HomeMy WebLinkAbout1774-89 - ADMIN Ordinance - City Council - 1989/02/06JEt3RUARY 6, 1989 8b
ORDINANCE NO. 1774-89
AN ORDINANCE GRANTING A FRANCHISE RENEWAL
FOR THE OPERATION OF A CABLE TELEVISION SYSTEM IN ST. LOUIS PARK,
ST. LOUIS PARK MUNICIPAL CODE, PART 7 - CABLE TF•LEVISION
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Section 1. Sections 9-701 through 9-752 of the St. Louis Park
Municipal Code are hereby replaced with Sections 9-701 through
9-733 as attached:
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CITY OF ST. LOUIS PARR
CABLE COMMUNICATIONS FRANCHISE ORDINANCE
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PART 7 - Cable Television
INDEX
Section PURPOSES Page No.
9-701 Granting Ordinance; Purposes 1
SHORT TITLE & DEFINITIONS
9-702 Short Title 2
9-703 Definitions 2
GRANT OF AUTHORITY AND GENERAL PROVISIONS
9-704 Application for a Franchise f 10
9-705 Grant of Franchise 12
9-706 Franchise Required 13
9-707 Privileges and Obligations Under the
Franchise Ordinance 14
(1) Agreement 14
(2) Pole Space Obligation 14
(3) Privileges Must Be Specified . . . 14
(4) Privileges Subordinate 15
(5) Consent to Transfer 15
(6) Previous Rights Abandoned 18
(7) Subject to Other Rules and
Regulations 19
(8) Costs 19
(9) Notices 20
9-708 Duration of Franchise 21
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9-709 Franchise Payment 23
(1) Payment to the City 23
(2) Method of Computation; Interest. . 23
(3) Verification and Inspection
of Records 24
(4) Rights of Recomputation 25
(4) Late Payments 25
INDEMNIFICATION, INSURANCE
LETTER OF CREDIT & BONDS
9-710 Security for Performance 26
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(1) Performance Bond 26
(a) Terms of Bond 26
(b) Delays in Performance 28
(2) Letter of Credit 28
(3) Rights Reserved to City 30
9-711 Liability Insurance and Indemnification,_ 31
(1) Public Liability Insurance 31
(2) Review of Coverage 35
(3) Indemnification 1 35
THE CABLE SYSTEM
9-712 System Capability; Facilities 41
(1) System Rebuild 41
(2) Reverse Signal Transmission
Capability 42
(3) Rebuild of Facilities, Equipment
& Service 43
(4) Emergency Power 43
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(5) Business Office -44
(6) Emergency Capability and Use . . . ▪ 44
(7) Studio Facilities; Personnel . . . ▪ 44
(8) Continuous Operation 46
(9) Computer Access 46
9-713 Construction and Technical Standards. . • 47
(1) Compliance with Construction and
Technical Standards 47
(2) Performance Tests and Certification47
(3) Additional Specifications 48
(4) Measurements Used in Performance
Tests 50
9-714 Subscriber Network 51
(1) Basic Cable Service Channels . . . ▪ 51
(2) Specially Designated Public,
Educational, Governmental and
Leased Access Channels 52
(3) Charges for_ _Use__of_Public Access
Channels 53
(4) Channel Capacity Expansion 54
(5) Access Channel Rules 54
(6) Reduction of Channel Capacity. . . • 55
(7) Access Equipment Available 56
(8) Additional Channels for Commercial
Use 57
(9) Local Origination Programming. . . . 57
9-715 Interconnection and Institutional
Network 59
(1) Interconnection 59
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(2) Institutional Network Committee. . . 59
(3) Institutional Network In Lieu of
SLP I -Net Committee's Plan. . . 61
(a) Channel Capacity 61
(b) Coverage 62
(c) Completion 62
(d) Equipment Provided 62
(e) Service Provided 63
(4) Institutional Network Plan 63
9-716 System Construction Requirements &
Installation Schedule 64
(1) System Rebuild and System Upgrade. 64
(2) Permit Application 64
(3) System Rebuild Timetable 65
(4) System Upgrade Timetable 67
(5) Continuation of Service 69
(6) Time l.s 6f -the -Essence -70
(7) Delays and Extensions of Time. . . 70
(8) Failure to Complete 71
(9) Early Construction 72
(10) Line Extension Policy 72
(11) Public Relations During Construction
and Installation 72
(12) City's Reservation of Rights . . . 72
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SYSTEM OPERATION
9-717 Fees, Rates and Charges 74
(1) Basis; Approval 74
(2) Rate Schedule 74
(3) Notice of Rate Change 74
(4) Service Calls 75
9-718 Conditions of Public Property Occupancy ▪ 76
(1) Approval of Proposed Construction. • 76
(2) Excavation Permits 76
(3) Changes Required by Public
Improvements 76
(4) Interference with or Hazard to Persons
and Improvements 77
(5) Method of Installation 78
(6) Protection of Facilities 79
(7) Notice of City Improvements 79
(8) Compliance with Codes 80
(9) Moving Wires 80
(10) Trimming Trees 80
(11) Restoration to Prior Condition. . • 81
(1 2) -Maintenance of SystAn - 82
(13) Efficient Service and Repairs . . . 82
(14) Interference with Reception . . . 82
(15) Record of Equipment and Facilities
to be Maintained 82
9-719 Operation of the Franchise/Consumer
Protection 83
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(1) Consumer Service Policies 83
(2) Consumer Complaints 83
(3) Repairs and Maintenance 84
(a) Maintenance of the System . . ▪ 84
(b) Interruption of Service . . . ▪ 84
(c) Service Response and Rebate . ▪ 84
(4) Reports, Books and Records of
Company 86
(a) City's Right' to Audit 86
(b) Report on Operations 86
(c) Report on Complaints 87
(d) Records and Property Available
for Inspection 87
(e) Report on Channel Use; Notice • 88
(f) Annual Report 88
(5) Filing Communications with
-Regulatory-Agencies -90
(6) Plan Filed 90
(7) Rules of the Company 91
(8) Approval of Service Contract . . . • 91
(9) Company Assistance in Developing
--Ptrb +c -Uses
(10) Preferential or Discriminatory
Practices Prohibited 92
(11) Subscriber Privacy 94
(12) Ownership Interests Prohibited. . ▪ 99
(13) Periodic Evaluation and
Renegotation Sessions 99
(14) Annual Opinion Survey 104
(15) Technical Inspections & Evaluations 106
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9-720 Rights Reserved to the City; Resolution
of Disputes 109
No Impairment of Eminent Domain. . • 109
Company Agrees to City's Rights. . • 109
City's Right to Intervention . . . • 109
Powers of the City 110
(6)
(7)
Administration of Franchise
Ordinance
Resolution of Disputes & Appeal
Procedures
City's Transfer of
9-721 Enforcement
(1)
(2)
(3)
(4) Procedure for
Penalties
(5) Other Rights,
Functions . . . .
Failure to Enforce
Contravention
Provisions. . . .
of Franchise
Ordinance
Penalties
Imposition of
Including Revocation,
Reserved
9-722 Right of Amendment Reserved
to City . . .
110
110
110
112
112
112
112
115
116
117
9-723 Renewal 118
(1) Extension Process 118
(2) Reiiewa1 Process —11-8
(2) Renewal Proposal 122
(3) Upgrade Plan 123
9-724 Removal After Termination
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or Revocation . 125
REVOCATION/ABANDONMENT
9-725 Expiration or Revocation of Franchise . . 127
(1) Expiration; Extended Operation . . ▪ 127
(2) Grounds for Termination or
Revocation 127
(3) Procedure Prior to Revocation. . . • 129
(4) Injunctive Relief 130
(5) Right of City to Purchase;
Disposition of Facilities . . . . 130
(6) Transactions Affecting Ownership
or Control ofl Franchise Ordinance
Facilities 131
(7) City's Right to Purchase System Upon
Receipt by Company of a Bona
Fide Offer 132
(8) Procedures for Exercise of First
Right of Refusal 133
(9) Restoration of Property Upon Removal136
9-726 Abandonment 138
OTHER
9-727 Unauthorized Connections 139
9-728 Severability; Applicable Laws & Court
Decisions 140
9-729 Work Performed By Others 142
9-730 Administration & Advisory Body 143
(1) Administrator 1 143
(2) Advisory Body 143
(3) Delegation of Authority by City . . ▪ 143
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9-731 Time of Acceptance; Guarantee; Incor-
poration of Offering; Exhibits . . . . 145
9-732 Interpretation by City of Franchise. . . . 148
9-733 Validity of Franchise 149
SECTION 9 - 701
GRANTING ORDINANCE; PURPOSES
The City has determined that it is desirable and advantage-
ous to the citizens of St. Louis Park to grant a CATV System
franchise. During the course of prolonged investigation and
public hearings which afforded reasonable notice and a reasonable
opportunity to be heard, the City has considered the request of
Company to renew an existing CATV franchise. In accordance with
state and federal law requirements, the City has reviewed and
found sufficient the Company's technical ability, financial con-
dition, and legal qualifications to operate a CATV System in St.
Louis Park. The City has analyzed Company's plans for rebuild,
maintenance and operation of a CATV System in St. Louis Park as
is set forth with more particularity in this Franchise Ordinance
and found these plans to be adequate and feasible in view of the
needs and requirements of the entire area to be served. The City
therefore finds it is in the public interest to grant to Company
a full and complete, nonexclusive franchise for a period of ten
(10) years for the -_rebuild, operation and maintenance of a CATV
System in St. Louis Park; provided, however, the franchise is
subject to the terms and conditions set'forth in this Franchise
Ordinance.
SECTION 9 - 702
SHORT TITLE
This Franchise Ordinance shall be known and may be cited as
the "Cable Communications Franchise Ordinance," hereinafter
"Franchise Ordinance", and it shall become a part of the ordi-
nances and Legislative Code of the City of St. Louis Park.
SECTION 9 - 703
DEFINITIONS
In this Franchise Ordinance the following terms, phrases,
words and their derivations have the meanings given. When not
inconsistent with the context, words used in the present tense
include the future, words in the plural number include the sin-
gular number, and words in the singular number include the plural
number. The words "shall" and "_will"___ar..e a1-ways_maada-bo-r-y--a-nd
"may" is permissive. Words not defined shall be given their
common and ordinary meaning.
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(1) "Basic service" means all subscriber services provided
by the Company including the delivery of public, educational and
governmental access channels; and local broadcast signals;
covered by a regular monthly charge paid by all subscribers,
excluding optional services for which a separate charge is made.
(2) "CATV System" is synonymous with "cable communications
system" and means any wires, wave guides or other conductors,
equipment or facilities designated, constructed or used for the
purpose of transmission of electrical impulses of television,
radio and other signals either analog or digital, directly or
indirectly for sale or use by residents of the City.
(3) "Cable Service" means subscriber services provided by
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the Company, including, at the subscriber's election, services
covered by the regular monthly'charge paid by all subscribers;
subscriber services provided by the Company for which a special
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charge is made (based on program or service content or time of
usage); and converters, outlets and additional charges made for
cable related services.
(4) The terms "cable television channel" or "CATV channel"
mean a frequency band 6 megahertz (MHz) in width within which a
television broadcast signal is delivered by the CATV System to a
subscriber.
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(5) "Channel frequency response" means within a cable
television channel, the relationship as measured at a subscriber
terminal between amplitude and frequency of a constant -amplitude
input signal.
(6) "City" means the City of St. Louis Park, Minnesota as
it exists now and as its borders may from time to time be
changed; including, without limitation, its officers, boards,
commissions, elected officials, agents, attorneys, representa-
tives, servants and employees.
(7) "City Clerk" means the City Clerk of the City of St.
Louis Park, Minnesota.
(8) "City Manager" means the City Manager of the City of
St. Louis Park, Minnesota.
(9) "Class IV cable television channel" means a signaling
path provided by the CATV System to transmit signals of any type
from a subscriber terminal to another point in the CATV System.
(10) "Company" means Nortel Cable Associates, L.P., the
grantee of rights and obligations under this Franchise Ordinance,
including, but not limited to, all subsidiaries, parents, or
affiliate companies, _associations - r--- g ni zat4ens --h v-i-ffg- a n -y
rights, powers, privileges, duties, liabilities or obligations,
under this Franchise Ordinance; and all owners, affiliates,
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successors, transferees, assignees, subcontractors, agents,
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employees and representatives.
(11) "Converter" means an electronic device which converts
signals to a frequency not susceptible to interference within the
television receiver of a subscriber and, by an appropriate chan-
nel selector, also permits a subscriber to view all authorized
subscriber signals delivered 'at designated converter dial
locations.
(12) "Council" means the 'City Council of the City of St.
Louis Park, Minnesota.
(13) "Dedication" shall mean those rights-of-way main-
tained for the benefit of the public and controlled by the City;
the terms, conditions or limitations of which are not incon-
sistent with the erection, construction or maintenance of a CATV
System, its structures__or_equipment.
(14) "Director of Public Works" means the Director of
Public Works of the City of St. Louis Park, Minnesota.
(15) "Easement" shall mean those rights-of-way owned by
the City; the terms, conditions or limitations of which are not
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inconsistent with the erection, construction or maintenance -Of a
CATV System, its structures or equipment.
(16) "FCC" means the Federal Communications Commission and
any legally appointed, designated or elected agent or successor.
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(17) "Franchise Ordinance" means the incorporated terms of
this Cable Communications Franchise Ordinance, governing the
operation of a CATV System within and throughout the City of St.
Louis Park.
(18) "Gross revenues" means all revenues received in
connection with the operation of the CATV System governed by this
Franchise Ordinance directly or indirectly by the Company, its
affiliates, subsidiaries, parent or any other person in which the
Company, as franchisee of this Franchise Ordinance, has a
financial interest of five percent (5%) or more. Revenue would
include, without limitation, all moneys received or derived from
the following sources: basic subscriber service, monthly fees,
fees for programming offered on a per -channel or per -program
basis, installation and reconnection, leased channel fees,
converter rentals, studio rentals, production equipment and per-
sonnel fees, interactive and data/computer service fees, adver-
tising revenues, and other services offered over the CATV System.
(19)
tem from
equipment
"Installation" means the connection of the CATV Sys -
feeder cable to a subscriber's premises,
including
necessary for reception of signals from the CATV—Sys-
tem, exclusive of a television or radio receiver.
(20) "Institutional Network" means an interactive two-way
communications system in the City, separate and distinct from the
subscriber network and providing institutional services to a
variety of institutions including, without limitation, the City
and its various departments and offices, public schools,
hospitals, libraries, public � works departments and' other
institutions, municipal, county or state.
(21) "Interconnection" means use of microwave, satellite,
coaxial cable, optic fiber or other apparatus on equipment for
the transmission and distribution of signals between two or more
CATV Systems for mutual distribution of programming.
(22) "MHz" means megahertz.
(23) "Pay TV" means origination or access cablecasting
operations for which a per -program or per -channel charge is made
to subscribers.
(24) "Person" means any person, firm, partnership, associ-
ation, corporation, company, organization or entity.
(25) "Public Property" means any real property owned by
the City other than a highway, sidewalk, easement or dedication.
(26) "Subscriber" means any person who receives cable
services from the Company.
(27) "Subscriber terminal" means the CATV System 75 ohm
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cable terminal to which the subscriber's equipment is connected.
Separate terminals may be provided for delivery of cable
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television signals, FM broadcast or other signals of differing
classifications.
(28) "System Rebuild" means the rebuild of Company's CATV
System with new cable and electronics which Company has agreed to
complete by the end of year two (2) of this franchise, pursuant
to Sections 9-712 and 9-716. This System Rebuild will result in,
among other things, an increase in the bandwidth and channel
capacity of the CATV System (currently operating at 300 MHz with
36 activated downstream CATV channels) to 450 MHz with a channel
capacity of 61 downstream CATV channels. System Rebuild is more
specifically explained in Section 9-712.
(29) "System Upgrade" means the subsequent upgrade of
Company's rebuilt CATV System which Company has agreed to com-
plete by the end of year ten (10) of this franchise, pursuant to
Sections 9-716 and 9-723. The System Upgrade will result in,
among other things, an additional increase in the bandwidth and
CATV channel capacity of the CATV System to 550 MHz with a
channel capacity of 77 downstream CATV channels. System Upgrade
is more specifically explained in Sections 9-716 and 9-723.
(30) "Upgr-aAe-T-lan-'-'-mea-rrs-the-pian- for -t -he System Upgrade,
which plan Company shall submit to City for its approval by
July 1 in year eight (8) of this franchise.
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(31) "User" means any individual, institution, organiza-
tion or business that purchases any portion of the CATV System's
bandwidth for delivery of programming or cable services or for
receipt of programming or cable services.
(32) "Video Equivalent Channel" shall mean a band of the
electro -magnetic spectrum which ',is capable of carrying one video
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SECTION 9 - 704
APPLICATION FOR A FRANCHISE
Applications for a franchise shall be filed with the City
clerk in accordance with instructions promulgated by the City and
shall contain the following information and provisions:
(1) The name and business address of the applicant(s),
date of application and signature of applicant(s) or appropriate
corporate officer(s).
(2) A description of the legal, technical and financial
qualifications of the applicant(s).
(3) Payment of the required filing fee.
(4) Any applicant (including, specifically, the Company)
shall reimburse City at the time the applicant accepts a fran-
chise for all reasonable costs of the City in connection with the
granting or renewal of a franchise, including costs for legal
services and publication.
(5) A general description of the applicant's proposed
operation.
(6) A statement of the applicant's proposed schedule of
charges.
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(7) A statement detailing the corporate organization of
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the applicant, if any, including the names and addresses of its
officers and directors and the division of shares between
shareholders.
(8) A statement describing all intra -company relationships
of the applicant including parent, subsidiary or affiliated
companies.
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SECTION 9 - 705
GRANT OF FRANCHISE
Pursuant to the City Charter, applicable provisions of
Chapter 238 of the Minnesota Statutes, and the Cable Communica-
tions Policy Act of 1984, the City grants to the Company a non-
exclusive ten (10) year cable communications system franchise on
the terms set forth in this Franchise Ordinance.
This Franchise Ordinance is for the right and privilege to
rebuild, upgrade, construct, erect, operate and maintain a CATV
System in, on, along, above, over, under and across the highways,
streets, alleys, sidewalks, driveways, dedications, easements and
public property of the City now in existence and as may be
created or established during the term of this Franchise Ordi-
nance. This CATV System is for the purpose of the transmission
and distribution of CATV and other services; electrical impulses
(audio, video, voice, data and other electrical signals) of
television, radio and other intelligences, either analog or
digital; and for _pxa. va-t e -an --pubL i-c--u-se 4-n-a-nd to -t -h e C i l y and of
its residents.
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SECTION 9 - 706
FRANCHISE REQUIRED
After the effective date of this Franchise Ordinance, no
person shall establish, operate or carry on the business of dis-
tributing to any person in the City any television signals, or
radio signals or other intelligences, either analog or digital,
by means of a CATV System unless a franchise has first been ob-
tained pursuant to the provisions of this Franchise Ordinance,
and unless such franchise is in full force and effect. No person
shall construct, install or maintain within any public street in
the City, or within any other public property of the City, or
within any privately owned area within the City which has not yet
become a public street on any tentative__subdivision__ma.p_app.r-aved
by the City; any equipment or facilities for distributing any
television signals or radio signals or other intelligences either
analog or digital over a CATV System unless a franchise autho-
rizing the use of the streets or properties or areas has first
been obtained pursuant to the provisions of this Franchise Ordi-
nance, and unless such franchise is in full force and effect.
SECTION 9 - 707
PRIVILEGES AND OBLIGATIONS UNDER THE FRANCHISE ORDINANCE
- (1) Agreement. The Company agrees to be bound by all the
terms and conditions of this Franchise Ordinance. The Company
also agrees to provide all services specifically set forth in the
documents submitted to the City in Company's application for
renewal of a CATV System franchise. By its acceptance of this
Franchise Ordinance, the Company agrees that its application and
pro formas (copies of which are on file in the office of the City
Clerk) are adopted and made a part of this Franchise Ordinance.
In the event of a conflict or discrepancy between the application
of the Company and the provision of this Franchise Ordinance,
that provision which provides the greatest benefit to the City,
in the opinion of the City, shall prevail.
(2) Pole Space Obligation. A franchise shall not relieve
the Company of any obligation to obtain permits for pole space
from any department of the City, a utility company, or from
others maintaining paL s_in-the-City.
(3) Privileges Must be Specified. No privilege or exemp-
tion shall be inferred from the granting of any franchise unless
it is specifically prescribed. Nothing in this Franchise
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Ordinance shall be deemed to require the granting of a franchise
when in the opinion of the Council it would not be in the public
interest to do so.
