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Home My WebLink About1985-011 Council Ordinances• • ORDINANCE SUMMARY ORDINANCE NO. 11 - 85 CITY OF LINO LAKES AN ORDINANCE AMENDING THE LINO LAKES CITY CODE, APPENDIX I REGARDING THE FRANCHISE AGREEMENT BETWEEN THE CITY OF LINO LAKES AND GROUP W CABLE OF THE NORTH CENTRAL SUBURBS, INC. 1. Article VI. SYSTEMS OPERATIONS Section 4. Franchise Fees, Rates, Charges, Changes in fees and procedures The rate freeze specified in Article VI, Section 4. C. (2) of the Franchise Agreement is amended to provide that until January 1, 1987, the maximum service rate for Tier I and Tier II service shall be the specified rate of Group W as included in Amended Exhibit A to the Franchise Agreement. 2. Amended Exhibit A - Rates Group W's Schedule of Rates and Services as set forth in Exhibit A to the Franchise Agreement is amended in its entirety to pro- vide for the rates and services as set forth in Attachment II of Amendment Agreement No. 1. 3. Article III. Design of System Section 6. Institutional Network and Section 7. Services to Public Buildings and Educational Institutions Article III, Sections 6 and 7 are amended to require Group W to provide a separate institutional cable communications network in full compliance with the offering as amended. Group W will provide institutional network service to public buildings and educational institutions in accordance with the category desig- nations as set forth in the Offering, as amended. These amendments shall take effect and be enforced after their passage and official publication. 66 The amendments were passed and adopted the 94- of 1986. i1 • Mari yn G. Anderson, Clerk -Treasurer • ORDINANCE SUMMARY, ORDINANCE NO. 11 - 85 CITY OF LINO LAKES AN ORDINANCE AMENDING THE LINO LAKES CITY CODE, APPENDIX I REGARDING THE FRANCHISE AGREEMENT BETWEEN THE CITY OF LINO LAKES AND GROUP W CABLE OF THE NORTH CENTRAL SUBURBS, INC. The Council of the City of Lino Lakes does ordain: 1. Article VI. SYSTEMS OPERATIONS Section 4. Franchise Fees, Rates. Charges. Changes in fees and procedures The rate freeze specified in Article VI, Section 4. C. (2) of the Franchise Agreement is amended to provide that until January 1, 1987, the maximum service rate for Tier I and Tier II service shall be the specified rate of Group W as included in Amended Exhibit A to the Franchise Agreement. 2. Amended Exhibit A — Rates Group W's Schedule of Rates and Services as set forth in Exhibit A to the Franchise Agreement is amended in its entirety to pro- vide for the rates and services as set forth in Attachment II of Amendment Agreement No. 1. 3. Article III. Design of System Section 6. Institutional Network and Section 7. Services to Public Buildings and Educational Institutions Article III, Sections 6 and 7 are amended to require Group W to provide a separate institutional cable communications network in full compliance with the offering as amended. Group W will provide institutional network service to public buildings and educational institutions in accordance with the category desig- nations as set forth in the Offering, as amended. These amendments shall take effect and be enforced after their passage and official publication. The amendments were passed and adopted the day of 198. %' MINNEAPOLIS PATRICK J. O•COMNOR JOE A. WALTERS THOMAS A KELLER 111 MICHAEL C. MCGUIRE ROBERT J. CHRISTIANSON, JR. JAMES R. DORSEY ANDREW J. 514E4 WILLIAM R. MCGRANN DENT OUGLAS 14 CARNIVAL JAMES A. RUBENSTEIN THOMAS