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Home My WebLink About1475 - ADMIN Ordinance - City Council - 1980/09/02Sept. 2, 1980 8a ORDINANCE NO. 1475 AN ORDINANCE RELATING TO CABLE TELEVISION: AMENDING THE ST. LOUIS PARK ORDINANCE CODE, SECTION 9-706 THE CITY COUNCIL OF ST. LOUIS PARK ORDAINS: Sec. 1. The St. Louis Park Ordinance Code, Section 9-706 (2), is amended to read: 1 1 (7) Previous Rights Abandoned. A franchise shall be in lieu of any and all other rights, privileges, powers, immunities, and authorities owned, possessed, controlled, or exercisable by a franchisee or any successor pertaining to the construction, operation, or maintenance of a cable communications system in the city. The acceptance of a franchise shall operate, as between franchisee and the city, as an abandonment of any and all of such rights, privileges, powers, immunities, and authorities within the city. All construction, operation and maintenance by the franchisee of any cable system in the city shall be under the franchise and not under any other right, privilege, power, immunity or authority. (8) Subject to Other Rules and Regulations. Any franchise shall be subject to all applicable rules and regulations of the FCC and of any state agency having jurisdiction over the operations of the franchisee. In the event that the FCC or any state agency having jurisdiction should modify their rules and regulations relating to local regulatory relationships, the city will amend this ordinance within six months of the effective date of the modification, to be in conformance with the modifications. Section 9-704. Duration of Franchise. Upon filing of the proper acceptance by the franchisee, the bond and the required insurance, the franchise shall take effect as of the effective date of the franchise ordinance and shall continue in full force and effect for a term of 15 years. (Sec. 9-705 repealed by Ord. 1303, November 3, 1975) Section 9-706. Franchise Payment. (1) Payment to the City. A franchisee shall pay to the city an annual franchise fee in an amount equal to five percent of the annual gross subscriber revenue received by the franchisee for services provided within the city for the use of the streets and other facilities of the city in the operation of the broadband telecommunications network and for municipal supervision. (2) Method of Computation; Interest. Sales taxes or other taxes levied directly on a per -subscription basis and collected by the franchisee shall be deducted from the local gross operating revenues before computation of sums due the city is made. The franchise payment shall be in addition to any other payment owed to the city by the franchisee. Payments due the city under the terms of this ordinance shall be computed quarterly as of September 30, December 31, March 31, and June 30 for the preceding quarter and shall be paid on or before the thirtieth calendar day from each said computation date at the office of the city treasurer during his regular business hours. The payments shall begin as of the effective date of the franchise and the initial payment shall be due on the September 2, 1980 date of the first quarterly payment occurring more than 90 days after the franchisee commences service. The city shall be furnished a statement with each payment, certified as correct by the franchisee reflecting the total amounts of gross subscriber revenues, and the above charges, deduc- tions and computations, for the three months' payment period covered by the payment. On or before April 30 of each year the franchisee shall furnish the city with a statement reflecting the total amount of gross subscriber revenue in St. Louis Park and the calculation of the payments due to the City, which statement has been prepared and certified by an independent certified public accountant in accordance with generally accepted auditing standards. In the event that any payment is not made as required, interest on the amount due, as determined from the gross operating receipts computed by a public accountant, shall accrue from that date at the annual rate of 12 percent. The amounts designated in this section may be amended no more than once each year by the City Council, consistent with increased costs for municipal facilities and supervision. (3) Rights of Recomputation. No acceptance of any payment shall be construed as a release or as an accord and satisfaction of any claim the city may have for further or additional sums payable as a franchisee fee under this ordinance or for the performance of any other obligation. Section 9-707. Security for Performance. (1) Performance Bond. The franchisee shall, prior to the commencement of any physical construction, file with the city and at all times thereafter maintain in full force and effect for the term of this franchise or any renewal, at franchisee's sole expense, a corporate surety bond in a responsible company licensed to do business in the state of Minnesota renewable annually, and conditioned upon the faithful