(4) Privileges Subordinate. Any privilege claimed under a
franchise in any street or other public property shall be subor-
dinate to any lawful occupancy of the street or other public
property or to any present or future improvements including with-
out limitation sidewalks and roadway widening.
(5) Consent to Transfer. The sale or transfer of the CATV
System franchised under this Franchise Ordinance (including the
sale or transfer by means of a fundamental corporate change, or a
fundamental partnership change), requires the prior written
approval of the City. The parties to the sale or transfer shall
make a written request to the City for its approval of the sale
or transfer. The Cites -shall reply in writing within thirty (30)
days of the request and shall indicate its approval of the re-
quest or its determination that a public hearing is necessary if
it determines that a sale or transfer may adversely affect the
Company's subscribers. The City shall conduct a public hearing
on the request of the Company within thirty (30) days of that
determination. The Company hereby agrees that it shall cooperate
with the City and its agents and/or employees to provide them
with all necessary informationl that the City deems relevant in
order to assess whether or not an approval is appropriate. Such
information shall include, but not be limited to:
(a) the name and address of the proposed transferee
and if such transferee is a corporation, the state of incor-
poration and all states in which it is licensed to do
business;
(b) the proposed transferee's technical ability,
financial condition and legal qualifications;
(c) the current number of homes passed, basic sub-
scribers and pay -television subscribers;
(d) all financial information regarding the sale or
the transfer including its proposed date; and
(e) any other information that the City deems
necessary.
Unless otherwise already provided for by another ordinance,
notice of the hearing shall be given at least fourteen (14) days
before the hearing by publishing notice of it once in a newspaper
of general circulation in the area being served by this Franchise
Ordinance. The notice must contain the date, time and place of
hearing and must-b-r-3-e-f-ly state--t-ha substance of the action to be
considered by the City. Within thirty (30) days after the public
hearing, the City shall approve or disapprove in writing the sale
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or transfer request. Such approval must not be unreasonably
withheld.
The sale or transfer of stock or an interest in a corpora-
tion, partnership, sole proprietorship or other entity so as to
create a new controlling interest in a CATV System is also sub-
ject to the requirements of this Section. The term "controlling
interest" as used herein is not limited to majority stock owner-
ship, but includes actual working control in whatever manner
exercised.
For purposes of this Section, fundamental corporate change
means the sale or transfer of the majority of the corporation's
assets; merger, including a parent and its subsidiary corpora-
tion; consolidation; or the creation of a subsidiary corporation.
For purposes of this Section, "fundamental partnership change"
means the sale or- transfer—of =all—=or—a---majority--of -a -partner-
ship's assets; change of a general partner in a limited partner-
ship; change from a limited to a general partnership; incorpora-
tion of a partnership; or change in the control of a partnership.
At a minimum, the word "control" means a legal or beneficial
interest (even though actual working control does not exist) of
at least five percent (5%) or more. Every change, transfer or
acquisition of control of the Company shall make the Franchise
Ordinance subject to cancellation unless and until the City shall
have consented in writing, which consent shall not be
unreasonably withheld. The Company or proposed transferee shall
assist the City in any such inquiry and the Company shall pay all
costs incurred by the City in so inquiring, including City staff
time at a value determined by the City.
In no event shall a transfer or assignment of ownership or
control be approved without transferee becoming a signatory to
this Franchise Ordinance.
Any right, title or interest of transferee shall be subordi-
nate to any right, title or interest of the City.
(6) Previous Rights Abandoned. A cable communications
franchise shall be in lieu of any and all other rights, privi-
leges, powers, immunities, and authorities owned, possessed,
controlled, or exercisable by a Company (or any transferee) per-
taining to the rebuild, upgrade, construction, operation or main-
tenance of a CATV System in the City. The acceptance of this
Franchise Ordinance shall operate, as between the Company and the
City, as an abandonment of any and all of such rights, privi-
leges, powers, immunities, and authorities within the City. Any
rebuild, upgrade, construct ion, ape-r-at-io-n -a-rid—maintenance by the
Company of any CATV System in the City shall be under this Fran-
chise Ordinance and not under any other right, privilege, power,
immunity or authority.
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(7) Subject to Other Rules and Regulations. The Company
and City shall conform to all federal, state and local laws and
regulations regarding cable communications not later than one (1)
year after they become effective; unless otherwise stated. Com-
pany shall also conform with all City ordinances (in addition to
this Franchise Ordinance), resolutions, rules and regulations
heretofore or hereinafter adopted or established during the en-
tire term of the Franchise Ordinance. This Franchise Ordinance
complies with all requirements of the Minnesota franchising stan-
dards set forth in the Minnesota Statutes and all statutes,
rules, regulations and other laws relating to the content and
grant of a CATV franchise.
(8) Costs. Costs to be borne by Company shall include,
but shall not be limited to, all costs incurred by the City, its
staff, appointees, -or--elected-officials_i.n_assessing_the_need for
franchising and the renewal of a franchise for a CATV System,
including the present renewal. Such costs shall also include,
but not be limited to, publications of notices prior to any
public meeting provided for pursuant to this franchise, and the
costs incurred by the City in its study, preparation of proposal
documents, evaluation of any applications, and examination of
applicants' qualifications.
(9) Notices. All notices from Company to the City
pursuant to this Franchise Ordinance shall be filed with the City
Clerk and with the City Manager. Company shall maintain with the
City, throughout the term of this Franchise Ordinance, an address
for service of notices by mail. Company shall also maintain with
the City, a local office and telephone number for the conduct of
matters related to this Franchise Ordinance during normal
business hours. _
SECTION 9 - 708
DURATION OF FRANCHISE
(a) The term of the cable franchise granted by the City to
the Company pursuant to this Franchise Ordinance shall be for a
period of ten (10) years from and after the effective date.
Nothing in this Section limits the City's rights to revoke or
terminate the franchise granted by this Franchise Ordinance pur-
suant to Section 9-724 and 9-725.
(b) Pursuant to Sections 9-712, 9-716 and 9-723; the Com-
pany is required to construct a System Rebuild to be completed by
the end of year two (2) of the franchise; to submit an Upgrade
Plan by July 1 of year eight (8) of the franchise; and construct
a System Upgrade to be completed by the end of_year ten (10i_oF
the franchise. Upon approval of the Upgrade Plan by the City in
year eight (8), Company shall immediately commence construction
of the System Upgrade.
(c) If the System Upgrade is completely constructed by the
end of year ten (10) of the franchise, and the City certifies
construction completed satisfactorily (per procedures specified
in Section 9-716), the term of this Franchise Ordinance shall be
extended for an additional period of ten (10) years, from a ten
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(10) year to a twenty (20) year franchise. If, however, the
System Upgrade is not completely constructed by the end of year
ten (10), and/or the Company does not obtain the City's
certification, the term of the franchise granted pursuant to this
Franchise Ordinance shall remain ten (10) years, at the end _of
which time the franchise will expire.
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SECTION 9 - 709
FRANCHISE PAYMENT
(1) Payment to the City. For the use of the streets and
other facilities of the City in the operation of the CATV System
and for municipal supervision, Company shall pay to the City an
annual franchise fee in an amount equal to five percent (5%) of
the annual gross revenues received by the Company for cable ser-
vices within the City. Payment will be made to the City with an
itemization of the gross revenues.
(2) Method of Computation; Interest. Local sales taxes or
other local taxes levied directly on a per -subscriber basis and
collected by the Company shall be deducted from the local gross
revenues before computation of _sums due --the City--i-s-made. The
franchise payment shall be in addition to any other payment owed
to the City by the Company. Payments due the City under the
terms of this Franchise Ordinance shall be computed quarterly.
The quarter shall end on September 30, December 31, March 31 and
June 30 and the franchise fee shall be paid on or before the
thirtieth (30th) calendar day from each computation date at the
Office of the City Treasurer, during regular business hours. The
City shall be furnished a statement with each payment, certified
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as correct by the Company, reflecting the total amounts of gross
revenues, and the above charges, deductions and computations, for
the three (3) months' payment period covered by the payment. On
or before April 30 of each year the Company shall furnish the
City with a statement reflecting the total amount of gross reve-
nues 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 gener-
ally accepted auditing standards.
In the event that any franchise fee payment is not made on
or before the applicable date(s) specified and in the manner
required, interest on the amount due (as determined from the
gross operating receipts computed by an independent certified
public accountant), shall accrue from the required payment date
at the annual rate of twelve percent (12%).
(3) Verification and Inspection of Records. The City
shall have the right to inspect the Company's income records.
The City may, but is not required to, audit such records and to
recompute any amounts determined to be payable under this Fran-
chise Ordinance. It --the--a-ud3-t- rcvcv-l-s--C-empa-ty's-franchise—fee
payment was less than the amount the auditor found to be due and
owing, the Company shall reimburse the City for all expenses
incurred by the City in conducting the audit, and the Company
shall submit payment of the difference to the City immediately
upon receipt of notice of the discrepancy.
(4) 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 franchise fee under this Franchise Ordinance or for
the performance of any other obligation.
(5) Late Payments. The City's acceptance of a late pay-
ment by the Company shall not be deemed a waiver of their right
to enforce in the future that timely payments be made.
SECTION 9 - 710
SECURITY FOR PERFORMANCE
(1) Performance Bond.
(a) Terms of Bond. As of the effective date of this
Franchise Ordinance, the Company shall file with the City
Clerk at its own expense, and at all times thereafter main-
tain in full force and effect for the term of this Franchise
Ordinance or any renewal, running to the City, a faithful
performance bond in the amount of $500,000.00. The bond
shall be issued by a responsible company licensed to do
business in the State of Minnesota, renewable annually and
conditioned upon the faithful performance by the Company of
all the terms and conditions of this Franchise Ordinance.
This performance bond shall contain the further condition
that in the event Company shall fail to comply with any law,
ordinance or regulation governing the Franchise Ordinance,
any such failure shall be deemed material and the principal
and surety o f=the_ho.n.d _shall -b -e -ia i -n -t4 y-a-nd-s-e verai ly - lz abl e
for any damages or loss suffered by the City as a result,
including the full amount of any compensation, indemnifica-
tion, or cost of removal or abandonment of any property of
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the Company, plus a reasonable allowance for attorneys' fees
and costs, up to the full amount of the bond.
This condition shall be a continuing obligation for
the duration of the Franchise Ordinance and any renewal or
extension and until the Company has liquidated all of its
obligations with the City that may arise from the Company's
acceptance of this Franchise Ordinance or from Company's
exercise of any privilege or right granted by this Franchise
Ordinance.
After completion of the System Rebuild required by
Sections 9-712 and 9-716 of this Franchise Ordinance, and
after certification of completion by an independent engi-
neer, the performance bond shall be reduced to $50,000.
At the time of submittal of the Upgrade Plan in year
eight (8) of --t-his --Franchise _Ordinance, _the _Company shall
include a proposal for increased bonding during the
construction of the System Upgrade.
Notwithstanding the above provisions of this subsec-
tion, the Council may in its sole discretion waive the bond
or reduce the required amount after five (5) years of opera-
tion of a CATV System under the Franchise Ordinance by the
Company; if the operation, in the sole opinion of the City,
has been satisfactory.
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The bond(s) should be subject to the approval of the
City and shall contain the following endorsement:
It is hereby understood and agreed that this
bond may not be cancelled until sixty (60)
days after receipt by the City (by filing
with the City Clerk), by registered mail
return receipt requested, of a written
notice of intent to cancel, intent not to
renew, or material change in the bond.
(b) Delays in Performance. The bond(s) required in
this subsection shall provide that with fifteen (15) days'
prior written notice to the Company, the City may recover
against the surety the sums provided for failure to complete
construction in accordance with any provisions of this Fran-
chise Ordinance.
(2) Letter of Credit.
(a) Within ten (10) days after the adoption of this
Franchise Ordinance, Company shall deposit with the City an
effective irrevocable Letter of Credit from a local finan-
cial institution (and maintain at all times through the term
of this Franchise Ordinance), in the amount of Fifty
Thousand Dollars ($50,000.00). The form, manner and content
of the Letter -of -Cr -edit shall be subject to --the approval by
the City Council. The Letter of Credit shall be used to
insure the faithful performance by Company of all the pro-
visions of this Franchise Ordinance; and compliance with all
orders, permits and directions of City and the payment by
Company of any claims, liens and taxes due City which arise
by reason of the construction, rebuild, upgrade, operation
or maintenance of the CATV System. The City may utilize the
Letter of Credit to obtain an appropriate amount to pay
penalties as authorized by Section 9-721, from and after
City gives Company thirty (30) days notice of default of any
Franchise Ordinance provision. City reserves the right, in
its sole discretion, to reduce the required amount of the
Letter of Credit.
(b) If Company fails to pay to City any taxes due
and unpaid; or, fails to repay to City, any damages, costs
or expenses which City shall be compelled to pay by reason
of any act or default of the Company in connection with this
Franchise Ordinance;-or-fa3-l-s,--a-f-t-e-r-t-h4r-t-y-1-3-0--da-y-s---not-i-ce
by City of Company's failure to comply with any provision of
the Franchise Ordinance which City reasonably determines can
be remedied by an expenditure of the security, City may
immediately request and receive payment of the amount due
and owing (with interest and any penalties) from the finan-
cial institution holding the Letter of Credit. Upon request
for such payment, City shall notify the Company of the
amount and date of the payment.
(c) Whenever the City shall receive payment of any
amount against the Letter of Credit, the Company shall pay
to or deposit with the financial institution holding the
Letter of Credit an amount sufficient to replenish the Let-
ter of Credit to its full value of Fifty Thousand Dollars
($50,000.00) within ten (10) days after the Company has been
notified of the City's request for payment. The City
Manager shall be furnished with written proof of replenish-
ment not later than twenty-four (24) hours after it is
accomplished.
(d) The Letter of Credit shall contain the following
endorsement:
It is hereby understood and agreed that this -
Letter of Credit may not be cancelled by the
financial institution nor the intention not
to renew be stated until thirty (30) days
after receipt by the City, by registered
mail, of -a -written notice -of such intention
to cancel or not to renew.
(3) Rights Reserved to City. The rights reserved by the
City with respect to the bond(s) and Letter of Credit are in
addition to all other rights and remedies the City may have under
this Franchise Ord na-nye---o-r-may other -iaw.
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SECTION 9 - 711
LIABILITY INSURANCE AND INDEMNIFICATION
(1) Public Liability Insurance.
(a) At all times during the term of the Franchise
Ordinance, Company shall maintain and (by its acceptance of
a franchise under this Franchise Ordinance) specifically
agrees that it will maintain in full force and effect, and
at its own cost and expense, the following listed liability
insurance insuring the City and the Company. Such insurance
shall be written with an insurance -company licensed to; do
business in the State of Minnesota, for minimum amounts not
less than the following:
for claims ---because of bodily --i-njur-y, -si-ck-ne^s-s,
disease, or death of any person or persons including,
without limitation, the Company's employees, and for
claims because of damage to or destruction of property
of others including loss of use, arising out of the
construction, rebuild, upgrade, repair, maintenance
and/or operation of Company's CATV System:
Bodily Injury & Property Damage
Combined Single Limit
$1,000,000 each occurrence
$2,000,000 aggregate
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or
Bodily Injury Liability $1,000,000 each person
$1,000,000 each occurrence
Property Damage Liability $1,000,000 each occurrence
$2,000,000 aggregate
(b) The insurance referred to in subparagraph (a)
above shall be written under the commercial general liabil-
ity form including:
(i) Premises/Operations Liability
(ii) Products/Completed Operations Liability
(iii) Contractual Liability (to provide coverage
for the Indemnification Clause in this
Section)
(iv) Independent Contractors Liability
and commercial automobile coverage providing coverage for
all owned, hired and non -owned automobiles.
The Company may, at its option, provide the limits of
liability as__se_t____out___above—b_y__a—combination of the—above
described forms and an umbrella excess liability policy.
Company agrees that if an umbrella policy is used, Company
will seek a provision that if the policy carrier is unable
or fails to provide coverage, the umbrella policy shall
provide coverage.
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(c) The policy or policies shall afford the same
limits of liability as set out above for liability assumed
under contract.
(d) All responsibility for payment of any sums
resulting from any deductible provision, corridor, or self-
insured retention conditions of the policy or policies shall
remain with the Company and the Company shall indemnify,
keep and save the City free and harmless from liability for
such sums unless the City expressly waives this provision in
writing.
(e) The policy or policies shall waive any and all
governmental immunity as a defense in any action brought
against the insured up to the amount of insurance coverage
available but shall not waive any governmental immunity for
sums exceeding --the -amount-of ---insu-rance-coverage.
(f)
Approval of the insurance by the City shall not
in any way relieve or decrease the liability of the Company,
and it is expressly understood that the City does not in any
way represent that the above specified insurance or limits
of liability are sufficient or adequate to protect the Com-
pany's interests or liabilities.
(g)
The insurance policy or policies obtained by the
Company in compliance with this Section must be approved by
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the City Manager, and copies must be filed with the City
Clerk. In addition, the Certificate of Insurance, along
with written evidence of payment of required premiums, shall
be filed and maintained with the City Clerk during the term
of the franchise. The Certificate of Insurance shall show:
Name of carrier;
Policy Number and term;
Coverages afforded; and
If there are special limitations or exclusions on the
insurance policy, then a copy of the policy exclusions
or limitations must be submitted with the Certificate
of Insurance.
Binders shall be filed with the City Clerk as soon as they
are obtained.
(h) All subcontractors of the Company shall be
required to carry similar liability insurance to that of
Company. Evidence of the same shall be provided to the City
upon request.
(i) The policies shall name the City, its officers,
boards, commissions, agents, Pmp1 oy_e_es_a.nri_ ppo-i-n4ees--as
additional insureds. If the insurance is provided by a
liability policy which also covers the Company or any other
entity or person other than the City and the Company, then
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the liability policy shall contain an enforcement concerning
gross liability, which shall be subject to approval by the
City Manager.
(j) All insurance policies maintained pursuant to
this Franchise Ordinance shall contain the following
endorsement:
It is understood and agreed that this insur-
ance policy may not be cancelled nor the
intention not to renew be stated until sixty
(60) days after receipt by the City, by
registered mail, of written notice of such
intention to cancel or not to renew.
(2) Review of Coverage. The City shall annually review
the above insurance provisions; and, if it is determined that the
insurance coverage is inadequate, additional insurance may be
required as is reasonably determined by the City and shall be
provided by the Company.
(3) Indemnification.
(a) Company shall fully indemnify, defend and hold
harmless, City, its officers, boards, commissions, elected
officials, agents, attorneys, representatives, servants and
employees against any -a-nd —al -1 —c -es -t -s, damages;—expenses,
claims, suits, actions, liabilities and judgments for dam-
ages, including but not limited to, expenses for legal fees,
whether suit be brought or not, and disbursements and
liabilities incurred or assumed by City in connection with:
(i) damage to persons or property, in any way
arising out of or through the acts or omissions of
Company or City, their respective servants, officials,
agents, attorneys, representatives or employees or to
which Company's or City's negligence or that of their
respective servants, agents, officials, attorneys,
representatives or employees shall in any way
contribute;
(ii) requests for relief arising out of any
claim for invasion of the right of privacy; for
defamation of any person, firm or corporation; for the
violation or infringement of any copyright, trademark,
trade name, service mark or patent; or of any other
right of any person, firm, or corporation, excluding
claims arising out of or relating to City's own
programming;
(iii) any and all claims arising out of
Company's failure to comply with the provisions of this
Franchise Ordinance or any federal, state or local law,
ordinan-ee---or--reg-u-lat-Sen—appl-i-cable to -C-ompany—o-r the
CATV System;
(iv) any and all claims which Company may now or
hereafter have or claim to have against City, its
servants, agents, attorneys, representatives, employees
or officials, due to or arising out of damage to any of
Company's property or equipment, including, without
limitation, resulting or consequential loss of income,
injury to reputation, or any other resulting or con-
sequential damages of any kind, caused by or resulting
from acts or omissions of City or any of its servants,
agents, attorneys, representatives, employees or offi-
cials; and
(v) any and all disputes arising out of a claim
wherein damages or other relief is sought as a result
of the City's cable communications franchising
procedure or as a result of the renewal of the cable
communications franchise, or as a result of the City's
failure __to __award _a franchise to any other _person,
partnership,
partnership, corporation or other legal entity.
(b) If suit be brought or threatened against City,
either independently or jointly with Company, or with any
other person or municipality; Company, upon notice given by
City, shall defend City at the cost of Company. If final
judgment is obtained against City, either independently or
jointly with Company or any other defendants, Company shall
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indemnify City and pay such judgment with all costs and
satisfy and discharge the same.
