HomeMy WebLinkAbout6130 - ADMIN Resolution - City Council - 1978/10/04OCTOBER 4, 1978
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RESOLUTION NO. 6130
A RESOLUTION APPROVING A CHANGE IN OWNERSHIP OF THE CATV
FRANCHISE GRANTED ON AUGUST 23, 1973, TRANSFERRED ON
AUGUST 18, 1975, WITH CONDITIONS; AUTHORIZING THE
EXECUTION OF A RELEASE OF JERROLD POLINSKY,
HOLDER OF SAID FRANCHISE
WHEREAS, the City Council, on August 23, 1973, granted the St. Louis
Park broadband telecommunications network franchise to Warner Cable
Corporation and Warner Cable Company of St. Louis Park by Ordinance No. 1236;
and
WHEREAS, by Resolution No. 5343, the City Council, on August 18, 1975,
authorized the release and transfer of said franchise to Jerrold Polinsky;
and
WHEREAS, following the transfer of said franchise to Polinsky, a decline
in public demand for CATV service resulted in the Council granting a mora-
torium on the construction of a broadband telecommunications system until
December 1, 1980; and
WHEREAS, Northern Cablevision, Inc., has attained an agreement with
Jerrold Polinsky to purchase his interest in said franchise and immediately
begin construction of the broadband telecommunications network within
St. Louis Park,and such transfer and purchase require approval of the City
Council; and
WHEREAS, representation of Northern Cablevision, Inc., has referenced
review of the St. Louis Park CATV franchise and expressed agreement to abide
by its terms, conditions and specifications; and
WHEREAS, the City Council has determined that it is desirable and to
the advantage of the citizens of St. Louis Park to grant a transfer of the
broadband telecommunications network franchise; therefore,
BE IT RESOLVED by the City Council that pursuant to the provisions of
the City Charter and Ordinance Code of the City of St. Louis Park, the City
approves the proposed transfer by Jerrold Polinsky to Northern Cablevision,
Inc., of a nonexclusive franchise for a broadband telecommunications network
in St. Louis Park. Approval of this transfer to Northern Cablevision, Inc.,
and execution of this release by the City is based upon the following
conditions:
1) The franchisee shall comply with all provisions of the St.
Louis Park CATV franchise as set forth in Sections 9-701
through 9-726 of the St. Louis Park Ordinance Code.
2) The franchisee shall comply with all rules and regulations of
the Federal Communications Commission, State of Minnesota and
any other governmental agency having jurisdiction over broad-
band telecommunication networks.
3) The franchisee shall comply with the system installation
schedule of the CATV'franchise as set forth in Section 9-713
of the Ordinance Code.
4) Acceptance by Northern Cablevision, Inc., and Polinsky of the
transfer and release respectively shall constitute an acknow-
ledgement that failure to comply with, and fully perform to,
the terms, conditions and standards of the franchise shall be
grounds for the revocation of the franchise at the option of
the City,and such revocation shall render all documentations,
work papers, studies and all other related work products the
property of the City.
5) Revenue derived from both base service and premium
channels shall be included in calculating the
5 percent franchise payment to the City.
6) Initial service shall commence 180 days after the
franchisee receives authorization from all necessary
utility companies to attach to their facilities, and
service shall be available City-wide 2.5 years after
that time.
BE IT FURTHER RESOLVED that the construction moratorium for the CATV
system imposed by the City Council on December 19, 1977, is hereby terminated,
and the Mayor and City Manager are authorized to execute on behalf of the City
a release of Jerrold Polinsky from all liability of any kind.
Adopted by the City Council October 4, 1978.
Revie ed for .d ini'stration:
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di''ty Tanager
ayolr
Approved as to form and legality:
C ty ttorney