The URL can be used to link to this page

Home My WebLink About1397 - ADMIN Ordinance - City Council - 1977/12/19DECEMBER 19, 1977 10c ORDINANCE NO. 1397 AN ORDINANCE RELATING TO CATV; ESTABLISHING A MORATORIUM ON CONSTRUCTION OF FACILITIES THE CITY COUNCIL OF ST. LOUIS PARK ORDAINS: Section 1. Purpose. Ordinance No. 1236 was adopted on August 20, 1973, granting a CATV franchise to Warner Cable Co. of St. Louis Park for a period of 15 years. On October 9, 1973, Ordinance Nos. 1235 and 1236 were amended in certain respects relating to the commencement and sale of service. Immediately following the granting of the franchise, the franchisee, in good faith, took the actions necessary to secure approval by the FCC of the granting of the franchise, and commenced preparation for construction of its system. Subsequent to August 20, 1973, there has been a decline in public demand for CATV service, which combined with a slowdown in the nation's economy, has resulted in the virtual cessation of all construction of CATV systems in the United States. Until the resumption of public interest in and demand for CATV service occurs, it would be unreasonable to complete construction of a CATV system that will not presently be adequately utilized by the citizens of the city, and will probably be partially technologically obsolete by the time it is used. At the same time, it would be inequitable to forfeit the substantial investment which has been incurred in good faith by the franchisee to begin building a CATV system for the city. Section 2. Moratorium on Construction. Notwithstanding any provisions to the contrary, in Sections 9-701 through 9-726 of the St. Louis Park Ordinance Code, or in Ordinance Nos. 1236 and 1247, the franchisee, Jerrold Polinsky, shall not proceed further with construction of a broadband cable communications system for a period of three years from the effective date of this ordinance, provided that the Council shall review this moratorium annually and may terminate the moratorium on any such review. Section 3. Effective Date. This ordinance shall take effect fifteen (15) days after its publication. Adopted by the City Counc11 December 19, 1977. Attest: Approved as to form and legality: City 'ttorney SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION ST. LOUISPARK SUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota ss. County of Hennepin J R RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known at The St Louis Park Sun and has full knowledge of the facts herein stated as follows (1) Said newspaper is printed 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 interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements (4) Said newspaper is circulated in and near the munlcipahty which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second class matter in its local post -office (5) Said newspaper purports to serve the City of St Louis Park, Golden Valley School District No 275 and Robbinsdale School District No 281 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 of said newspaper 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 and at which said newspaper is printed (6) Said newspaper files a copy of each issue immediately with the State Historical Society (7) Said newspaper is made available at single or subscription prices to any person, corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment (8) Said newspapei has complied with all foregoing conditions for at least one year preceding the day or dates of publication mentioned below (9) 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 Secretaiy of State and signed by the managing officer 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 • 1.397 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 successive weeks, that it was first so published on E)d the 28 and was thereafter printed and published on every day of Dee eMber , 1922 to and including the day of , 19— and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit abcdef ghi)klmnopgrstuvwx yz l• Subscribed and sworn to before me thio 2E day of December CARCLYN WHIT: MINNESOTA i NOTARY PUBLIC - HENNEPIN COUNTY pity Commission Expires Aug 18, 1984 ovvr , 19-7L (Official Publication) ORDINANCE NO 1397 AN ORDINANCE RELATING TO CATV, ESTABLISHING A ' MORATORIUM -ON, CONSTRUCTION OF FACILITIES THE CITY COUNCIL OF ST LOUIS PARK ORDAINS Section 1 Purpose OI dinance No , 1236 was adopted on August 20 ,1973, granting a CATV franchise to %I a, net Cable Co of St 'Lows Patk for a period of 15 years On October 9, 1973 Ordinance Nos 1235 and 1236 wet e amended in cerlain respects !elating to the commencement and sale of sei vice Immediately following the granting of the franchise the flan, chisee in good faith took the actions( necessary to 'secure,appioval by ihq FCC of the granting of the ftanchise and commenced prepaiation' for con ' sir uction of its system, Subsequent to August 20 1973 there has been a de cline in public demand for CATV set •vice, which combined with.a slow ;down in the nalmn s economy' Pias re' molted in the vutual cessation of all construction of CATV system, in the United States Until the !estimation of i public interest in and demand fm ' CATV service occurs It would be un Seasondble;to complete con1lucuon =•of a CATV System that atll not pies einll be adequately utilized by the citizen, of the city and will•ptobably be pat wily technologically obsolete ,L';,the tune It us used IAt the same rime it would be inequitable foi foi ' ten the wbstantial investment Mitch har,beenincui ted,in good fftith by the franchisee toybegin'buildin a CA'1 V ystem for the city'� Section 2 Moratoriufiivn Cdnsti uc non Not withstandin ny p1ovi ten to tie eon! id inacection• 9 0, thi ough 9 716 of,lhe, SI t,ouir Pat h :• ': Ordinance Code'oi in Ordinance No, 12'(6 and 1247 the fi,inchisee Jet inlcl Pohn•ky shall not ptoi:eed filo nee aith tonstluctton of „ btoadlialid c,ble communication, system fot petiod of thiee']lesi; bons the effec. rive date of this gldtnance piovtded that the Council shall 1eviea thi mot aIonunt annually and nt. c te! inmate the mot.douum on ,.n% ,uch teinesi"- Sedtion 1 Effective paid`. '1 {tis ot dins, ee stilt take effclg riTtret i`I51 d,:jyyiiet!it,puUlrcatnfit Adopted by, the Gat,, 1,10f cembct 19 19, 7 - fa'e0GU 'i l 11110 7-Xi'p, 'EARN Attc CIO Clerk Reviewed,tor kdn ,tt ,n .y ..' 1 JOHN 14.fi - I1�; kr, , nc !.bge! ,mil N -I NE t 'P0'( i 1 City Attoi net ',Dec 28 =19771 -SI P Cb File No Affidavit of Publication SI: LOUISPARK SUN St. Louis Park, Minnesota In The Matter Of