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HomeMy WebLinkAboutOrdinance 489 r' . . . ORDINANCE NO. 489 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING ORDINANCE NO. 319 AN ORDINANCE, INCLUDING ADDENDUM WITH EXHIBITS, GRANTING A FRANCHISE TO GROUP W CABLE OF THE NORTH SUBURBS, INC. , A MINNESOTA CORPORATION TO OPERATE AND MAINTAIN A CABLE COMMUNICATION SYSTEM IN THE CITY; 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 The City Council of the City of Mounds View hereby ordains: SECTION I. Ordinance No. 319 is amended to read as follows: Article I. Section 2.0 "Offering or Grantee" or "Offering" means that certain document dated October 1, 191, entitled, "Application for Cable . Television Franchise" and signed by Grantee, which document is on file with the Ci ty Clerk, and any amendments thereto which are mutually acceptable to Grantee and City. Article II. Section 8 All notices, reports or demands required to be given in writing under this Franchise shall be deemed to be given when delivered personally to any officer of Grantee or City's Administrator of this Franchise or 48 hours after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the party to which notice is being given, as follow: If to City: City of Mounds View City Hall 2401 Highway 10 Mounds View, MN 55112 If to Grantee: Cable TV North Central 934 Woodhill Drive Roseville, MN 55113 Attn: Systems Manager . Such addresses may be changed by either party upon notice to the other party given as provided in this Section. . . ORDINANCE NO. 489 PAGE TWO Article III. Section 1.A. Section 1. CHANNEL CAPACITY - SUBSCRIBER NETWORK A. The System shall be capable of providing at least 59 downstream channels, four fully activated upstream channels and a full-video information retrieval channel. The System shall provide access to information data bases with the capacity as detailed in the offering. B. The System shall provide three tiers of subscriber service. Tier 1 shall be a 22 video channel universal service tier. Tier 2 shall be a 59 video channel Basic Service. Tier 3 shall be a 59 channel interactive service tier. Article III. Section 3. Section 3. TWO-WAY CAPACITY (Amendment Aqreement No. I already adopted) Grantee shall initially activate and thereafter maintain a two-way capable system (audio, video and data impulse). Grantee . shall activate four upstream channels at the time of System activation. This will include fully interactive service capability supported by addressable, state-of-the-art equipment. Article III. Section 4. Section 4. Facilities The Grantee shall construct, maintain and continue to provide all facilities and equipment set forth in the Offering including, but not limited to, the headend, hubs, distribution system, and other facilities. Grantee's plan, as set forth in the Offering, for implementing the construction, utilization, System performance, and maintenance of these facilities, including its plans for accommodating future growth and changing needs and desires, shall be fully and timely performed. Article III. Section 5. Section 5. Special Channel and Access ReQUirements A. Grantee will carry broadcast stations in accordance with FCC rules as from time to time revised. B. Grantee will provide an audio/video emergency alert override system that will permit the interruption by designated City officials of all audio (including FM) and video programming . instructing citizens where to switch for emergency announcements. . . ORDINANCE NO. 489 PAGE THREE C. Grantee shall provide at least thirteen (13) channels for access use for the following uses: two (2 ) public access, an educational access, a government access, one (1) leased access, a local origination access, a religious access, a special needs access, a library access, a higher education, a community access, and two (2) public school district access channels (hereinafter "access channels"). All residential subscribers who receive all or any part of the total services offered on the System shall also receive all of said thirteen (13) access channels at no additional charge. All channels shall be activated upon System activation and thereafter maintained. Crantee ohall eotablioh ruleD and regul~tiono prior to Syotem acti~~Yation for the uoe of acceoo channelo ~ihich ohall be appro7ed by City before implementation and thereafter ohall not be altered or .:lIRended ~dthout appro..:ral of City in preparing ouch ruleol Delete c. (l) , (2) and (3) . Delete D., D.(l), and insert new D. (below) D. The City and its desiqnee shall have complete and unrestricted . access to the access channels, however, the Grantee shall have full responsibility for the maintenance, repair, and technical performance of the cable and related active and passive electronics which carry said access channels (excludi.nq all equi?ment owned and operated by the City or the North Suburban Cable Communications Commission). The VHF spectrum shall be used to at least one of the specially designated noncommercial public access channels required unless specifically waived by City or its desiqnee. No charges shall be made for channel time or playback of prerecorded programming on access channels exce?t the leased access channel which shall remain in the exclusive control of Grantee. Any feeD for uoe of public acceoo channelo ohall be conoiotent ~dth the goal of affording the public a lmi coot meano of telc..yioion acceoo. A.cccoo facilitieo, cquipment and/or channel time 'idll be madc ay.:railablc to the gcneral public, any group or individual reoident in City for the production and/or cablecaoting of noncoHlHlcrcial progr.:unming frec of charge on a firot come, nondiocriminatory baoio. E. Whenever any of the access channels is in use during 80 percent of the weekdays (Monday-Friday), for 80 percent of the time during any consecutive three hour period for six weeks running, and there is demand for use of an additional channel for the same purpose, Grantee shall then have six months in . which to provide a new specially designated access channel for the same purpose at no additional cost to subscribers. , . . ORDINANCE NO. 489 PAGE FOUR Delete paragraphs E. (c), (d), and (5) (a), and (b). Article III. Section 8. Section 8. Interconnection The System servicing the Cities of Arden Hills, Falcon Heights, Lauderdale, Little Canada, Mounds View, New Brighton, North Oaks, Roseville, St. Anthony, and