HomeMy Public PortalAbout082-1991 - ORDINANCE APPROVING AND CONFIRMING A FRANCHISE AGREEORDINANCE NO. 82-1991
AN ORDINANCE APPROVING AND CONFIRMING A FRANCHISE AGREEMENT GRANTING A FRANCHISE
TO TCI OF INDIANA, INC., TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE SYSTEM IN THE
CITY OF RICHMOND, INDIANA; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE
FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM; AND PRESCRIBING
PENALTIES FOR THE VIOLATION OF THE PROVISIONS OF THE AGREEMENT.
WHEREAS, the Board of Public Works and Safety of the City of Richmond, Indiana ("Board"),
has entered into a Franchise Agreement dated December 5, 1991, with TCI of
Indiana, Inc. ("TCI"), an Indiana corporation , whereby TCI is granted the
nonexclusive right, privilege and authority to construct, operate, and maintain a
cable system in the City of Richmond, Indiana ("City"), a copy of which Franchise
Agreement is incorporated herein, and made a part hereof; and,
WHEREAS, the Board, prior to entering into such Franchise Agreement, and through the City
of Richmond, Indiana, Telecommunications Council, followed the procedure
outlined in Section 626 of the Cable Communications Policy Act of 1984 (47
U.S.C. § 546);I and,
WHEREAS, the Board, prior to entering into such Agreement, held a public hearing on said
Franchise Agreement under the terms of, and as required by, the Public Utility
Statutes of the State of Indiana and Section 626 of the Cable Communications
Policy Act of 1984 (47 U.S.C. §546) and afforded TCI reasonable notice and a
reasonable opportunity to be heard during which the Board considered whether:
A. TCI had substantially complied with the material terms of the previous
franchise and with applicable law; and,
B. The quality of TCI's service, including signal quality, response to consumer
complaints and billing practices, but without regard to the mix, quality, or level
of cable services or other services provided over the system have been
reasonable in light of community needs over the previous franchise term; and,
C. TCI has the financial, legal, and technical ability to provide the services,
facilities, and equipment as proposed by TCI; and
D. TCI's proposal was reasonable to meet the future cable -related community
needs and interests, taking into the account the cost of meeting such needs and
interests; and,
WHEREAS, the Common Council of the City acknowledges that, pursuant to a Resolution
adopted September 27, 1991, the Board directed TCI to comply with and complete
certain past franchise fee payments which the Board determined had not been paid
in accordance with the existing Franchise Agreement by and between the Board
and TCI; and,
WHEREAS, the Common Council of the City acknowledges that, pursuant to a Resolution
adopted December 5, 1991, the Board has determined that sufficient settlement
has been reached regarding the franchise fee payment in accordance with the
existing Franchise Agreement by and between the Board and TCI; and,
WHEREAS, it is in the best interest of the City that such Franchise Agreement be approved.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Richmond,
Indiana that:
SECTION I. That the Franchise Agreement entered into between the Board and TCI, as
incorporated, be and the same is hereby expressly confirmed and approved.
PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana, this 16 day
of �1�� f o �J .< _ 1991.
President of Common Council
ATTEST:Ic�Lc�
City C erk�
PRE,$ENTED�y me to the Mayor of the City of Richmond, Indiana ,this / 7 e4 day of
G e ���r, , 1991.
ty Clerk
APPROVED be, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this / Z�day
of l ��C�'�iYs� !'s /ytJ 1991.
AIM
Frank H. Waltermann, Mayor
ATTEST: � .ca !�. az:trz
Ci lark