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HomeMy WebLinkAbout1983-008 Council OrdinancesORDINANCE NO Og-83 • AN ORDINANCE GRANTING A FRANCHISE TO GROUP W CABLE OF THE NORTH CENTRAL SUBURBS TO OPERATE AND MAINTAIN A CABLE COMMUNICATIONS SYSTEM IN THE CITY OF LINO LAKES, MINNESOTA. The followiagis the official summary of the Ordinance Number 07-83 approved by the Council of the City of Lino Lakes on August 29, 1983. ORDINANCE SUMMARY Final Franchise City of Lino Lakes, Minnesota An ordinance, including addendum with exhibits, granting a franchise to Group W Cable of the North Central Suburbs, Inc., a Minnesota corporation (hereinafter "Group W'!) to operate and maintain a cable communications system in the City of Lino Lakes setting forth con- ditions accompanying the grant of franchise; providing for regulations and use of the system; and prescribing penalties for the violation of its provisions. STATEMENT OF INTENT AND PURPOSE;; FINDINGS. The City of Lino Lakes (hereinafter "City") adopts a cable television franchise to bring about the development of a cable television system and the continued operation of it to better facilitate the communications needs of residents of the City and to better utilize public services. The City Council found Group W's technical ability, financial con- dition, legal qualifications, and character to be appropriate to construct and operate a cable television system within City. ARTICLE I. SHORT TITLE AND DEFINITIONS The Ordinance shall be known and cited as the Cable Communications Ordinance. The definition section includes 23 terms which are defined for the purpose of the franchise. ARTICLE II. GRANT OF AUTHORITY AND GENERAL PROVISIONS SECTION I. GRANT OF FRANCHISE AND ACCEPTANCE The City grants to Group W Cable a non-exclusive franchise to be pro- perly executed and acknowledged by Group W and delivered to City. Group W shall deposit with City a non-refundable acceptance fee for the purpose of deferring the costs and expenses of development of the franchise. Security deposits, letters of credit, certificates of insurance, bonds, and organizational and creation documents of the company must be delivered to City. • • • • Ordinance No. 07-83 Page Two SECTION 2. AUTHORITY GRANTED. The City grants to Group W permission to use the streets for erecting, constructing, operating and maintaining the cable communications system. SECTION 3. AGREEMENT Group W agrees to be bound by all terms of the franchise and to pro- vide all services set forth in its proposal to City. SECTION 4. FRANCHISE TERM The franchise shall be for a 15 year term. SECTION 5. AREA ??he franchise is granted for the municipal boundaries of the entire City. SECTION 6. POLICE POWERS Group W's rights are subject to the pthlice powers of City. SECTION 7. USE OF GRANTEE FACILITIES The City has the right to install and maintain any fixtures it desires upon the poles and fixtures of Group W. SECTION 8. WRITTEN NOTICE All notices shall be delivered in writing to the offices of City and the local and New York offices of Group W. SECTION 9. RIGHTS OF INDIVIDUALS No signals shall be transmitted from the subscriber terminal except as required to provide service authorized by the franchise and the subscriber. Information from subscriber terminals may not be gathered or stored without the express written permission of the subscriber. The terms and conditions of the written authorization are included in this section. SECTION 10. CERTIFICATE OF CONFIRMATION. Group W must obtain a regular certificate of confirmation from the Minnesota State Cable Board. ARTICLE III. DESIGN OF SYSTEM SECTION 1. CHANNEL CAPACITY - SUBSCRIBER NETWORK A System capable of providing at least 56 downstream programmable channels shall be constructed pursuant to the conditions of the pro- posal of Group W. • • Ordinance No. 07-83 Page Three SECTION 2. PICTURE QUALITY AND TECHNICAL REQUIREMENTS Group W will be required to transmit an undistorted signal to the subscriber, and further to comply with all technical standardsL,6f their proposal and Federal Communications Commission requirements. SECTION 3. TWO-WAY CAPACITY Group W shall initially activate a two-way capable system. SECTION 4. FACILITIES Group W shall construct its facilities as set forth in its proposal to the City. SECTION 5. SPECIAL CHANNEL AND ACCESS REQUIREMENTS The System shall carry broadcast stations, an emergency override channel and 9 special access channels including public, educational, government. leased (2), regional, religious, library, and a North