R. SMERAN JOHN A. ROBERT A BRTTUNNIG R. WILLIAM C. FLYNN DONALD 5 ARBOUR 4414E5 P. O'MEAR4 DOUGLAS J. FRANZEN WILLIAM 0. NULL ONLAID W. KELLEY 040M45 0. CREIGHTON NICK NAT ROBERT 0. STRAUGHN LAWRENCE A. B. MOLONEY DAVID KANTOR THEODORE K. FURBER LNMRENCE E. MEUWISSEN RICHARD L. EVANS KEVIN M. BUSCH VIRGINIA 14 LORD JULE M. MANNAFORD IV LAUREN R. LONEROAN DANIEL L. WILES MICHAEL .1 GRIMES MARGARET M. WN WLKENBURG MARK J. AYOTTE ROBERT B JASKOWIAK DEBRA G STREHLOW COREY J. 4711140 STEVEN J DZURAK J. R. TOREN OF COUNSEL FREDERICK W. THOMAS WILLIAM C. KELLY 11918-19701 DIRECT DIAL NUMBER (612) 343-1298 • TO: O'CONNOR & HANNAN ATTORNEYS AT LAW 3800 IDS CENTER 80 SOUTH EIGHTH STREET MINNEAPOLIS, MINNESOTA 55402-2254 16121 341-3800 TELEX 29-0584 TELECOPIER 16121 343-1256 DENVER OFFICE SUITE 4700 ONE UNITED BANK CENTER 1700 LINCOLN STREET DENVER CO 80203-4547 13031 8 0.1700 OF COLWELL DAVID BURLINGAME• WILLIAM R. FISHMAN• WASMINBTON, D. C. OFFICE MADRID OFFICE SUITE SOO VELAZOUEZ, 2) 1910 PENNSYLVANIA MENUS N.W. MADRID 1, SPAIN WASHINGTON, D. C. 20006-3453 43-31-00 12021 887-1400 TELEX 23543 OF COUNSEL LOCAL COUNSEL WILLIAM T. HANNAN 11911-19851 FRANK J. WIRGA• JOHN J. FLYNN DAVID C. TREEN• WILLIAM E. CROTTY• MEMORANDUM WABMINBTON PATRICK J. 0•CONNOR EDWARD W. BROOKE• M. ROBERT MALPER• JOSEPH C. DILLON THOMAS M. OUINN• DAVID R. MELINCOFF• RICHARD O. MORGAN MYLES J. AMBROSE• MOPE S. FOSTER. THOMAS R. JOLLY* PARRY J. CUTLER. PETER C. KISSEL• PATRICK E. O'DONNELL• JOSEPH M. BLATCHFORO• JOHN P. MEADS• JAMES J. KILES IH• MICHAEL E. WYE* CHARLES W. GARRISON HI* CHRISTINA W. FLOM. DENVER MARTIN M. BERLINER• ARNOLD R. KAPLAN• TERENCE P BOYLE• ROBERT WIEGAN° II• NOLA 5. DIAL. F. GORDON LEE• CHRISTOPHER D. COURSEN• TIMOTHY M. HAKE• MICHAEL J. FERRELL• GEORGE J. MANNINA, JR! GILBERT E. HARDY. JOHN J MCDERNOTT• CHARNEY REOENSTEIN• PETER M. KAZON• EMILY R PARADISE. ANDREW A. JAXA-DEBICKI• RACHEL DEMARCUS• J. TIMOTHY O'NEILL• TIMOTHY W JENKINS• GARY C. ADLER• CONSULTANT MARY SCOTT GUEST. DAVID A ZISSER• LARRY D. GALLEGOS• J4NE5 A. NATIONS. DIANE SLIESZNER• •NOT MEMBER OF MINNESOTA BAR City Administrators, City Managers, and City Clerks of the North Central Suburban Cable Communications Commission FROM: Thomas D. Creighton, Legal Counsel DATE: May 23, 1986 c-- ,--1 RE: Executed Amendment Agreement No. 1 Please find enclosed a duly executed copy of Amendment Agreement No. 1 for your City. Group W executed the Agreement on May 21, 1986. I am returning the signed copy to you for your permanent records. Thank you for your cooperation in this matter. If you should have any questions, please feel free to contact me. MJA:TDC:abg • ATTACHMENT A NORTH CENTRAL SUBURBAN CABLE COMMUNICATIONS COMMISSION CABLE COMMUNICATIONS ORDINANCE AMENDMENT AGREEMENT NO. 1 City of Lino Lakes THIS AGREEMENT, made and entered into this _24th day of February , 1986, by and between the City of Lino Lakes, a municipal corporation of the State of Minnesota (hereinafter called "City" or "Grantor"), and Group W Cable of the North Central Suburbs, Inc., a Minnesota corporation (hereinafter "Grantee"). The Grantor and Grantee hereinafter may collectively be referred to as "Parties". WITNESSETH: WHEREAS, pursuant to City Code, Appendix I, the Grantor has granted and the Grantee has accepted a non-exclusive revo- cable Franchise to operate, construct, maintain and reconstruct a cable television system within the City ("Franchise Agreement"); and WHEREAS, the Parties desire to modify and clarify certain provisions contained in the Franchise Agreement; NOW, THEREFORE, in consideration of the mutual covenant§ contained herein the Parties agree as follows: 1. Rate Freeze -- The rate freeze specified in Article VI, Section 4.C.