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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 email us at faithind@faithsd.com
April 10, 2013 • The Faith Independent • Page 19 email us at faithind@faithsd.com Place a Classified Ad... The Faith Independent 967-2160/email: faithind@faithsd.com Moving? Notify The Faith Independent of your change of address before moving or as quickly as possible, so as not to miss a single issue. Subscribe The Faith Independent In Town & Dupree $34.00 + local tax In County $34.00 + local tax Out of County $39.00 + local tax Out of State $39.00 PO Box 38 • Faith, SD 57626 Ph: 605-967-2161 FAX 605-967-2160 Monday: Breakfast: Burritos Lunch: Hot Hamburger – $4.29 Sandwich: BBQ Chicken Tuesday: Breakfast: Breakfast Sandwiches Lunch: Tacos – $4.29 Sandwich: Rueben Wednesday: Breakfast: Biscuits & Gravy Lunch: Asian – $4.29 Sandwich: Hamburger Thursday: Breakfast: Breakfast Sandwiches Lunch: Cassserole – $4.29 Sandwich: Philly Steak & Cheese Friday: Breakfast: Burritos Lunch: 2 Piece Chicken Dinner – $4.29 Sandwich: Hamburger …The Better Choice Prairie Oasis Mall 605-967-2622 Faith, SD BUSINESS & PROFESSIONAL DIRECTORY Dr. Jason M. Hafner Dr. David J. Prosser OPTOMETRISTS Faith Clinic 1ST–3RD WEDNESDAYS OF THE MONTH PH: 967-2644 1-800-648-0760 910 Harmon St Holloway Storage LLC Faith, SD Unit sizes: 5x10, 8x20, 10x10, 10x15 & 10x20 Steel storage facility Call 967-2030 or Cell 605-200-1451 H&H Repair–Jade Hlavka 3 mi. W & 3 mi. N of Howes, SD Equip. Repair/Maintenance - Hydraulics - A/C - Tires Car & Light Truck Tires Shop: 605-985-5007 Cell: 605-441-1168 Certified Diesel Tech hhrepair@gwtc.net J-1 Available for all Cakes occasions Birthdays Graduations Anniversary - Weddings Call Diane Fees 605-748-2210 or 2244 Faith Community Health Service HOURS Mon.–Fri.: 8 a.m.–12; 1 -5 p.m. 605/967-2644 After Hours Verna Schad: 964-6114 or 605-365-6593 (cell) WEST RIVER CABLE TELEVISION Serving the town of Faith, SD 1-888-411-5651 Bison, SD Dusty’s Tire Service PH: 605-490-8007 – Faith, SD “Have truck will travel” For all your on-farm tractor, truck & machinery tire repairs call Dusty. Leave a message if no answer Call anytime 7 days a week!! I have tubes & most common tires on hand & can order in any tire of your choice. For all your Real Estate Needs call Kevin Jensen 381-4272 Black Hills land, homes and businesses. With values and honesty born and bred in Faith, trust Kevin Jensen to help you solve your real estate questions. Kevin Jensen your friend in real estate Exit Realty, Rapid City Ravellette Publ. Inc. We offer a complete commercial printing service ... • Business Cards • Letterheads • Envelopes • Brochures • Office Forms • And More! The Faith Independent PH: (605) 967-2161 OR FAX: 967-2160 e-mail: faithind@faithsd.com Ravellette Publ. Inc. We offer a complete commercial printing service ... • Business Cards • Letterheads • Envelopes • Brochures • Office Forms • And More! The Faith Independent PH: (605) 967-2161 OR FAX: 967-2160 e-mail: faithind@faithsd.com Badlands Enterprises Samuel C. O’Rourke, Sr. PO Box 1618, Eagle Butte, SD 605-685-8703 samo@goldenwest.net • Septic Tank Pumping • Portable Restrooms • General Contracting Faith Veterinary Service (605) 967-2212 Monday–Friday: 8 a.m. – 5:30 p.m. Saturday: 8 am-Noon CLOSED: SUNDAYS For the best in critter care! RYAN SEAGER Cell: (605) 441-7465 Fax: (605) 859-2766 ryanseager@hotmail.com PHILIP MOTOR, INC. Bus. (605) 859-2585 or 1-800-859-5557 101 W. Oak St., PO Box 816 Philip, SD 57567-0816 Chrysler • Dodge Ram • Ford-Lincoln Dr. Brandace Dietterle DC Chiropractor EVERY MONDAY Located in Imagine and More Prairie Oasis Mall, Faith, SD PH: 415-5935 Bogue & Bogue Law offices Eric Bogue Cheryl Laurenz Bogue 416 S Main St., Faith, SD 967-2529 or 365-5171
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