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<br /> ARTICLE III.DESIGN OF SYSTEM ARTICLE VI.SYSTEMS OPERATIONS SECTION 3.ABANDONMENT
<br /> SECTION 1.CHANNEL CAPACITY- SECTION L INFORMATION Cable TV North Central may not aban-
<br /> SUBSCRIBER NETWORK AVAILABILITY don any portion of the system without
<br /> A System capable of providing at least City shall have the right of reasonable having given not less than three months
<br /> 61 downstream programmable channels access to Cable TV North Central's re- prior notice to City.Afiy such abandon-
<br /> shall be constructed pursuant to the con- cords. ment may be deemed a cause for ter- SECTION 3.DELEGATION OF
<br /> ditions of the proposal of Cable TV North SECTION 2.SERVICE CONTRACT mination of the franchise. AUTHORITY BY CITY
<br /> Central. The form of Cable TV North Central's ARTICLE XI.PURCHASE OF The City may delegate at any time its
<br /> service contract with subscribers is SYSTEM rights or obligations under the franchise
<br /> SECTION 2.PICTURE QUALITY AND detailed in Sec ion 2. SECTION GENERAL to any body or organization.
<br /> TECHNICAL REQUIREMENTS SECTION 3.SUL BSCRIBER The Section provides for the City's ARTICLE XIV.EXTENDED SYSTEM,
<br /> Cable TV North Central will be re- PRACTICESright to purchase the system,either pur- ACCEPTANCE,INCORPORATION OF
<br /> quired to transmit a signal to the sub- There shall be no charge for discon- suant to the terms and conditions of a OFFERING,EXHIBITS,
<br /> scriber,and further to comply with all nection of any installation, service, or bona fide purchase offer which Cable TV PUBLICATION
<br /> technical standards of their proposal outlet. Section 3 also details Cable TV North Central is willing to accept SECTION 1.EXTENDED SYSTEM
<br /> and Federal Communications Commis- North Central's right to disconnect for regarding the system,or in the event of The system in City is an extension of
<br /> sion requirements. failure to pay the monthly subscriber forfeiture,revocation or termination of Cable TV North Central's System serv-
<br /> SECTION 3.TWO-WAY CAPACITY fees, the franchise. ing the Ramsey/Washington Franchise
<br /> Cable TV North Central shall activate SECTION 4.FRANCHISE FEES, SECTION 2.PROCEDURES Area.
<br /> and thereafter maintain a two-way sys- RATES AND CHARGES The procedures for the City's election SECTION 2.TIME OF ACCEPTANCE;
<br /> tem concurrent with the activation of Throughout the term of the franchise, to exercise its rights to purchase the sys- GUARANTEE;INCORPORATION OF
<br /> two-way subscriber services in the Cable TV North Central shall pay to City tem are contained in this section. The OFFERING;EXHIBITS
<br /> Ramsey/Washington Franchise Area. an annual fee of 5%of,all gross revenues procedure provides for City's right to ac- Cable TV North Central shall accept
<br /> SECTION 4.FACILITIES as defined and restricted in the fran- cept the terms of a pending purchase of- the franchise pursuant to the procedures
<br /> Cable TV North Central shall con- chise and this section.Rates shall be es- fer,or the appointment of an arbitration
<br /> struct its facilities as set forth in its included in h section.The proposal o-
<br /> tablished pursuant to the terms and con- panel to establish the terms and condi- Cable TV North Central shall be incorpo-
<br /> proposal to the City. ditions of the franchise.The City retains tions of the purchase of the system. -- rated by reference into the franchise.