Central Regional access. The franchise details specific access rules which must be developed by Group W. SECTION 6. INSTITUTIONAL NETWORK. The System shall include a separate institutional network which will permit 38 separate television channels to be sent to each institution and 16 channels to be returned. SECTION 7. SERVICE TO PUBLIC BUILDINGS AND EDUCATIONAL INSTITUTIONS, Group W will provide institutional network services/to at least 69 institutions listed in Section 7 of the franchise. SECTION 8. INTERCONNECTION The System serving the cities of Blaine, Centerville, Circle Pines, Coon Rapids. Ham Lake, Lexington, Lino Lakes, and Spring Lake Park shall be completely interconnected. The System shall also be con- structed so that other systems now or herafter constructed in any area adjacent to the System may be interconnected. SECTION 9. REGIONAL CHANNEL. The standard VHF channel 6 is desi.g¢nated for uniform regional channel usage. ARTIVLE IV. SERVICES AND PROGRAMMING, SUBSCRIBER CONTRACTS, COMPLAINTS SECTION 1. SERVICES AND PROGRAMMING Programming shall be provided as specified in the proposal of Group W. Programming shall be added and deleted pursuant of the procedures of Section 1. • • • Ordinance No. 07-83 Page Four SECTION 2.INTERRUPTION OF SERVICE AND 'COMPLAINTS Sercive shall not be interrupted unless absolutely necessary. If service"is interrupted for more than 48 hours, subscriber shall be credited pro -rate for such interruption. An office shall_; be main tained in the area and shall be capable of receiving complaints and requests for repairs or adjustments at any time seven days a week. This section further details subscriber complaint procedures, ARTICLE V. CONSTRUCTION, INITIAL SERVICE AREA, LINE EXTENSION AND CONSTRUCTION STANDARDS. SECTION 1. INITIAL SERVICE AREA All areas containing dwelling units withing the area designated on the map appended to Form H of the Offering shall be constructed as the initial service area. SECTION 2. LINE EXTENSION POLICY Service shall be extended to those areas not in the initial service area pursuant to the formula of Section 2. SECTION 3. CONSTRUCTION TIMETABLE Group W shall construct all areas of the intitial service area which contain dwelling 'units by November 15, 1985. Delays in construction shall result in penalties provided by the franchise. SECTION 4. CONSTRUCTION STANDARDS Group W shall comply with all construction standards of the franchise as well as all applicable laws, ordinances, rules, regulations and codes, federal, state and local. SECTION 5. CONDITIONS ON USE Group W may not, in its construction of the System, interfere with any gas, electric or television fixture, water hydrant or main, or sewer line. Section 5 also provides porcedures for the raising and lowering of lines, trimming of trees, and the recognition of potential liability for persons damaging Group W facilities, ARTICLE VI. SYSTEM OPERATIONS SECTION 1. INFORMATION AVAILABILITY City shall have the right of reasonable access to Group W's records. SECTION 2. SERVICE CONTRACT. Group W shall receive approval from City of the form and content of the service contract to be used prior to entering into such service contracts with subscribers. SECTION 3. SUBSCRIBER PRACTICES • • Ordinance No. 07-83 Page Five There shall be no charge for disconnection of any installation or outlet. Section 3 also details Group W's right to disconnect for failure to pay the monthly subscriber fees. SECTION 4. FRANCHISE FEES, RATES, CHARGES, CHANGES, IN FEE AND PROCEDURE Throughout the term of the franchise, Group W shall pay to City an annual fee of 5% of all gross revenues. The rates provided in the franchise shall be guaranteed for 3 years after the franchise is certified by the Board or until two years after completion of con- struction in the initial service area, whichever is longer. Basic rates shall regulated pursuant totbe-terms and conditions of the franchise. Rates for premium services may be raised by Group W to the extent of the increase in the Consumer Price Index. Any increase in rates in excess of the Consumer Price Index must be justified to City pursuant to standards and procedures provided for in Section 4. The City retains the right to review the performance and technological upgrading of the System. Group W shall exercise its best efforts to maintain a modern, state-of-the-art System which is comparable to other operating cable television systems similarly situated. SECTION 5. FRANCHISE RENEWAL The franchise may be renewed at any time for a period of up to fifteen