09/28/98 Board of Public Works Minutes

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a REGULAR MEETING at 5:30 p.m. at Council Chambers, County -City Building; and SEPTEMBER 28, 1998 WHEREAS, negotiations should be concluded by December 31, 1998. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS, AS FOLLOWS: The Cable Franchise Agreement between the Board of Public Works and TCI of Michiana is hereby extended and now expires on December 31, 1998. BE IT RESOLVED by the City of South Bend Board of Public Works on September 28, 1998 at a regularly scheduled meeting of the Board. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/James R. Caldwell, President s/M. Catherine Roemer, Member ATTEST: s/Angela K. Jacob After approving the extension of the current franchise agreement between the City of South Bend and Heritage Cablevision d/b/a TCI of Michiana to expire on December 31, 1998, Board president, James R. Caldwell and member, M. Catherine Roemer discussed the extension and status of negotiations. Present and available for input was Board attorney, Michelle Engel. Mr. Caldwell recommended that the decision of the Board of Works, which was to be determined on the October 5, 1998 Board of Public Works meeting, be continued, until negotiations of the content of the Agreement are completed. TCI of Michigan has agreed to attend the Mayor Night In sessions. Ms. Engel stated that TCI will offer approximately one hundred (100) channels, but would not say which channels, or if there would be an increase in the cost. Ms. Roemer stated that the Board should advise the public on 1) what the Agreement is at present; 2) the terms the City is asking for in the Agreement 3) what TCI of Michiana will agree upon; 4) what options there may be if the Board does not approve the Agreement; and 5) the length of the Agreement. Discussion was held on what options were available if the Board did not approve the Agreement. Alternatives may mean that the users, of which are approximately 30,000, may not have any cable if the Board does not approve the Agreement. At the present time, no other cable company has come forth to offer their services. The Board determined that Ms. Engel has the knowledge and expertise to determine if the negotiations of the Agreement should be approved by the Board. In the event the decision of the Agreement will be continued, the Board of Public Works and/or the City Attorney's office will issue notice to the public. The Board acknowledged the basis for the franchise agreement and the gains achieved by the City. The franchise agreement between the City and TCI stems from TCI's use of the City streets and sidewalks and general public rights -of -way. The City grants TCI the right to occupy these rights -of - way; and in exchange, TCI provides the following gains already negotiated into the franchise agreement under consideration by the Board: ■ Term. TCI agreed to limit the term of the franchise agreement to 5 years unless it completes an upgrade of its cable system. ■ Rights -of Way. TCI acknowledges and submits to City control and management over its rights -of -way, and agrees to install facilities so as to cause a minimum of interference with the rights -of -way and property owners who own property adjacent to the rights -of -way. ■ When installing new facilities, TCI agreed to file plans with the City Engineering Department and obtain occupancy permits. TCI also agreed to file with the Clerk of the Board of Public Works true and accurate strand maps or plats of all existing and proposed installations of its cable system either on paper or in electronic format 1 1 1