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REGULAR MEETING OCTOBER 27, 2003 <br />ADOPT RESOLUTION NO. 77-2003 - TEMPORARILY EXTENDING THE 1998 CABLE <br />TELEVISION FRANCHISE AGREEMENT WITH COMCAST AND SCHEDULING A PUBLIC <br />HEARING <br />Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the following Resolution was <br />adopted by the Board of Public Works: <br />RESOLUTION NO. 77-2003 <br />A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF <br />SOUTH BEND, INDIANA TEMPORARILY EXTENDING THE 1998 <br />CABLE TELEVISION FRANCHISE AGREEMENT WITH COMCAST <br />AND SCHEDULING A PUBLIC HEARING <br />WHEREAS, on October 19,1998 the Board of Public Works ("Board") of the City of South <br />Bend, Indiana entered into a Cable Television Franchise Agreement ("Agreement") with Heritage <br />Cablevision Associates, Inc. d/b/a TCI of Michiana, Inc. ("TCI"); and <br />WHEREAS, the TCI Franchise Agreement with the City of South Bend dated October 19, <br />1998 is currently in effect between the Board and TCI's successor, Cable Communications, Inc., <br />(COMCAST); and <br />WHEREAS, in order to determine whether Comcast has performed its duties under the <br />Agreement sufficient to authorize a ten (10) year extension of the Agreement, the City of South Bend <br />desires to secure additional information from COMCAST and to conduct a public hearing regarding <br />COMCAST'S performance and service to the public; and <br />WHEREAS, the Board requires more time to fully determine whether the October 1998 <br />Agreement with COMCAST should be renewed by its terms for another ten (10) years. <br />NOW, THEREFORE, BE IT RESOLVED by the Board ofPublic Works of the City of South <br />Bend as follows: <br />Section I. The cable Franchise Agreement dated October 19, 1998 between the Board of <br />Public Works and COMCAST is hereby extended to and now expires on December 31, 2003. <br />Section II. The Board of Public Works will hold a public hearing to receive from South Bend <br />residents input and comment on COMCAST'S cable service, and such hearing is scheduled for <br />Novemberl7, 2003 at 5 o'clock p. in. <br />CITY OF SOUTH BEND, INDIANA <br />BY ITS BOARD OF PUBLIC WORKS <br />s/Gary Gilot, President <br />s/Carl Littrell, Member <br />ATTEST: s/Don Inks, Member <br />Angela K. Jacob, Clerk <br />RATIFY RECOMMENDATION - TO CLOSE STREET - MANITOU PLACE FROM FOREST <br />TO PARK AVENUE - HALLOWEEN PARTY <br />Mr. Gilot stated that favorable recommendations have been received by Traffic and Lighting, Police <br />Department and the City Attorney's office, in reference to a request as submitted by Mr. Stan <br />Molenda, 1005 Portage, South Bend, Indiana, to conduct the above referred to block party on <br />October 26, 2003, from 2:00 p.m. until 7:00 p.m. Upon a motion made by Mr. Gilot, seconded by <br />Mr. Inks and carried, the recommendation was ratified. <br />APPROVAL OF RECOMMENDATION TO ENCROACH ONTO PUBLIC RIGHT-OF-WAY - <br />INSTALLATION OF AWNING - 115 NORTH MAIN STREET <br />Mr. Gilot advised that the Board is in receipt of favorable recommendations from the Division of <br />Engineering, Police Department, and the Building Commissioner for the installation of an awning <br />at 115 North Main Street, the Budney Building. Upon a motion made by Mr. Littrell, seconded by <br />