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Home My WebLink About1247 - ADMIN Ordinance - City Council - 1973/10/09ORIGINAL ORDINANCE NO. OCTOBER 9, 1973 7A AN ORDINANCE AMENDING ORDINANCE NO. 1235 KNOWN AS "CABLE REGULATION ORDINANCE" AND AMENDING ORDINANCE NO. 1236 GRANTING A FRANCHISE TO WARNER CABLE COMPANY OF ST. LOUIS PARK THE CITY COUNCIL OF ST. LOUIS PARK ORDAINS: Section 1. Section 1 (n) of Ordinance No. 1235 is amended to read as follows: (n) "Commencement of Service" occurs when sufficient distribution facilities have been installed so as to make full network service available to at least the number of subscribers specified in the franchise ordinance, actual operations being subsequent to receipt of certificate of compliance from the FCC. Section 2. Sec. 13 (c) of Ordinance No. 1235 is amended to read as follows: (c) Commencement of Service. Within 180 days after the commencement of construction, the franchisee shall commence service to subscribers as defined in Sec. 1 (n) ---, subsequent actual operations being subject to receipt of certificate of compliance from FCC. The completion of the construction and installation shall be pursued with reasonable diligence. Section 3. Sec. 13 (d) Complete Service. The distribution facilities provided by a franchisee shall be constructed in all areas within the corporate limits of the city, within 18 months after the commencement of service. Section 4. Sec. 13 (g) of Ordinance No. 1235 is amended to read as follows: (g) Failure to Complete. The franchisee shall pay to the city $500 per day for failure to commence service as set forth in subsection (c) of this section, and to complete service as set forth in subsection (d) of this section. There shall be no penalty if failure to commence actual operations at anytime is caused by a delay of the FCC in issuing a certificate of compliance. In this event the franchisee shall be prepared, if requested by the city, to demonstrate that the requirements of the franchise have been satisfied. IMP • • •1 Section 5. Sec. 16 (n) of Ordinance No. 1235 is amended to read as follows: (n) Sale of Service of TV Receivers. Neither the franchisee during the period of the franchise nor any of its subsidiaries parents, or affiliate companies, associations or organizations, officers or directors or stockholders holding five percent or more of outstanding stock of the franchisee, shall, within the corporate limits of the city or within ten miles in any direction, directly or indirectly engage in the retail sale, renting, leasing, or repairing of radio or television receivers or their appurtenances, except in the maintenance of this and other Cable TV Systems. Section 6. Sec. 20 (b) (5) of Ordinance No. 1235 is amended to read as follows: (b) (5) If any court of competent jurisdiction, the FCC, or any state regulatory body by rule, decision, orother action determines that any provision of the franchise is invalid or unenforceable, in the opinion of the city all provisions of the franchise being material and essential provisions both to the granting and the continuance of the franchise, without which the city would not have granted the franchise. This provision (5) shall not apply when and after the franchisee has commenced construction under 13 (b). Section 7. Sec. 4 of Ordinance No. 1236 is amended to read as follows: Sec. 4. Commencement of Service. The franchisee shall commence service as defined in Ordinance No. 1197 as amended, when sufficient distribution facilities have been installed so as to make full network service available to at least 4,500 subscribers in the City of St. Louis Park, including multiple dwellings, actual operations being subsequent to receipt of certificate of compliance from the FCC. Section 8. Sec. 5 of Ordinance No. 1236 is amended to read as follows: 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 Delaware corporation, of the faithful performance by the company of all the terms and conditions of the franchise. Section 9. Effective Date. This ordinance shall take effect fifteen days after its publication. Atyest • Adopted by= �//ate City Clerk Reviewed for administration: r-�. City Manager Appas to form d legality: City torney 09, • • 0. SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION LOUISPARKSUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota 1 County of Hennepin j BK. J R RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and prmter of the newspaper known as The St Louis Park Sun and has full knowledge of the facts herein stated as follows (1) Said newspaper is punted in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches (2) Said newspaper is a weekly and is distributed at least once each week (3) Said newspaper has 50% of its news columns devoted to news of local 0 rest to the community which it purports to serve and does not wholly duplicate any other 'cation and is not made up entirely of patents, plate matter and advertisements (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 0 copies regularly delivered to paying subscribers, has an average of at least 75% of its total t ;culation currently paid or no more than three months rn arrears and has entryas second-class ratter in its local post -office (5) Said newspaper purports to serve the City of St Louis Park in the County of Hennepin and it has its known office of issue in the City of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours to the business of the news- paper