 – $295.48; Mid America Computer Corp., Toll Messages, Cabs Processing Charge – $711.96; Mid- American Research Chemical, Janitorial Supplies – $132.37; Physician's Claims Company, Ambulance Billing – $881.60; Prairie Community Health Inc., Ambulance Supplies – $64.00; Prairie Vista Inn, Room-John Rhoden – $276.00; Pressure Services, Inc., Supplies – $140.52; Resco, Electric Meters – $900.00; Rick's Auto, LLC, Repairs & Maintenance – $59.00; Roy's Pronto Auto Parts, Repairs & Maintenance – $1,625.47; Schwan's, Misc – $165.61; SD Sheriffs' Association, Spring Conference – $65.00; SDSU Extension, Mileage-Jack Davis/Ranchers Forum – $185.37; SDSU Extension, Mileage- Adele Harty/Ranchers Forum – $107.83; Servall Uniform/Linen Co., Mats, Mops, Fresheners – $426.22; South Dakota Network, 800 Database Landline – $14.96; Vilas Pharmacy & Healthcare, Supplies – $137.35; West Tire & Alignment, Repairs & Maintenance – $11.97. Lightfield made a motion, seconded by Inghram to approve all claims as presented. All yes votes. Motion carried. The February revenues were $179,726.91 and the February expenditures were $187,092.57. RESOLUTIONS AND ORDINANCES: Spencer introduced the following resolution and moved for its adoption: RESOLUTION NO. 03-19-13-01 WHEREAS the City of Faith needs to transfer and that the Finance Officer be authorized to transfer funds as of February 28, 2013 in accordance with the adopted Budget Plan: 890.00.............. from General to Ambulance Restricted Cash 2,000.00.............. from Electric to Capital Outlay 250.00.............. from Water to Capital Outlay 1,000.00.............. from Sewer to Capital Outlay 6,000.00.............. from Telephone to Capital Outlay 1,274.14.............. from Liquor to General 19,000.00.............. from Telephone to General 19,000.00.............. from Electric to General Seconded by Riley. All yes votes. Motion carried. Second Reading of Ordinance No. 303- West River Cable Franchise Agreement: Lightfield made a motion, seconded by Nolan to approve the second reading of Ordinance No. 303: West River Cable Franchise Agreement. Roll call vote – all yes votes. Motion carried. ORDINANCE NO. 303 AN ORDINANCE GRANTING TO WEST RIVER CABLE TELEVISION, INC., A CORPORATION, THE NONEX- CLUSIVE RIGHT TO ERECT, MAIN- TAIN, AND OPERATE IN, UNDER, OVER, ALONG, AND ACROSS THE PRESENT AND FUTURE STREETS, LANES, AVENUES, SIDEWALKS, AL- LEYS, BRIDGES, HIGHWAYS, EASE- MENTS DEDICATED FOR COMPATIBLE USES AND OTHER PUBLIC PLACES IN THE TOWN OF FAITH, SOUTH DAKOTA, AND THE SUBSEQUENT ADDITIONS THERETO, TOWERS, POLES, LINES, CABLES, WIRES, MANHOLES, AND ALL OTHER FIXTURES AND EQUIPMENT NECES- SARY FOR THE MAINTENANCE AND OPERATION IN THE TOWN OF A CABLE TELEVISION SYSTEM, FOR THE PURPOSE OF TRANSMISSION AND DISTRIBUTION OF AUDIO, VI- SUAL, ELECTRONIC AND ELECTRI- CAL SIGNALS, AND OTHER ELECTRONIC IMPULSES IN ORDER TO FURNISH TELEVISION AND RADIO PROGRAMS AND VARIOUS OTHER COMMUNICATION SERVICES TO THE PUBLIC, FOR A PERIOD OF TWENTY YEARS, REGULATING THE SAME, AND PROVIDING FOR CONSIDERA- TION TO THE TOWN. BE IT ORDAINED BY THE TOWN OF FAITH, SOUTH DAKOTA: SECTION 1. - TITLE This Ordinance shall be known and may be cited as the “Faith Cable Television Ordinance.” SECTION II. - DEFINITIONS For the purposes of this Ordinance, 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 used in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory. 1. “Board of Trustees” shall mean the governing body of the town of Faith, South Dakota. 2. "Cable Television Reception Service" means the delivery by the Company to television receivers (or any other suitable type of electronic terminal or receiver of the electronic signals and other communications services carried over said system. 3. “Cable Television System” or “Cable System” is a system utilizing certain electronic and other components which deliver to subscribing members of the public various communication services. 4. “Facilities” include, but not limited to, poles, wires, cables, modulators, towers, antennae, and apparatus designed, constructed and/or wired for the purpose of receiving, transmitting, and distributing television and other various signals. 5. "FCC" shall mean Federal Communications Commission. 