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73
<br />REGULAR MEETING
<br />DECEMBE R 20, 1982
<br />The regular meeting of the Board of Public Works was convened
<br />at 9:30 a.m., December 20, 1982, by President John E.
<br />Leszczynski, with Mr. Leszczynski, Mr. Richard L. Hill and
<br />Mr. Joseph E. Kernan present. Also present was Assistant
<br />City Attorney Carolyn Pfotenhauer.
<br />MINUTES OF PREVIOUS MEETING APPROVED
<br />Upon a motion made by Mr. Kernan, seconded by Mr. Hill and
<br />carried, the minutes of the December 13, 1982, regular
<br />meeting of the Board were approved as submitted. .
<br />PUBLIC HEARING - APPROVE ASSIGNMENT OF iNDIANA CABLEVISION
<br />FRANCHISE TO HERITAGE COMMUNICATIONS, INC.
<br />Mr. Timothy J. Hartzer, attorney at law practicing at 120
<br />West LaSalle Avenue, advised that his law firm was represent-
<br />ing Indiana Cablevision in its request to assign its cable -
<br />vision franchise to Heritage Communications, Inc. He advised
<br />that Indiana Cablevision has entered into an agreement to sell
<br />all of its assets to Heritage Communications, Des Moines, Iowa.
<br />He introduced Mr. William Moss from Indiana Cablevision and
<br />Kevin Rice from Heritage Communications. Mr. Rice explained
<br />that Heritage Communications has been a publicly -owned company
<br />operating cable systems in 13 states for 11 years. He stated
<br />that the South Bend system was comparable in size to its Des
<br />Moines operation. He felt his company had a good record of
<br />providing service and would continue to do for the South
<br />Bend area. Mr. Leszczynski asked about the other cable
<br />operations of the company, and Mr. Rice stated that one of
<br />the smallest areas serviced only 450 residents and a typical
<br />number of customers ranged between 1,500 to 2,500. He
<br />repeated that the Des Moines operation was similar in size
<br />to the South Bend system. Mr. Hartzer stated that, if the
<br />Board approved the assignment, Heritage Communications would
<br />assume all of the terms and conditions of the original
<br />franchise agreement. Mr. Kernan stated that, on January 10,
<br />1977', the Board had acted upon an assignment of the franchise
<br />from Valley Cablevision to Indiana Cablevision, and the Board
<br />would merely be re -assigning that franchise to another cable
<br />company under the same terms and conditions. Upon a motion
<br />made by Mr. Leszczynski, seconded by Mr. Kernan and carried,
<br />the public hearing was closed. There was no one persent to
<br />object or speak against the assignment of the franchise.
<br />Upon a motion made by Mr. Hill, seconded by Mr. Kernan and
<br />carried, the following Resolution No. 30, 1982, approving
<br />the assignment of the franchise to Heritage Communications,
<br />Inc. was adopted:
<br />RESOLUTION NO. 30, 1982
<br />WHEREAS, Indiana Cablevision Corporation ("ACC") was
<br />assigned the interest of Valley Cablevision Corporation,
<br />pursuant to the Franchise Agreement (herein so called)
<br />with the Board of Public Works and Safety of the City
<br />of South Bend, Indiana, dated August 22, 1966; and
<br />WHEREAS Section VII of said Franchise Agreement
<br />provides as follows:
<br />Section VII.
<br />This franchise and grant may not be
<br />assigned without the express and prior
<br />written consent of the Board of Public
<br />Works and Safety of the City of South Bend.
<br />WHEREAS, ICC, along with Bedford Cable TV, Inc.,
<br />Robert P. Buford, Geoffrey R. Buford, and Gerald
<br />B. Buford has entered into a Letter of Intent (herein
<br />so called) dated November 11, 1982, with Heritage
<br />Communications, Inc. (HCI"), whereby ICC has agreed
<br />to sell all its assets to a limited partnership to
<br />be formed by HCI; and
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