07/14/75 Board of Public Works Minutes

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Z FILING OF PETITION TO VACATE EAST -WEST ALLEY BETWEEN DONALD AND CALVERT Gene Minnick and Emery Antalavts file :their petition to vacate the east -west alley between Donald and Calvert, from Kemble Avenue to the north -south alley, between Lots 6 and 7 in City View Place. The vacation is requested because the alley is a nuisance with accumulations of dirt, trash and rocks and is a maintenance problem. Upon motion made, seconded and carried, the petition was filed and referred to the Department of Public Works for preliminary review and recommendation. REPORT OF FINDINGS VALLEY CABLEVISION PETITION TO INCREASE RATES Upon motion made, seconded and carried, the report of the findings of the Board in regard to -the Valley Cablevision Petition to increase rates was approved as follows: July 14, 1975 Board of Public Works, South Bend, Indiana - Findings Re: Valley Cablevision Petition for Rate Increase The Board of Public Works finds that: • 1. Valley Cablevision is operating within the corporatelimits of the City of South Bend under a franchise issued by said Board on the 22nd day of August, 1966. 2. Under the terms of their franchise, Valley Cablevision Corporation may petition the Board of Public Works for a change in its rate structure, and 3. Valley Cablevision did, in fact, so petition the Board of Public Works on May 19, 1975; subsequently. 4. The Board of Public Works set June 2, 1975 as the date for a Public Hearing to be advertised as a legal notice in the South Bend Tribune on May 23, 1975, and May 30, 1975. 5. A Public Hearing was held on June 2, 1975, regarding the proposed rate increase. 6. Valley Cablevision has, in fact, paid the $500 annual franchise fee and an additional amount equal to three per cent (3%) of the annual gross revenue of the Corporation received by it for community antenna television service in the City of South Bend, the semi-annual payment in the amount of $14,300.73 having been paid on the 15th day of April in accordance with Section IX of the franchise, and that 7. While the original Valley Cablevision Corporation feasibility study, the request for Waiver of Divestiture, and the matter of FCC compliance are a matter of public concern and of concern to the Board of Public Works, they are matters over which the Federal Communications Commission has preemptive jurisdiction and are not a proper matter of consideration as part of the review of the petition for a rate increase. The Board of Public Works does take note of the fact that Valley Cablevision Corporation in the person of Mr. Harry White, General Manager, has made a positive response indicating proper action by Valley Cablevision Corporation in each area of concern and favorable action by the Federal Communications Commission. 8. Public access has been.made available to the public as demon- strated by time allotted for the following organizations: Meadowood Free Methodist.Church Kidney Foundation South Bend Dist. Methodist Church Muscular Dystrophy Assn. Pat Rickles, Modern Women Mayor's Commission on the School City of Mishawaka Status of Women Michael Phaebus - IUSB Review Alcoholism Council