(c) City reserves the right to cooperate with the
Company and participate in the defense of any litigation
either through intervention or otherwise. Company shall pay
upon receipt of written demand from City, all expenses
incurred by City in defending itself with regard to any
matters in this Section. These expenses shall include, but
not be limited to, attorneys' fees, and the reasonable value
of services (as determined by City) rendered by City or any
of its employees, officials, attorneys, servants, agents or
representatives.
(d) The City is in no manner or means waiving any
governmental immunity it may enjoy or any immunity for its
agents, officials, servants, attorneys, representatives
and/or employees.
(e) The Company shall make no settlement in any
matter identified above without the City's written consent,
which shall not be unreasonably withheld. Failure to inform
t he City of_ _set_tl eme nt _shall -con-st-t -e—a--b-eea-ch—of L h i b
Franchise Ordinance and the City may seek any redress avail-
able to it against the Company whether set forth in this
Franchise Ordinance or under any other municipal, state or
federal laws.
(f) If the City awards any additional cable communi-
cations franchise in any future franchise process to a firm
other than Company, then Company agrees that it will not
bring, or cause to be brought, any action, suit or other
proceeding claiming damages, or seeking any other relief
against City, its elected officials, officers, boards, com-
missions, employees, representatives, servants, agents or
attorneys for any award of a franchise made in conformity
with this Franchise Ordinance, Chapter 238 of the Minnesota
Statutes and the Cable Communications Policy Act of 1984.
(g)
All rights of City pursuant to indemnification,
insurance, Letter of Credit or performance bond(s), as pro-
vided for by this Franchise -Or-diva-nee,--ar-e-in-,add t-iori -tom
all other rights the City may have under this Franchise
Ordinance or any other ordinance, rule, regulation or law.
(h) The City's exercise of or failure to exercise
any rights pursuant to any Section of this Franchise Ordi-
nance shall not affect in any way the right of City subse-
quently to exercise any such rights or any other right of
City under this Franchise Ordinance or any other ordinance,
rule, regulation or law.
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(i) It is the purpose of this Section to provide
maximum indemnification to the City under the terms and
conditions expressed and, in the event of a dispute, this
Section shall be construed (to the greatest extent permitted
by law) to provide for the indemnification of the City by
the Company.
(j) The provisions of this Section shall not be
dependent or conditioned upon the validity of this Franchise
Ordinance or the validity of any of the procedures or agree-
ments involved in the renewal of the franchise, but shall be
and remain a binding right and obligation of the City and
Company even if part or all of this Franchise Ordinance, or
the grant or renewal of the franchise, is declared null ,and
void in a legal or administrative proceeding. It is
expressly the intent of the Company and City that the
provisions of this Section survive any such declaration and
shall be a binding obligation of and inure to the benefit
of the Company and City and their respective successors and
assigns, if any.
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SECTION 9 - 712
SYSTEM CAPABILITY; FACILITIES
(1) System Rebuild. Currently, the CATV System has a
bandwidth of 300 MHz with 36 activated downstream cable televi-
sion channels. In consideration of renewal of this franchise,
Company has agreed to rebuild the CATV System currently in place
by the end of year two (2) of this franchise, so that the System
Rebuild will serve all residences in the City and have the
features, facilities and equipment set forth in this subsection
as described in attached Exhibit "A", incorporated by reference.
Company shall overlash all existing aerial distribution
cable with new cable and install all new electronics. Company
shall replace all existing aerial and underground Jxun.k -and _dis-
tribution cable and install all new electronics. Upon completion
of the System Rebuild, the CATV System shall be a broadband tele-
communications network having a minimum initial bandwidth of 450
MHz with a channel capacity of 61 downstream CATV channels. The
CATV System shall be a single cable network which is of a quality
comparable to or better than the channel capacity and satellite -
delivered services of the CATV Systems in Fridley and
Bloomington, as well as of any other CATV Systems which Company
1
offers (or may,
in the future, offer) in Twin Cities metropolitan
communities with populations of 100,000 or less. The active
electronics shall be spaced to accommodate future upgrading to
550 MHz with a channel capacity of 77 downstream CATV channels
utilizing feed forward operation. The passive electronics shall
accommodate a 550 MHz operation.
The Company shall activate one-way addressability for the
provision of pay services, pay-per-view services, and other
ancillary services. The CATV System shall have the technical
capacity for nonvoice return communications which, for purposes
of this Franchise Ordinance, means the provision of appropriate
system design techniques with the installation of cable and
amplifiers suitable for the subsequent insertion of necessary
nonvoice communications electronic modules.
(2) Reverse Signal Transmission Capability. The reverse
signal transmission capability of the CATV System shall be -at
least in accordance with the requirements of the FCC's Third
Report and Order. Whenever a reverse circuit is completed to a
subscriber's premises so as to permit a response to an interroga-
tion originated by- he--Compa-ny-, it shall be- i-nstokted--in--such a
way so as to permit subscriber notification and deactivation as
set forth in Section 9-719(1).
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(3) Rebuild of Facilities, Equipment and Service. The
Company shall rebuild its facilities, equipment and service so
that its CATV System is as advanced as the current state of tech-
nology which field -proven equipment will allow. Specifically,
Company shall continually upgrade its facilities and equipment to
a quality comparable to or better than the CATV Systems in
Fridley and Bloomington as well as those CATV Systems which
presently exist or which may exist in the future in the other
Twin Cities metropolitan communities (wherein the population is
100,000 or less) in which the Company offers CATV services. The
foregoing shall include, but not be limited to, the provision of
a comparable or greater number of activated downstream and
upstream CATV channels and satellite -delivered services upon
completion of the System Rebuild. In order to show that such
ongoing upgrade is -being accomplished, Company shall -cooperate
with City in Periodic Evaluation Sessions and Technical Inspec-
tions and Evaluations as more fully set forth in Section 9-
719(13) and (15).
(4) Emergency Power. The Company shall provide emergency
and automatic standby power for the headend and the trunk lines
that will enable emergency use of the facilities as provided in
subsection (6) of this Section. In addition, at such time as
emergency and automatic standby power is provided for the public
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access/local origination studio in Fridley, Company shall provide
such standby power for its studio in St. Louis Park.
(5) Business Office. The Company shall maintain a full
service office in the City at a location convenient to the public
and shall offer all walk-in consumer services and assistance
offered by Company at any of Company's other business offices.
See Section 9-719.
(6) Emergency Capability and Use. In the case of any
emergency or disaster, the Company shall make its entire CATV
System available without charge to the City or to any other
governmental or civil defense agency that the City shall
designate. The Company shall incorporate into its facilities the
capability of emergency override audio alert whereby the City in
times of_crises, or at times of testing, may be able to introduce
a bulletin on all channels simultaneously. The Company shall
provide all equipment necessary for use of the emergency alert
system in a location to be designated by the City.
(7) Studio Facilities; Personnel.
(a) The Company shall provide a full color capable
studio within City. This studio shall enable preparation
and playback of simultaneous live and/or taped programming
within its facilities and provide adequate space for
reasonable audience participation. Company's studio shall
be accessible to the public and operate at reasonable hours
to accommodate the public.
(b) Company shall provide either by a separate cable
or by use of the bi-directional capability of its CATV
System, the capability for live remote cablecasting from at
least five (5) selected locations within the City of St.
Louis Park to be designated by the City. Company shall
connect any public building or facility designated by the
City that lies along the bi-directional routes of the five
(5) selected locations. The Company shall also provide a
mobile van capable of remote cablecasting.
(c) The, Company shall, upon request and at no
charge, provide the production facilities and personnel
reasonably necessary _to_assist-in—the_preparat ion _and __tr_ans-
mission of governmental and educational programs. Upon
approval by City, Company may delegate responsibility to a
third party to help accomplish the requirements set forth in
this Section and Section 9-714(8).
(d) Attached as Exhibit "B" and made a part of the
Franchise Ordinance is a listing of equipment for the studio
facility and mobile van required by this Section, as well as
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the upgrade, replacement and maintenance plan for this
equipment and facility.
(8) Continuous Operation. The CATV System shall be
designed for 24 -hour -a -day continuous operation.
(9) Computer Access. The Company shall, when it becomes
technically and economically viable, provide computer access to
all subscribers.
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SECTION 9 - 713
CONSTRUCTION AND TECHNICAL STANDARDS
(1) Compliance with Construction and Technical Standards.
Company shall construct, install, operate and maintain its system
in a manner consistent with all laws, ordinances, construction
standards, governmental requirements and FCC technical standards.
In addition, Company shall provide to each subscriber a statement
in layman's language of the quality of signal to be expected by
the subscriber.
(2) Performance Tests and Certification.
(a) The Company shall be responsible for insuring
that the CATV System is designed, installed and operated in
a manner which fully complies with the technical standards
of this Franchise Ordinance.
(b) The Company shall conduct, as set forth by the
FCC in their Third Report and Order, complete performance
tests of the CATV System at least once each calendar year
[at intervals not to exceed fourteen (14) months]. The
Company shall provide the City, upon request, with a written
report establishing that the CATV System does, in fact,
comply with the technical standards. In addition, the
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Company shall file with the City a certificate detailing the
test standards, the instruments and procedures used, the
results of the tests, and the credentials of the person(s)
conducting the tests. Company shall give the City adequate
notice prior to the administration of the tests to allow a
technical representative appointed by the City to be present
during testing. All costs of testing, including the City's
technical representative if one is appointed, shall be borne
by the Company.
(c) After reviewing the certificates of compliance
required in paragraph (b), the City may require that addi-
tional measurements or performance tests be made, or that a
clarifying explanation be supplied.
(d) Company shall bear all of the costs of testing
required as a result of this Franchise Ordinance. Any con-
sultant performing such testing shall be mutually agreed
upon by City and Company and shall, in its proposal to per-
form such testing, establish a maximum estimated charge for
such testing.
(3) Additional Specifi-cattons. -Construction, inStalla-
tion and maintenance -of the CATV System in City shall be per-
formed in an orderly and workmanlike manner. All cables and
wires shall be installed, where possible, parallel with electric
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and telephone lines. Multiple cable configurations shall be
arranged in parallel, and bundled with due respect for engi-
neering considerations.
Company shall at all times comply with:
(a) National Electrical Safety Code as prepared by
the Institute of Electrical and Electronic Engineers;
(b) National Electrical Code of the National Fire
Protection Association;
(c) Bell Telephone System's Code of Pole Line Con-
struction, also known as Bell System Manual of Construction
Procedures as it applies to the construction of a CATV
System; and
(d) Other applicable federal, state and local zoning
regulations.
In any event, the CATV-- System-- shall nct -endanger or _interfere
with
with the safety of persons or property in the franchise area or
other areas where the Company may have equipment located.
Any antenna structure used in the CATV System shall comply
with construction, marking, and lighting of antenna structure(s),
as required by the United States Department of Transportation.
All working facilities and conditions used during construc-
tion, installation and maintenance of the CATV System shall
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comply with the standards of the Occupational Safety and Health
Administration.
The Company shall maintain equipment capable of providing
standby power for headend, transportation and trunk amplifiers
for a minimum of two hours.
(4) Measurements Used in Performance Tests. As may be
necessary to ensure satisfactory service to a subscriber, the
City may require additional tests to demonstrate CATV System
performance or may specify the use of different test procedures.
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SECTION 9 - 714
SUBSCRIBER NETWORK
(1) Basic Cable Service Channels. The Company shall pro-
vide basic cable service channels as available which include, at
a minimum, individual channels in the following broad categories
of service as available:
(a) broadcast network affiliates.
(b) public, educational, governmental, and leased
access channels as well as local origination channels as set
forth in this Section.
(c) one or more distant independent super stations.
(d) satellite -delivered channels which independently
provide the _following broad categories _of _programming -as
available:
News programming;
Sports programming;
Music programming;
Children's programming;
Arts programming;
Public affairs programming4
Broad-based general interest
programming;
Religious programming; and
Financial programming
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(e) either local or satellite delivered channels
which provide programming information or current weather
information.
(f) Regional Channel Six.
Company shall also allow basic only subscribers to have
access to purchasing pay-per-view without being required to
purchase any premium services. Any customer who specifically
requests an addressable converter has a right to receive one from
the Company.
Upon completion of the CATV System Rebuild in accordance
with Section 9-712, Company shall at a minimum add the following
broad categories of programming to the Basic Service Channels:
middle of the road music and scientific -educational programming.
(2) Specially Designated Public, Educational, Governmental
and Leased Access Channels. Company shall make available for
access programming at least four (4) downstream video channels on
the Subscriber Network for public, educational and governmental
access. These channels shall be reserved for each of the
following purposes: (a) one (1) channel specially designated for
noncommercial public access,--ava-i4abl-e -tor -less by -the - gener�3
public on a first come, first serve, nondiscriminatory basis;
(b) two (2) channels specially designated for noncommercial
access by local educational authorities; and (c) one (1) channel
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specially designated for noncommercial access for local
government use.
In addition, Company shall make available leased
access channels pursuant to the Cable Communications Policy Act
of 1984.
The VHF spectrum shall be used for a least one (1) of the
specially designated noncommercial public access channels re-
quired in this Section. Company shall provide reception on these
channels to each of the subscribers who receive all or any part
of the total video programming services offered on the CATV
System. In the event Company provides subscribers only non-video
services, alarm system service or only data transmission services
for computer operated functions, Company shall be exempt from
providing access channel reception to such non-video alarm or
data service-only-subscribers.
(3) Charges for Use of Public Access Channels. No charges
shall be made for channel time or playback of prerecorded pro-
gramming on at least one (1) of the specially designated noncom-
mercial public access channels required by this Section, pro-
vided, however, that personnel, equipment, and production costs
may be assessed for live studio presentations exceeding five (5)
minutes in length. Charges for such production costs and any
fees or use of other public access channels shall be consistent
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with the goal of affording the public a low cost means of tele-
vision access.
(4) Channel Capacity Expansion. Whenever any of the spe-
cially designated public, educational, local governmental or
leased access channels are in use during eighty percent (80%) of
the weekdays (Monday - Friday), for eighty percent (80%) of the
time during any consecutive three (3) hour period for six (6)
weeks running, and there is demand for use of an additional chan-
nel for the same purpose, Company shall then have six (6) months
in which to provide a new specially designated access channel for
the same purpose, provided that the provision of such additional
channel or channels shall not require Company to install con-
verters. Nothing in this Section shall be construed so as to
preclude the installation of converters by Company on a voluntary
basis, or as a result of an agreement arrived at through negotia-
tion between City and Company, or by a potential access user who
wishes to install converters in order to make use of additional
channel(s).
(5) Access Channel Rules. In conjunction with City, the
Company shall establish rules _pertaining to the a ministration of
the specially designated public, educational and leased access
channels. The governmental access channel shall be administered
solely by the City. The leased access ,channel(s) shall be
administered solely by the Company.
(6) Reduction of Channel Capacity. If available channel
capacity is reduced in the future or where demand for use does
not warrant activation of all of the specially designated access
channels required in this Section; public, educational, govern-
mental and leased access channel programming may be combined on
one or more cable channels. To the extent consistent with the
City's rules and where time is available, access channels may
also be used for other broadcast and nonbroadcast services, pro-
vided that such services are subject to immediate displacement
and may be replaced by access channels if City determines, in its
sole -discretion, that there is demand to use the channel for its
specially designated access purpose. Company shall, in any case,
provide at least—one - (1)--fu-11 -channel -on--the---VHF-=spectr-uit�-o-r
shared access programming. Available channel capacity shall be
reduced or a determination that demand for use does not warrant
activation of all the specially designated access channels re-
quired by this Section shall be made only pursuant to the fol-
lowing procedure:
(a) Company will notify City of the proposed change;
(b) City shall make a determination following a
process of review which takes into account such rules as may
be established by City for this purpose and which affords
notice andopportunity to be heard to all interested
parties.
(7) Access Equipment Available. The Company shall assure
that at least the minimal equipment necessary for the production
of programming and playback of prerecorded programs for the spe-
cially designated noncommercial public access channel and such
other equipment as set forth in Section 9-712(7) and in Exhibit B
is readily available for public use.
In addition, Company shall contribute the following sums to
City to be used to acquire equipment in support of public, educa-
tional and governmental access:
(a) upon acceptance of this $ 60,000.00
Franchise Ordinance
(b) at Year 5 of this Franchise
Ordinance $ 72,000.00
(no later than January 1, 1994)
(c) at Year 10 of this Franchise
Ordinance, if the Franchise
--O rd-i-rra�-ce-±s--remewed--o r
extended beyond year ten (10) $ 86,000.00
(no later than January 1, 1999)
(d) at Year 15 of this Franchise
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Ordinance, if this Franchise
Ordinance is renewed or extended
beyond year ten (10) $100,000.00
(no later than January 1, 2004)
(8) Additional Channels for Commercial Use. Upon comple-
tion of the CATV System Rebuild or other expansion of channel
capacity, Company shall, at a minimum, make channels available
for commercial use pursuant to the minimum requirements set forth
in Section 611 of the Cable Communications Policy Act of 1984.
(9) Local Origination Programming. The Company shall
provide, in addition to public, educational, governmental and
leased access channels, at least one (1) channel fully devoted to
local origination programming. Such local origination pro-
gramming is construed to include but is not limited to coverage
and reporting of -spoT- ing--and---cultur-al -eve-nts -and other -activi-
ties and events of the City, schools, community and service
organizations, religious institutions, and individuals. The
Company shall, in determining the use of this channel, consider
any recommendations of the Citizens Cable Advisory Committee that
may be transmitted by the City to the Company.
Company shall provide, at a minimum, the following hours of
original locally produced programming per month computed on a
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quarterly basis as reflected in a monthly franchise report of
Company:
(a) Years 1 & 2 15 hours
(b) Year 3 17 hours
(c) Year 4 19 hours
(d) Year 5 & thereafter 20 hours
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SECTION 9 - 715
INTERCONNECTION AND INSTITUTIONAL NETWORK
(1) Interconnection. Subject to obtaining interconnection
approval from adjoining CATV System franchisers and operators,
the Company shall interconnect its CATV System with all other
CATV Systems serving those municipalities that adjoin the City,
upon the City's request. In addition, the Company shall make a
diligent effort to interconnect its CATV System with other CATV
Systems in the seven -county metropolitan Twin City area. None of
the provisions in this Franchise Ordinance shall be construed to
preclude City from further requiring Company to continue inter-
connect negotiations with contiguous franchisees in the event
approval is not initially obtained_. she Ci-t_y,r-_esexves--the -right
to negotiate with the Company to set aside a reasonable number of
interconnected channels to meet special City needs.
(2) Institutional Network Committee. City and Company
agree that in order to undertake development of the Institutional
Network for the purposes described in this Franchise Ordinance, a
study of technology, financing and the specific plan for develop-
ment needs to be accomplished. The plan for the Institutional
Network will be developed and approved by City after review and
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comment by Company. For this reason a special study group shall
be created and City and Company will share equally in the costs
incurred in order to accomplish the study. Accordingly, there is
hereby created a committee to be known as the St. Louis Park
Institutional Network Committee ("SLP I -Net Committee"). The SLP
I -Net Committee shall consist of seven (7) members, including a
chairperson. Within thirty (30) days after the effective date of
this Franchise Ordinance, City shall appoint five (5) members,
including the chairperson; and Company shall appoint two (2)
members, one (1) who shall provide technical assistance and one
(1) who shall provide management and financial assistance to the
SLP I -Net Committee. Company and City shall attempt to appoint
qualified people with appropriate school, industrial, institu-
tional, electronic and technical and/or financial experience.
Within six (6) months from the date of appointment of the
members of the SLP I -Net Committee, a final report containing
recommendations shall be provided to City and Company. The
report shall include, but not be limited to, time for construc-
tion, method of financing construction and maintenance, proposed
use, frequency bandwidth letter _oLnumeexic designation, hpiirs of
operation and any special services suggested or having a clear
community need. Upon the City's approval of the report, it shall
be adopted as the Institutional Network Plan, pursuant to which
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Company shall commence and complete construction of an
Institutional Network. However, in no event will the cost of the
implementation of and construction pursuant to the Institutional
Network Plan exceed 110% of the cost of implementing the
Institutional Network described alternatively in subsection 3 of
this Section.
During the time period for appointment of the SLP I -Net
Committee and the preparation of its report, the City will not
require Company to comply with the Franchise Ordinance provisions
with respect to the Institutional Network. In the event that a
final report is not submitted to City and Company within the six
(6) month period, or if a submitted report is not approved,
Company shall at a minimum construct the Institutional Network
described below in subsection 3.