years or on a year to year basis at the discretion of the City. ARTICLE VII. (Reserved). ARTICLE VIII. INDEMNIFICATION, INSURANCE, LETTER OF CREDIT AND BOND. SECTION 1. GENERAL The City retains all rights of indemnification, insurance, letter of credit or bond as provided in the franchise. SECTION 2. INDEMNIFICATION AND INSURANCE Group W shall fully indemnify, defend and hold harmless, City and all of its officers, officials, agents, and employees from liability and judgements for damages in connection with: Damage to persons or pro- perty, any claim arising out of the franchise, Groups W•s failure to comply with previsions of the franchise, or any claim Group W may have against City. SECTION 3. INSURANCE. Group W shall maintain liability insurance for the entire term of the franchise for amounts as specified in the franchise and pursuant to the minimum requirements of this section. SECTION 4. LETTER OF CREDIT • • • Ordinance No. 07-83 Page Six Group W shall maintain an irrevocable and unconditional Letter of Credit. The Letter of Credit shall provide that funds be paid to the City upon demand by the City pursuant:: to the procedures and minimum requirements of this section. This section further provides minimum amounts for penalties such as failure .to construct the system and failure to comply with terms and conditions of the franchise. Said penalties may be assessed against Group W by the City and collected directly from the Letter of Credit. The Letter of Credit must be maintained pursuant to the procedures and requirements of this section. SECTION 5. BONDS. Group W must maintain with the City a bond conditioned upon the faith- ful performance by Group W of the franchise, and further conditioned upon the terms and requirements of this section. ARTICLE IX. DEFAULT SECTION 1. NOTICE AND DEFAULT. City shall notify Group W in writing of violations of the franchise. Group W shall have thirty days to cure such default, or be subject to the procedures of this section leading to termination of the franchise. SECTION 2. GROSS DEFAULT. If Group W is in default of any of the franchises of the Cities of Blaine, Centerville, Circle Pines, Coon Rapids, Ham Lake, Lexington, Lino Lakes, or Spring Lake Park, Minnesota, any one of those Cities may declare Group W in default of all eight franchises. ARTICLE X. FORECLOSURE, RECEIVERSHIP AND ABANDONMENT SECTION 1. FORECLOSURE. Upon the foreclosure or judicial sale of the System, the provisions of the franchise governing consent to transfer or change in ownership shall apply. SECTION 2. REMOVAL AFTER TERMINATION OR REVOCATION. The City shall have the right to require Group W to remove, at Group W's expense, all or any portion of the System within City upon the revocation or termination of the franchise pursuant to the terms and procedures of this section. SECTION 3. WORK PERFORMED BY OTHERS. Group W must inform the City of the names and addresses of any entity other than Group W which shall perform services pursuant to the franchise. All provisions of the Franchise shall apply to any entity performing services pursuant to the Franchise. • • • Ordinance No. -07-83 Page Seven SECTION 4. GENERAL PROVISION ON RIGHTS AND REMEDIES. All remedies and rights given to City by the franchise are in addition to any other rights which City might otherwise have regarding the System or Group W. The exercise of any right or remedy by City shall not release Group W from its obligations under the Franchise. SECTION 5. APPLICABLE LAWS AND COURT DECISIONS: SEVERABLILITY. The franchise must at all times be in compliance with the rules of the Minnesota State Cable Board and all laws, ordinances and re- gulations of federal, state and city government relating to the cable television system and the franchise. If any provision of this franchise is declared invalid or void, that section may be severed from the franchise with the remaining sections in full force and effect. If the City determines that a provision of the franchise is affected by law, ordinance, or regulation, City shall have the right to amend, modify, alter or repeal any provisions of the franchise to such reasonable extent as necessary to carry out the intended purposes of the franchise. SECTION 6. GRANTEE ACKNOWLEDGMENT OF VALIDITY OF FRANCHISE. Group W acknowledges that it has reviewed the franchise and that under current law Group W believes: that the franchise is not unreasonable or arbitrary. ARTICLE XIII. ADMINISTRATION AND ADVISORY BODY. SECTION 2. ADMINISTRATOR The City Administrator or the City,s designee