<br /> SECTION 5.SPECIALCHANNEL AND the right to participate in any perfor- ARTICLE XII.MISCELLANEOUS .Summaries of the proposal shall be
<br /> ACCESS REQUIREMENTS mance review and technological SECTION I.TRANSFER OF available in the office of the City Admin-
<br /> The system shall carry an emergency upgrading of the system. Cable TV OWNERSHIP OR CONTROL istrator. The exhibits to the franchise
<br /> override system and access channels for North Central shall exercise its best ef- Ownership is the system may not be are: Exhibit A - Initial Service Area
<br /> the use of public,education,government forts to maintain a modern, state-of- transferred without the prior written, .map; Exhibit B - The Offering
<br /> and leased.The franchise incorporates the-art system which is comparable to consent of the City.The procedures for: {Proposal) of Cable TV North Central
<br /> specific access rules which have been other operating cable television systems notifying the City of the transfer of Dow-Sat. -
<br /> developed by Cable TV North Central. similarly situated. ownership, and the City's approval of i This ordinance was passed .and
<br /> SECTION 6.SERVICE TO PUBLIC SECTION 5.FRANCHISE RENEWAL said transfer, are provided for in this adopted this 17th day of April,1989.
<br /> BUILDINGS AND EDUCATIONAL ' The franchise may be automatically section. /s/George L.Atkinson
<br /> INSTITUTIONS renewed at any time provided Cable TV SECTION 2.REMOVAL AFTER George Atkinson,Mayor
<br /> Cable TV North Central will provide North Central obtains renewal of the TERMINATION OR REVOCATION ATTEST:
<br /> one free installation and free Basic Ser- Franchise Ordinance and Franchise The City shall have the right to re- /s/Mary Ann Creager
<br /> vice to such public institutions desig- Agreement in the Ramsey/Washington quire Cable TV North Central to Mary Ann Creager,City Clerk
<br /> nated by the City. Franchise Area. remove,at Cable TV North Central's ex- (Published in THE TIMES
<br /> SECTION 7.REGIONAL CHANNEL ARTICLE VII.RESERVED pease,all or any portion of the system May 4,1989)
<br /> Cable TV North Central shall comply ARTICLE VIII.INDEMNIFICATION, within the City upon the revocation or
<br /> with the provisions of'Minnesota law INSURANCE,AND LETTER OF termination of the franchise pursuant to
<br /> regarding uniform regional channel CREDIT the terms and procedures of this section.
<br /> usage. SECTION 1.GENERAL SECTION 3.WORK PERFORMED BY
<br /> ARTICLE IV.SERVICES AND The City retains all rights of indemni- OTHERS
<br /> PROGRAMMING,INTERRUPTION fication,insurance,or letter of credit as Cable TV North Central must inform
<br /> OF SERVICE AND COMPLAINTS provided in the franchise. the City of the names and addresses of
<br /> SECTION 1.SERVICES AND SECTION 2.INDEMNIFICATION AND any entity other than Cable TV North
<br /> PROGRAMMING INSURANCE Central which shall perform services
<br /> Programming shall be provided as Cable TV North Central shall fully in- pursuant to the franchise.
<br /> specified in the proposal of Cable TV SECTION 4.GENERAL PROVISION
<br /> North Central. Programming shall be demnify,defend and hold harmless,City ON RIGHTS AND REMEDIES
<br /> added and deleted pursuant to the and all of its agents and employees from All remedies and rights given to City
<br /> provisions of Section 1. . liability and 'idgments for damages in by the franchise are in addition to any
<br /> SECTION 2.INTERRUPTION OF SER- connection with: Damage to persons or other rights which City might otherwise
<br /> VICE AND COMPLAINTS property, any claim arising out of the have regarding the system or Cable TV
<br /> Service shall not be interrupted unless franchise, Cable TV North Central's North Central.
