HomeMy WebLinkAbout1988-067 Council Resolutiont
RESOLUTION NO. 67 - 88
RESOLUTION
A RESOLUTION GRANTING
A CABLE COMMUNICATIONS SYSTEM
EXTENSION PERMIT TO
GROUP W CABLE OF RAMSEY /WASHINGTON, INC.
d /b /a CABLE TV NORTH CENTRAL
WHEREAS, the City of Lino Lakes (hereinafter "City ") has
awarded a cable communications franchise to Group W Cable of
North Central Suburbs, Inc. for the purposes of constructing,
operating and maintaining a cable communications system within
the City; and
WHEREAS, the City desires that cable communications service
be made available to certain residences within the City in an
area known as "West Oaks" which would not otherwise receive
service under the terms of the City's existing cable communica-
tions franchise; and
WHEREAS, Group W Cable of Ramsey /Washington, Inc. d /b /a
Cable TV North Central (hereinafter "Company ") has offered to
extend service to these residences which are not within the
boundaries of its core service unit; and
WHEREAS, Minnesota Statutes, Chapter 238.17, allows a cable
communications system to extend or provide service outside of
the boundaries of a core service unit if the cable communications
system obtains an extension permit issued by the municipality
which has jurisdiction over the extension area; and,
WHEREAS, the City has considered this extension permit
at a regular meeting of the governing body and has afforded
the public reasonable notice and reasonable opportunity to be
heard and the process has, in all respects, complied with appli-
cable law;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of
the City of Lino Lakes as follows:
1. That there be, and hereby is granted to Group W Cable
of Ramsey /Washington, Inc. d /b /a Cable TV North Central,
a Minnesota Company, its successors and assignees,
a cable communications system extension permit. The
extension permit hereby grants the right and privilege
of erecting, enlarging, operating, repairing and maintaining
in, on, under, across and along public streets, alleys,
right -of -ways and public grounds of the City, including
subsequent additions thereto, transmission lines or
cables, including all necessary, usual or convenient
poles, pole lines, wires, and all other fixtures and
appurtenances, usual and convenient for use in connection
therewith, in the operation of a system for the purpose
of receiving, transmitting and distribution and furnishing
television and radio impulses or signals for public
and private use in and to the area of said City known
as West Oaks. Company shall comply with City's procedures
for the obtaining of permits for all such construction
plans.
2. The Company shall fully connect any residential areas
receiving cable service under the terms of this exten-
sion permit to the system operated by Group W Cable
of the North Central Suburbs within one hundred twenty
(120) days of a determination by Company that such
residences meet the density requirement for line exten-
sion under the terms of the franchise granted by City
to Group W Cable of the North Central Suburbs.
3. The Company shall inform potential subscribers in
residential areas to be served under the extension
permit that they will receive the educational access
channel provided in the Ramsey /Washington franchise
area and that they will not receive the government
access channel(s) or the public access channel(s)
provided by Group W Cable of the North Central Suburbs.
4. The Company and City herein agree, to the extent appli-
cable, to abide by those terms of the cable communica-
tions franchise ordinance of the Ramsey /Washington
Counties Suburban Cable Communications Commission
as they may be amended, which pertain to systemwide
channel capacity, standards for system installation,
maintenance and operation, indemnification of franchisor,
rights of individuals, subscriber contracts, practices
and privacy, liability insurance, abandonment of service,
information availability, removal of equipment and
termination or cancellation of franchise.
5. The Company and City herein agree that all remaining
provisions of the cable communications franchise ordi-
nance and agreement of the Ramsey /Washington Counties
Suburban Cable Communications Commission as they may
be amended, are not applicable.
6. The Company shall pay to the City on an annual basis
any franchise fees, calculated as five percent (5 %)
of gross revenues derived from the extension area.
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7. The Company is hereby authorized to collect from its
subscribers any governmentally imposed tax, copyright
fee or royalty, provided said monies are also collected
from all other subscribers of the Ramsey /Washington
area.
8. Prior to implementing any increase in rates for cable
programming service, the Company shall provide thirty
(30) days written notice to City. The rates for West
Oaks subscribers shall be the same rates charged simi-
larly situated subscribers of the Ramsey /Washington
area.
9. A schedule of rates currently in effect is attached
and included as part of this extension permit.
. The expiration date of the extension permit herein
shall be coincident with that of the cable communi-
cations franchise awarded to the Company by the Ramsey/
Washington Counties Suburban Cable Communications
Commission provided that a change in the expiration
date of the franchise of the Ramsey /Washington Counties
Suburban Cable Communications Commission by way of
renewal or amendment of said franchise, shall automat-
ically apply to the extension permit herein, provided
that this permit shall expire earlier should service
become available to the West Oaks area from Group
W Cable of the North Central Suburbs.
11. All ordinances and parts of ordinances
herewith are hereby preempted.
12. The Resolution shall be effective upon
and publication in accordance with law.
PASSED AND ADOPTED THIS o20a)k DAY OF
ATTEST:
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its passage
1988.
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