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HomeMy WebLinkAbout96-2066 - ADMIN Ordinance - City Council - 1996/06/03ORDINANCE NO. 96-2066 AN ORDINANCE AMENDING THE CABLE COMMUNICATIONS FRANCHISE ORDINANCE FOR THE OPERATION OF A CABLE TELEVISION SYSTEM IN ST. LOUIS PARK, ST. LOUIS PARK MUNICIPAL CODE; PART 7 — ABLE TELEVISION THE ST. LOUIS PARK CITY -COUNCIL DOES ORDAIN: Section 1. Section 9 - 708 (c) of the St. Louis Park Municipal Code is hereby amended as follows: (c) The City, in consideration of an early completion of Company's Upgrade Plan and additional technical improvements, features, faciliues, equipment, reports and correspondence as described in attached Exhibit "A" addendum, incorporated by reference, grants an extension of six (6) years to the present ten (10) year term, which expires February 27, 1999. The extension embodied herein constitutes the whole of the agreement, specifically replaces reference to the ten (10) year extension language identified in Section 9-708 (c), 9-714 (7)(c)(d), 9-719 (13)(15), 9-723 (1)(2)(4); and continues the terms and conditions of the franchise ordinance provided for in Section 9-707. This ordinance amendment shall in no way relieve Company of any of its obligations in this Franchise Ordinance particularly with respect to: 1) Company's financial contribution to the City in support of equipment for public, educational and governmental access as identified in Section 9-714 (7) (c)(d); 2) the City's ability to require a periodic evaluanon and renegotiation session during year twelve (year 2001) of this Franchise Ordinance as identified in Section 9-719 (13); 3) the City's ability to require an inspection of Company's system performance during year thirteen (year 2003) of this Franchise Ordinance as identified in Section 9-719 (15); and 4) the obligations of the City and Company with respect to the franchise renewal process as identified in Section 9-723 of the Franchise Ordinance The six (6) year extension was conditioned upon receipt of an independent engineering report as provided for in Section 9-716 (4)(d), and confirmed by April 5, 1996 Company correspondence, both of which are in attached Exhibit "A" addendum. Thirty six months before the February 27, 2005 expiration of the extended franchise term, City will begin the franchise ordinance renewal process. City or Company shall not be precluded from conducting a needs assessment, requesting or submitting a proposal for renewal prior to February 27, 2002. Section 2. Effective Date. This ordinance shall take effect 20 days after its adoption. May 1, 1996 - (Notice of public hearing) May 20, 1996 - (Public heanng by Council and first reading) June 3, 1996 - (Second reading scheduled) June 23, 1996 - Ordinance effective date Ado '; d by the City Council June 3, 1996 Revi - wed for Administrauon: a,J orfman, Mayor Approv d as to form d execution: City Attorney r 1 Cable TV Franchise Ordinance Exhibit A 1988 distribution: system, cable and equipment. 1988 headend: location and equipment. Documentation for Paragon Cable, St. Louis Park system upgrade: proposal, reports, correspondence, notes, maps, franchise ordinance amendment language which incorporates this exhibit into the ordinance. 10.18.95 Paragon proposal to City 11.03.95 Staff report to Citizens CATV Advisory Commission 12.18.95 Staff background to City Council, resolution concerning upgrade and six year extension 12.18.96 Paragon note from Mark Hammerstrom to Robert Larson on 1 pg number of nodes and their serving area size 6.95 Channel line-up card prior to upgrade proposal 1.96 Channel line-up card after upgrade activity started 4.96 Channel line-up card after upgrade activity completed 1.15.96 Paragon facsimile request to publicize 1 pg fiber optic construction interruptions associated with upgrade 1.16.96 Paragon report to Commission on upgrade progress in 1 pg four areas in the city. Power supplies and fiber optics described as part of upgrade. 