<br /> necessary. If service is interrupted for failure to comply with provisions of the SECTION 5.APPLICABLE LAWS AND
<br /> more than 24 hours in any 30 day period, franchise,or any claim Cable TV North COURT DECISIONS:SEVERABILITY
<br /> subscribers shall be credited pro-rata Central may have against the City. The franchise must at all times be in
<br /> for such interruption.An office shall be SECTION 3.INSURANCE ' compliance with all laws, ordinances
<br /> maintained in the metropolitan area and Cable TV North Central shall main- and regulations of federal state and city
<br /> shall be capable of receiving complaints Min liability insurance for the entire government relating to the cable televi-
<br /> and requests for repairs or adjustments term of the franchise for amounts as sion system and the franchise. If any
<br /> at any time seven days per week.This specified in the franchise and pursuant provision of this franchise is declared in-
<br /> section further details subscriber corn- to the requirements of this section. valid or void, that section may be se-
<br /> plaint procedures. SECTION 4.LETTER OF CREDIT vered from the franchise with the
<br /> ARTICLE V.CONSTRUCTION, Cable TV North Central shall main- remaining sections in full force and ef-
<br /> INITIAL SERVICE AREA, • ' tam an irrevocable and unconditional feel. If the City determines that a
<br /> LINE EXTENSION AND Letter of Credit, The Letter of Credit provision of the franchise is affected by
<br /> CONSTRUCTION STANDARDS shall provide the funds to be paid to the law,ordinance or regulation,City shall
<br /> SECTION 1.INITIAL SERVICE AREA City upon demand by the City pursuant have the right to amend,modify,alter
<br /> All areas containing dwelling units to the procedures and requirements of or repeal any provisions of the franchise
<br /> within the city as identified on an ap- this section. This section further to such reasonable extent as necessary
<br /> pended map shall be constructed as the provides minimum amounts for penal- to carry out the intended purposes of the
<br /> initial service area. ties such as failure to construct the sys- franchise.
<br /> SECTION 2.LINE EXTENSION tem and failure to comply with terms SECTION 6.GRANTEE
<br /> POLICY and conditions of the franchise. Said ACKNOWLEDGEMENT OF VALIDITY
<br /> Service shall be extended to those penalties may be assessed against Cable OF FRANCHISE
<br /> areas not in the initial service area pur- TV North Central by the City and col- Cable TV North Central acknowledges
<br /> suant to the formula of Section 2. lected directly from the Letter of Credit. that is has reviewed the franchise and
<br /> SECTION 3.CONSTRUCTION TIME- The Letter of Credit must be maintained that under current law Cable TV North
<br /> TABLE pursuant to the procedures and require- Central believes that the franchise is not
<br /> Cable TV North Central shall con- ments of this section. • • unreasonable or arbitrary.
<br /> struct all areas of the initial service ARTIC,E IX.DEFAULT ARTICLE XIII.ADMINISTRATION
<br /> area which contain dwelling units by SECTION 1.N TICE AND DEFAULT AND ADVISORY BODY
<br /> September 15,1989.Delays in construe- City shall n tify Cable TV North Cen- SECTION 1.ADMINISTRATOR
<br /> tion may result in penalties provided by tral in writing of violations of the fran- The City's chief administrative officer
<br /> the franchise. chise. Cable TV North Central shall or the City's designee shall be responsi-
<br /> SECTION 4.CONSTRUCTION have thirty da s to cure such default,or ble for the administration of the fran-
<br /> STANDARDS - be subject tote procedures of this sec- chise.
<br /> Cable TV North Central shall comply lion leading t termination of the fran- SECTION 2.ADVISORY BODY `
<br /> with all construction standards of the chise. The City may appoint an advisory
<br /> franchise as well as all applicable laws, ARTICL X.FORECLOSURE, body to monitor performance of Cable
<br /> ordinances, rules, regulations and . REC IVERSHIP AND TV North Central in executing the
<br /> codes,federal,state and local. AB NDONMENT provisions of the franchise.
<br /> SECTION 5.CONDITIONS OF USE SECTION 1.F RECLOSURE
<br /> Cable TV North Central shall not, in Upon the for closure or judicial sale of
<br /> its construction of the System,interfere the system, t e provisions of the fran-
<br /> with any gas,electric or television fix- chise governi g consent to transfer or
<br /> ture,water hydrant or main,or sewer change in ownership shall apply.
<br /> line.Section 5 also provides procedures SECTION 2.RECEIVERSHIP
<br /> for the raising and lowering of lines, City shall have the right to'cancel the
<br /> trimming trees,and the recognition of franchise 120 days after the appointment
<br /> potential liability for persons damage of a receiver or trustee.
<br /> Cable TV North Central's facilities.
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