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<br /> CITY OF ARDEN HILLS
<br /> . COUN'IY OF RAMSEY SECTION 5.
<br /> STATE OF MINNESOTA SEIMCI! PIlOVISIONS
<br /> This Section provides for rate regulation
<br /> AN ORDINANCE SUMMARY when permitted by law, customer service
<br /> ORDINANCE NO. 307 standards, late fees and subscriber contracts.
<br /> "AN ORDINANCE GRANTING A SECTION 6.
<br /> FRANCHISE TO MEDIAONE TO ACCESS CHANNEL(S) PROVISIONS
<br /> I;ONSTRUCT, OPERATE, AND MAtNTAlN The company will provide twelve (12)
<br /> A CABLE COMMUNICATIONS SYSTeM IN channels '0< public, education and
<br /> THE CITY OF ARDEN HILLS, SETTING government programming. The company will
<br /> FORTH CONDmONS ACCOMPANVlNG continue to comply with all requirements
<br /> THE GRANT OF THE FRANCHISe." regarding community programming operations
<br /> On the 29th day of June, 1998, the ,Arden and funding, and in addition will inoreas!' the
<br /> Hills City Council adopted Ordinance No.. 307, funding by $667,286 over the life of the _. hoo~ to _any af the
<br /> and pursuant to local and Minnesota law by Franchise. _ 01 "'" _; ot"" pr&dlced
<br /> five affirmative votes, directed that a summary SECTION 7. fraud or dee8itupon City, This Section also
<br /> of the ordinance be_ published in the City's INSTITUTIONAL NElWORK p-NET) contains prOViSiOns regarding abandonment
<br /> Official Newspaper, and that a printed copy of PROVISIONS of service anCli removal of equipment and
<br /> Ordinance No. 301 be posted Qn the City's This Section contains provisions requiring requires that ,th~ company receive approval
<br /> bulletin board and otherwise be made the company to dedicate certain capacity for prior to sale or ttansfer,
<br /> available for Inspection by aMy person during use by designated institutions, and contQ.k1s SECTION 11.
<br /> regular business. hours at Itle office of the Cfty terms and conditions for the usage and PROTECTIO". OF fNDIVIOUAL RIGHTS
<br /> Administrator at 4364 West Round Lake performance of this institutional network. This Section trohlblts discriminatl(m and
<br /> Road, Arden Hills,.MN 55112 SECTION .. requires subscrl er prtvacy by the company,
<br /> STATEMENT OF INTENT AND PURPOSE OPERATION AND ADMINISTRATION SECTION 12.
<br /> The City intends, by the adoption of this PROVISIONS U~OA~DCONNECTIONSAND
<br /> Franchise, to bring about the further This Section contains provisions requiring MODIFICATIONS
<br /> development of a Cable System, and the the company to pay quarterly to City or its This Section prohibits unauthorized
<br /> continued operation of it. Adoption of this delegatee, a Franchise Fee in an' amount connections to Itle System or damage to the
<br /> Franchise- is, in the Judgment of the Councit, In equal to five percent (5%) of its quarterly System. '
<br /> the best interests of the City and its residents. Gross Revenues../n addition, the City shall SeCTION 13.
<br /> FINDINGS have the right to require the company to MISCELLANEOUS PROVISIONS
<br /> The City Council makes the following provide copies of any records, and the T!'1is Section!. contains a vari.ety of
<br /> findings: , company must file with the City a report of ,all requirements co:ncerning Franchise. renewal,
<br /> 1. The company technical ability, financial Gross Revenues and shall furnish such other amendments,. ~tiance wIth applicable law,
<br /> condition, legal qualifications, ana character reasonable reports with respect to operations and interpr~ of the Franchise.