shall be responsible for the administration of the franchise. SECTION 2. ADVISORY BODY. The City may appoint an advisory body to monitor performance of Group W in executing the provisions of the franchise. SECTION 3. DELEGATION OF AUTHORITY BY CITY. The City may delegate at any time its rights or obligations under the franchise to any body or organization. ARTICLE XIV. JOINT SYSTEM, ACCEPTANCE, INCORPORATION OF OFFERING, EXHIBITS, PUBLICATION. SECTION 1. OTHER FRANCHISES. This section acknowledges that the System is intended to be part of a joint system which serves the cities of Blaine, Centerville, Circle Pines, Coon Rapies, Ham Lake, Lexington, Lino Lakes and Spring Lake Park, Minnesota, and that Group W shall comply with all eight franchises of the above mentioned cities. • • • Ordinance No. 07-83 Page Eight SECTION 2. TIME OF ACCEPTANCE: GUARANTEE: INCORPORATION OF OFFERING: EXHIBITS. Group W shall accept the franchise pursuant to the procedures in- cluded in this section. The proposal of Group W to the eight cities shall be incorporated by reference into the franchise. Summaries of the proposal shall be available in the office of the City Clerk, City Administrator, the public libraries, City Attorney, County Law Library, the local office of Group W, the office of any school district in the City, and the Minnesota Cable Communications Board. The exhibits to the franchise are: Exhibit A - Group W schedule of rates; Exhibit B - Offering of Group W; Exhibit C - Group W letter to the North Central Suburban Cable Commission dated February, 1983 A printed copy of the Ordinance is available for inspection by any person at the office of the City Clerk. Passed by the Council of the City of Lino Lakes this 67 — day of /1-1144.242, 1983- L. Edna L. Sarner, City Clerk • ORDINANCE 83-08 CIRDINANCE SUVMARY Final Franchise City of Lino Lakes, Minnesota An ordinance, including addendum with exhibits, granting a franchise to Group W Cable of the North Central Suburbs, Inc., a Minnesota corporation (hereinafter "Group W") to operate and maintain a cable communications system in the city of Lino Lakes setting forth conditions accompanying the grant of franchise; providing for regulation and use of the system; and prescribing penalties for the violation of its provisions. STATEMENT OF INIEW AND PURPOSE; FINDINGS. The city of Lino Lakes (hereinafter "City") adopts a cable television franchise to bring about the development of a cable television system and the continued operation of it to better facilitate the communications needs of resi- dents of the City and to better utilize and improve public services. The City Council found Group W's technical ability, financial condition, legal qualifica- tions, and character to be appropriate to construct and operate a cable televi- sion system within City. ARTICLE I. SHORT TITLE AND tEFINITICNS The Ordinance shall be known and cited as the Cable Communications Ordinance. The definition section includes 23 terms which are defined for the purpose of the franchise. ARTICLE II. (RANT OF AUIIORITY AND GENERAL PROVISIONS SECTION 1. (RANT OF FRANCHISE AND ACCEPTANCE The City grants to Group W Cable a non-exclusive franchise to be pro- perly executed and acknowledged by Group W and delivered to City. Group W shall deposit with City a non-refundable acceptance fee for the purpose of deferring the costs and expenses of development of the franchise. Security deposits, let- ters of credit, certificates of insurance, bonds, and organizational and creation documents of the company must be delivered to City. SECTION 2. AUNEIRITY (RANTED The City grants to Group W permission to use the streets for erecting, constructing, operating and maintaining the cable communications system. SECTION 3. AGREEMENT Group W agrees to be bound by all terms of the franchise and to pro- vide all services set forth in its proposal to City. • SECTION 4. FRANCHISE TERM The franchise shall be for a 15 year term. SECTION 5. AREA The franchise is granted for the municipal boundaries of the entire City. SECTION 6. POLICE POWERS Group W's rights are subject to the police powers of the City. SECTION 7. TEE CF GRANTEE FACILITIES The City has the right to install and maintain any fixtures it desires upon the poles and fixtures of Group W. SECTION 8. %%RITFFN NOTICE All notices shall be delivered in writing to the offices of City and the local and New York offices of Group W. SECTION 9. RIMS CF INDIVIDUALS No signals shall be transmitted frau the subscriber terminal except as required to provide service