(2) of the Franchise Agreement is hereby modified as specified in Attachment I to this Agreement to provide that until January 1, 1987, the maximum service rate for Tier I and Tier II service shall be the specified rate of Grantee as included in Amended Exhibit A to the Franchise Agreement. 2. Rate Regulation and Services -- Grantee's Schedule of Rates and Services as set forth in Exhibit A to the Franchise Agreement is amended in its entirety as set forth in Attach- ment II to this Agreement. 3. Institutional Network and Service to Public Building and Educational Institutions -- Grantee shall provide a separate institutional cable communications network in full compliance with the Offering as amended. Grantee shall provide institu- tional network service to public buildings and educational institutions in accordance with the category designations in full compliance with the Offering, as amended, as specified in Attachment III to this Agreement. 4. Reimbursement to Commission --Within thirty (30) days after the effective date of this Amendment Agreement No. 1, Grantee shall pay the North Central Suburban Cable Communications Commission for all costs incurred in the renegotiation of the Franchise Agree- ment, said payment shall not be construed as an advance on past or future franchise fees. 5. Survival of Other Terms of the Franchise Agreement and of Offering --A11 other provisions con- tained in the Franchise Agreement and Offering shall remain in full force and effect, unless specifically modified by this Agreement or subsequent amendment of said Franchise Agreement by City. 6. Absence of Admissions --The Parties agree that nothing contained herein shall be deemed an admission by either Party that it has either failed to perform any obligations under the Franchise Agreement or breached that Franchise Agreement in any manner. 7. Governing Law --This Agreement shall be con- strued and interpreted in accordance with the Laws of the State of Minnesota. 8. Authority of the Commission --Nothing in this Agreement shall modify the responsibility and authority previously delegated by the City to the Commission. 9. Acknowledgement --Grantee acknowledges that it has had an opportunity to review the terms and condi- tions set forth above in this Agreement and that under current law Grantee believes that said terms and condi- tions are not unreasonable or arbitrary, that Grantee believes that the City and Grantee have the authority to enter into this Agreement and that Grantee and City agree to comply with all terms of this Agreement and that Grantee and City agree that they will not challenge the terms and conditions set forth above in this Agree- ment. 10. Effective Date --This Agreement shall become effective upon the last effective date of the above mentioned ordinance amendments in all member cities of the North Central Suburban Cable Communications Com- mission and upon its acceptance by the Grantee within sixty (60) days of the last effective date of said ordi- nance amendments. 4i • • IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the date and year first above writ- ten. ATTEST: V\Nsle',A,4 ATTEST: CITY OF LINO LAKES A Municipal Corporation AND GROUP W CABLE OF THE NORTH CENTRAL SUBURBS, INC. A Minnesota Corporation DATED: President