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•Obligate AT&T Broadband to provide dark fiber-optic lines to certain municipal locations denoted in the <br />franchise documents, at no cost to the City. As with the hybrid -fiber coaxial network, the dark fiber <br />infrastructure would be capable of carrying video, voice and data signals; <br />•Require AT&T Broadband to provide free cable drops and outlets and free basic cable service to <br />specified institutions; <br />•Require AT&T Broadband to pay to the City or its designee a quarterly franchise fee equal to 5% of <br />AT&T Broadband's gross revenues; <br />•Obligate AT&T Broadband to furnish a performance bond and letter of credit to the Commission. <br />Both the bond and the letter of credit would secure AT&T Broadband's performance and obligations <br />under the franchise documents; <br />•Establish a process by which the City and/or the Commission may make withdrawals from the letter of <br />credit and/or the performance bond in the event of a franchise violation or in the event amounts are owed to <br />the City and/or the Commission; <br />•Require AT&T Broadband to indemnify the City and the Commission for losses and <br />damages arising out of the construction, operation and repair of the cable system; <br />•Mandate that AT&T Broadband carry certain types and levels of insurance, and that the City and the <br />Commission be named additional insureds; <br />•Set forth the circumstances and procedures under which the City may revoke AT&T Broadband's <br />franchise; <br />•Place limitations on AT&T Broadband's ability to sell, transfer or assign its franchise to another entity; <br />•Prohibit discrimination by AT & T Broadband on the basis of color, religion, national origin, sex, age, <br />affectional preference, disability or status as to public assistance; and <br />*Impose requirements designed to protect subscriber privacy. <br />The motion for passage on second reading of the foregoing ordinance was made by Councilmember Carlson. <br />The motion was duly seconded by Councilmember Reinert. <br />Upon roll call vote, five Councilmembers voted aye. No members voted nay. The Ordinance passed <br />unanimously. Passed by the Lino Lakes City Council this 28th day of October, 2002. <br />Jo J. B rgeson, Mayor <br />ATTEST: <br />Ann Blair, City 1lerk <br />