authorized by the franchise and the subscriber. Information frau subscriber terminals may not be gathered or stored without the express written permission of the subscriber. The terms and conditions of the written authorization are included in this section. SECTION 10. CERTIFICATE OF CONFIRMATION Group W rust obtain a regular certificate of confirmation frau the Minnesota State Cable Board. ARTICLE III. DESIGN OF SYSTEM SECTION 1. CHAD. CAPACITY - SIBSCRIBER NETWORK A System capable of providing at least 56 downstream programmable channels shall be constructed pursuant to the conditions of the proposal of Group W. SECTION 2. PICTURE QUALITY AND TICAL REQUIREMENTS TS Group W will be required to transmit an undistorted signal to the -2- • 1 • subscriber, and further to comply with all technical standards of their proposal and Federal Communications Connission requirements. SECTION 3. 1140-1111Y CAPACITY Group W shall initially activate a two-way capable system. SECTION 4. FACILITIES Group W shall construct its facilities as set forth in its proposal to the City. SECTION 5. SPECIAL CHANNEL AND ACCESS REQUIRENENTS The System shall carry broadcast stations, an emergency override chan- nel and 9 special access channels including public, educational, government, leased (2), regional, religious, library, and a North Central Regional access. The franchise details specific access rules which mist be developed by Group W. SECTION 6. INSTITUTIONAL NEMORK The System shall include a separate institutional network which will permit 38 separate television channels to be sent to each institution and 16 channels to be returned. SECTION 7. SERVICE TD PUBLIC BUILDINGS AND EDUCNTIONAL INSTITUTIONS Group W will provide institutional network service to at least 69 institutions listed in Section 7 of the franchise. SECTION 8. INTERCENECTION The System serving the cities of Blaine, Centerville, Circle Pines, Coon Rapids, Ham Lake, Lexington, Lino Lakes, and Spring Lake Park shall be completely interconnected. The System shall also be constructed so that other systems now or hereafter constructed in any area adjacent to the Systemmay be interconnected. SECTION 9. REGIONAL CHANNEL The standard VHF channel 6 is designated for uniform regional channel usage. ARTICLF. IV. SERVICES AND PRO3RAMVIING, SUBSCRIBER OCNTRACTS , 03VPLAINTS SECTION 1. SERVICES AND PROGRAMING Programming shall be provided as specified in the proposal of Group W. Programming shall be added and deleted pursuant to the procedures of Section 1. -3- • • SECTION 2. INTERBUPTIONCF SERVICE AND COMPLAINTS Service shall not be interrupted unless absolutely necessary. If ser- vice is interrupted for more than 48 hours, subscriber shall be credited pro - rata for such interruption. An office shall be maintained in the area and shall be capable of receiving complaints and requests for repairs or adjustments at any time seven days per week. This section further details subscriber complaint procedures. ARTICLE V. OCNSIELLTICN, INITIAL SERVICE AREA, LINE EXIENSICN AND CCNSTRUCTICN STANCARIDS SECTION 1. INITIAL SERVICE AREA All areas containing dwelling units within the area designated on the rrup appended to ForrnH of the Offering shall be constructed as the initial ser- vice area. SECTION 2. LINE EYTENSION POLICY Service shall be extended to those areas not in the initial service area pursuant to the formula of Section 2. SECTION 3. CONSTRUCTI124 TIMETABLE Group W shall construct all areas of the initial service area which contain dwelling units by November 15, 1985. Delays in construction shall result in penalties provided by the franchise. SECTION 4. CONSTRUCTION STANDARDS Group W shall comply with all construction standards of the franchise as well as all applicable laws, ordinances, rules, regulations and codes, federal, state and local. SECTION 5. CONDITIONS CN LSE Group Wmay not, in its construction of the System, interfere with any gas, electric or television fixture, water hydrant or main, or sewer line. Section 5 also provides procedures for the raising and lowering of lines, trimming of trees, and the recognition of potential liability for persons damaging Group W facilities. ARTICLE VI. MIEN' OPERATIONS SECTION 1. INFRWIIT AVAILABILITY City shall have the right of reasonable access to Group W's records. SECTION 2. SERVICE CONTRACT Group W shall receive approval from City of the form and content of the service contract to be used prior to entering into such service contracts with subscribers. -4- SECTION 3. SUBSCRIBER PRACTICES There shall be