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HomeMy WebLinkAbout7/13/1976 - Special 7-13-76 "II ~.' '.. , 10 Roanoke Civic Center Roanoke, Virginia July 13, 1976 2:00 P.M. I A special meeting of the Board of County Supervisors of Roanoke County, Virginia, was held this date at the Roanoke Civic Center in Roanoke, Virginia, with the Council of the City of Roanoke and Council of the Town of Vinton, the purpose being to consider amending the CATV franchise granted by the above-named jurisdictions as follows: 1. Service areas. 2. Rate increase. Members present from the Board of County Supervisors: Chairman May W. Johnson, Vice-Chairman E. Deal Tompkins, R. Wayne Compton and Robert E. Myers. Absent: C. Lawrence Dodson. I William F. Clark, County Executive, and Edward A. Natt, County Attorney, were also in attendance. Members of Roanoke City Council present: Mayor Noel Taylor, Councilmen Robert Garland, Lucian Grove and Hampton Thomas. Members of Vinton Town Council present: Vice Mayor Elmer Cox, Councilmen Henry Brabham and Charles Hill. Mayor Taylor called the meeting to order at 2:06 p.m. and offered the invocation. Mayor Taylor recognized Councilman Robert Garland, Chairman I of the Roanoke Valley Regional CATV Committee. Councilman Garland announced the purpose of the joint public hearing by the three governing bodies. _.-. ", 211 7-13-76 Mayor Taylor asked for comments from members of the three governing bodies. Chairman Johnson stated that she concurred with the proposed changes. Supervisor Compton raised the question of when the change of ownership occurred and the circumstances involved. He also stated a concern for citizens living in rural areas who may I not have access to cable television. Mr. E. K. Mattern, Executive Vice President of Roanoke Valley Cab1evision, Inc., stated that the change of ownership was mainly for financial purposes. He further advised that the technical design and operation of the system will be as originally proposed. Supervisor Tompkins stated his concern over the Company's requested rate increase before construction is even begun. He 1 further stated that he did not consider the request justified and the obligation of the governing body to protect its citizens. .,11 At this point, Mr. Mattern addressed the three governing bodies and briefly summarized the proposals by Roanoke Valley Cab1evision, Inc. as follows: (1) that all previous requests for I any technical changes were withdrawn, (2) that franchise requirements for passing a certain number of houses be redefined as stated in the proposed revisions and (3) approval of rate increase from $7.00 to $8.50. Mayor Taylor then asked for comments from the public. There was no response. Councilman Garland, in his capacity as Chairman of the Regional CATV Committee, stated that the Committee felt the requested rate increase was reasonable and important to the Valley to have the Company be financially sound. Mr. Garland moved that the governing bodies accept the report of the CATV Committee. The motion was seconded by Supervisor Myers and adopted by I all governing body representatives present, except Mr. Tompkins. 7-13-76 212 . Vinton and Roanoke City officials indicated that the proposed changes in franchise ordinances would be considered at their next regular meetings. IN RE: ORDINANCE NO. 1544 AMENDING ORDINANCE NO. 1178 GRANTING A CATV FRANCHISE TO ROANOKE VALLEY CABLEVISION, INC.. I WHEREAS, the Board of County Supervisors has heretofore adopted on January 28, 1975, an Ordinance granting a franchise for a CATV system in Roanoke County; and WHEREAS, certain amendments to said Ordinance are deemed necessary in the best interests of the citizens of Roanoke County; and WHEREAS, a notice of intention to amend said Ordinance as proposed, and public hearing thereon, have been advertised and posted in accordance with law. NOW, THEREFORE, BE IT ORDAINED by the Board of County Supervisors of Roanoke County that Ordinance No. 1178 be amended as follows: SECTION 4. Construction and System Extension, be amended as follows: I Within thirty (30) days of the effective date of the ordinance granting this franchise, the Grantee shall diligently commence all efforts to obtain all necessary certificates, licenses, permits and agreements which are required to construct and operate a CATV system in the County. Within (90) days of receipt of such certificates, licenses, permits and agreements, the Grantee shall commence construction of the CATV system. a. The Grantee shall construct and make operational the CATV system in accordance with the following schedule, as submitted by the Grantee in his bid for award of a franchise and which is made part of this franchise. 1. Within twelve (12) months following commencement of construction, the Grantee shall have constructed and made operational within the Cordon line, a CATV system of at least 53 street miles in length, such system to make service available to approximately 3,710 housing units. 2. Within twenty-four (24) months following commencement of construction, the Grantee shall have constructed and made operational within the Cordon line, a CATV system of at least 104 street miles in length, such system to make service available to approximately 7,280 housing units. I 3. Within thirty-six (36) months following commencement of construction, the Grantee shall have constructed and made operational within the Cordon line, a CATV system of at least 155 street miles in length, such system to make service available to approximately 10,850 housing units. 