<br /> were considered and approved; as may be required. If requested, the SECTION 14-
<br /> . 2. The company plans for constructing, company shall furnish the maps, plats, and PUBUCA~N EFFECTIVE DATE;
<br /> upgrading, and operating the System were permanent records of the location and ACCEPl:. CE AND EXHIBITS
<br /> considered and found adequate and feasible; character of all facilities. This Section -requires that the Franchise be
<br /> 3. The Franchise complies with applicable Finally, the City may require evaluation published in a~rdance with applicable local
<br /> laws and regulations; and _sessions at any time during the term of this and Minnesota ~. The Effective Date of this
<br /> 4. The Franchise is nonexclusive. Franchise. As a result of lI1e review session, Franchise shaH be the date of acceptance by'
<br /> SECTION 1. the company will meet with City and the company :in accordance with the
<br /> SHORT TITLE AND BEANITIONS undertake goad faith efforts to reach provisions of SEKition 14.2.
<br /> ThisSaction names the Franchise Ordinance agreement on Changes and modifications to The company ~hall accept this Franchise
<br /> as the Catle Franchise Ordinance and \ the Franchise which are both economically within sixty (60) days of its enactment by' the
<br /> contains many definitions regarding the Cable and technically feasible. Cfty Council provided, howewr, this Franchise
<br /> System. SECTION 9, shall not be ~lve until all City ordinance
<br /> seCTION 2. GENERAL FINANCIAL AND INSURANCE adOption proced""res are complied with and all
<br /> GRANT OF AliTHORITY AND GENERAL PROVISIONS applicable timeliries have run for the adoption
<br /> PROVISIONS This Section contains prOViSions requiring of a City orctinanqa.
<br /> This Section grants a nonexclusive, fifteen the company to furnish a performance bond to AdQDlinn Date: JPassed by the City Council of
<br /> (15) year Franchise pursuant to the City in the amount of $500,000 and deliver to the City of Arden Hills, the 29th day of June,
<br /> company's proposal and additional City an unconditional letter of- Credit from a 1998.
<br /> reqUirements contained in 'the Franchise. This National or State Bank approved by City In the /8/ Dennis Probst
<br /> Section further provides for free subscriber amount of $25,000 to secure compnance with Mayor
<br /> service to designated public and educational 'the terms of the Franchise. AlTEST:
<br /> institutions. In addition, this Section provides thai the City /8/ BrIon F~"'''I1or
<br /> SECTION 3. and its agents shall not be liable for any loss CIlyAdmlnl_
<br /> CONSTRUCTION STANDARDS or damage arising out of any action of the (1ltJ1_: July.. 1998)
<br /> This Section provides for permitting company with respect to this Franchise.
<br /> requirements, construction code compliance, Finally, as a part of the indemnification
<br /> undergrounding requirements, and other above, the company shall maintain a
<br /> conditions on the use of the Rights-of-Way. comprehensive general liability insurance
<br /> SECTION 4. policy for any and all damages and penalties
<br /> DESIGN PROVISIONS which may arise as a result of this Franchise
<br /> This Section provides for the construction of in the sum of not less than $1,000,000 for
<br /> a System providing 750 MHZ capacity and personal injury or death of anyone Person,
<br /> whicl1 is fully acttvated wtthlhe capability of a and $2,000,000 tit personal injury or death of
<br /> minimum of up to eighty-one (81) video two or more Persons in any one ooc:urrence,
<br /> channels. $500,000 for property damage to anyone
<br /> The company will develop, construct and person and $2,000,000 for property damage
<br /> operate a System capable of providing non- resulting from any one act or occurrence,
<br /> video services such as high-speed 'data SECTION 1..
<br /> transmission, Internet access, and other SALE, ABANDONMENT, TRANSFER AND
<br /> competitive services which. shall be activated REVOCATION OF FRANCHISE
<br /> . as Marketplace Need dictates. This Section provides that the City reserves
<br /> The company will complete all construction the right to revoke this Franchise, if It is
<br /> related to the System upgrade on or before determined by City that the company has
<br /> November 30, 2000. The Section contains violated material provisions(s) of this
<br /> raquiremenli regarding testing and technical
<br /> standards and provides for iour (4) channels
<br /> to be interoonnected wl1h all adtOining cable
<br /> systems.
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