no charge for disconnection of any installation or outlet. Section 3 also details Group W's right to disconnect for failure to pay the monthly subscriber fees. SECTION 4. FRANCHISE FEES, RATES, CHARGES, CHANCES IN FEES AND PIIS Throughout the term of the franchise, Group W shall pay to City an annual fee of 5% of all gross revenues. The rates provided in the franchise shall be guaranteed for 3 years after the franchise is certified by the Board or until two years after completion of construction in the initial service area, whichever is longer. Basic rates shall be regulated pursuant to the terms and conditions of the franchise. Rates for premium services may be raised by Group W to the extent of the increase in the Consumer Price Index. Any increase in rates in excess of the Consumer Price Index must be justified to City pursuant to standards and procedures provided for in Section 4. The City retains the right to review the performance and technological upgrading of the System. Group W shall exercise its best efforts to maintain a modern, state-of-the-art Systemwhich is comparable to other operating cable television systems similarly situtated. SECTION 5. FRANCHISE RENEWAL The franchise may be renewed at any time for a period of up to fifteen years or on a year to year basis at the discretion of the City. ARTICLE VII. (Reserved) ARTICLE VIII. INtEiNIFICATICN, INSURANCE, LETTER. CIF CREDIT AND BOND SECTION 1. GENERAL The City retains all rights of indemnification, insurance, letter of credit or bond as provided in the franchise. -5- • • SECTION 2. INIENNIFICATICN AND INSURANCE Group W shall fully indemnify, defend and hold harmless, City and all of its officers, officials, agents, and employees fran liability and judgments for damages in connection with: Damage to persons or property, any claim arising out of the franchise, Group W's failure to canply with provisions of the franchise, or any claim Group Wffay have against City. SECTION 3. INSURANCE Group W shall maintain liability insurance for the entire term of the franchise for amounts as specified in the franchise and pursuant to the minimum requirements of this section. SECTION 4. LETTER OF CREDIT Group W shall maintain an irrevocable and unconditional Letter of Credit. The Letter of Credit shall provide that funds be paid to the City upon demand by the City pursuant to the procedures and minimum requirements of this section. This section further provides mininun amounts for penalties such as failure to construct the system and failure to canply with terms and conditions of the franchise. Said penalties may be assessed against Group W by the City and collected directly from the Letter of Credit. The Letter of Credit must be maintained pursuant to the procedures and requirements of this section. SECTION 5. BCNES Group W must maintain with the City a bond conditioned upon the faith- ful performance by Group W of the franchise, and further conditioned upon the terms and requirements of this section. ARTICLE IX. DEFAULT SECTION 1. NUFICE AND DEFAULT City shall notify Group W in writing of violations of the franchise. Group W shall have thirty days to cure such default, or be subject to the proce- dures of this section leading to termination of the franchise. SECTION 2. CROSS DEFAULT If Group W is in default of any of the franchises of the cities of Blaine, Centerville, Circle Pines, Coon Rapids, HamLake, Lexington, Lino Lakes, or Spring Lake Park, Minnesota, any one of those cities may declare Group W in default of all eight franchises. ARTICLE X. FORECLOSURE, RECEIVERSHIP AND ABANDONMENT SECTION 1. FORECLOSURE Upon the foreclosure or judicial sale of the System, the provisions of the franchise governing consent to transfer or change in ownership shall apply. -6- SECTION 2. R'ECEIVERSIIP City shall have the right to cancel the franchise 120 days after the appointment of a receiver or trustee. SECTION 3. ABAN D NN NF Group W may not abandon any portion of the System without having given not less than three months prior notice to City and Minnesota Cable Cammunications Board. Any such abandonment may be deemed a cause for ter- mination of the franchise. ARTICT.F, XI. PLRCHASE CF SYSTEM SECTION 1. CSL The Section provides for the City's right to purchase a system, either pursuant to the terms and conditions of a bona fide purchase offer which Group W is willing to accept regarding the system, or in the event of forfeiture, revo- cation or termination of the franchise. SECTION 2. PROCEEURES The procedures for the City's election to