6. “Franchisee” and “Company” shall mean West River Cable Television, Inc. of Bison, South Dakota 7. "Person" is any person, firm, partnership, association, corporation or organization of any kind and any other legally recognized entity. 8. “Streets” mean the surface of the space above and below, in, along and across any public street, way, place, right-or-way, road, highway, freeway, bridge, tunnel, lane, path, bike-path, alley, court, sidewalk, park-way, drive, communications or utility easement by whatever name called, now or hereafter existing as such within the Franchise area. 9. "Subscribers" are those persons contracting to receive cable television reception services furnished under this Ordinance by Company. 10. “Town” is the Town of Faith, South Dakota SECTION III - GRANT OF NON-EXCLUSIVE AUTHORITY 1. In consideration of the performance and observance of the conditions which are hereinafter specified, the nonexclusive right is hereby granted to West River Cable Television, Inc. of South Dakota,and to its successors, assigns, or designees, to erect, maintain and operate in, under, over, along, across and upon the present and future streets, lanes, avenues, sidewalks, alleys, bridges, highways, easements dedicated for compatible uses and other public places in the Town of Faith, South Dakota, and subsequent additions thereto, towers, poles, lines, cables, wires, manholes and all other fixtures and equipment necessary for the maintenance and operation in the Town of a cable television system, for the purpose of transmission and distribution of audio, visual, electronic and electric impulses in order to furnish television and radio programs and various other communications services to the public by what is commonly called a Community Antenna Television System, for a period of twenty (20) years, commencing from and after the effective date of this Ordinance. 2. The right to use and occupy said streets, alleys, public ways and places for the purposes herein set forth shall not be exclusive. SECTION IV - COMPLIANCE WITH APPLICABLE LAWS AND ORDINANCES The Company shall, during the term hereof, except in those areas which have been preempted by the Cable Communications Policy Act of 1984 or which are regulated by the Federal Communications Commission or any other federal or state law, be subject to all lawful exercise of the regulating and police powers of the Town; and Company shall comply with all applicable federal, state, and local laws, rules, regulations, codes and other requirements in connection with the operation of the franchise. SECTION V - TERRITORIAL AREA INVOLVED This Ordinance relates to the present territorial limits of the Town and to any area annexed thereto during the term of this Ordinance. Company may, but shall not be required to, provide service to residents of newly annexed areas of the Town or areas within the Town limits that are beyond four hundred feet (400') from existing distribution lines except upon payment by such residents of the capital costs incurred by the Company in bringing service to such residents. Company may, but shall not be required to, serve areas or individual homes adjoining, but outside the Town limits, that may be served from its existing facilities. Company may negotiate directly with such customers the amount to be charged for the bringing of the service to the customer. SECTION VI - LIABILITY AND INDEMNIFICATION Company shall, at all times, keep in effect the following types of insurance coverage: (a) Workmen's Compensation upon its employees engaged in any manner in the installation or servicing of its plant and equipment within the Town of Faith, South Dakota. (b) Property Damage Liability insurance to the extent of Two Hundred Fifty Thousand Dollars ($250,000.00) as to each occurrence and Two Hundred Fifty Thousand Dollars ($250,000.00) aggregate, and personal injury liability insurance to the extent of Five Hundred Thousand Dollars ($500,000.00) as to each occurrence and Five Hundred Thousand Dollars ($500,000.00) aggregate. Excess bodily injury and property damage of One Million Dollars ($1,000,000.00) each occurrence and One Million Dollars ($1,000,000.00) aggregate. Automobile bodily injury and property damage liability combined One Million Dollars ($1,000,000.00) each occurrence. Company shall indemnify, protect, and save harmless