(3) Institu-ti-ona1--Ne-t-wog-- I-n—b eu--of—SLP -1 -Net -Commi-tt ee '-s
Plan. Company shall construct, operate and maintain a separate
Institutional Network. In constructing the Institutional
Network, it is Company's intent to utilize portions of the
existing trunk plant together with the construction of additional
trunk plant, if needed.
(a) Channel Capacity. The separate Institutional
Network will utilize either a "mid -split" (8 upstream and 21
downstream 6 MHz CATV channels) or a "high split" (17
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upstream and 13 downstream 6 MHz CATV channels), the
determination of which shall be made by the SLP I -Net
Committee within six months of acceptance of this franchise
and communicated in writing to Company.
(b) Coverage. The separate Institutional Network
will pass all the institutions listed on Exhibit C.
Alternatively, within three (3) months from acceptance of
this franchise, Company may request City to designate a
lesser number of institutions to be passed. City must
respond to Company's request no later than six (6) months
from acceptance. If Company's request is denied, then all
the institutions listed on Exhibit C shall be passed by the
Institutional Network. If Company's request is granted, the
City's response shall also designate the number and identity
of institutions on Exhibit C to be passed by the
Institutional Network.
(c) Completion. Construction and activation of the
separate Institutional Network shall be completed no later
than six (6) months after completion of construction and
activation of the Subscriber Network.
(d) Equipment Provided. Company shall make available
to City, as required, modulators, demodulators and
associated head -end equipment costing Company no more than
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$50,000 for users of the Institutional Network. In
addition, in the event that City and Company determine to
utilize the Subscriber Network to provide Institutional
Network service to some of the institutions listed on
Exhibit C, Company shall make available equipment to
scramble the discreet channels to these institutions.
(e) Service Provided. Company shall make available
one free drop of the Subscriber Network and one free drop of
the Institutional Network to institutions listed on Exhibit
C. Company shall provide, at no charge, basic service to
institutions listed on Exhibit C. Company shall provide, at
no charge and upon City's request, up to 40 standard, non -
addressable converters to City or City's designees. To the -
extent any of the signals transmitted to or from any of the
institutions listed on Exhibit C are scrambled, Company
shall provide addressable converters upon the City's
request.
(4) Institutional Network Plan. [To be reserved for
future use upon development and approval by SLP I -Net Committee
and City of the Institutional Network Plan as is required by
subsection 2 of this Section.]
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SECTION 9 — 716
SYSTEM CONSTRUCTION REQUIREMENTS AND INSTALLATION SCHEDULE
(1) System Rebuild and System Upgrade. As is required
elsewhere in this Franchise Ordinance, Company shall immediately
commence a rebuild of the existing CATV System pursuant to all
design, construction and timetable requirements set forth in this
Franchise Ordinance, resulting in a System Rebuild. Further,
Company shall commence a System Upgrade beginning in the eighth
(8th) year of the term of this Franchise Ordinance in accordance
with an approved Upgrade Plan.
(2) Permit Application. Company shall be responsible for
application costs and approval of all necessary permits for the
System Rebuild and System Upgrade as those terms are defined in
this Franchise Ordinance. Further, Company shall make applica-
tion within a reasonable time so as to permit the issuance by the
appropriate public authorities within the time period(s) required
to meet the construction schedule(s) provided for in this Fran-
chise Ordinance. With regard to_permits and_Amthori'ations -froom
the City, it is intended that a permit be issued for construction
of the entire CATV System and the permit fee will be based upon
review by the City of the Company's plans for construction.
It shall be the responsibility of the Company to present the
City with plans and specifications for the System Rebuild ini-
tially and, by July 1 in year eight (8), for the System Upgrade.
The plans shall be sufficient to permit the City and its
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designees to evaluate the locations of construction, the impact
on public streets, the timing of construction and particular
locations, the relationship of the CATV System to other utilities
and conformance with applicable binding contracts of the City and
appropriate construction and electrical standards.
City and Company will cooperate with one another to ensure
the orderly and timely review of the construction plans of Com-
pany. After a reasonable time for review, the City will identify
the permit fee that will be reasonably required to off-set the
costs of the City for review, inspection and administration of
the construction plans a-nd=cons.t r-u c-t on--of—t#e---CATV=Sys-t-em . -- pen
payment of the fee required by City, Company shall be permitted
to commence construction in accordance with the approved schedule
and at the locations approved by the City.
(3) System Rebuild Timetable.
(a) All construction and improvements associated
with the System Rebuild described in Section 9-712(1) shall
commence as soon as is reasonably possible after this Fran-
chise Ordinance becomes effective. Failure to proceed
1
expeditiously shall be grounds for revocation of this fran-
chise. Failure to proceed expeditiously shall be presumed
in the event construction, evidencing a substantial comple-
tion of first-year development, (which includes any work
preliminary to the commencement of actual physical plant
construction), is not commenced within twelve (12) months of
the effective date of this Franchise Ordinance.
(b) The System Rebuild shall be completed and the
CATV System made fully operating no later than the end of
year two (2) of this franchise. Company shall give written
notice to the City sixty (60) days prior to the anticipated
completion date. At such time as Company has, in fact,
completed all construction and improvements associated with
the System Rebuild, Company shall give written notice to
City.
(c) Upon receipt of the notice that all construction
and improvements associated with the System Rebuild have, in
fact, been completed, the City shall have ninety (90) days
to receive a written report from an independent engineer;
provided, however, i_f_the City fails to-ree ve-such written
report within the ninety (90) days the System Rebuild shall
be deemed completed, unless the failure to receive such a
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report is due to unforeseen events, acts of God, or events
beyond the reasonable control of the City.
(d) Notwithstanding anything to the contrary, the
City may condition completion of the System Rebuild upon
receipt of a written report from an independent engineer.
The System Rebuild shall not be deemed completed until the
independent engineer reports the following:
(i) all construction and- improvements associated
with the System Rebuild have been made or otherwise
satisfactorily resolved;
(ii) satisfactory test results using the FCC
technical standards have been obtained; and
(iii) construction and improvements are in com-
pliance with all applicable codes and standards.
(4) System Upgrade Timetable.
(a) All construction and improvements associated
with the System Upgrade described in Section 9-723(3) shall
commence as soon as is reasonably possible after the City's
approval of the Upgrade Plan in year eight (8) of this
franchise. Failure to proceed expeditiously shall be
grounds for revocation of the franchise issued by this Fran-
chise Ordinance. Failure to proceed expeditiously shall be
1
presumed in the event construction, evidencing a substantial
completion of first-year development (which includes any
work preliminary to the commencement of actual physical
plant construction), is not commenced within twelve (12)
months of the City's approval of the Upgrade Plan.
(b) The System Upgrade shall be completed and the
CATV System made fully operating no later than the end of
year ten (10) of this franchise. Company shall give written
notice to the City sixty (60) days prior to the anticipated
completion date. At such time as Company has, in fact,
completed all construction and improvements associated with
the System Upgrade, Company shall give written notice to
City.
(c) Upon receipt of the notice that all construction
and improvements associated with the System Upgrade have, in
fact, been completed, the City shall have ninety (90) days
to receive a written report from an independent engineer;
provided, however, if the City fails to receive such written
report within the ninety (90) days the System Upgrade shall
be deemed _completed, unless tyre -u -re -t-o -receive succi a
report is due to unforeseen events, acts of God, or events
beyond the reasonable control of the City.
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(d) Notwithstanding anything to the contrary, the
City may condition completion of the System Upgrade upon
receipt of a written report from an independent engineer.
In the event the City does choose to require such a condi-
tion, and if necessary to enable City to review the report,
the City may extend the term of the franchise for up to six
(6) months, pursuant to Section 9-725(1) of this Franchise
Ordinance. If such a report is required by the City, the
System Upgrade shall not be deemed completed' until the
independent engineer reports the following:
(i) all construction and improvements asso-
ciated with the System Upgrade have been made or
otherwise satisfactorily resolved;
(ii) satisfactory test results using the tech-
nical
ech-nical standar-d s -have -bee n-o-b-t a -ned-; -and
(iii) construction and improvements are in com-
pliance with all applicable codes and standards.
(5) Continuation of Service. During the System Rebuild
and the subsequent System Upgrade, Company shall continue opera-
tion of the current CATV System. In no event shall Company fail
to continue providing service during the System Rebuild or System
Upgrade.
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(6) Time is of the Essence. All time limits stated in the
Franchise Ordinance are of the essence in the Franchise
Ordinance. Failure of the Company to obtain necessary permits
and to commence and diligently pursue installation and completion
of the System Rebuild and, subsequently, the System Upgrade,
shall be grounds for termination of the Franchise Ordinance. The
City in its discretion may nonetheless extend the time for the
commencement and completion of construction and installation for
additional periods in the event that the Company, acting in good
faith, experiences delays by reason of circumstances beyond its
control.
(7) Delays and Extensions of Time. The Company shall not
be liable for any delays in installation if the failure to per-
form arises out of causes beyond its control and without its
fault or negligence. Such causes may include, but are not
restricted to, acts of God or of the public enemy, acts of the
City in either its sovereign or contractual capacity, fires,
floods, epidemics, quarantine restrictions, strikes, freight
embargoes, and unusually severe weather. If the failure to per-
form is caused by the default of a sub ontrac-rnr—or supplier-, _a.nd
if such default arises out of causes beyond the control of both
the Company and subcontractor or supplier, and without the fault
or negligence of either of them, the Company shall not be liable
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for any penalties for a failure to perform, unless the supplies
or services to be furnished by the subcontractor or supplier were
obtainable from other sources in sufficient time to permit the
Company to meet the required schedule. No extension of time
shall be allowed under this Section unless a written request is
submitted to the City within seven (7) days of the claimed delay.
(8) Failure to Complete. The Company shall pay to the
City $500.00 per day for failure to complete the System Rebuild
as required in subsection (3) of this Section, and to continue
service as required in subsection (5) of this Section. In this
event, the Company shall be prepared, if requested by the City,
to demonstrate that the requirements of the Franchise Ordinance
have been satisfied.
Upgrade pursuant to an
Failure to complete the approved System
approved Upgrade Plan by the end of year
ten (10) of this franchise will _result in the ,fxanc_hise-ite-r-m_rot
being extended from year ten (10) to year twenty (20); and,
further, the failure to complete the System Upgrade pursuant to
an approved Upgrade Plan by the end of year ten (10) will result
in a penalty of $500.00 per day. These penalties are in addition
to the City's right to revoke or terminate the Franchise
Ordinance pursuant to subsections (3) and (4) of this Section.
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(9)
Early Construction. Nothing in this Section shall
prevent the Company from constructing the System Rebuild and/or
System Upgrade earlier than planned.
(10) Line Extension Policy. Company shall pass all resi-
dential dwellings within City. Company shall pass any non-resi-
dential building when the owner of such building requests cable
service and agrees to pay all actual installation costs in excess
of Two Hundred Fifty and no/100 Dollars ($250.00).
(11) Public Relations During Construction and
Installation. Company shall expend its best efforts to maintain
good public relations during period(s) of construction and
installation at any time; including, without limitation, the
System Rebuild -and System Upgrade. At a minimum, Company agrees
to implement the preliminary plan attached as Exhibit "D" and
incorporated by reference as a part of this Franchise Ordinance.
(12) City's Reservation of Rights. Neither the review of
plans by the City nor the granting by City of any licenses,
permits, certificates, authorizations, approvals, etc., shall be
construed as a guarantee or warranty by the City of Company's
CATV System. The--Company_s.hal l --not assert the -- ac-t--t-ha-t _-tie-C-it-y
has performed any prior review of its plans or exercised any
ministerial function in granting licenses, permits, certificates,
authorizations, approvals, etc., as a defense against its
obligations to indemnify and hold the City harmless pursuant to
Section 9-711(3).
SECTION 9 - 717
FEES, RATES AND CHARGES
To the extent authorized by federal law, rates and charges
for services offered by Company shall be established pursuant to
this Section.
(1) Basis; Approval. Fees, rates or charges for any ser-
vice provided shall be fair, reasonable and nondiscriminatory and
designed to meet all necessary costs of service, including a fair
and reasonable return on investment under economical and effi-
cient management.
with the City.
All fees, rates and charges shall be filed
All
rates and charges shall be
regulation by City if permitted by applicable law.
(2) Rate Schedule. Company shall file with
subject to
the City a
rate schedule, listing rates and charges for monthly service and
installation, current subscriber rates and any other charges
charged by Company for the operation of the CATV System. This
rate schedule shall be regularly kept on file with the City, and
will be available for_inspection -at ---lie-C3-t-y-L Municipal.
Building.
(3) Notice of Rate Change. Prior to implementation of any
increase in rates or charges for any service or equipment
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provided by Company, Company shall provide City and all sub-
scribers a minimum of thirty (30) days prior written notice of
such change. In addition, Company shall send a press release
containing notice of such change to all newspapers of general
circulation in City at least thirty (30) days prior to the imple-
mentation of such change. Company shall cablecast notice of such
change on at least one channel of its CATV System at least hourly
for at least thirty (30) days prior to the implementation of any
rate change. Notwithstanding anything set forth in this Fran-
chise Ordinance or any Subscriber Service Contracts, subscribers
shall have the right to order disconnection of cable service
after notice of rate increases, but prior to the date of that
rate increase, without any charge to subscribers. Company may
require return of any Company's equipment as part of an order to
disconnect cable-service. -No-subs.cr-ibe-r sl al-1 -be —billed --fox
cable service received after an order for disconnection pursuant
to this Section.
(4) Service Calls. Service requests for maintenance or
repair of cable facilities are performed at no charge unless such
maintenance or repair is required as a result of damage caused by
a subscriber.
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SECTION 9 — 718
CONDITIONS OF PUBLIC PROPERTY OCCUPANCY
(1) Approval of Proposed Construction. The Company shall
first obtain the approval of the Director of Public Works before
any construction is commenced on streets, alleys, sidewalks,
driveways, public property or places of the City. Application
for approval of construction shall be in a form specified by the
Director of Public Works. The Company shall give the City rea-
sonable written notice of proposed construction to allow coor-
dination of all work between the City and the Company.
(2) Excavation Permits. Company shall not open or disturb
the surface of a street, alley, sidewalk, driveway or public
property for any purpose without first having obtained a permit
to do so in the manner provided by ordinance. Company may apply
for a single permit for all excavation. , The amount charged. by
City to Company for such permit shall be fair and reasonable.
(3) Changes Required by Public Improvements. Whenever the
City undertakes any public i provement whir.h_aff_acts-CAT-V-equ-i-p-
ment, it shall direct the Company to remove or relocate such
equipment from the area of public improvement, at Company's
expense. Specifically, Company shall, at its expense, protect,
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support, temporarily disconnect, relocate in or remove from a
street, alley, sidewalk, driveway, or public property or place
any property of the Company when required by the Director of
Public
street
street
Works by
reason of traffic conditions, public safety,
vacation, street construction, change or establishment of
grade,
installation or improvement of sewers, drains,
water pipes, power lines, signal lines, tracks or any other type
of structure, improvement or alteration of public property. If
this public improvement also requires public utilities to remove
or relocate their equipment and the City reimburses the utilities
for their expenses incurred in the removal or relocation, the
City shall reimburse the Company on the same terms and conditions
it reimburses the utilities. If the utilities are reimbursed by
some source other than the City, then City shall not be required
to reimburse the Company for its expenses.
(4) Interference With or Hazard to Persons and
Improvements. The Company's CATV System, including all wires,
conduits, cables and other property and facilities, shall be
located, constructed, installed and maintained so as not to en-
danger or unnecessarily interfere with the lives of persons or
with the usual and customary trade, traffic and travel upon the
streets, alleys, sidewalks, driveways or public property and
places of the City. The Company shall keep and maintain all of
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its property in good condition, order and repair and make it
available for inspection at any reasonable time and upon reason-
able notice. The City shall have the right to inspect and exam-
ine property owned or used, in part or in whole, by the Company.
Company shall not place poles or other equipment where they will
interfere with the rights or reasonable convenience of adjoining
property owners, or with any gas, electric, or telephone fixtures
or with any water hydrants or mains. All poles or other fixtures
placed in a street shall be placed in the right-of-way between
the roadway and private property as specified by the Director of
Public Works.
(5) Method of Installation. All wires, cables, amplifiers
and other property shall be constructed and installed in an
orderly and workmanlike manner. All cables and wires shall be
installed parallel with existing telephone and electric wires
whenever possible. Multiple cable configurations shall be
arranged in parallel and bundled, in compliance with engineering
and safety considerations and standards. Any portion of a CATV
System that is installed in a park or publicly owned open space
area shall be installed underground in a manner__approved---b-y—t-he
City. All installations shall be underground in those areas of
the City where public utilities providing either telephone or
electric utility facilities are underground at the time of
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installation. In areas where both telephone and electric utility
facilities are above ground at the time of installation, the
Company may install its service above ground provided that at
such time as those facilities are required to be placed under-
ground, the Company shall likewise place its facilities under-
ground without additional cost to the residents of the City
except as provided under the provisions of Section 9-717(4).
(6) Protection of Facilities. Nothing contained in this
Franchise Ordinance shall relieve any person, company or cor-
poration from liability arising out of the failure to exercise
reasonable care to avoid injuring Company's facilities while
performing any work connected with grading, regrading, or
changing the line of any street or public place or with the con-
struction or reconstruction of any utility facility, sewer or
water system.
(7) Notice of City Improvements. The City shall give the
Company reasonable notice of plans for street improvements where
paving or resurfacing of a permanent nature is involved. The
notice shall contain the nature and character of the improve-
ments, the streets upon which the improvements are to be made,
the extent of the improvements and the date of commencement of
work. Notice shall be given a sufficient length of time in
advance to permit Company to make any additions, alterations, or
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repairs to its facilities deemed necessary, considering seasonal
working conditions in advance of the actual commencement of work.
(8) Compliance with Codes. All construction, installa-
tion, maintenance and operation of CATV Systems or facilities
shall comply with the provisions of the National Electrical
Safety Code as prepared by the National Bureau of Standards, the
National Electrical Code of the National Board of Fire Under-
writers, the Bell Telephone System Code of Pole Line construc-
tion, standards issued by the FCC or other federal or state regu-
latory agencies, and local zoning regulations. Every CATV System
installed, constructed, maintained or operated in the City shall
be designed, constructed, installed, maintained and operated as
not to endanger or interfere with the safety of persons or prop-
erty in the City.
(9) Moving Wires. Upon request made at least five (5)
days in advance by a holder of a building moving permit for the
purpose of moving buildings, the Company shall temporarily raise,
lower, or remove its wires. The holder of the building moving
permit shall pay the reasonable cost of the requested service and
may be required to pay that amou-n-t-in-advanre-.
(10) Trimming Trees. All trimming shall be done under the
supervision and direction of the City and at the expense of the
Company. The Company shall not remove any tree within any public
place without the prior consent of the City. The Company shall
be allowed to trim trees upon and overhanging streets, alleys,
sidewalks, driveways and public grounds and places of the City to
prevent the branches of the trees from coming in contact with the
wires and cables of Company. Regardless of who performs the
work, the Company shall be responsible and shall defend and hold
City harmless for any and all damages to any tree or surrounding
land as a result of the trimming or removal.
(11) Restoration to Prior Condition. In case of any dis-
turbance of pavement, sidewalk, driveway, foundation or other
surfacing, the Company shall, at its own cost and expense and in
a manner approved by the City, replace and restore all paving,
sidewalk, driveway, foundation or surface of any street or`alley
disturbed, in as good condition as before the work was commenced
and in accordance -with standards for such -work --set--by--t-he-Ci-t-y.
If, upon reasonable written notice, the Company fails promptly to
restore any street or public place in accordance with this pro-
vision, the City shall have the right to put such street or pub-
lic place back into good condition at the expense of the Company
and the Company shall, upon demand, pay to the City and the cost
of such work done or performed by the City.
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(12) Maintenance of System. Company shall erect and main-
tain all parts of its CATV System in good condition throughout
the entire franchise pzriod.
(13) Efficient Service and Repairs. Company shall render
efficient service, make repairs and adjustments promptly, and
interrupt service only for good cause and for the shortest time
possible. Such interruptions, insofar as possible, shall be
preceded by notice and shall occur during periods of minimum
system use. All costs incurred in making such repairs and
adjustments shall be borne by the Company except as otherwise
provided for in this Franchise Ordinance.
(14) Interference With Reception. Company shall not allow
its cable or other operations to interfere with the, broadcast
reception of persons not served by Company.
