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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