7/13/1976 - Special
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Roanoke Civic Center
Roanoke, Virginia
July 13, 1976
2:00 P.M.
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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.
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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
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of the Roanoke Valley Regional CATV Committee. Councilman Garland
announced the purpose of the joint public hearing by the three
governing bodies.
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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
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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
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further stated that he did not consider the request justified and
the obligation of the governing body to protect its citizens.
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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
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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
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all governing body representatives present, except Mr. Tompkins.
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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..
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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:
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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.
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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
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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.
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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.
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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
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!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
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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
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.~~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
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NAYS:
Mr. Tompkins
ABSENT:
Mr. Dodson
The meeting was adjourned at 2:55 p.m.
CHAIRMAN
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