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HomeMy WebLinkAbout1990-027 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 27 - 90 A RESOLUTION GRANTING A CABLE COMMUNICATIONS SYSTEM EXTENSION PERMIT TO CABLE TV NORTH CENTRAL OF RAMSEY/WASHINGTON, WHEREAS, the City of Lino Lakes (hereinafter "City") has awarded a cable communications franchise to Cable TV North Central, 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 a area around Otter Lake Road which would not otherwise receive service under the terms of the City's existing cable communications franchise; and WHEREAS, 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 applicable 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 the 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 Otter Lake Road. Company shall comply with City's procedures for the obtaining of permits for all such construction plans. 2. The Company shall fully connect and residential areas receiving cable service under the terms of this extension permit to the system operated by Cable TV North Central within one hundred twenty (120) days of a determination by the Company that such residences meet the density requirement for line extension under the terms of the franchise granted by City to the Company. 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 or the public access channel provided by the Company of the North Central Suburbs. 4. The Company and City herein agree, to the extent applicable, to abide by those terms of the cable communications franchise ordinance of the Ramsey/Washington Counties Suburban Cable Communications Commission as they may be amended, which pertain to system wide 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 ordinance and agreement of the Ramsey/Washington Counties Suburban Cable Communications Commission as they may be amended, are not applicable. -2- 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. 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 the Otter Lake Road area subscribers shall be the same as rates charged similarly 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. 10. The expiration date of the extension permit herein shall be coincident with that of the cable communications franchise awarded to the Company by the Ramsey/Washington Counties Suburban Cable Communications Commission by way of renewal or amendment of said franchise, shall automatically apply to the extension permit herein, provided that this permit shall expire earlier should service become available to the Otter Lake Road area from the North Central Suburbs. 11. All ordinances and parts of ordinances in conflict herewith are hereby preempted. 12. The Resolution shall be effective upon its passage and publication in accordance with law. 13. The Company guarantees that this area shall be fed from the North Central Suburban system once densities qualify it for same. PASSES AND ADOPTED THIS 14th DAY OF May , 1990. By Its ATTEST: >� By t�/0Z/zi / Its Mayor Clerk -Treasurer STATE OF MINNESOTA) CITY OF LINO LAKES) COUNTY OF ANOKA ) I, the undersigned, being the duly qualified and acting Clerk -Treasurer of the City of Lino Lakes, Minnesota, do hereby certify that I have carefully compared the attached and foregoing copy of Resolution No. 27 - 90 with the original thereof on file in my office, and the same is a full, true and complete copy insofar as the same relates to: GRANTING A CABLE COMMUNICATIONS SYSTEM EXTENSION PERMIT TO `.. CABLE TV NORTH CENTRAL OF RAMSEY/WASHINGTON Witness my hand as said Clerk -Treasurer and the Corporate Seal of the City this 21st day of May, 1990. Marilyn G. Anderson, Clerk -Treasurer (SEAL)