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REGULAR MEETING AUGUST 31. 1998 <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS <br />FOR THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: <br />1. That in accordance with 47 U.S.C. 546 and §7-11 of the South Bend Municipal <br />Code, the Board of Public Works for the City of South Bend, hereby establishes Tuesday. <br />September 22, 1998 at 5:30 p.m., at Council Chambers 4th Floor, County -City Building, South <br />Bend, Indiana 46601, as the date, time and place at which it will conduct a public hearing to <br />consider TCI's application for franchise renewal, at which time the Board of Public Works for the <br />City of South Bend, Indiana, will consider evidence, which may be presented concerning the legal <br />character, financial condition, and technical expertise, the responsiveness of TCI to customer <br />complaints, the performance of TCI under its current Franchise Agreement, any proposed changes <br />in the operation of the franchise, and any other matters relating to TCI's ability to operate a cable <br />television system in compliance with the terms, standards, and conditions of Chapter 7 of the <br />South Bend Municipal Code. <br />2. That the Board of Public Works for the City of South Bend, Indiana, hereby <br />directs the Clerk of the Board to cause to be published; notice of the adoption of this resolution, <br />which shall include the date, time, and place of the public hearing. <br />3. This resolution shall be in full effect from and after its adoption. <br />Adopted this 31 st day of August, 1998. <br />BOARD OF PUBLIC WORKS <br />FOR THE CITY OF SOUTH BEND, INDIANA <br />s/James R. Caldwell, President <br />s/Lewis N. Powell, Member <br />s/M. Catherine Roemer, Member <br />ATTEST: <br />s/Angela K. Jacob, Clerk <br />ADOPT RESOLUTION NO. 78-1998 - EXTEND THE CABLE TELEVISION FRANCHISE <br />AGREEMENT WITH TCI OF MICHIANA <br />Upon a motion made by Ms. Roemer, seconded by Mr. Caldwell and carried, the following <br />Resolution was adopted by the Board of Public Works: <br />RESOLUTION NO. 78-1998 <br />RESOLUTION OF THE BOARD OF PUBLIC WORKS <br />THE CITY OF SOUTH BEND, INDIANA <br />TO EXTEND THE CABLE TELEVISION FRANCHISE AGREEMENT <br />WITH TCI OF MICHIANA <br />WHEREAS, the Board of Public Works of the City of South Bend C'Board") entered into <br />a Cable Television Franchise Agreement C'Agreement") with Indiana Cablevision Corporation on <br />May 31, 1983; and <br />WHEREAS, the Agreement is currently in force between the Board and TCI of Michiana; and <br />WHEREAS, the Agreement expired on May 31, 1998; and <br />WHEREAS, negotiations between TCI of Michiana and the Board have been delayed due to <br />South Bend School Corporation's delay in providing a list of demands to the Board for TCI of <br />Michiana, and lack of public presence at the hearing held on Thursday, August 27, 1998 at 9:00 a.m. <br />at Century Center; and <br />WHEREAS, this delay has caused the postponement of the public hearing process <br />necessitated by the renewal of the Agreement and required by the Cable Act; and <br />