(15) Record of Equipment and Facilities to be Maintained.
The Company shall at all times make and keep at its business
office complete and accurate plans and records showing the exact
location of all CATV System equipment and facilities installed or
in use in the City and make available such maps and records for
the City's inspection immediately___u.pon—reques-t.—The--Company
shall furnish the City a current record of equipment and facil-
ities and maps, drawn to scale, showing all CATV System equipment
installed or in use in the City.
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SECTION 9-719
OPERATION OF THE FRANCHISE/CONSUMER PROTECTION
(1) Consumer Service Policies. After adoption of this
Franchise Ordinance and acceptance by Company, designees of the
City and Company shall meet to develop policies that will provide
consumer service procedures by which Company and City shall
abide. It is the intention of the City and Company that the
policies will provide the means to ensure that Company, not City,
will handle, in a prompt, polite and responsive manner, all mat-
ters relating to the consumer and the relationship between the
consumer, City and Company, excluding inquiries as to the provi-
sions of this Franchise Ordinance which shall be handled by the
City. The policies-sha-1-1 -be-completed_f_or_semiew_=and -approval- -by
the City Manager within sixty (60) days after the date of accep-
tance of this Franchise Ordinance. After the policies have been
approved by the City, they will immediately be incorporated in
this Franchise Ordinance by way of amendment.
(2) Consumer Complaints. Any person may file complaints
regarding inadequate service response or any other aspect of the
CATV System in writing at the office of the City Manager. Upon
complaint to the Company by any person either at its office, by
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letter, or by telephone, Company shall promptly make an appro-
priate investigation and advise the complainant of the results
thereof. If the person is dissatisfied with the results, the
Company must advise the complainant of the complaint procedures
of the regulatory authority, including those set forth in this
Franchise Ordinance.
(3) Repairs and Maintenance.
(a) Maintenance of the System. The Company shall
install and maintain the CATV System so as to avoid unrea-
sonable or repetitive interruptions in service to
subscribers.
(b) Interruption of Service. Whenever it is neces-
sary to interrupt service to make tests, repairs, adjust-
ments or installations, the Company shall do so during a
period of minimum subscriber use. Unless an interruption is
unforeseen and immediately necessary, the Company shall give
reasonable notice to the subscribers affected. All costs
incurred in effecting such tests, repairs, adjustments or
installations shall be borne by the Company unless otherwise
provided by__law, ordinance or regulation.
(c) Service Response and Rebate.
(i) During the term of the Franchise Ordinance
and any renewal or extension, the Company shall keep
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its business office open during normal business hours
(and in no event less than 9:00 a.m. to 5:00 p.m.),
Monday through Friday excluding legal holidays.
Company shall maintain a listed telephone and be
equipped to receive complaints twenty-four (24) hours a
day, seven days a week. This office shall be main-
tained for the purpose of receiving and resolving all
complaints regarding the quality of service, equipment
malfunctions, billings disputes, and similar matters.
(ii) The Company shall also provide prompt ser-
vice response, seven days a week for all complaints and
requests for repairs or adjustments. Calls received
prior to 2:00 p.m. shall be answered the same day. - In
no event shall the response time for calls received
subsequent to 1:_00 _p-.m-.-ex-ca.ed_-twenty-foux -(244 -hours
and all service complaints shall be investigated and
acted upon within twenty-four hours. All service com-
plaint(s) shall be resolved within three (3) calendar
days, excluding holidays.
(iii) If the Company fails to correct a CATV
System service deficiency within twenty-four (24)
hours, it shall rebate or credit 1/30th of the monthly
charge for "Cable Service" to each subscriber for each
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twenty-four (24) hours or fraction thereof after the
first twenty-four (24) hours during which a subscriber
is without service following the report of loss of
service, except to the extent that restoration of ser-
vice is prevented by strike, injunction or other cause
beyond the control of the Company.
(iv) Company shall make every reasonable
effort to perform system service repair and maintenance
at no cost to the subscriber and a time convenient to
subscriber and.in a timely manner. At a minimum, Com-
pany shall make service repair and maintenance per-
sonnel available at least twelve (12) hours per week
outside of normal business hours. -
(4) Reports, Books and Records of Company.
(a) City's Right to Audit. City shall have the
right to audit Company's accounting and financial records
upon reasonable notice.
(b) Report on Operations. The Company shall prepare
and furnish to the City at the time and in the form pre-
scribed by the City Manager, _such _.repo-r-t-s--wi-t-h—re-spe-ct -to
its operations, affairs, transactions or property, as may be
determined reasonably necessary or appropriate by the City.
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(c) Report on Complaints. The Company shall keep a
maintenance service record which will indicate the nature of
each service complaint, the date and time it was received,
the disposition of each complaint and the time and date of
disposition. From this record, the Company shall report to
the City at least monthly, on written forms specified by the
City, the complaints received from subscribers during each
reporting period and such other matters as the City shall
determine.
(d) Records and Property Available for Inspection.
At all reasonable times, the Company shall permit any duly
authorized representative of the City to inspect, examine or
audit all records and property of the Company situated
within or without the City, and to examine and transcribe
any and all maps and-other records-kept-=or—maintained by the
Company or under its control which deal with the operations,
affairs, transactions or property of the Company with
respect to this Franchise Ordinance. If any such maps or
records are not kept in St. Louis Park, or upon reasonable
request made available in the City, and if the City shall
determine that an examination thereof is necessary or
appropriate, then all travel and maintenance expense
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necessarily incurred in making such examination shall be
paid by the Company.
(e) Report on Channel Use; Notice. The Company
shall maintain on file with the City a report stating the
CATV System channel capacity, listing the cable television
channels which the CATV System delivers to its subscribers,
and the television station or stations whose signals are
delivered on each channel of the CATV System under normal
operating conditions. When television stations are to be
deleted or added, the City and all subscribers shall be
notified in writing thirty (30) days prior to the date of a
deletion or addition.
(f) Annual Report. Within one hundred twenty (120)
days of the end of its fiscal year, including the year in
which the Franchise Ordinance becomes effective, Nortel
Cable Associates, L.P. ("Nortel"), shall file with City an
annual report consisting of the following:
(i) A sworn financial statement including a
statement of income, revenues, operating expenses,
capital _-expendi-t-ur-ees,---de-p-r-eciaticin-arith—an attached
depreciation schedule, interest paid, taxes paid and
balance sheets for the operating company consisting of
the CATV System in the City, as well as all of Nortel's
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CATV Systems in the Twin Cities metropolitan area, and
a certified statement of gross revenues of the CATV
System of City. The CATV System revenue statement
shall be in a form and manner approved by City and
shall delineate specific revenue source categories and
revenues.
(ii) A current list of names and addresses of
each officer and director and other management person-
nel of the Company, as well as each shareholder having
stock ownership of three percent (3%) or more.
(iii) A copy of each document filed with all
federal, state and local agencies during the preceding
fiscal year and not previously filed with City.
(iv) A statement of Nortel's current billing
practices.
(v) A current copy of Nortel's access rules.
(vi) A current copy of Nortel's subscriber
service contract.
(vii) A statement listing all production equip-
ment provided for use with the CATV System.
(viii) A statement listing all production equip-
ment of Company which will be utilized by more than one
(1) cable system.
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(ix) The requirements of Section 9-719(5) below.
(x) The requirements of Section 9-719(6) below.
(5) Filing Communications with Regulatory Agencies.
Copies of all petition, applications and communications that are
submitted by a Company to the FCC, or other federal or state
regulatory commission or agency having jurisdiction in respect to
any matter affecting CATV System operations within the City,
shall also be submitted simultaneously to the City by filing the
same with the City Manager.
(6) Plan Filed. The Company shall submit, in each annual
report, a plan stating the proposed number of channels which will
be devoted to network affiliated television stations, non -network
independent television stations, including educational television
stations, and channels to be devoted to locally originating pro-
grams. The plan shall also contain the following:
(a) An estimate of the total number of broadcast
hours per week per channel which the Company proposes to
devote to local programming.
(b) The types of local programs it proposes to
originate.
(c) A proposed programming schedule for locally
originated channels.
(d) A description of the proposed marketing program.
(e) Plans for providing a duplex system and FM mul-
tiplex stereo and music channels.
(f) Company goals regarding subscribership,
Basic/Pay ratio, advertising and other revenue sources.
(7) Rules of the Company. The Company may promulgate such
rules, regulations, terms and conditions governing the conduct of
its business as may be reasonably necessary to enable it to exer-
cise its rights and perform its obligations under the Franchise
Ordinance and to assure an uninterrupted service to any and all
of its customers; except that such rules, regulations, terms and
conditions shall not be in conflict with the provisions of this
Franchise Ordinance, other ordinances of the City, or the laws of
the State of Minnesota or the United States. A current copy of
such rules, regulations, terms and conditions shall be filed with
the City.
(8)
Approval of Service Contract. If a written service
contract is used by a Company in its dealings with subscribers,
the Company shall obtain City approval of the form and terms of
the contract prior to entering into any such service contracts.
The Company shall make no changes in the form or terms of any
such service contract without prior approval of the City. The
current length and terms of service contracts shall be provided
to the City by Company and maintained and available for public
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inspection at.Municipal Building of City. If no written service
contract is used by Company in its dealings with subscribers, the
Company shall prepare, in a form approved by City, a written
description of service offerings, rates, system service policies,
consumer inquiry and complaint practices and marketing practices
which shall be subject to approval by City, to the extent autho-
rized by federal law.
(9) Company Assistance in Developing Public Uses. The
Company shall assist the City in developing the full capabilities
of cable television for public use, including but not limited to,
its application to such public services as traffic surveillance,
monitoring flows in water and sewer lines, measuring air pollu-
tion through sensor systems, public service messages, training of
personnel, fire and burglary detection, data processing, polling
and surveying.
(10) Preferential or Discriminatory Practices Prohibited.
(a) The Company shall establish and maintain an
Equal Employment and Affirmative Action Program providing
that -no individual shall be discriminated against with
respect to compensation, terms,—condltieas or -ot-h-e-r--p-rivi-
leges or employment because of race, color, creed, religion,
sex, national or ethnic origin, physical condition, age,
affectional preference or marital status. The Company's
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Equal Employment and Affirmative Action Program shall be
maintained on file with the City Manager and shall be in
compliance with current and future policies established in
the City's Affirmative Action Program, as well as with
Section 635 of the Cable Act of 1984. The Company shall
strictly adhere to the Equal Employment and Affirmative
Action Program it files.
(b) The Company shall not deny cable television
service, deny access, or otherwise discriminate against any
person or organization who requests such service for a law-
ful purpose, nor shall the Company refuse any person or
organization the right to cablecast pursuant to provisions
of this Franchise Ordinance. The Company shall comply with
all requirements of federal, state and local laws and regu-
lations relating to -nondiscrimination_. -Company sha11 _no_ta
as to rates, charges, service facilities, rules, regulations
or in any other respect make or grant any preference or
advantage to any person, nor subject any person to any pre-
judice or disadvantage. This provision shall not be deemed
to prohibit promotional campaigns to stimulate subscriptions
to the system or other legitimate uses thereof; nor shall it
be deemed to prohibit the establishment of a graduated scale
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of charges and classified rate schedules to which any cus-
tomer coming within such classifications shall be entitled.
(c) The entire business of the Company shall be
operated in a manner consistent with the principle of fair-
ness and equal accessibility of its facilities, equipment,
channels, studios, and other services to all citizens, busi-
nesses, public agencies, or other entities having a legiti-
mate use for the system. No one shall be arbitrarily ex-
cluded from its use. Allocation of use of said facilities
shall be made according to the rules or decisions of regula-
tory agencies affecting the same, and where such rules or
decisions are not effective to resolve a dispute between
conflicting users or potential users, the matter shall, be
submitted for resolution by the Council.
(d) The Company shall comply with or exceed all
federal, state and local laws and regulations relating to
equal employment opportunity.
(11) Subscriber Privacy. Company shall not, without City
approval, initiate or use any form, procedure or device for pro-
curing information -or data —f-r-om-cab'__ sy t-ern---s-abser-ibe-r-s ' 1eriiri-
naffs by use of the cable system. At all times, Company shall
abide by the subscriber privacy provisions set forth in Section
631-32 incorporated by reference herein.
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Company and City shall maintain constant vigilance with
regard to possible abuses of the right of privacy or other human
rights of any subscriber, programmer or general citizen resulting
from the operation of the CATV System. Company shall not place
in any dwelling unit of subscribers any equipment capable of
two-way communications without the written consent of the sub-
scribers, and will not utilize the two-way communications capa-
bility of the CATV System for unauthorized subscriber surveil-
lance of any kind.
(a) No signals of a Class IV cable communications
channel may be transmitted from a subscriber terminal for
purposes of monitoring individual viewing patterns or prac-
tices without the express written permission of the sub-
scriber. The request for such permission shall be contained
in a separate -document -with -a- prominent -statement that -the
subscriber is authorizing the permission in full knowledge
of its provisions. Such written permission shall be for a
limited period of time not to exceed one (1) year which
shall be renewed at the option of the subscriber. No pen-
alty shall be invoked for a subscriber's failure to provide
or renew such authorization. The authorization shall be
revocable at any time by the subscriber without penalty of
any kind whatsoever. Such permission shall be required for
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each type of classification of Class IV cable communications
activity planned for the purpose of monitoring individual
viewing patterns or practices.
(b) No information or data obtained by monitoring
transmission of a signal from a subscriber terminal, or any
other means, including but not limited to lists of the names
and addresses of such subscribers or any lists that identify
the viewing habits of subscribers shall be sold or otherwise
made available to any party other than to Company and its
employees for internal business use, and also to the sub-
scriber subject of that information, unless Company has
received specific prior written authorization from the sub-
scriber to make such data available.
(c) Written permission from the subscriber shall not
be required for conducting systemwide or individually
addressed electronic sweeps for the purpose of verifying
system integrity, monitoring for the purpose of billing, or
detecting unauthorized reception of communications on the
CATV System. Confidentiality of such information shall be
subject to t he p r mision-set forth -i n—pa-r-agr t--(b-)—of this
Section.
(d) At the time of entering into an agreement to
provide any cable service or other service to a subscriber
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and at least once a year thereafter, the Company shall pro-
vide notice in the form of a separate, written statement to
each subscriber which clearly and conspicuously informs the
subscriber of:
(i) the nature of personally identifiable infor-
mation collected or to be collected with respect to the
subscriber and the nature of the use of such
information;
(ii) the nature, frequency, and purpose of any
disclosure which may be made of such information, in-
cluding an identification of the types of persons to
whom the disclosure may be made;
(iii) the period during which such information
will be maintained by the Company;
(iv) _the _times _and place at - which -subscribers
may have access to such information in accordance with
subsection (e); and
(v) the limitations provided by this Section
with respect to the collection and disclosure of infor-
mation by Company and the right of the subscriber under
subsection (g) to enforce such limitations. For the
purposes of this Section, the term "personally identi-
fiable information" does not include any record of
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aggregate data which does not identify particular
persons.
(e) A cable subscriber shall be provided access to
all personally identifiable information regarding that sub-
scriber which is collected and maintained by Company. Such
information shall be made available to the subscriber at
reasonable times and at a convenient place designated by
Company. A cable subscriber shall be provided reasonable
opportunity to correct any error in such information.
(f) Company shall destroy personally identifiable
information if the information is no longer necessary for
the purpose for which it was collected and there are no
pending requests or orders for access to such information
under subsection (e) or pursuant to a court order.
(g) Any person aggrieved by any act of Company in
violation of this Section may bring a civil action in a
United States District Court or the District Court of
Hennepin County, Minnesota. If an action is brought, the
court may award:
—d-ama-ges--bort--nut -i e s s —t ha n
liquidated damages computed at the rate of $100.00
a day for each day of violation or $1,000.00,
whichever is higher;
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(ii) punitive damages; and
(iii) reasonable attorneys' fees and other
litigation costs reasonably incurred.
The remedy provided by this Section shall be in addition to
any other lawful remedy available to a cable subscriber.
(12) Ownership Interests Prohibited. Ownership interests
shall be consistent with the requirements of applicable federal
and state laws.
(13) Periodic Evaluation and Renegotiation Sessions. The
field of cable communications is a relatively new and rapidly
changing one which may see many regulatory, technical, financial,
marketing and legal changes during the term of this Franchise
Ordinance. Company has therefore agreed to upgrade its CATV
System on an ongoing basis so that it is of a technical quality
comparable to or -better than the CAT-V Systems in-Fridley and
Bloomington as well as those other CATV Systems which presently
exist or may exist in the future in other Twin Cities
metropolitan communities (with populations of 100,000 or less) in
which the Company offers services, as is required by Section 9-
712 of this Franchise Ordinance. Therefore, in order to provide
for a maximum degree of flexibility in this Franchise Ordinance,
and to help achieve a continued advanced and modern CATV system,
the following evaluation provisions will apply:
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(a) City hereby is given the right to adopt rules
and regulations controlling the procedures as set forth
below and identifying subjects for evaluation and renegotia-
tion sessions. In the absence of any City action taken to
exercise these rights, Company shall be subject to at least
the procedures and subjects described in this Section.
(b) City may require, at its sole discretion, rea-
sonable evaluation and renegotiation sessions in years five
(5) and seven (7) and, if the franchise is extended to year
twenty (20) pursuant to Section 9-723, City may require
sessions in years twelve (12), and seventeen (17). The City
also reserves the right to require evaluation and
renegotiation sessions on a more frequent basis, upon
reasonable notice to Company. In addition, such evaluation
and renegotiation sessions shall be conducted at such times
as required by federal or state law.
(c) To assist in evaluation, City may enlist an
independent consultant mutually agreed upon by City and
Company to conduct an analysis of the CATV System and its
pe r f o r -ma n c e -mad- moo_ subm.i —a _r-eport _of such-a-na-1-y-s-is -to —the
City. All reasonable consultant fees and costs incurred as
a result of evaluation and renegotiation sessions shall be
paid by Company to the extent allowable under applicable
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law. Such costs are considered additional and are not to be
reimbursed from franchise fees collected.
(d) Unless additional topics are agreed upon by
Company and City, topics which may be discussed at any eval-
uation and renegotiation session include:
(i) Computer uses;
(ii) Service rate structure;
(iii) Interconnection;
(iv) Franchise Ordinance fees;
(v) Penalties;
(vi) Free or discounted services;
(vii) Application of new technologies;
(viii) Technical standards;
(ix) System performance;
(x) Services provided;
(xi) Programming offered;
(xii) Access channels, facilities and support;
(xiii) Municipal uses of cable;
(xiv) Educational uses of cable;
(xv) Use and promotion of institutional network;
(xvi) Local origination;
(xvii) Consumer protection;
(xviii) Privacy;
(xix) Amendments _to__thi..s_ F_ ancbise O-r-di-nanee;
(xx) Judicial rulings;
(xxi) Government agency rulings;
(xxii) FCC rulings;
(xxiii) Line extension policies;
(xxiv) Insurance;
(xxv) Company rules;
(xxvi) City rules;
(xxvii) Construction of a separate institutional
network.;
(xxviii) The need for providing installations and con-
tractual arrangements for additional data
bases and for additional bandwidth for data
transmission on the CATV System;
(xxix) Stereo service; and
(xxx) Channel capacity.
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(e) During an evaluation and renegotiation session,
Company shall fully cooperate with City and shall provide
without cost such information and documents as City may
request reasonably to perform evaluation and conduct renego-
tiation.
(f) If, as a result of the evaluation and renegotia-
tion session, or at any other time, City determines that
reasonable evidence exists of inadequate CATV System perfor-
mance, it may require Company to perform tests and analyses
directed toward such suspected inadequacies at the Company's
own expense. Company shall fully cooperate with City in
performing such testing and shall prepare a report with the
testing results. The report prepared by Company shall
include at least:
(i) A description of the problem in CATV System
performance which precipitat-ed -he -special
tests.
(ii) A description of the CATV System component
tested.
(iii) The equipment used and procedures employed in
testing.
(iv) The method, if any, by which such CATV System
performance problem was resolved.
(v) Any other information pertinent to the tests
__and analyses_whi_ch-may be-requ-i-r-ed---by- City,—or
determined when the test is performed.
City may require that these tests described above be
supervised at Company's expense by a consultant designated
by City. The consultant shall sign all records of special
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tests and forward to City such records with a report inter-
preting the results of the tests and recommending actions to
be taken.
