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HomeMy Public PortalAbout02-22-1979 BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF RICHMOND, INDIANA, FEBRUARY 22, 1979 1 The Board of Public Works and Safety of the City of Richmond, Indiana, met 2 in regular session February 22, 1979- at the hour of 9:00 a.m. in the Municipal 3 Building of said City. Mr. Meredith presided with Mr. Anderson and Mr. Webb 4 present. The following business was had, to-wit: 5 6 Mr. Webb moved to approve the minutes of the previous meeting as prepared, 7 seconded by Mr. Anderson and on unanimous voice vote, the motion was carried. 8 9 Mr. Dave Krumenauer and Attorney George Tripp, representing Clearview Cable 10 TV, presented an amendment to Franchise Agreement. 11 12 I. Paragraph 9 d (1) , (2), and (3) shall be amended to read as 13 follows: 14 15 TYPE OF SERVICE Inst. Chg. Monthly Chg. 16 17 1. Basic residential CATV (single family) 18 First connection $ 20.00 $ 8.50 19 Additional outlets each 15.00 3.00 20 Alternate locations 15 .00 21 Relocating outlets 15.00 22 Reconnect 15.00 23 Transfer to new address No charge 24 25 1A. FM Service 15.00 3.00 26 27 2. Commercial Patrons 28 Charges shall be negotiated between Commercial 29 patrons and the Company and will be non-discriminatory 30 as between classes of commercial patrons. 31 32 3. Pay Cable TV 33 In addition to basic service customer 34 shall pay as follows: 35 36 Each connection 15.00 10.00 37 38 II. It is mutually agreed that the innovations within the CATV industry 39 since the original Franchise granted the 28th.day of December, 1966, 40 in regard to rates and prospective service make this amendment necessary. 41 42 It is further agreed that Company will in consideration of this 43 agreement continue to pay to City the percentage stated in the original 44 agreement of 1966 of it's gross revenues. 45 46 III. It is further agreed that all other terms and covenants and conditions 47 of the said Franchise Agreement dated December 28, 1966, and as amended 48 December 23, 1971, April 18, 1974, and April 29, 1976, are to remain 49 in full force and effect unless amended herein. 50 51 Mr. Krumenauer stated the last rate increase in 1976 had a section in the 52 amendment for including $2.50 for distant signals. This agreement has $2.50 53 distant signal charge be included in the regular monthly rate, so this charge 54 will be for everyone on cable in Richmond. The distant signals are what would be 55 taken off the satellite. Cable has been put in a position by the Federal 56 Communications Commission that they may lose one of the two independent channels. 5.7 All stations are on cable by FCC regulations and not by the cable's choice. This 58 wilL.require a block converter for most sets, which cable will install at no 59 charge to the consumer. There will be no charge to the customer until they are 60 hooked up to the converter. Mr. Russell Doren, who was in the audience, stated 61 he would have to get this service whether or not he wanted it. Mr. Krumenauer 62 agreed. ;7; L, Board of Public Works and Safety Cont. February 22, 1979 Page 2 1 Mr. Anderson moved to take this matter, under advisement, seconded by Mr. 2 Webb and on unanimous voice vote, the motion was carried. 3 4 Traffic Captain Scott Loper stated, in regard to a request for parking for 5 a meeting of the White Shrine from Ms Clara Meredith to use the South 9th Street 6 City parking lot on April 21, that he had. checked the lot last Saturday from 7 8:00 a.m. to 6:00 p.m. The most cars parked in that lot at any one time was 8 twelve (12) . 9 10 Mr. Webb moved to take this matter under advisement until such time as there 11 is a better idea of what might occur, seconded by Mr. Anderson. After 12 discussion, the motion was defeated with Mr. Webb abstaining. 13 14 Mr. Anderson moved to approve the reservation of the South 9th Street parking 15 lot for the date of April 21 for the purpose of the White Shrine from noon on, 16 seconded by Mr. Webb. 17 18 Mr. Anderson moved to amend his motion that the petitioner is to be contacted 19 for specific hours the lot is to be used, seconded by Mr.- Webb and on unanimous 20 voice vote, the amendment was carried. 21 22 On unanimous voice vote the motion of Mr. Anderson for approval was passed. 23 24 City Attorney Ed Anderson conducted a condemnation hearing pursuant to IC 25 18-5-5-3 and pursuant to IC 4-22-1-30 specifically Section 4-22-1-7 and 26 4-22-1-8 for property known as Lot 77 John Smith Addition, City of Richmond 27 - . located at 316 South 4th Street and owned by McClelland Casket Hardware- Company. 28 Attorney John Sayre was present representing the corporation. Mr. Sayre 29 acknowledged receiving a copy of the Order of Condemnation and stated Mr. 30 McClelland received a Notice of the Hearing. Mr. Roberts stated he reported 31 his Order of Condemnation to the Board.:-and Failure to Comply. Mr. Sayre 32 • acknowledged McClelland Casket. Hardware Company owns the property in question:. 33 Mr. Anderson stated this matter has now come.to the Board under the cited 34 statute for the Defendant to show cause why the Order -of the. Commissioner 35 should not be complied with. Mr. Sayre stated he was told In a previous 36 meeting that the foundation and walls of the building were structurally 37 safe and the complaint was that the chimney needed to be pointed and the glass 38 in the structure was -broken. Mr. Sayre pointed out that McClelland Casket 39 Hardware is a non-operating corporation that went out of business in 1973 40 and all of its. assets were sold except for this real estate.. This property 41 is encumbered by a lien in excess of $10,000. in favor of Wayne County for 42 -. _ __ personal property taxes and by a mortgage. Efforts have been made to sell the 43 building. All parties agreed that the building needs to be secured. Mr. 44 Meredith and Mr. Webb pointed out the Board is concerned with the public's 45 safety. - 46 47 Mr. Sayre asked it be made a part of the record that McClelland Casket 48 Hardware objects to the Order of Condemnation and that any order on any basis 49 other than that -the building is not secured because the only notice which 50 McClelland. Casket Hardware has received of' any imparement to the structure is 51 the report of December 2, 1977 that the building is not secured. We can't 52 remedy anything that we don't know about and so far that is the only notice 53 that we have received was that it was not secured. • 54 55 Mr. Webb moved that the Order of Condemnation be stayed for ninety (90) days 56 and that the McClelland Casket Hardware Company report back to this Board in 57 two (2) weeks as to what effort has been made to secure said building; also, 58 that the Building Inspector be instructed to reinspect the building and report 59 his findings to the Board of Works, seconded by Mr. Anderson and on unanimous 60 voice vote, the motion was carried. 61 62 There being no further business on motion duly made, seconded and passed, the 63 . meeting was adjourned. 64 65 Donald Meredith 66 President 67 68 ATTEST: JoEllen Trimble 60 City Clerk