There was a special meeting of the Flemingsburg City Council Monday, June 6^th, 2005 at 5:00 p.m. in City Hall. Council members present were Marty Voiers, Carl Haight, Nancy Suit, Scott Manning, and Meredith Story. Councilman Robbie Graham was absent. Mayor Louie K. Flanery presided.

Councilman Story led the Pledge of Allegiance. Linda Ain, attorney for the Kentucky Regional Cable Commission, presented a franchise agreement with Adelphia for Council approval. Ain reviewed the contents of the agreement, which included the following: a ten year non-exclusive franchise for a cable television system within the city, providing for full financial and shareholder disclosure for new franchises, indemnification by the franchise grantee and adequate insurance coverage, a performance bond, payment of incidental costs to the government, establishment of a franchise fee of 5% of grantee’s gross annual revenue, requirements for completing construction, providing date, testing the system and meeting minimum operational standards, penalties for violations of this ordinance, conditions of road occupancy, use of poles and construction standards, minimum requirements for extending the system, interconnection, public benefit services, access to community facilities, public, educational and government access channels, emergency alert override, antenna switches, stand-by power, testing and analyzing the system and proof of performance, establishment of consumer services standards, establishment of standards for billing practices, establishment of a complaint procedure, refunds to subscribers for failure of service, approval required for a transfer of control, standards and procedures established for forfeiture of the franchise and valuation of the system, foreclosure and receivership provisions, reserving government rights in the franchise, assurances of nondiscrimination and equal opportunity in employment, protections of subscriber privacy, low income discount, and the potential establishment of a cable television advisory committee.

The agreement does not allow for replacement of outdated equipment. Ain noted that this document would be amended to add a sentence that had been omitted on page 44, section ‘O.’, line 6. There will also be a resolution stating transfer of control from Adelphia to Time Warner, who will assume the same obligation under this franchise.

Councilman Haight moved to approve the first reading of Ordinance No. 6-05-1 as amended. Councilwoman Suit seconded the motion. All were in favor. There being no further business Councilman Manning moved to adjourn at 5:40 p.m. Councilman Haight seconded the motion. All were in favor.

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Louie K. Flanery, Mayor

ATTESTED:

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Joy Story Roark, City Clerk

Date Approved: _____________