(g) As a result of an evaluation and renegotiation
session, City or Company could determine that a change in
the terms of the Franchise Ordinance may be required, that
the CATV System or Franchise Ordinance requirements should
be updated, changed, or that additional services should be
provided. If the change is consistent with the terms of
this Franchise Ordinance, the needs of the City and current
technology (or due to regulatory, technical, financial mar-
keting, inflation or legal requirements) and implementation
of a change would not unreasonably add to the cost of pro-
viding CATV services, Company and City will, in good faith,
negotiate the-terms_of _the _.change .and -any--r-equi-r-ed-amendtiten-t
to this Franchise Ordinance. Upon adoption of such an
amendment, if one is required, the change will become ef-
fective and Company shall accept same. In the event Company
fails to negotiate a requested change of the City, the City
may enforce the procedures of this Section by any available
remedy.
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(14) Annual Opinion Survey.
(a) Commencing in 1989 and annually thereafter, Com-
pany shall, no earlier than ninety (90) days and no later
than thirty (30) days prior to submitting its written annual
report to the City, conduct a survey prepared by Company
which identifies the programming preferences of subscribers
and which identifies subscriber satisfaction or dissatisfac-
tion with the maintenance and complaint practices of
Company.
(b) The survey and report shall be prepared and
conducted in conformity with such requirements, including
supervision and review of the returned surveys, as the City
may prescribe.
(c) Each questionnaire shall be prepared and con-
ducted so as to provide a measurement of subscriber prefer-
ences for:
(i) Programming offered by Company at the time the
survey is conducted; and
(ii) Programming generally available to cable sub-
scribers -n-a-t-i-o-na
ub-
scribers-n-at-1-o-na l l y--but—not--offer ed -by--Company at he
time the survey is conducted together with the incre-
mental cost per subscriber for providing such
programming.
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(d) For the purposes of the preceding paragraph,
"incremental cost per subscriber" shall include necessary
additional equipment costs, programming costs and a fair
rate of return.
(e) Each questionnaire shall be prepared and con-
ducted so as to provide a measurement of subscriber satis-
faction or dissatisfaction with the maintenance and com-
plaint practices of Company.
(f) Company shall make reasonable good faith efforts
to promote subscriber awareness of the survey and the pro-
gramming generally available to cable subscribers but not
offered by Company.
(g) The survey results shall be compiled and pub-
lished by Company in a manner readily comprehensive to the
public and shall be made available for _public review wJthi,n
City at locations and times convenient to the public. Upon
request of City, Company shall make the subscriber returns
available for City review and inspection.
(h) Company shall, together with its written annual
report, provide a written compilation report of the survey
results and report in writing what steps Company is taking
to implement the findings of the survey.
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(i) In the event twenty percent (20%) or more of
those surveyed report dissatisfaction with Company's main-
tenance and complaint practices, Company shall have sixty
(60) days from the date that City receives such a report to
develop an action plan regarding new maintenance and com-
plaint practices, as approved by City. This action plan
then must be implemented expeditiously. In the event that
Company fails to carry out the responsibilities of this
Section, City may impose penalties for violations of this
Section.
(15) Technical Inspections and Evaluations. The City and
Company shall, at the request of the City, undertake an inspec-
tion of the CATV System to ascertain the CATV System performance
at extremities of each trunk with mutually agreed upon test
equipment at the following periods:
(i) completion of the System Rebuild on or
before the end of year two (2) of this
franchise;
(ii) year seven (7) of this Franchise Ordi-
nance, in conjunction with the evaluation
of the Upgrade Plan;
(iii) upon completion of the System Upgrade by
the end of year ten (10) of this
(iv) years thirteen (13) and seventeen (17) of
this Franchise Ordinance (if Franchise
Ordinance is renewed or extended beyond
year ten (10).]
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(a) The City shall give written notice to Company of
the City's intention to undertake an inspection of the CATV
System and the name of that person who will participate for
the City.
(b) Company shall, within two (2) days of receipt of
the City's notice, select one (1) person who will partici-
pate for Company and so notify the City.
(c) The representatives of the City and Company
shall, within three (3) days of the selection of the Com-
pany's representative, select a third representative who
need not be trained in cable television technology.
(d) Within ten (10) days after the appointment of
all representatives, they shall commence an inspection of
the CATV System in accordance with applicable standards of
the National -Cable Television Association -and -the ---FCC-t-o
ensure the quality of the signal at the headend and delivery
of the signal through the CATV System to the subscribers.
(e) The representatives shall prepare and submit to
the City and Company a written report of its findings and
any appropriate recommendation.
(f) Upon request of the City, Company shall report
to the City, at a regular or specially scheduled meeting of
the City, what steps are being taken to correct deficiencies
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noted in the report or why corrective measures are not •
necessary.
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SECTION 9 - 720
RIGHTS RESERVED TO THE CITY; RESOLUTION OF DISPUTES
(1) No Impairment of Eminent Domain. Nothing herein shall
be construed to contract away, modify or abridge, either for a
term or in perpetuity, the City's rights to eminent domain, in-
cluding the right of the City to acquire the property of the
Company through the exercise of the right of eminent domain,
which shall not include any amount for the franchise itself or
for any of the rights or privileges granted under the Franchise
Ordinance.
(2) Company agrees to City's Rights. The City reserves
every right and power which is required to be reserved or pro-
vided by any ordinance -of-the—City-or-,other-authority, and t-he
Company by its acceptance of the Franchise Ordinance, agrees to
be bound by its terms and to comply with any action or require-
ments of the City in its exercise of such rights or powers which
have been or will be enacted or established.
(3) City's Right to Intervention. The City shall have the
right to intervene and the Company specifically agrees by its
acceptance of the Franchise Ordinance not to oppose such
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intervention by the City in any suit or proceedings to which the
Company is a party.
(4) Powers of the City. Neither the granting nor enforce-
ment of any provision governing the Franchise Ordinance shall
constitute a waiver or bar to the exercise of any other right or
power of the City.
(5) Administration of Franchise Ordinance. Subject to the
control and direction of the Council, the City Manager of City,
or City Manager's designee, shall be the designated administrator
responsible for the continuing
Ordinance.
(6) Resolution of Disputes and Appeal Procedures.
City may do all things which are necessary and convenient in
exercise of its jurisdiction under this Franchise Ordinance
administration of the
Franchise
The
the
and
may determine any question of fact which may arise during the
existence of any franchise. The City Manager is authorized and
empowered to adjust, settle or compromise any controversy or
charge arising from the operations of a Company, either on behalf
of the City, or the Company, in the best interests of the public.
If the Company Js -_d is s a t i n f.ied-Uzi-t-h—t-he--de c -i -s- an- -o f —the -C i y
Manager, an appeal may be taken to the Council for hearing and
final determination. The Council may accept, reject, or modify
the decision of the City Manager, and the Council may adjust,
settle or compromise any controversy arising from the operations
of Company or from any provision of this Franchise Ordinance.
The decision of the Council shall be final.
(7) City's Transfer of Functions. Any right or power
conferred, or duly imposed upon any elected official, officer,
employee, department, or board of the City shall be subject to
transfer by the City to any other elected official, officer,
employee, department or board.
SECTION 9 - 721
ENFORCEMENT
(1) Failure to Enforce Provisions. The Company shall not
be excused from complying with any of the terms and conditions of
the Franchise Ordinance by any failure of the City upon one or
more occasions to insist upon or to seek compliance with any such
terms or conditions.
(2) Contravention of Franchise Ordinance. In the event
the City is the prevailing party in litigation by the City to
enforce this Franchise Ordinance or in relation to a franchise or
the revocation of a franchise, Company shall reimburse the City
for any costs incurred by City in connection with that
litigation. Such costs shall include filing fees, costs of depo-
sitions, discovery, and expert witnesses, all other expenses of
suit, including reasonable attorneys' fees and costs and
disbursements.
(3)
Penalties. In addition to any other remedies provided
in this Franchise Ordinan��f�-0x v�-01atet�s o£ -hs
Franchise Ordinance are set forth below. In the event that the
violations identified below occur and are not corrected by Com-
pany within the respective time periods specified, the penalties
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may be greater than the sums delineated herein. These penalties
shall not be deemed the City's exclusive remedy. As a result of
any acts or omissions by Company pursuant to the Franchise Ordi-
nance, City may charge to and collect from the Company, by
drawing on the Letter of Credit set forth in Section 9-710(2), or
otherwise, the following penalties:
(a) For failure to complete System Rebuild by the
end of year two (2) of this franchise; or the System Upgrade
by the end of year ten (10) of this franchise, in accordance
with any approved Upgrade Plan; unless City approves the
delay, the penalty shall be Five Hundred Dollars ($500.00)
per day for each day, or part thereof, such failure occurs
or continues.
(b) For failure to provide, after ten (10) days'
notice, data, documents, reports -or -information or to coop-
erate with the City during a renewal process, CATV System
Evaluation and Renegotiation Session, or in the conduct of
City's Franchise Ordinance enforcement and administration
functions, the penalty shall be Fifty Dollars ($50.00) per
day.
(c) For failure to comply with any of the provisions
of this Franchise Ordinance after ten (10) days' notice, for
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which a penalty is not otherwise specifically provided, the
penalty shall be Fifty Dollars ($50.00) per day.
(d) For failure to test, analyze and report on the
performance of the CATV System following a request by the
City as set forth in this Franchise Ordinance and after ten
(10) days' notice, the penalty shall be Fifty Dollars
($50.00) per day.
(e) For failure by Company to modify the CATV System
or to provide additional services within the time required
by the City following a periodic Evaluation and Renegotia-
tion Session, the penalty shall be Two Hundred Dollars
($200.00) per day.
(f) For failure of Company to comply with the con-
struction, operation or maintenance standards thirty (30)
days following notice from the City, the penalty shall be
Two Hundred Dollars ($200.00) per day.
(g) For failure to provide, after ten (10) days'
notice, the services Company proposed pursuant to any re-
newal proposal or pursuant to the broad categories of ser-
vice required --by-this-f-r Inance, -the pez Tty shall
be One Hundred Dollars ($100.00) per day.
(h) For failure to comply with all conditions of
City permits to disturb streets, fix streets, or other terms
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or conditions of City, the penalty shall be Fifty Dollars
($50.00) per day.
(i) For failure to submit the Upgrade Plan pursuant
to Section 9-723(3), by July 1 of year eight (8), the
penalty shall be $500.00 per day.
(j) City, in its sole discretion, may stay or waive
the imposition of any penalties set forth above upon its
finding that such failure or delays are a result of acts of
God or circumstances beyond the reasonable control of
Company.
(4) Procedure for Imposition of Penalties. Whenever City
finds that Company has violated one (1) or more terms, conditions
or provisions of this Franchise Ordinance, a written notice shall
be given to Company informing it of such violation or liability.
Company may, within --ten -(10-) -days of notice, notify City t-ha-t
there is a dispute as to whether a violation or failure has, in
fact, occurred. Such notice by Company to City shall specify
with particularity the matters disputed by Company.
(a) City shall hear Company's dispute at a regularly
scheduled meeting of the Council. City shall supplement the
decision with _wr-itten__findings of fact.
(b) Upon a determination by City that a violation or
liability exists, City may draw appropriate sums on the
1
Letter of Credit. Company shall pay all costs associated
with hearings to the extent allowable under applicable law.
(c) The Letter of Credit deposited pursuant to this
Franchise Ordinance shall become the property of City in the
event that the Franchise Ordinance is cancelled by reason of
the default of Company or revoked or terminated for cause.
Company, however, shall be entitled to the return of such
Letter of Credit, or portion thereof, as remains on deposit
at the expiration of the term of the Franchise Ordinance, or
upon termination of the Franchise Ordinance at an earlier
date, provided that such termination is not with cause and
there is then no outstanding default on the part of Company.
(5) Other Rights, Including Revocation, Reserved. The
rights reserved to City with respect to the Letter of Credit are
in addition to all other rights of City whether reserved by this
Franchise Ordinance or authorized by law; including, without
limitation, the City's right to revoke or terminate the franchise
issued pursuant to this Franchise Ordinance. No action, pro-
ceeding or exercise of a right with respect to such security fund
shall affect any _o_t ier_xi.ght-City-may-have.
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SECTION 9 - 722
RIGHT OF AMENDMENT RESERVED TO CITY
The Company recognizes the right of City to make reasonable
amendments to this Franchise Ordinance during the term of the
Franchise Ordinance upon sixty (60) days' prior notice to the
Company or without notice in the case of emergency amendments.
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SECTION 9 - 723
RENEWAL
(1) Extension Process. In the event the Company submits
an Upgrade Plan to City by July 1 of the eighth (8th) year this
franchise, and completes construction of a System Upgrade in
accordance with an approved Upgrade Plan not later than the end
of the tenth (10th) year of the term of this Franchise Ordinance,
the franchise term shall be extended for a term of ten (10) years
beginning with the end of the tenth (10th) year of the term of
this Franchise Ordinance, and continuing to year twenty (20).
The requirements with regard to the System Upgrade and completion
of construction in accordance with the Upgrade Plan are set forth
in Section 9-723(3) of this Franchise Ordinance. In the event
the Upgrade Plan process is not abided by as set forth in
Section 9-723(3), the term of this Franchise Ordinance shall end
after ten (10) years.
(2) Renewal Process. Regardless of whether the franchise
is extended f r om-t-een—(-1-0-)- t -o ---twent-y--(-2fl-)--rears , -t-he f o 11 ow -i -n g
renewal process shall be complied with by Company:
(a) Company may apply for the renewal of the
franchise, according to the process set forth in this
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Section, no earlier than three (3) years and no later than
one (1) year before the expiration date of the franchise,
unless the Council determines that the City's interests
would be best served by allowing Company to make an earlier
application. During the six-month period which begins with
the 36th month before the Franchise Ordinance expiration,
the City may, on its own initiative, and shall, at the
request of the Company, begin to conduct a franchise renewal
process established by the City consistent with this
Section. The City shall, at a minimum, commence proceedings
which shall afford the appropriate public notice and
participation for the purposes of:
(i) identifying the future cable-related commu-
nity needs and interests; and
(ii) reviewing the performance of -the -Company
under the Franchise Ordinance during the
then current Franchise Ordinance term.
(b) Upon completion of a proceeding under subsec-
tion (a), Company may, on its own initiative or at the
request of City, submit a proposal for renewal. Any such
proposal shall be pursuant to a Request for Proposal pre-
pared by City and on forms prepared by City and shall con-
tain such material as the City may require, including
1
proposals for an upgrade of the cable system. The City may
establish a date by which such proposal shall be submitted.
(c) Upon submittal by Company of a proposal to the
City for the renewal of the Franchise Ordinance, the City
shall provide prompt public notice of such proposal and,
during the four-month period which begins on the completion
of any proceedings under subsection (a), renew the Franchise
Ordinance or, issue a preliminary assessment that the Fran-
chise Ordinance should not be renewed and, at the request of
the Company or on City's own initiative, commence an admin-
istrative proceeding, after providing prompt public notice
of such proceeding, in accordance with paragraph (d) below
to consider whether:
(i) the Company has substantially complied
with the material terms of the existing
Franchise Ordinance and with applicable
law;
(ii) the quality of the Company's service, in-
cluding signal quality, response to con-
-sum -ex complaints, ani Milling practices,
has been reasonable in light of community
needs;
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(iii) the Company has the financial, legal and
technical ability to provide the services,
facilities, and equipment as set forth in
the Company's proposal; and
(iv) the Company's proposal is reasonable to
meet the future cable -related community
needs and interests, taking into account
the cost of meeting such needs and
interests.
(d) In any proceeding under paragraph (c), the Com-
pany shall be afforded adequate notice and the Company and
the City shall be afforded fair opportunity for full parti-
cipation, including the right to introduce evidence (in-
cluding evidence related to issues raised in the proceeding
under subsection (a))-, -to requite --the —pr-odu-e-tion—of evi-
dence, and to question witnesses. A transcript shall be
made of any such proceeding.
(e) At the completion of a proceeding under this
subsection, the City shall issue a written decision granting
or denying the proposal for renewal based upon the record of
such proceeding; and transmit a copy of such decision to the
Company. Such decision shall state the reasons therefor.
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(f) Any denial of a proposal for renewal shall be
based on one or more adverse findings made with respect to
the factors described in subparagraphs (i) through (iv) of
subsection (c), pursuant to the record of the proceeding
under subsection (c).
(g)
Company shall reimburse City for all of City's
costs, including consultant and attorneys' fees, incurred in
conjunction with consideration of a Franchise Ordinance
renewal prior to the effectiveness of a renewal Franchise
Ordinance.
(3) Renewal Proposal. Notwithstanding the provisions of
subsection (1) above, Company may submit a proposal for the re-
newal of this Franchise Ordinance at any time, and City may,
after affording the public adequate notice and opportunity for
comment, grant or deny such proposal at any time. The provisions
of subsection (1) of this Section shall not apply to a decision
to grant or deny a proposal for renewal under subsection (2).
The City's denial of a franchise renewal pursuant to subsections
(2) and (3) shall not-off-ect -its-atriI-i-ty-to extecid he Franchise
Ordinance, should it choose to do so, upon satisfactory comple-
tion of the System Upgrade in accordance with subsection (1).
(4) Upgrade Plan. By July 1 of year eight (8) of this
franchise, Company shall submit to the City an Upgrade Plan. The
Upgrade Plan shall contain, without limitation, the following
items:
Expansion of the capacity of the CATV System to 550
MHz feed -forward operation with a channel capacity of 77
cable channels resulting through replacement of existing
electronics by the end of year ten (10).
In the event the City approves of the Upgrade Plan and
Company completes the construction required by the approved
Upgrade Plan by the end of year ten (10), the term of this
franchise shall be automatically extended by ten (10) years, from
the ten (10) year term to twenty (20) years. In the event that
the City does not approve of an Upgrade Plan, or the Company does
not complete the construction required by -the -Upgrade -Plan by the
end of year ten (10), the term of the Franchise Ordinance shall
be ten (10) years. Notwithstanding the requirements of this
subsection, the City may, at its sole discretion, determine to
renew the Franchise Ordinance pursuant to subsection (2) above.
Company and City agree that the Company's violation of this
subsection constitutes grounds for termination or revocation
pursuant to Section 9-725; a refusal to extend the term of the
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franchise beyond ten (10) years; as well as any other penalties
set forth elsewhere in this Franchise Ordinance.
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SECTION 9 - 724
REMOVAL AFTER TERMINATION OR REVOCATION
(1) At the expiration of the term for which this Franchise
Ordinance is granted, or upon its revocation or termination, as
provided for herein, City shall have the right to require Company
to remove, at Company's expense, all or any portion of the CATV
System from all streets and public property within City. In so
removing the CATV System, Company shall refill and compact at its
own expense any excavation that shall be made by it and shall
leave all streets and public property in as good a condition as
that prevailing prior to Company's removal of the CATV System,
and without affecting, altering or disturbing in any way electric
telephone or other utility -cable, -wi-r-es -or -attachments. -City
shall have the right to inspect and approve the condition of such
streets and public property after removal. The Letter of Credit,
Bonds, Insurance, Indemnity and Penalty provisions of the Fran-
chise Ordinance shall remain in full force and effect during the
entire term of removal.
(2) If Company has failed to commence removal of System,
or such part thereof as was designated by City, within thirty
(30) days after written notice of City's demand for removal is
1
given, or if Company has failed to complete such removal within
one year after written notice of City's demand for removal is
given, City shall have the right to exercise any of the following
options:
(a) Declare all right, title and interest to the
CATV System to be in City with all rights of ownership
including, but not limited to, the right to operate the CATV
System or to transfer the CATV System to another for
operation.
(b) Declare the CATV System abandoned and cause the
CATV System or such part thereof, as City shall designate,
to be removed at the expense of the Company. The cost of
said removal shall be recoverable from the Letter of Credit,
Bonds, Insurance, Indemnification and Penalties provided for
in this Franchise Ordinance, or from Company directly as
liquidated damages.
(3) Any portion of the CATV System not designated by City
for removal shall belong to and become the property of City with-
out payment to Company and Company shall execute and deliver such
documents, as ±he --City -i-n---form---amd— substance
acceptable to City, to evidence such ownership by City.
SECTION 9 - 725
EXPIRATION OR REVOCATION OF FRANCHISE
(1) Expiration; Extended Operation. Upon the expiration
of a Franchise Ordinance, the City may by resolution direct the
Company to operate the Franchise Ordinance for an extended period
of not to exceed six (6) months after the date of expiration.
The Company agrees to comply with such a direction. All provi-
sions of the Franchise Ordinance shall continue to apply to
operations during an extension period. The City shall serve
written notice at the Company's business office of intent to
extend under this Section at least thirty (30) days prior to
expiration.
