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HomeMy WebLinkAbout1997-014 Council ResolutionDEFINITIVE AGREEMENT RESOLUTION NO. 97 - 14 A RESOLUTION TRANSFERRING COMMUNITY TELEVISION PROGRAMMING RESPONSIBILITIES FROM d/b/a MEREDITH CABLE TO THE NORTH CENTRAL SUBURBAN CABLE COMMUNICATIONS COMMISSION WHEREAS, the Cable Communications Franchise between Group W of the North Central Suburbs d/b/a Meredith Cable (hereinafter "Company") and the City of Lino Lakes (hereinafter "City") requires the Company to provide and maintain certain cable television program facilities and equipment, provide certain community access channels and provide certain cable programming staff as delineated in the Franchise and Offering as defined in the Ordinance; WHEREAS, the Company and Commission have agreed to the divesting of all responsibility for providing the above-mentioned support for community television programming; WHEREAS, the Commission has investigated the possibility and ramifications of assuming the responsibility for community television programming within the North Central Suburban area; WHEREAS, the Commission and the Company have negotiated mutually acceptable terms to effect the transfer of the community television function from the Company to the Commission as delineated below; and WHEREAS, the City has determined such transfer to be in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED that the City agrees with Meredith Cable to the following terms and conditions effective March 1, 1997: 1. The Commission will assume all responsibility for community cable television programming delineated in the Franchise(s) and Offering for the seven (7) Member Cities of the North Central Suburban Cable Communications Commission geographic territories. 2. The Company is relieved of all responsibility for providing community cable television programming delineated in the Franchise and Offering of the City, except for those responsibilities delineated by this Agreement, and further, except for its customary responsibilities of delivery of signal and maintenance of the cable system to accomplish such delivery. 3. The Company shall transfer to the Commission title to and ownership of all equipment listed in Exhibit A, attached hereto and made a part hereof. 1 4. The Company shall make available for the term of the Franchise and any renewals thereof for use by the Commission and City those six channels currently on the North Central Suburban cable system and currently known as the Public Access Channel 15, the Government Access Channel 16, and the Educational Access Channels 58, 60, and 61, and the Religious Access Channel 57. The Company shall separate cablecasting on these channels, if not already accomplished, so that these channels may be discretely programmed and cablecast to Coon Rapids and the remaining seven (7) Member Cities of the Commission. The expense for system conversion to allow for such discrete cablecasting shall come from any excess PEG fees collected by the Company in 1995 and 1996, and the first two (2) months of 1997 pursuant to that certain Memorandum of Understanding ("MOU") by and between City and Company. In addition, the Commission and City shall have complete and unrestricted access to the above-mentioned channels, however, the Company will have full responsibility for the term of the Franchise for the maintenance, repair, and technical performance of said channels. 5. Commencing January 1, 1997, the PEG Fee established pursuant to the Memorandum of Understanding shall be $1.75 per month per subscriber. 6. The Company shall pay the full amount of the PEG Fee collected from the subscribers of City to the Commission, or its designee. The Company shall prepay quarterly, an estimated quarterly PEG Fee, which shall be annually reconciled to reflect actual PEG Fee receipts by Meredith subject to more frequent reconciliation by mutual agreement of the parties. The first prepayment shall be on or before March 1, 1997 for March, April, May and June of 1997. 7. The Company shall assign and the Commission, or its designee, shall assume all real estate and equipment leases and contracts relating to PEG Programming. 8. The Commission shall be responsible for any and all I -Net or other switching related to PEG Programming or non-profit use of the I -Net capacity for its seven (7) Member Cities, which shall occur only as provided in the Franchise and consistent with applicable laws. 9. The Commission shall advise Meredith in writing at least thirty (30) days prior to the Effective Date of Transfer of its intention to make offers of employment to Meredith personnel relating to PEG Programming. The Commission intends to employ all five (5) current employees of Meredith and North Central Community programming operations. 10. City agrees to allow Meredith to keep its local customer service office in the space it occupies as of December 31, 1996, provided that Meredith assumes the capital costs necessary to segregate the office from the remainder of Commission space, and further provided that Meredith shall pay One Hundred ($100.00) per month rent to Commission commencing the effective date of any Transfer. 2 11. Effective December 31, 1996, Company may close the Coon Rapids community programming studio and transfer all equipment to the Blaine facility. 12. Expenses for 1995 and 1996 universal installations shall be reimbursed to the Company from overages of the PEG Fee collected in 1995, 1996, and the first two (2) months of 1997 from all subscribers located in the original eight (8) members of the Commission. 13. All excess PEG Fees collected from the subscribers located in the seven (7) current members of the Commission in the first two (2) months of 1997 shall be paid to Commission. 14. For expenses for 1997 and beyond, universal installations shall be reimbursed to the Company from upward adjustments to future PEG Fees, which shall not reduce the $1.75 or further increases allowed by the MOU. 15. The terms and conditions of this Resolution shall not be changed without the mutual written consent of the Company and the City. 16. The Company and the City hereby reserve all rights and duties afforded pursuant to the Franchise(s), and applicable local, state and federal law. 3 17. This Resolution was moved by Council member Lyden and seconded by Council member Neal The following Council members voted in the affirmative: Bergeson, Kuether, Lyden, Neal, Landers. The following Council members voted in the negative: Adopted this 27th day of January Dated: 1/27/97 ,1997 . City Of Lino Lakes None We have reviewed the terms and conditions of this Resolution and by our signature below agree to all said terms and conditions. Dated: MEREDITH CABLE By By 4 EXHIBIT "A" Equipment inventory to include all current community programming equipment in the North Central area operations, including the mobile van, Coon Rapids facility and Blaine facility. C: \CABLE\NCSCCC\DEFINITI. AG2 5