and business related thereto (6) Said newspaper files a copy of each issue immediately with the State Historical Society (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the clay or dates of publication mentioned below (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper He further states on oath that the printed Ordinance No. 12017 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for one ciiccessive weeks; that it was first so published on ThUT9 the_ 11 day of October 1911 0 was thereafter printed and published on every to and including 6 the day of , 19— and that the following is a printed copy the lower case alphabet from A to Z, bath inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit abcdefghijklmnopqrstuvwxyz abcdefshilk l mnopgrstuvwxvz Subscribed and sworn to before me chic 11 day of October 19 73 otarial Seal) G M Vest, Notary Public, Hennepin County, Minn My Commission Expires April 18th, 1979 (O11icie! Publication) OCTOBER 9,1973 ORDINANCE NO '12477A AN ORDINANCE AMENDING ORDI- NANCE NO 1235 KNOWN'AS "CABLE REGULATION' ORDINANCE" AND AMENDING ORDINANCE NO 1236 GRANTING A FRANCHISE TO WAR- NER CABLE COMPANY OF ST LOUIS PARK THE CITY COUNCIL OF ST LOUIS Section 1 Section 1 (n) of Ordinance No 1235 is amended to read as follows (n) "Commencement of Service" occurs when sufficient distribution facilities have been installed so as to make full network service available to at least the number of subscribers specified in the franchise ordinance, actual operations being subsequent to receipt of certificate of compli- ance from the FCC Section 2 Sec 13 (cl of Ordinance No 1235 is amended to read as follows (el Commencement of Service Within 180 days after the commence- ment of construction, the franchisee shall commence service to subscri- bers as defined in Sec 1 (n) --, sub- sequent actual operations being sub- ject to receipt of certificate of com- pliance from FCC The completion of the construction and installation shall be pursued with reasonable dili- gence Section 3 Sec 13 Id I Complete Service The distribution facilities provided by a franchisee shall be constructed ' in all areas within the corporate lim- its of the city, within 18 months after the commencement of service Section 4 Sec 13 (g) of Ordinance No 1235 is amended to read as follows (g) Failure to Complete, The franchi- see shall pay to the city 6500 per day for failure to commence service as set forth in subsection (c( of this sec- tion, and to complete service as set , forth in subsection (d) of this section I There shall be no penalty if failure to commence actual operations at any- time is caused by a delay of the FCC in issuing a certificate of compli- ance In this event the franchisee shall be prepared, if requested by the city, to demonstrate that the require- ments of the franchise have been sat- isfied Section 5 Sec, 16 (q) of Ordinance No 1235 is amended toread as follows (n( Sale of Service 'I TV Receivers Neither' the franchisee during the period of the francluse nor any of its subsidiaries parents, or affiliate companies, associations or organiza- tions, offic6ls,g-r�dn;ectors or stock- holderAhollddmgJhvepercr�nt or more of .outstah Mak oEllie franchi- see shgIli wi �a to limits of.tlie%AVG r �ites in any dire ill t, an0y pie r,nitiictly en- gage ihh' a in sbb7(6r limiting, leas - or televi- sion receivers,.pljihelr appart& nances, except in the maintenance of this and.other Cable TV Systems Section 6 See 20 (b) 15) of Ordinance No 12854s amended to read as follows , (b( (5(4f any Court of competent ju- risdiction, the FCC, or any state reg- ulatory body -by rule, decision, or other action deternunes that any provision of the franchise is invalid or unenforceable, in the opinion of n(1/ the city all provisions of the fran- chise being material and essential provisions both to the granting and the continuance of the franchise, without which the city would not have granted the franchise This provision (51 shall not apply when and after the franclusee has com- menced construction under 13 (b) Section 7 Sec 4 of Ordinance No 1238 isamended to read as follows Sec 4 Commencement of Service The franchisee shall commence ser- vice as defined in Ordinance No 1197 as amended, when sufficient distri- bution facilities have been installed so as to make full network service available to at (east 4,500 subscribers f in the City of St Louis Park, includ- ing multiple dwellings, actual opera- tions being subsequent to receipt of certificate of compliance from the FCC - Section 8 Sec 5 of Ordinance No 1236 is amended to read as follows Sec 5 Guaranty of Acceptance This franchise is issued to the company on the express condition that,iits accept- ance of the franchise will include an unconditional guarantee by Warner Cable Corporation, a Delaaare cor- poration, of the faithful performance by the companysof all c the conditions nditiansofthefranchise ,'IY -` Section 9 Effective Date nance shall take effect fifteen d its publication - Adopted by the City Council October 9, 1973 s/ FRANK 3 l UCCI Attest Mayor s/ EARL E HANSON City Clerk Reviewed for administration CHRISCHERCHES City Manager Approved as to form and legality s/ WAYNE POPHAM City Attorney (Oct 11,1973(—SLP-2A ( Th Schoi Distr night coun be c for T main trans com $48,2 $695, inter Alt nues ticipa $500,01 , 71 s3, budge The of mo a hal spends serve over fi RIS' with s 0 Z 0 St. Louis Park, Minnesota 6 a.g i 0 s 1- C • • • • • IP III