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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. -2- a 1 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: �� �d Its 1 A,f.1 o✓P/ in conflict its passage 1988. By Cvw� Cao-4-4,e1,t_./ Tts