Loading...
HomeMy WebLinkAbout1236 - ADMIN Ordinance - City Council - 1973/08/20ORIGINAL ORDINANCE NO. 1236 "v V G Alp AN ORDINANCE GRANTING A FRANCHISE TO WARNER CABLE COMPANY OF ST. LOUIS PARK, A MINQNESOTA PARTNERSHIP, ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT, OPERATE, AND MAINTAIN Id THE CITY OF ST. LOUIS PARK A BROADBAND TELECOMMUNICATIONS NETWORK FOR THE TRANSMISSION OF CATV AND OTHER SERVICES, ELECTRICAL IMPULSES OR TELEVISION, RADIO AND OTHER INTELLIGENCES, EITHER ANALOG OR DIGITAL, FOR SALE OR USE BY INHABITANTS OF THE CITY OF ST. LOUIS PARK, INCLUDING NECESSARY POLES, POLE LINES, FIXTURES AND APPURTENANCES; AND TO'USE THE STREETS, ALLEYS, PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR THESE PURPOSES; PRESCRIBING CERTAIN TERMS AND CONDITIONS THE CITY COUNCIL OF ST. LOUIS PARK ORDAINS: AUG 2 1973 Section 1. Purposes. The City has determined that it is desirable and to the advantage of the citizens of St. Louis Park to grant a broadband telecommunications network franchise. During the course of prolonged investigation and extended public hearings, the City Council has considered the needs of the city and the experience, capability, qualifications, character and reputation of the various applicants, as well as the adequacy and feasibility of their construction arrangements and their plans for programming. As a result, the City Council finds it is in the public interest to grant a franchise to the company. Sec. 2. Grant of Franchise. Pursuant to the provisions of Ordinance No. 1197 and pursuant to the charter of the city of St. Louis Park, a non-exclusive franchise is granted to Warner Cable Company of St. Louis Park for the right and privilege of constructing, operating and maintaining in, on, over, under and across the streets, alleys, sidewalks, driveways and public grounds and places of the city a broadband telecommunications network, including all poles, pole lines, conduits, fixtures and appurtenances, for the purpose of the transmission of CATV and other services, electrical impulses of television, radio and other intelligences, either analog or digital, and for private and public use in and to the city and its residents. The terms of this franchise shall include the provisions of Ordinance 1197, as amended, "An Ordinance Setting Forth Terms and Conditions for the Installation, Maintenance and Operation of a Broadband Tele- Communications Network (BTN) for the Transmission of CATV and Other Intelligences, Either Analog or Digital, for Sale or Use by Inhabitants of the City of St. Louis Park, Minnesota". Sec. 3. Incorporation of Proposals of the Company. The Company adopts as a part of its application and proposal for a broadband telecommunications network franchise the contents of all documents that have been submitted to the city by Warner Cable Corporation, a New York corporation, Cypress Communications Corporation, Northeast Minnesota Cable Company, or their officers, directors or agents, relating to the application for a broadband telecommunications network franchise. All offers of or representations as to facilities, service and similar matters contained in the application and proposal of the company, except as inconsistent with law or ordinance, are incorporated into this ordinance by reference and made a part of the franchise. The application and proposal of the company consists of the following documents: a. A proposal to provide community antenna tele- vision service to the City of St. Louis Park, Minnesota, presented by Cypress Communications Corp., dated October 12, 1971, signed by Jerry Polinsky. b. Letter to Assistant to City Manager, dated December 20, 1971, signed by Marc B. Nathanson Director of Corporate Development. c. Transcript of CATV interview on January 22, 1972 (present: Marc Nathanson, Martin Blatt, Jerry Polinsky, Burt Harris, George Mehan). d. Memorandum to City of St. Louis Park from Martin Blatt, attorney for Cypress Commurrications Corporation dated April 27, 1972. e. Local programming for City of St. Louis Park; Part I - Program Opportunities for CATV, Part II - Nation-wide examples of current Cypress programs, Part III - current proposal - with letter of July 7, 1972, John Calvetti. f. Amendments to: A Proposal to Provide Antenna Television Service to the City of St. Louis Park, Minnesota, by Cypress Communications Corporation and Northeast Minnesota Cable Company, dated August 2, 1972 signed by Burt I. Harris. 2 w • g. Engineering statement dated August 3, 1972 by Theodore J. Swanson, Vice President of Engineering, Cypress Communications Corporation. h. Letter to City Manager dated September 12, 1972 signed by Harvey L. Simpson. i. Letter to City Manager dated September 12, 1972 signed by Marc B. Nathanson. j. Letter to Assistant to the City Manager dated October 2, 1972 signed by Marc B. Nathanson. k. Letter to City Manager dated January 22, 1973 signed by Marc B. Nathanson. 1. Comments on local origination, St. Louis Park ordinance (no date) made by John R. Calvetti, Vice President -Programming, Cypress Communications Corp. m. Comments on technical specifications, St. Louis Park Ordinance (no date) by Theodore J. Swanson, Vice President -Engineering, Cypress Communications Corp. n. Drawing of the proposed office and studios, Cypress St. Louis Park Cable TV system (no date). o. Supplemental information by Cypress Communications Corp. and Northeast Minnesota Cable Company (no date). p. Programming Activities of Cypress Communications Corporation. With respect to the cablecasting fund to be used for community programming, the company will pay to the city the sum of $10,000 during the first year after the commencement of service. It is intended that the amount of this fund shall grow over the duration of the franchise and remain in proportion to the amount paid in the first year. The city and the franchisee will confer at the end of the first and each subsequent year to review such factors as inflation, growth in the number of subscribers and growth in income, and shall determine the amount of the cablecasting fund for the following year. 3 Sec. 4. Commencement of Service. The franchisee shall commence service, as defined in Ordinance No. 1197, as amended, when full network service is available to at least 4,500 subscribers in the City of St. Louis Park, including multiple dwellings. Sec. 5. Guaranty of Acceptance. This franchise is issued to the company on the express condition that its acceptance of the franchise will include an unconditional guarantee by Warner Cable Corporation, a New York corporation, of the faithful performance by the company of all the terms and conditions of the franchise. Sec. 6. Effective Date. This ordinance shall take effect fifteen days after its publication. Adopted by the City Council Attest: 4111 4d&. City Clerk Reviewed for administration: • AUG 2 0 1973 Approved as to form and legality: ee City ,•Atorney