the Town from and against losses and physical damage to property and bodily injury or death to persons, and payments made under any, Workman's Compensation law which may arise out of the erection, maintenance, presence, use or removal of said attachments or poles within the Town, or by any act of Company, its agents or employees. Company shall carry insurance in the above described amounts to protect the parties hereto from and against all claims, demands, actions, judgments, costs, expenses and liabilities which may arise or result, directly or indirectly, from or by reason of such loss, injury or damage. Company shall also carry such insurance as it deems necessary to protect it from all claims under the Workmen's Compensation laws in effect that may be applicable to Company. All insurance required shall be and remain in full force and effect for the entire life of the rights granted hereunder. These damages or penalties shall include, but shall not be limited to, damages arising out of copyright infringements, and all other damages arising out of the installation, operation, or maintenance of the Cable Television System authorized herein, whether or not any act or omission complained of is authorized, allowed or prohibited by this Ordinance. SECTION VII - GENERAL SYSTEM SPECIFICATIONS The facilities used by the Company shall have a minimum capacity of (300MHz). SECTION VIII - TECHNICAL STANDARDS Company shall be governed by technical standards established by the FCC. Company, through the system, to the extent reasonably possible, shall provide uniform, strong signals that are free from any significant distortion and interference. The system shall be designed, constructed and operated, and maintained for 24-hour a day continuous operation. SECTION IX - OPERATION AND MAINTENANCE OF SYSTEM The Company shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest possible time. Such interruptions, insofar as possible, shall be preceded by notice to the subscribers, except for emergency repairs, which shall be performed as soon as possible. SECTION X - SERVICE TO SCHOOLS AND TOWN The Company may, at its discretion, subject to the line extension provisions of Section V, provide basic cable service at no cost to public and parochial elementary and secondary schools within the Town, at one terminal junction for educational purposes upon request of the school system. Company may, at its discretion, if requested by the Town, subject to the line extension provisions of Section V, also provide to the Town without charge, at one Town owned building other than a hospital, nursing home, apartment or building at the airport, to be selected by the Board of Trustees, one junction terminal to said building and may also furnish to the building, without charge, basic service to all sets connected within such building to the terminal junction. The Company shall allocate sufficient capacity on its existing community channel to the Town as a medium for the town to provide information to its residents. The town shall provide the Company sufficient notice to allow the Company to insert such ads into its system. SECTION XI - EMERGENCY USE OF FACILITIES In the case of any emergency or disaster, the Company shall, upon request of the Board, make available its facilities to the Town for emergency use during the emergency or disaster. If the Town wishes to operate a Civil Emergency Alert System on a plan that is mutually acceptable to the Town and Company and provides Company with the necessary equipment for such system, Company will permit the system to be used on the cable system. SECTION XII - SAFETY REQUIREMENTS The Company shall, at all times, employ ordinary care and shall use and maintain commonly accepted methods and devices for preventing failures and accidents which are likely to cause damages, injuries or nuisances to the public. SECTION XIII - LIMITATIONS ON RIGHTS GRANTED 1. All transmission and distribution structures, lines and equipment erected by the Company within the Town shall be so located as to cause minimum interference with the proper use of streets, alleys and other public ways and places, and to cause minimum interference with the rights and reasonable convenience- Continued on next page
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