1.24.96 Paragon letter of 60 day notice of upgrade completion 3.11.96 Paragon letter announcing upgrade completion 3.25.96 Paragon SLP trunk color schematics: file: Slpnode.ecw, Slpnode1.ecw 4.5.96 Paragon letter confirming engineering 1 pg inspection as a condition of extension approval 4.9.96 Paragon lists of -Node id numbers, addresses, activation dates -Fiber node schematic listing line extender id numbers -List of fiber runs from SLP to Bloomington locations, Eden Prairie headend and Minneapolis headend. 4.11.96 City letter requesting headend schematics and fiber loop map 4.15.96 Independent Engineering Report and 4.22.96 addendum 4.16.96 Staff letter to engineer for greater detail 4.22.96 Franchise ordinance ammendment document 5.1.96 Paragon summary of channel offerings, price information and channel line-up 5.3.96 Paragon letter: channel capacity, interference, equipment 1 5.7.96 Paragon SLP Equipment Distribution list A:\UPG_EX_A.TOC 2 pgs. 3 pgs. 1 pg 2 pgs. 1 pg. 1 pg 2 pgs. 3 pgs. 1 pg. 6 pgs. 1 pg 1 pg 2 pgs pg 2 pgs The following are part of exhibit A, but not presently attached for bulk or confidentiality reasons 4.17.96 Paragon User Manuals for: Philips Diamond transport system 76 pgs. Philips Magnavox Spectrum 2000 750MHz Global Network Amplifiers 54 pgs. Philips NRT Return transmitter for Diamond Net Optical Node 12 pgs. Philips NLIK local infection kit for Diamond Net Optical Lid 7 pgs. Philips Diamond Net One Optical Lid assembly 14 pgs. 4.17.96 Paragon Confidential documents: 1 pg each Eden Prairie headend: system combining network Rev 12, 5.31.95 Eden Prairie headend: redundant fiber loop to SLP passes through four cities STATE OF MINNESOTA) SS COUNTY OF HENNEPIN) Denis L. Mindak OrA MINNESOTA PUBUCATION SuK.Lia.a SrMvou s1+rSrtr AFFIDAVIT OF PUBLICATION , being duly sworn on an oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as Sun -Sailor which are stated below (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statue 331A 02, 331A 07, and other applicable laws, as amended (B) The printed , and has full knowledge of the facts ! Summary - Ordinance No. 96-2066 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for one successive weeks, it was first published Wednesday the 12 day of I I Ill ti nted and published on every to and including June , 19 96, and was thereafter , 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 abcdefghliklmnopgrstuvwxyz Acknowledged before me on this 12 day of BY. City of St. Louis Park (Official Publication) SUMMARY ORDINANCE NO. 96-2066 AN ORDINANCE AMENDING THE CABLE COM- MUNICATIONS FRANCHISE ORDINANCE FOR THE OPERATION OF A CABLE SYSTEM IN ST LOUIS PARK, ST LOUIS PARK MUNICIPAL CODE, PART 7 - CABLE TELEVISION: AMENDING SEC- TION 9 - 708(c) REGARDING THE LENGTH OF THE FRANCHISE Summary This ordinance amends the Cable Communications Franchise Ordinance for the operation of a Cable Television system in St Louis Park The amendment grants an extension of six (6) years to the present ten (10) year term in consideration 01 an early completion of Company's Upgrade Plan and additional technical improvements, features, facilities, equipment, reports and correspondence The new extended term will expire on February 27, 2005 The six (6) year extension was condi- tioned upon receipt of an independent engineenng report as provided for in Section 9 - 716 (4)(d), which was received April 15, 1996 Thirty six months before the February 27, 2005 expi- ration of the extended franchise term, City will begin the franchise ordinance review process City or Company shall not be precluded from conducting a needs assessment, requesting or submitting a proposal for renewal pnor to February27, 2002 Effective Date. This ordinance shall take effect twenty (20) days after adoption May 1, 1996 - Notice of public heanng May 20, 1996 - Public hearing by Council, first reading June 3, 1996 - Second reading scheduled June 23, 1996 - Ordinance effective date Adopted by the City Council JUNE 3, 1996 /s/ Gail Dorfman Mayor (The full text of this ordinance is available for inspec- tion with the Interim City Clerk) (June 12, 1996) A3/Ord 96-2066 TITLE Publisher une , 1996 Notry Public MEP:1:21. M. HEDBLOM NOThn'(PUBUC-MINNESOTA HENNEPIN COUNTY b'vCOnmissbnE res Jan 31,2000 wA"'xe r . �sx� .t4;s stem' RATE INFORMATION ) Lowest classified rate patd by commercial users for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter $ 2 15 per line $ 5 95 per line $ 1 09 per line