(2) Grounds for Termination or Revocation. In addition to
all other rights and powers retained by the City under the fran-
chise, the City reserves the right to terminate or revoke the
franchise issued under this Franchise Ordinance and all rights
and privileges of the Company in the event of a substantial
breach of its terms and conditions. A substantial breach by
Company shall include, but shall not be limited to, the
following:
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(a) If Company substantially violates any material
provision of the Franchise Ordinance;
(b) If Company fails to begin or complete system
construction or extension as provided under the Franchise
Ordinance, including, without limitation, the requirements
that a System Rebuild be completed by the end of year two
(2), an approved Upgrade Plan be submitted by July 1 of year
eight (8) and the System Upgrade completed by the end of
year ten (10);
(c) If a petition is filed by or against the Company
under the Bankruptcy Act, or any other insolvency or credi-
tors' rights law, state or federal and the Company shall
fail to have it dismissed within ninety (90) days;
(d) If a receiver, trustee or liquidator of the Com-
pany is applied for or appointed for all or part of its
assets;
(e) If the Company becomes insolvent or makes an
assignment for the benefit of creditors;
(f) If Company attempts to evade any provisions of
the Franchise Ordinance._ot
(g) If Company attempts to dispose of any of the
facilities or property, of its CATV System to prevent the
City from purchasing it, as provided for herein;
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(h) If Company has made material misrepresentations
of fact in the application for or negotiation of this Fran-
chise Ordinance;
(i) If Company fails to replenish the fund secured by
the Letter of Credit within thirty (30) days after final
draw by City;
(j) If Company fails to maintain bonds and/or insur-
ance; and
(k) If Company practices any fraud or deceit upon the
City.
(3) Procedure Prior to Revocation. Upon the occurrence of
any of the events enumerated in this Section, the City may, after
hearing before the Council, upon thirty (30) days written notice
to the Company citing the reasons alleged to constitute cause for
revocation and allowing that -thirty -(-30-) -day -opportunity -to
remedy the occurrence, find such facts and set a reasonable addi-
tional time in which the Company must remedy the occurrence. If
the City determines that a fraud and/or misrepresentation has
been alleged and proven to the Council's satisfaction, the City
Council may not give Company any opportunity to remedy or comply.
Written notice shall be given of the decision by the City. If
the Company fails to remedy within the time specified, the City
may revoke or terminate the Franchise Ordinance after public
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hearing by repeal of the Franchise Ordinance. The repeal ordi-
nance shall be effective not more than six months after its
adoption.
(4) Injunctive Relief. Pending final disposition of pro-
ceedings to revoke a Franchise Ordinance, or during a period of
extension of a Franchise Ordinance after expiration, the City may
obtain injunctive relief to obtain compliance with the provisions
of the Franchise Ordinance and maintain the continuity of service
to subscribers. Such relief shall be in addition to and not in
lieu of other remedies available to the City. If the City
prevails, the costs shall be borne by Company including
attorneys' fees, costs and disbursements..
(5) Right of City to Purchase; Disposition of Facilities.
Upon expiration of the terms of the Franchise Ordinance, or upon
receipt of application for approval of an assignment of the Fran-
chise Ordinance or upon change of control of an assignment of the
Franchise Ordinance or upon change of control as set forth in
Section 9-707 (5) and (6), or if renewal of this Franchise Ordi-
nance is denied the City shall have the right to acquire the CATV
System. Any such- acqui-s4t- on--o-r-t-ransfer shall be at Fair market
value, determined on the basis of the CATV System as a going
concern but with no value allocated to the Franchise Ordinance
itself and shall be made pursuant to the provisions of
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Sections 9-725 (8) and (9) below. If the Franchise Ordinance
held by Company is revoked or terminated for cause and the City
determines to acquire ownership of the CATV System or effects a
transfer of ownership of the CATV System to another person, any
such acquisition or transfer shall be at an equitable price.
(6) Transactions Affecting Ownership or Control of Fran-
chise Ordinance Facilities. To protect the interests of the City
under any franchise granted pursuant to this Franchise Ordinance,
and in order that the City may exercise its option to acquire the
facilities and property of the CATV System upon expiration or
revocation of the rights and privileges of the Company, the Com-
pany shall not make, execute or enter into any deed, deed of
trust, mortgage, contract, conditional sales contract, or any
loan, lease, pledge, sale, pole agreement, or any other agreement
concerning any of the-f-ac3-l3-dies-or -property, -real -or --person-al,
of the CATV System, where such transaction would be inimical to
the rights of the City under any Franchise Ordinance if consum-
mated without adherence to the following provisions:
(a) Without the express approval of the City, which
shall not be unreasonably withheld, and
(b) Without a written assent filed with the City
binding upon the person in whom any right, power, privilege,
duty, title, interest, claim or demand in or to the
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Franchise Ordinance or the CATV System is created or vested,
to the effect that such right, power, privilege, d1ty,
title, interest, claim or demand is and shall be held and
exercised subject to all the terms and provisions of the
Franchise Ordinance, including this provision. The City may
require such written assent to be contained in the instru-
ment or document creating or vesting such right, power,
privilege, duty, title, interest, claim or demand. This
subsection shall not apply to the disposition of worn out or
obsolete facilities or personal property in the normal
course of carrying on the CATV business. The Council shall
determine what transactions may be inimical to the rights of
the City.
(7) City Right to Purchase System Upon Receipt by Company
of a Bona Fide Offer. In addition to and in conjunction with
Section 9-725 (5) and (6) above, City shall be entitled to a
right of first refusal of any bona fide offer to purchase the
CATV System made to Company. Bona fide offer as used in this
Section means an offer received by Company that it intends to
accept. In the event -City dec+des—t-o-purchase pursuant to this
Section, the price shall be at fair market value determined on
the basis of the CATV System value as a going concern but with no
value attributed to the Franchise Ordinance itself. In the event
that the bona fide offer which Company intends to accept is
-132-
either cash or cash payable over a period of time, fair market
value shall be the net present value of the bona fide offer.
Fair market value may, at the City's election, be deemed to be
the bona fide offer.
(8) Procedures for Exercise of First Riaht of Refusal. In
the event City elects to exercise its right to purchase the CATV
System as provided in this Franchise Ordinance, the following
shall then apply:
(a) City and Company shall negotiate all terms and
conditions of the purchase of the CATV System.
(b) If City and Company cannot agree upon the terms
and conditions of the purchase, City shall have the right to
proceed to arbitration. Arbitration shall commence and
proceed according to the Rules of the American Arbitration
Association and appl-icabI-e-M-i-nnesota lam—except as follows-:
(i) The parties shall, within fifteen (15)
days of City's decision to proceed to arbitration,
appoint one arbitrator each who is experienced or
knowledgeable in the field of cable communications
systems and purchase and valuation of business prop-
erty. Arbitrators shall each agree upon the selection
of a third arbitrator, similarly qualified, within
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fifteen (15) days after appointment of second
arbitrator.
(ii) Within thirty (30) days after appointment
of all arbitrators and upon ten (10) days written
notice to parties, the arbitrators shall commence a
hearing on the terms and conditions of the purchase in
dispute.
(iii) The hearing shall be recorded and may be
transcribed at the request of either party. All
hearing proceedings, debates and deliberations shall be
open to the public and at such times and places as
contained in the notice or as thereafter publicly
stated in the order to adjourn.
(iv) The arbitration panel shall be required to
determine the purchase price of the CATV System
according to the standards established in Section 9-
725(5) above.
(v) At the close of the hearings and within
thirty (30) days, the arbitrators shall prepare written
findings—and-macre a written --decision agreed upon by a
majority of the arbitrators which shall be served by
mail upon City and Company.
-134-
(vi) The decision of a majority of the arbitra-
tors shall be binding upon both parties except that
City may, in its sole discretion and without any pen-
alty or cost to City of any kind, withdraw its offer to
purchase within ninety (90) days of receipt of the
final decision of a majority of the arbitrators.
(vii) Either party may seek judicial relief to
the extent authorized under Minnesota Statutes, M.S.A.
SS 572.09 and 572.19 as the same may be amended, and,
in addition, under the following circumstances:
r
(A) A party fails to select an arbitrator; 1
(B) The arbitrators fail to select a third
arbitrator; IP 1
(C) One or more arbitrators is unqualified;_
-(D) Designated time limits -have—been
exceeded;
(E) The arbitrators have not proceeded
expeditiously; or
(F) Based upon the record, the arbitrators
abused their discretion.
(viii) In the event a court of competent juris-
diction determines the arbitrators have abused their
discretion, it may order the arbitration procedure
1
-135-
repeated and issue findings, orders and discretions,
with costs of suit to be awarded to the prevailing
party.
(ix) Costs of arbitration shall be borne
equally.
(c) Company expressly waives its rights, if any, to
relocation costs that might otherwise be provided by law.
(d) The date of valuation shall be no later than the
date City makes a written offer for the CATV System.
(9) Restoration of Property Upon Removal. In removing its
plants, structures and equipment, the Company shall refill at its
own expense, any excavation that shall be made by it and shall
leave all public ways and places in as good condition as that
prevailing prior to the Company's removal of its equipment and
appliances, without affecting the electric or telephone cables,
wires or attachments. The Director of Public Works shall inspect
and approve the condition of the public ways and public places
and cables, wires, attachments and poles after removal. Liabil-
ity insurance and indemnity provided in Section 9-711 and the
security for pe-r4Gr e---provi-ded -i-n-Section-9-1i-0-shai1 continue
in full force and effect during the period of removal.
The City shall have a right to all available remedies,
including drawing on Company's Letter of Credit required by
-136-
Section 9-710(2) of this Franchise Ordinance, in order to enforce
the requirements of this Section.
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SECTION 9 - 726
ABANDONMENT
Company shall not abandon the CATV System or any portion
thereof without having first given three (3) months' written
notice to City. Abandonment shall not occur unless first approved
by the City after reasonable opportunity to review. Upon showing
by Company of need for abandonment and an opportunity for the
City to determine other areas for the continuity of service, the
City shall evaluate any damage, claim or loss that may be appli-
cable as a consequence of such abandonment. In order to accom-
plish this, the City shall conduct a public hearing after pro-
viding reasonable notice to all affected persons as to the date,
time and place of the hearing. Thereafter, before abandonment
occurs, the City shall notify the Company of its determination
and any person, including City, entitled to damages and the
amount and basis therefor. Company shall not abandon the CATV
System or any porgy.ion__.t.her_eof---wi-t-hou-t—eompe-nsating —City lor
damages resulting to it from the abandonment.
-138-
SECTION 9 - 727
UNAUTHORIZED CONNECTIONS
It shall be unlawful for any person to make an unauthorized
connection, whether physically, electrically, acoustically, in-
ductively or otherwise, with any part of the franchised CATV
System within the City for the purpose of taking or receiving
television signals, radio signals, pictures, programs or sound.
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SECTION 9 - 728
SEVERABILITY; APPLICABLE LAWS & COURT DECISIONS
(1) Company and City shall, at all times, comply with the
decisions of the United States Supreme Court and' the appellate
courts of the State of Minnesota, as well as with all the laws,
ordinances and regulations of federal, state and City government
relating to the CATV System and this Franchise Ordinance.
(2) If any such decisions, laws, ordinances or regulations
shall require or permit Company to perform any service or shall
prohibit Company from
conflict with the terms
performing any service which may be in
of this Franchise Ordinance, then as soon
as possible following knowledge thereof, Company shall notify
City in writing of the point of conflict believed to exist
between this Franchise Ordinance and such law, ordinance or
regulation.
(3) If City determines that a material provision of this
Franchise Ordinance —is -affected -by such decisions of United
States Supreme Court and the appellate courts of the State of
Minnesota, or any law, ordinance or regulation; City shall have
the right to amend, modify, alter or repeal any of the provisions
of this Franchise Ordinance to such reasonable extent as may be
necessary to carry out the intent and purpose of this Franchise
Ordinance, and Company hereby agrees to such amendment,
modification, alteration or repeal of this Franchise Ordinance.
(4) To the extent any reference in this Franchise Ordi-
nance to outside documents, rules, or regulations has not validly
incorporated the same by reference, City from time to time may
amend this Franchise Ordinance to include such provision, to be
effective as of the date of commencement of the Franchise Ordi-
nance or of the effective date of adoption of the rule or regu-
lation, whichever is later. Company, by acceptance of this Fran-
chise Ordinance, consents to and agrees to be bound by any such
amendments.
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SECTION 9 - 729
I
WORKED PERFORMED BY OTHERS
(1) Company shall give notice to City specifying the names
and addresses of any other entity, other than Company, which
performs services pursuant to this Franchise Ordinance, provided,
however, that all provisions of this Franchise Ordinance remain
the responsibility of Company.
(2) All provisions of this Franchise Ordinance shall apply
to any subcontractorlor others performing any work or services
pursuant to the provisions of this Franchise Ordinance.
1 -142-
SECTION 9 - 730
ADMINISTRATION & ADVISORY BODY
(1) Administrator. The City Manager or the City Manager's
designee shall be responsible for the continuing administration
of this Franchise Ordinance. The administrator may be changed by
City from time to time by written notice given to Company.
(2) Advisory Body. City may appoint an advisory body to
monitor the performance of Company in executing the provisions of
this Franchise Ordinance. The advisory body shall perform all
functions required of it by the Council and applicable laws,
ordinances, rules and regulations.
(3) Delegation--of—Authority--by-City.
(a) City reserves the right to delegate and redele-
gate from time to time any of its rights or obligations
under this Franchise Ordinance to any body or organization.
(b) Any delegation by City shall be effective upon
written notice by City or Company of such delegation.
(c) Upon receipt of notice by Company of City's dele-
gation, Company shall be bound by all terms and conditions
1
of the delegation not in conflict with this Franchise
Ordinance.
(d) Any such delegation, revocation or redelegation,
no matter how often made, shall not be deemed an amendment
to this Franchise Ordinance or require any consent of
Company.
SECTION 9 - 731
TIME OF ACCEPTANCE; GUARANTEE;
INCORPORATION OF OFFERING; EXHIBITS
(1) Company shall have thirty (30) days from the last date
of adoption of this Franchise Ordinance to accept this Franchise
Ordinance in form and substance acceptable to City, unless the
time for acceptance is extended by City. If this Franchise Ordi-
nance is not accepted by Company in accordance with the terms of
this Section, this franchise shall be null and void and without
effect.
(2) Upon acceptance of this Franchise Ordinance, Company
shall be bound by -all the --terms and conditions -contained -herein.
(3) Company shall have continuing responsibility for per-
formance of the terms of this Franchise Ordinance, and if Company
be a subsidiary or wholly-owned corporate entity of a parent
corporation, performance of this Franchise Ordinance shall be
secured by guarantees of the parent corporation in form and sub-
stance acceptable to City, which shall be delivered at time of,
and as part of, acceptance of this Franchise Ordinance.
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(4) With its acceptance, Company also shall deliver to
City an opinion from its legal counsel, acceptable to City,
stating that this Franchise Ordinance has been duly accepted by
Company, that the guarantees have been duly executed and deliv-
ered, that this Franchise Ordinance and the guarantees are en-
forceable against Company and the guarantors in accordance with
their respective terms, and which opinion shall otherwise be in
form and substance acceptable to City.
(5) With its acceptance, Company also shall deliver to
City true and correct copies of documents creating Company and
evidencing the power and authority referred to in the opinion of
Company's counsel, certified as of a then current date by public
office holders to the extent possible and otherwise by an office
of Company.
(6) Company agrees that it will not, at any time, set up
against City in any claim or proceeding, any condition or term of
this Franchise Ordinance as unreasonable, arbitrary, void or that
City had no power or authority to make such term or condition,
but shall be required_to accept the validity of the terms and
conditions of this Franchise_Or-di-Hance -in -t-herr entirety.
(7) With its acceptance, Company shall also pay all costs
and expenses, including attorneys' fee and publication costs
incurred by the City in connection with the renewal process. The
City shall provide an itemized statement to Company. Costs or
expenses of the City not identified at that time shall be paid
promptly by Company upon receipt of an itemized statement from
the City. It is the intent of the City and Company that the City
be reimbursed for all costs and expenses in connection with the
granting of the Franchise Ordinance including any subsequent
expenses due to delays or litigation pertaining to the grant of
the Franchise Ordinance. With its acceptance, Company shall also
deliver any security deposit, insurance certificates, performance
bonds and access capital grants required herein.
(8) All of the attached exhibits are a part of this
Franchise Ordinance and each is specifically incorporated herein
by reference. The exhibits are as follows:
Exhibit A: Company's list of electronics and
equipment to be used in the rebuild.
Exhibit B: Listing of equipment for the studio
facilities and the mobile van required
by Section 9-712 as well as the upgrade,
replacement and maintenance plans for
this equipment and facilities.
Exhibit C: List of city and school district
buildings Company has agreed to
-- i n t e r-eofrnec t.
Exhibit D:
Preliminary outline of minimum public
relations plan for System Rebuild,
system upgrade, and any other
construction.
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SECTION 9 — 732
INTERPRETATION BY CITY OF FRANCHISE
In case of any dispute or question as to the meaning, inter-
pretation or application of any term, provision or condition of
this Franchise Ordinance, the City in its sole discretion shall
resolve such dispute or question.
-148-
SECTION 9 - 733
VALIDITY OF FRANCHISE
Company has been represented throughout the negotiations of
the franchise renewal by its own attorneys and has had opportun-
ity to consult with its ovr...R,'- -prneys about its rights and obli-
gations regarding the franchise. In consideration of the renewal
of the franchise to Company, Company hereby waives any claim
which it may have with respect to the issuance of and/or the
terms and conditions of the Franchise Ordinance. In consid-
eration of the renewal of the franchise to Company, Company also
releases the City and any of its elected officials, employees,
representatives, agents, servants, including attorneys from any
claims it may have,---known-=or-=unkcnown-;-inci-uding, --wi=thout -ii-mit-a-
tion, claims arising under Minnesota Statute S 238 et. seq., the
Cable Communications Policy Act of 1984, the ordinances and char-
ter of the City of St. Louis Park and/or the requirements of
federal, state or municipal law including the Constitutions of
the United States and of Minnesota. However, the foregoing
release shall not apply to any claims which the Company may have
with respect to the terms and conditions of the Franchise Ordi-
nance where substantially the same terms and conditions of other
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1
cable television franchises have been held invalid by a binding
and final judgment of the United States or Minnesota Supreme
Courts.
3. Describe the proposed distribution system, cable and
equipment. Give the manufacturer, type and model number for the
following. If any equipment proposed for use is not presently
available for purchase, please so indicate: -
A.
Cable
1) Aerial:
2) Buried:
3) Drop:
Coram/Scope QR-860JCA QR-500JCA
Comm/Scope QR-860JCASP QR-500JCASP
Comm/Scope F6SSV
B. Active Electronics
1) Trunk Amplifiers: Scientific Atlanta, 6540 AB, 6540
MB
2) Bridging Stations: Scientific-Atlanta, Bridger amps
3) Line Extenders: Scientific Atlanta, 6554
4) Power Supplies: Lectro, V-00-1-6-00
5) Stand-by Power: Lectro, S/8 SV -30-60-14A
6) Converters: Scientific Atlanta, 8580
C. Passive Electronics
1) Splitter: Scientific Atlanta SAS2F
--2) Powe -r- i -near -s —Sri en t -i -i c -At 1-aIt--a- S I F
3) Subscriber Taps: Scientific Atlanta SAT2F, SATIP,
SATIN
4) Connectors: Gilbert, 6R8 -860 -CE -QR, 6R8 -500 -CE -QR
Nortel reserves the right to substitute equipment
manufactured by other suppliers which meet the technical
specification of the equipment proposed.
4. Describe the headend, including the location. Give
manufacturer, type, and model number for the following. If any
equipment proposed for use is not presently available for
purchase, please so indicates
• .V` ti -
SECTION 9-731
-6- - Exhibit A
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1
Annul
The headend location will remain at 516 teitiine eoulevas
A. Satellite Earth Station: Two Scientific Atlanta five
meter cassigrain, one Scientific Atlanta model 09000, vOg
3.2 metes prime focus.
S. VEP Antennas: Scientific Atlanta Q0, QC7
C. OOP Aateanast Scientific Atlanta•QcI-ISR
D. Modulators: Phasecom 2105, Scientific Atlanta 6350
E. Receivers: Scientific Atlanta, 6602
•
F. Processors: Phasecom 2300, Scientific Atlanta 6150
G. Scrambler: Scientific Atlanta, 8556-003
R. Stand-by Power: ONAN
I. Combiner: Scientific Atlanta 68-12TS
'Note: All replacement and additions we propose to use are
Scientific Atlanta. Nortel reserves the right to substitute
equipment manufactured by other suppliers which meet the
technical specifications of the equipment proposed.