exercise its rights to purchase the System are contained in this section. The procedure provides for City's right to accept the terns of a pending purchase offer, or the appointment of an arbitration panel to establish the terms and conditions of the purchase of the system. CIF XII. MISCELLANEOUS SECTION 1. TRANSFER CF CJ HIP CR CONTROL Ownership in the system may not be transferred without the prior writ- ten consent of the City. The procedures for notifying the City of the transfer of ownership, and City evaluation of said transfer, are provided 'for in this section. SECTION 2. RFMWAL AFTER TERMINATION CR REVOCATION The City shall have the right to require Group W to remove, at Group W's expense, all or any portion of the System within City upon the revocation or termination of the franchise pursuant to the terns and procedures of this sec- tion. SECTION 3. WORK PERKRNED BY CHEERS Group W oust inform the City of the names and addresses of any entity other than Group W which shall perform services pursuant to the franchise. All provisions of the Franchise shall apply to any entity performing services pur- suant to the Franchise. -7- • SECTICK 4. CSL PRONISICN CN RIGHTS AND RThEDIES All renedies and rights given to City by the franchise are in addition to any other rights which City might otherwise have regarding the System or Group W. The exercise of any right or remedy by City shall not release Group W from its obligations under the Franchise. SECTION 5. APPLICABLE LAYS AND CURT L ISICNS: SEVERABILITY The franchise must at all times be in compliance with the rules of the Minnesota State Cable Board and all laws, ordinances and regulations of federal, state and city government relating to the cable television system and the franchise. If any provision of this franchise is declared invalid or void, that section may be severed frau the franchise with the remaining sections in full force and effect. If the City determines that a provision of the franchise is affected by law, ordinance or regulation, City shall have the right to amend, modify alter or repeal any provisions of the franchise to such reasonable extent as necessary to carry out the intended purposes of the franchise. SECTION 6. GRANTEE ACENCIALECOVENT CE VALIDITY OF FRANCHIISE Group W acknowledges that it has reviewed the franchise and that under current law Group W believes that the franchise is not unreasonable or arbitrary. ARTICLE XIII. AEMINISTRATICN AND ADVISORY BODY • SECTION 1. AIIVIINISTRA'lCR The City Administrator or the City's designee shall be responsible for the administration of the franchise. SECTION 2. ADVISCfftY BODY The City may appoint an advisory body to monitor performance of Group W in executing the provisions of the franchise. SECTION 3. LELECATICN OF AUTIIRITY BY CITY The City may delegate at any time its rights or obligations under the franchise to any body or organization. ARTICLE XIV. JOINT SYSTEM, ACCEPTANCE, INCGiPCRATICN CF OFFERING, EXHIBITS, PLBLICATICN SECTION 1. OTHER FRANCHISES This Section acknowledges that the System is intended to be part of a joint system which serves the cities of Blaine, Centerville, Circle Pines, Coon Rapids, Ham Lake, Lexington, Lino Lakes, and Spring Lake Park, Minnesota, and that Group W shall comply with all eight franchises of the above mentioned cities. -8- SECTION 2 . TINE CP ACCEPTANCE; GUARANTEE; INC I PcRATICN CE OFFERING; EXHIBITS Group W shall accept the franchise pursuant to the procedures included in this section. The proposal of Group W to the eight cities shall be incor- porated by reference into the franchise. Summaries of the proposal shall be available in the office of the City Clerk, City Adninistrator, the public libraries, City Attorney, County Law Library, the local office of Group W, the office of any school district in the City, and the Minnesota Cable Cotmtunications Board. The exhibits to the franchise are: Exhibit A - Group W schedule of rates; Exhibit B - Offering of Group W; Exhibit C - Group W letter to the North Central Suburban Cable Commission dated February, 1983. The ordinance was passed and adopted the day of exu;a, , 1983. • PUBLIC HEARING The Lino Lakes City Council will hold a Public Hearing, Monday, August 29, 1983, at 7:00 P.M., in the Council Chambers, 1189 Main Street, Lino Lakes, MN, for the purpose of considering an Ordinance approving a Franchise to Group W for the installation of Cable TV within the City of Lino Lakes. All persons, for or against, will be heard at that time. c„:„I7. Edna L. Sarner, CMC City of Lino Lakes •