performance of franchisee, and upon the further condition that in the event franchisee shall fail to comply with any law, ordinance or regulation governing the franchise, there shall be recoverable jointly and severally from the principal and surety of the bond any damages or loss suffered by the city as a result, including the full amount of any compensation, indemnification, or cost of removal or abandonment of any property of the franchisee, plus a reasonable allowance for attorneys' fees and costs, up to the full amount of the bond, this condition to be a continuing obligation for the duration of the franchise and any renewal and until the franchisee has liquidated all of its obligations with the city that may arise from the acceptance of this franchisee or renewal by the franchisee or from its exercise of any privilege or richt granted by the franchise. The bond shall provide that at least 30 days' prior written notice of either intention not to renew, cancellation or material change in the bond shall be given September 2, 1980 1 II Sec. 2. Effective Date. This ordinance shall take effect 15 days after its publication. Adopted by the City Council September 2, 1980. Attest: ,of.L 72edzmia Reviewed for administration: Approved as to form and legality: City Attorney 0 SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION ST. LOUIS PARK SUN 924 Excelsior Avenue West Hopkins, Minnnesota State of Minnesota County of Hennepin D K MORTENSON, being duly sworn, on oath says he is and during all times here stated has been the vice president and general manager of the newspaper know as 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 every 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 advertisement (4) Said newspaper is circulated in and near the municipalities 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 Hopkins 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 newspaper 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 and affidavit in the form prescribed by the Secretary 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. 1475 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, forOne successive weeks, that it was first so published on Wed the 10th day of Sept. 19 80 and was thereafter printed and published on every 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 abcdefghijklmnopgrstuvwxyz (Official Publication) ORDINANCE NO 1475 AN ORDINANCE RELATING TO CABLE TELEVISION. AMENDING THE ST LOUIS PARK ORDINANCE CODE, SECTION 9-708 The city counall of St Louis Park Ordains Sei! , 1 TheriS1 Louis Park Or- dinance Code, Section 9.708 (2), is amended to read (2),'Metbod of Computation, In- tere‘t'. Sales taxes or other taxes leviedidirectly on a per -subscription basis. and collected by the franchisee shall be deducted from the local gross operating revenues before computa- tion of sums due the city is made The franchise payment shall be in addi- tion to any other payment owed to the city by the franchisee Payments due the city under the terms of this or- dinance shall be computed quarterly as of September 90, December 31, March 31, and June 30 for the preced- 1 ing quarter and shall be -paid on or before the thirtieth calendar day from each said computation date at the office of the city treasurer during his 'regular business hours The payments shall begin as of the effec- tive date, of the franchise and the initial payment shall be due on the date of the first quarterly payment occurring more than 90 days after the franchisee commences service The city shall be furnished a statement with, each payment, certified as cor- rect by the franchisee reflecting the total amounts of gross subscriber revenues, and the above charges, deductions and computations, for the three months' payment period cov- ered by the payment On or 'before April 90 of each year the franchisee shall furnish the city with a statement refledting the total amount' of gross subscriber revenue' in St Louis Park and the calculation of the payments due to the City, v7 ilkh statement has been prepared and, certified by an independent certified public accoun- tant in accorddnce with generally accepted auditing standards In the event the) any payment is not made as requlredf interest on the amount due, as.determined froth the gross operatin'greceipts computed by a publI44, accountant, shall accrue from that date at the annual rate of 12 percents The amounts designated in this section may be amended no more than onee each year by the City Council„ consistent with increased costs for municipal facilities and su- pervision Sec 2 Effective Date This or- dinance shall take effect 15 days after its publication Adopted by the City Council Septem- ber 2, 1980 Mayor Attest City Clerk Reviewed for administration City Manager Approved as to form and legality (Sept 10, 1980)-CSLPityAttorney k eri/LP-L, Subscribed and sworn to before me this 10th day of Sept. 19 80 MERIDEL M. HEDBLOM NOTARY PUBLIC MINNESOTA HENNEPIN COUNTY My commission expires July 2, 1938