NORTEL CABLE TV-FRIDLEY
CABLE TV
TEL No. 612 571 9687 Nov 30.88 15:36 P.02
ST. LOUIS PARK ACCESS/L.O. INVENTORY
EQUIPMENT IS CATEGORIZED INTO FOUR CATEGORIES
"A": Studio production equipment available to trained access
members, access staff, gt.Louis rkranchise
NPaPark
This eq
is delegated to th
"C": Cab lecasting/control room equipment available to trained
access members, access staff, Nortel employees.
This
equipment is delegated to the St. Louis Park Franchise.
"V": Van production equipment available toraccesLs mmbbers0.f,
who have been certified for use by is
access staff, Nortel employees.
This equipment
first prprioritty is r-isoy- y is three Nortel Franchises, but to facilitate productions i -n -the, s
B
St. Louis Park Franchise.
"N": Nortel equipment for use by access staff, or
Norte].
employees. It can be used for t mporaryrorepl Feanctises,
nt
of equipment under repair and by
by Nortel employees.
INVENTORY OCTOBER 25, 1988
Jeff Oehler
Production Coordinator
Nortel
SECTION 9-731
EXHIBIT B
1
8 E' TV-FRIDLEY TEL No.
Iuantity Item
2 Sony Color Camera
OXC-1800
2 Sony studio viewfinders
OXF-40
2 Sony 10:1 lenses (Cannon)
612 571 9687 Nov 30.88 15:36 P.03
ST. LOUIS PARK ACCESS/L.O. STUDIO EQUIPMENT
2 Sony Rear Control for lens
LO -25
2 Sony 14 PIN camera cables 25m
2 Sony camera
power supplies CMA -7
2 Sony Camera control
units CCU -1800
2 Quickest Husky tripod/head/dolly 4-73010-7
3 Sony intercom headsets
DR10
3
1
5
Sony Tie-tac microphones
ECM -50
Sony Tie-tac microphone
Smith -Victor Broad Lights
ECM -44
750
1
2 Sony Unimedia color receiver
Winstead racks on /monitor
caster frames
2 Easels for camera cards
2 Sony color monitor 8"
3 Panasonic _B&W 5"
Monitore
1 Panasonic production switche
1 Panasonic audio mixer
1 Teao audio cassette deck
2 Atlas MIC stands
2 Electrovoice handheld mica
MB 8200
5208
r 5500
450
CX -311
635A
528
items
1
1 Electrovoioe lavalier mic 1 Conran 8" 8 i W Monitor 1 Tektronics waveform monitor
Rack mount unit for above two
sn
12991
12026
011137
011358
11784
11782
10336
10339
556702
011441
011447
56203636
—562016T31
56203638
3340033
8228327
C
A
A
•
CpBLE TV-FRIDLEY
T. LOUIS Watt ACCg$3/L•0• STUDIO EQUIPMENT (continued)
S
TEL No.
612 571 9687 Nov 30.88 1j37 P.04
C_
Ea 4 2000 '1AZ3�1
Item N
puantit keyborad R
ODE
g remota terminal te ruction console
i Emcore law si Moue
Radio Shacks speaker»
1 ower cordsitems
for above video/audio/power
lex
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TV-FRIDLEY TEL No. 612 571 9687 Nov 30.88 15:37 P.05
4111 ST. LOUIS PARK ACCESS/L.O. CABLECASTING EQUIPMENT
22tatiSY Item
nem
3 Setohel-Carlson B&W 5" Monitors
1 Audio/video patch bay 2x26
16 Video/audio cords for above
3 Shure audio mixers w/rack mount M-67
1 Shure audio mixer w/rack mount M-67
1
Bosch ewitcherrnseh w/keypadlcontrol/audio routing
board
Sony 3/4"VCR VO -2800
Sony 3/4" VCP VP -5000
2
2
1
1
1
11.
2
1
Sanyo'19" color receiver 91058
Emcor 72" rack
Wall clock
Gralab darkroom timer
12 Outlet power strip
6 Outlet power strips
Sony 3/4" VCP
V0-2011
X Audio/video/power cords for above
1 Panasonic VRS --VCP AC -1100
pia
605619
CP1002
10214
15299
13846
16385
V80731135
13981
N
-_ZU61d00 Ob2 "
R042987
NORTEL CABLE TV-FRIDLEY TEL No.
At
04*
4
ST. LOUIS PARR ACCESS/L.O.
Quantity Item
3 Anvil cases
2
2
2
2
2
2
4
1
12
3
Sony
Sony
Sony
Sony
Sony
612 571 9687 Nov 30.88 15:30 P.06
PRODUCTION
cameras
camera CCU
camera power supplies
view finders
eng. view finders (1820)
VAN INVENTORY
Custom
DXC-1820
CCU -1820
CMA -8
DXF-40
Sony camera cases, tripod plates
Sony 14 pin camera cables 50m_
Panasonic VHS VCR
Crosspoint Latch Seg
Panasonic color monitors
Panasonic 8&W monitors 5"
1 Radio Shack audio intg. AMP
1 Radio Shack 5" speaker
1 Lowel Tota light
1 Stand for above
2 Winstead racks on casters
1 Shure audio mixer
2 ITE tripod/head
2 ITE tripod dollies
2 Electro voice mica
4 Electro voice mics
6200
6119
BTS702N
52038
SA -10
--M2-t7
T-40
D-40
RE -15
635A
2 Shure desk top mic stands S39A
2 Atlas boom mic stands
2 Atlas mic stands
6 Electrovice windscreens OR10A
7 Sony intercom headsets
1 Old Smith -Victor box for audio gear
• 4 6 outlet AC power strips
s n
106137
118991
105858
12197
12222
10 322
10743
12555
12556
014353
014354
12562
12544
CODE
V
w
w
w
w
M
TXP85000N "-
0781
KA5341083 "
KA5341084 "
18202384 "
18202385 "
10202386 "
w
w
w
w
w
w
w
w
w
w
w
w
w
w
«
w
«
w
w
f
1
1
-FRIDLEY TEL No. 612 571 9687 Nov 30.88 15:38 P.07
ST. LOUIS PARK ACCESS/L.O. PRODUCTION VAN INVENTORY (continued)
Quantity Iter !n s n CODE
1 VAC intercom control unit - V
5 VAC intercoms stations v/belt clips
.
.
w
3 150 ft. grounded AC cords "
2 50 ft. grounded AC cords "
3 50 ft. XLR audio cables (black)
3 300 ft. XLR audio cables (grey) "
6 50-175 ft. XLR audio cables (grey) "
1 KNOX character generator - - K50 __ ___— _ ° _
1 Videotek waveform mon i•::or TSM -SA 010854815 "
1 Rack unit for above
x Video/audio/p w er cords for above
NORTEL CABLE TV-FRIDLEY TEL No.
612 571 9687 Nov 30.88 15:39 P.08
ST.
LOUIS PARK L.O. EQUIPMENT INVENTORY.
EDIT
ROOM
i SPARES
r
Qvantit
1
2
1
2
1
1
1
2
1
1.
1
2
2
1
1
1
1
2
11
3
1
1
21
14
14
1
1
2
2
1
X
Item
CODE
Encore 72" rack
Microtine TBC
Sony Trinitron color monitors
Radio Shack integrated AMP
Radio Shack 5" speakers
Panasonic
Sony 3/4"
Sony 3/4"
Sony edit
Multi -pin
production switcher
VCR
VCR
controller
cables for above
T120
PVM8200
SA -10
4600
5850
5800
RMM-440
TXP8500N
503478
503594
920731
20540
17328
12 outlet power strip
Sony 3/4" VCR
Sony 3/4" VCR
Sony 3/4" VCR
Porta brace cases for above
Sony batteries
Sony power supply/battery chrgr
Panasonic 3/4" VCR
Sony color monitor/teceiver 12"
Sony color _monitor/receiver 17"
Panasonic monitor/receiver 13"
JVC 5" color monitors
Sony Power supply
Sony 14 Pin camera cable 25m
Sony eng viewfinders
Sony camera lens 6x1 (Cannon)
VDS keyboard
Quickset Husky tripod
Smith -Victor lights (spot)
Smith Viotor lights small
SMith Victor light portable
Smith Victor Stands FOR
Packing case FOR (black)
Century light clamps (pipe)
Comprehensive shotgun microphone
Tektronix waveform monitor 528
Telco intercom headset
Telex intercom headset
Vac intercom control
Vac intercom station
Quickest Husky tripod
Tascam audio cassette
VO -2860
VO -2800
70-4800
15028
16007
134767
117166
BP -60
AC -340B
NV -9400
1250
1750
1310
TM22U
CMA -7
DXF-3
KB2001
-5-95534. 9
720
700
BL -100
720,750,700
720/750
dolly
deck 225
Audio/video/power cords for
above
15301194
505835
011987
M1929-3"30
17806039
11136
18294
12614
13760
7932
8227565
170036
1
CABLE TV-FRIDLEY TEL No. 612 571 9687 Nov 30.88 15:40 P.09
CABLE TV
September 29, 1988
Ms. Sharon JClumpp
City of St. Louis Park
SODS Minnetonka Blvd.
St. Louis Park, MN 55416
Dear Sharon:
At our recent meeting on Tuesday, September 20th, you requested
some clarification of my letter of September 16th. Attached
is a new revised replacement schedule which Y believe will
answer most questions on equipment replacement including
cameras, waveform monitors and the time base corrector.
Some other items were discussed on which I have received
some further information:
1. VCR 'roll in" capability - 1 understand this issue has bean
sat[efactorIly addressed and you will be provided with the
capability -as -requested.
2. Waveform monitors: They have been calibrated but 1 have aske
Jeff to check them once more and if he feels it is necessary
to go ahead and resubmit theta for calibration. Also the
lights on the particular monitor in question have been fixed.
3. Time base corrector: - Jeff Dehler mentioned that John and
Req a express heir concerns to him which were:
A. That freeze frame capability was not available and;
B. availability of unit for their productions was not
as often as they would like.
The freeze frame capability is not presently available
on the unit we have. However, it could be when the time base
corrector would be scheduled for replacement. I believe
there is a significant issue of amount of use,
which should not mandate immediate replacement. I have
instructed Jeff to make the time base corrector available
to the access group at their request.
4. Character generator: - Sino problem. Jeff has one keyboard
in for repair at present but is unaware of a syncroblem
which was related by John. He will talk to John directly
to clarify.
NORTEL CABLE TV-FRIDLEY TEL No.
Sharon Klumpp, cont'd.
page two
612 571 9687 Nov 30.88 15240 P.10
5. Maintenancerogram: Jeff will be submitting to me a copy
t'. request for repair fors as soon as he receives it and
has been instructed to initiate inspection within one week
of the request. Jeff prioritises his inspection schedule
based on the use of an item and available substitutes for
it. He also prioritizes repair in the same way, that is
if 'next on bench service• is necessary to provide for
production consistency and the maintenance of production
schedules, he will make that a mandatory condition.
However, if an item is temporarily replaceable or can be
eliminated, the repair is based on normal repair scheduling
and the time frame of the repair facility.
6.. Set furniture and Curtains: Set furniture is being evaluated
wrth an eye �o replacing if necessary. I have asked Jeff -
to work with a local vendor to try for a 'trade' in
exchange for advertising. The studio curtains appear to
be in satisfactory shape and will be dry cleaned. As we
mentioned, the access couch and other items which were
left in the studio will be destroyed shortly to clear out
the debris taking up studio space.
1 believe that covers it but let me know.
Regar
y
;14 k ammeratrom
er 1 Manager
MH:na
cc: Gerry Karma
Keith Cripps
Ron Abrams
Jeff Dehler
NORTEL CABLE TV-FRIDLEY
TEL No. 612 571 9687 Nov 30.88 15:41 P.11
CABLE TV
September 29, 1988
NORTEL CABLE TV PRODUCTION EQUIPMENT
IMMEDTAM REPLACEMENT (within 6 months)
Quantity Item
Model Serial
Number Number
3 Panasonic Studio Camerae
2 Smith Victor Lights 700
2 Smith Victor Light Stands
8 Sony Batteries OP -60
1 Smith -Victor Carry Case
1 Sanyo 19" color receiver 91058 V80731135
IMMEDIATE REPAIR (within 3 months)
1 Waveform monitor (calibration)
1 ITE Tripod Read 0.40
1 ITE Dolly 0-40
1 Comprehensive Shotgun Microphone
1 Sony Camera Lens 10x1
SECOND PRIORITY REPLACEMENT (within l year)
1 Time -Base -Corrector
1 Commodore Computer C-64
1 Sony Camera DXC-1800 13381
2 Bilora Tripod/Read/Dolly 314
(Bilora Tripods to be temporarily replaced by Fridley
,franchise - Quickest Tripods)
•
NORTEL CABLE TV-FRIDLEY TEL No. 612 571 9687 Nov 30.88 15:41 P.12
SECOND PRIORITY REPAIR (within 1 year)
Model Serial
Quantity Item Ntmber• s• I�wnb�!
1 Sony 3/4" VCR V-2800 '
1 Sony Color Monitor 17" 1750
1 Sony 3/8" VCR VQ -2800
1 Sony 3/4' VCR V0-2011
NO NECESSARY REPLACEMENT
2 Telex Intercom Headset
1 Telco Intercom Headset •
1 Quickset Husky Tripod
1
1
1
OTHER
Sony Camera
VDS Remote Terminal Keyboard
Sony 8' Color Monitor
5.95534-9
DXC-1820 (Replaced)
RDT-2000 (Currently
repaired)
MB -8200 (Currently bet g
repaired)
1
1
1
4
City of St. Louis Park:
City Hail
5006 Minnetonka Blvd.
St. Louis Park, MN 55416
St. louts Park Recreation Center
5006 V. 36th St.
St. Louis Park, MN 55416
Municipal Service Center
7305 Oxford St.
St. Louis Park, MM 55426
Fire Station 01
3750 Wooddale Ave.
St. Louis Park, MN 55416
Fire Station 02
2262 Louisiana Ave.
St. Louis Park, MN 55426
Nelson Community Center
2500 Georgia Ave.
St. Louis Park, MN 55416
•
Attachment A
Westwood Hills Environmental Education Center
8300 W. Franklin
St. Louis Park, MN 55426
Lenox Community Center
6715 Minnetonka Blvd.
St. Louis Park, MN 55416
Eliot Community Center
6800 Cedar Lake Rd.
St. Louis Park, MN 55426
Brookside Community Center
41st and Vernon Ave.
St. Louts Park, MN 55416
Central Community Center
6300 Walker St.
St. Louis Park, MN 55426
( t
St. Louis Park Schools District 283
Aquila Primary Center
8500 W. 31st St.
St. Louis Park, MN 55426
Peter 'Mart Primary Center
6500 W. 26th St.
St. Louis Park, MN 55426
Susan Lindgren Intermediate Center
4801 W. 41st St.
St. Louis Park, MN 55416
St. Louis Park Junior High
2025 Texas Ave.
St. Louis_Park, MN 55426
Park Senior High
6425 W. 33rd St.
St. Louis Park, MN 55426
District Maintenance Shop
6400 Walker St.
St. Louis Park, MN 55426
SECTION 9-731
Exhibit C
t Exhibit- 1B I
•� PUBLIC RELATIONS PLS ' .T '
ST. LOUIS PARR REBUILD
The following represents a preliminary outline of the public relations
plan to be foliated during the rebuilding of the St. Louis Park Cable
System.
1. NEIGHBORHOOD NOTIFICATION
A. General Notifications
--Nortel will utilize three primary methods of construction
notification - billatuffers to existing customers, newspaper
advertising and door hangers.
B. Aerial Construction:
r
--Primarily, we will utilize newspaper advertising and bill-
stuffer notification for the areas to be reconstructed aerially.
We have found that the aerial construction proceeds very quickly
and therefore, it is necessary to use a broadbased medium such as
newspapers.
- -Newspaper ads to run as necessary, focusing on current
general location of aerial crews (See sample ad attached).
- -Billstuffers will be included to describe aspects of
construction citizens should be aware of (Sample attached).
C. Underground Construction:
Residents will be notified by door hangers, billatuffers and
newspaper (as necessary) . As- underground __construct -ion --tends
to be slower than aerial construction and disturbs more visible
areas, door hangers are necessary in addition to the broad-
based media listed for aerial construction.
- -Door hangers will be left on all residents' doors in
the affected construction areas no earlier than 72 hours
and no later than 24 hours before construction begins.
All door hangers will describe the work to be done, list our
phone number and a specific company contact person to call__for
problems --See sample attached). As St. Louis Park's under-
ground system is very small, this system of primary notification
should be sufficient but will be supplemented by general
notification via general newspaper ads and billstuffers.
2. COMPLAINT PROCEDURE
A. All notification materials will have our phone number printed
prominently on them.
B. A specific employee will be designated to handle construction
related questions and problems.
SECTION 9-731
Exhibit D
1
-
-2-
C. Once a complaint is received, it is entered on a complaint log
specifically for the resolution of construction complaints
(See attached) and telephoned to the aerial or underground
construction supervisor for correction.
D. At a minimum, the employee designated to handle construction
complaintswill update listed items that have been completed
on the complaint log once per week and re
General Manager. Any discrepancies and items results
mpitted
will also be discussed at this time.
3. SAFETY PROCEDURES
A. All contractors and subcontractors that are hired by Nortel
for cable construction will be licensed, bonded and insured
to properly for the protection of the citizens of St. Louis
Park as well as Nortel employees affected by construction.
B. All OSHA safety standards will be enforced and audited by
a Nortel management official.
C. All construction equipment will be clearly marked and construction
zones clearly designated in accordance with all laws and appropriate
safety regulations.
D. All holes, trenches and other safety hazards in underground
areas will be filled in or otherwise secured to properly protect
residents and to avoid inadvertant injury during non -construction
hours.
SCBSCRIBER NOTIFICATION OF THE OPERATION OF THE NEW CABLE SYSTEM
From time to time as necessary, Nortel will mail to customers_updat88
relating to the progress on cable construction, availability of new channels,
channel line up changes, etc. in accordance with franchise regulations.
As the time frame of particular changes to the system are unknown,
specific dates for customer notification cannot adequately be forecast
at this time. A sample of our notifcation mailer for the first Bloomington
channel line-up change is attached as reference to a typical type of
mailer we will provide to communicate these changes to our customers.
Nortel is willing to entertain any additional ideas or suggestions_the
City may have to insure the rebuild_proceeds smoothly and with minimum
disruption.
Section 2. This ordinance shall take effect 15.days after its
publication.
Approved by the City Council on February 6, 1989, for
adoption on February 7, 1989.
Reviewed for Administration:
Mayo
Approved as to form and execution:
City Manager City Attorney
r
r
1
Minnesota Suburban Newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
COUNTY OF HENNEPIN)
L.J. Canning, being duly sworn i� lt
t)St,LA��gal
the publisher or authorized agent and employee of the publisher of
St. Louis Park Sailor
stated below.
summars AlacE Na'r''$9G
F OFA tL14.8"/
01' si.EN11N sTd the or
eon -
aro repv� �rslea w
Thiscon' j
end
�°n orastandardsand
�� er ,otecn nice• a s�
(A) The newspaper has complied with all of the requirements constituting qualificatioi ��em� � trap stiff te° r
The term 'an an sapstacwTY R�°rthe
re
as provided by Minnesota Statute 331A 02, 331A.07, and other applicable laws, as an cableO nde cor 6bw "
maw tem and ine>, l :
swill
1 cable two years.rrite cable systern by
I c plete and gr 1, 711rhainl take eft
1.,..,,ttear
.-- to date
bce lids vebn�r,j 6''
989
valei _ Or
E� hon ,, 1,<c `to is
a u
, and has full know,
(B) The punted Ordinance No. 1774-89
ardtnanCe, of the ea els
y5 daysby the City' b '{
which is attached was cut from the columns of said newspaper, and was printed and publisy tdl tettCI
Clerk'so�ce)
a tib ler cow et the ml°,�
for one successive weeks, it was first published on Mond a Y , the \ day
of Fe b ru a rr, 19 89, and was thereafter printed and published on every to
and including , the day of
, 19 , and printed below is
a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication of the notice
a bcdefghijklmnopgrstu
Acknowledged before me on this
16 day ofIb r , 19 89
nv
Public Fi1E1DEL M HEDBLOM
NOTARY PUdIIC - MINNESOT6
HENNEPIN COUNTY
My commission expires 7-2-92
TITL
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
(2) Maximum rate allowed by law for the above matter
(3) Rate actually charged for the above matter
6lisbpr
1 10 per line
598 per line
537$ per line