Shoreview shall be completely interconnected. Grantee will comply with all present and future laws ruleD, regul~tionD ~nd ordoro of tho Bo~rd regarding interconnection of systems, and will cooperate with any agencies or utilities involved with interconnection. At such times as interconnection is required, Grantee shall accomplish this wi thout addi tional charge to subscribers. System shall be ini tially constructed so that other systems now or hereafter constructed in any area adjacent to System or within the metropolitan area (if technologically feasible) may be interconnected with System upon request of City and agreement with other System's Grantor and Cable Company. If Grantee owns geographically contiguous systems they shall be interconnected with System upon request of City in all situations and to such extent such interconnection is technically and economically feasible. . Grantee shall interconnect channels designated by City with channels of other systems in all cases in which other system(s) indicate in writing a desire to provide an adequate share of facilities and budget for such interconnection. In any event, both parties to this agreement desire interconnection of the system to the greatest extent of technical and economic feasibility. Article III. Section 10 Section 10. Reqional Channel The standard VHF Channel 6 is hereby designated for uniform regional channel usage. HmwoTwTer, until tho region~l ch~nnel bccomco operation~l, Cr~ntoe m~y utilize the ot~nd~rd VHF ch~nncl 6 ~D it doomD ~ppropri~te. Use of time on the regional channel shall be made available without charge. Article v. Section 3.B. (Amendment Agreement 1, already adopted) Section 3. Construction Timetable B. Within ninety (90) days after obtaining all necessary permits, licenses, certificates and authorizations, Grantee shall give written notice thereof to City and commence construction and installation of System. Grantee shall have constructed all . areas of the initial service area which contain dwelling units on or before November 12, 1984 so that persons along the route . . ORDINANCE NO. 489 PAGE FIVE of the energized cable will have individual "drops II as desired during the same period of time. Article VI. Section 4.E. ( 4 ) (4 ) Topics which may be discussed at any evaluation session may include, but not be limited to, service rate structures; franchise fee, penalties; free or discounted services; application of new technologies; system performance; service provided; programming offered; oommunity aooeDD; looal origination; customer complaints; privacy; amendments to this Franchise; judicial, Board and FCC rulings; line extension policies; and Grantee or City Rules. Article VI. Section 5.B. Section 5. Franchise Renewal B. Grantee may be approved, and this Franchise or modification to it may be renewed, by City in accordance with then existing rules of the FCC, the Board State of Minnesota, the City and . all other applicable laws, ordinances, rules or regulations. Article VIII. Section 4.C. (7 ) (7) For failure to provide the services Grantee has proposed, including but not limited to the channels aflG the Hlaking available for UDe of the equipment and other faoilitieD, and compliance with the Resolution Transferrinq Community Proqramminq Responsibilities From Grou~ W Cable of the North Suburbs, Inc., d/b/a Cable TV North Central and Amendment Aqreement No.2, the penalty shall be Five Hundred Dollars ($500.00) per day for each day, or part thereof, such failure occurs or continues. Article VIII. Section 5.A. Section 5. Bonds A. At the commencement of this Franchise, and at all times thereafter until Grantee has liquidated all of its obligations with City, Grantee shall maintain with City a bond in the total sum of Fi....~e Hundred Fifty Thousand Dollars ($500,000.00) ($50,000.00) (which shall be replenishable and increased to Two-Hundred Fiftv Thousand ($250,000.00) in the sole discretion of the City) in such form and with such sureties as shall be acceptable to City, conditioned upon the faithful performance by Grantee of this . Franchise and the acceptance hereof given by Grantee and upon the further condition that in the event Grantee shall fail to comply . . . ORDINANCE NO. 489 PAGE SIX with any law, ordinance or regulation, thee shall be recoverable jointly and severally from the principal and surety of the bond, any damages or losses suffered by City as a result, including the full amount of any compensation, indemnification or cost of removal of any property of Grantee, including a reasonable allowance for attorneys' fees and costs (with interest at two percent (2%) in excess of the then Prime Rate), up to the full amount of the bond, and which bond shall further guarantee payment by Grantee of all claims and liens against City or any public property, and taxes due to City, which arise by reason of the construction, operation, maintenance or use of the System. Article IX. Section 1.B.(2) (d) (d) If Board approveD of the action of city, the FranchiDe ohall terminate immediately. If Board dioappro~eo of the action of city, the Franchioe ohall remain in full force and effect for the full term hereof unleoD Dooner terminated in accordance 'iidth the pro.y?ioiono herein, or applicable la-'iii" or ruleD of Board. . Article XIV. Section 2.C. C. The Offering shall be permanently kept and filed in the office of the City Clerk and the originals or reproductions thereof shall be available for inspection by the public during normal business hours. Aloo, the Crantee may Dummarize the offering in a manner acceptable to Ci ty or reproduce the entire offering, and ohall have either at the follO'idng locationo in the follO'idng quanti tieo I (1) Office of the City Clerk 1 copy ~ (Adminiotrator deoignated in thio Franchioe 1 copy (3) Public librarieo 1 copy each (4) Office of the City Attorney 1 copy (5) R.:J.Hloey and Hennepin County La\w Librarieo 1 copy each (6) Local office of Crantee 1 copy (7) Office of any ochool diDtrict in City 1 copy (8) Minneoota Cable Communicationo Board . . . ORDINANCE NO. 489 PAGE SEVEN SECTION II. This ordinance shall take effect thirty days after the date of its publication. Read by the City Council of the City of Mounds View on this day of , 19 . Read and passed by the City Council of the City of Mounds View this day of , 19 . ATTEST: Mayor (SEAL) Clerk-Administrator . APPROVED AS TO FORM: City Attorney .