4. Within forty-eight (48) months following commencement of construction, the Grantee shall extend the CATV system to, and make service available in, the area of the County within the Cordon line generally west of corporate limits of the City of Salem. Thereafter, service shall be extended pursuant to Section 4. a. 5, with- out regard to street miles within the City of Salem or along any alternate route used to extend service to said area of the County. The Grantee shall be 1212 . 7-13-76 relieved of the responsibility of providing service under this section only upon a positive showing by the Grantee that said service cannot be provided due to legal limitations and upon approval thereof by the County, which approval shall not be unreasonably withheld. 5. After the thirty-six (36) month period, established in Subsection 4.a.3., except for the area covered by the provision of 4.a.4., in which case a forty-eight (48) month period shall apply, the Grantee shall extend the CATV system and make service available to all existing and new dwelling units within the Cordon line; provided, however, that there exists within the extension an average of at least thirty-five (35) customers per street mile and provided further that the Grantee may at any time extend service to any part of the County, regardless of density, subject to the terms and conditions of this franchise ordinance. I For each day of delay of this construction schedule the Grantee shall be obligated to the County in liquidated damages in the amount of $250.00 per day. However, the Grantee shall not be responsible for any failure to meet all or any part of the construction schedule deadlines under this agreement due to Federal, State or local action, statute, ordinance or regulation, strike or other labor trouble, act of God, riot or other civic distrubance, inability to secure materials or supplies, or, without limiting the foregoing, by any other cause, contingency or circumstances not subject to its control which prevents or hinders the construction of the CATV system described herein. If construction is delayed or prevented by any of the circumstances set forth herein above, the Grantee shall be absolved from liability upon a sufficient showing of same. Upon a finding by the County after an appropriate public proceeding affording due process of law, that the Grantee is more than six calendar months behind construction schedule due to causes or circumstances which are within the Grantee's control, the County shall be entitled to revoke the permit. The Grantee shall notify the County in writing of the date on which construction commences, at least fifteen (15) days prior to such uate. There- after, the Grantee shall file quarterly reports with the Board, within thirty (30) days after the end of each calendar quaTter, informing the Board of the Grantee's construction progress in the County. Such reports shall state the number of miles of systeE which have been constructed and made operational in the County during the preceding quarter, the total number of subscribers connected to the system at the end of said preceding quarter, the numbec of miles to be constructed and made operational during the current quarter and any delays which the Grantee is aware of which could Drevent the completion of the system within the allotted period. I b. System Extension Outside the Cordon Line: After constructi0n of the CATV system by the Grantee, as provided for above, or earlier if so desired by Grantee, the CATV system shall be extended to 2]1 areas in the County where there exists within the extension an ~~erage of at least thirty-five (35) customers per street mile; pr0vided further that the Grantee may at any time extend service to ary part of the C0unty, regardless of density, subject to the ter~s and conditions of this franchise ordinance. The charges set 'Jut in Section 10, Rates, be amended as follows: Residential Rate3: Proposed Jnstallation charges first set each additional set $15.00 7.50 I !1ontl1.!LCharge First set - including converter Eac 1 additional set - including converter 8.50 2.75 Miscellaneous Charges Reconnect Move to loc::ati on with existing outlet Move connecti.')n within h)Fe Home antenna/CATV system switch 10.00 10.00 10.00 cost of labor & materia]s 7-13-76 214 . Commercial RaU~s (J'[ore than .,. lnits at I location) lnstallation Char~s Using existing master TV system: Firs:: set each additional set Where no existing m3.ster TV system $15.00 7.50 Negotation \vith building owner I .~~n!:E:l'y Char~;E:s Ind~Lvidual billing for each mlit: First set per unit - inoluding converter Each ad:1itional set per ur:it - including converter 8.50 2.75 Composite billing for all units: First set per unit - including converter Each additional set per unit - including converter 7.00 2.50 Miscellaneous Charges Reconnect (per unit) Move connection within unit 10.00 10.00 This amendment to take effect on July 13, 1976. The foregoing ordinance was adopted on motion of Supervisor Tompkins and the following recorded vote: AYES: Mr. Compton, Mr. Myers, Mrs. Johnson I NAYS: Mr. Tompkins ABSENT: Mr. Dodson The meeting was adjourned at 2:55 p.m. CHAIRMAN I