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<br />
<br /> STATE OF MtNNESOTA
<br /> COUN7Y OF RAMSEY
<br /> CItY OF ARDEN Ii1LLS
<br /> ORDINANCE NO. 280
<br /> AN ORDINANCE RELATING TO THE CAq~E
<br /> TELEVISION Ffi1?MCHISE REOULATIC~l3 Ff~ TNE
<br /> C17Y OF ARDEN HILLS. ~
<br /> The Arden Hills City Council ordains that Sections
<br /> 11.8, 111.4, 111.5(B), III.S(C), III.S(D), 111.8, 111.10, VI.4(E)(4),
<br /> VIS(B), VlIf:4(C)(7), VIII,S(A), and XIV.2(C) of Appen-
<br /> dix B of the Arden HIAS Ciry Code relating to Cable N-
<br /> Franchise Regulations shall be amended to reed; and
<br /> Section III.S(E) of such regulatians shall be added to
<br /> read as follows: -$ection 11.8. All notices, reports 4r demands required
<br /> to be given in writing under thisfranchise shatl be Sectlon ,111.70. TAe standard VHF Channel 6 is
<br /> deemed to be given when delivered personally to any hereby deeiQnaW }w uniform regional channel usege. E
<br /> oHicer of Grantee or City's Administrator of this Fran- Use of tlme on the reglonal channel shell pe me0e +
<br /> chise or 48 hours afler it is depo@rted in the United available'without cMarge. `
<br /> States mail in a sealed envelope, with registeretl or cer- Section d1.4(E)(4). 7opics which may be discussed
<br /> tified mail posFage prepaid thereon, eddressed to tha 'at any evaluatian session may include, but not be
<br /> . party to whicb tbe notice isbeing given, as iollowsr limited to,'-servlce ratn slructures; franchise fe8;
<br /> If to City: City of Arden Hills penafties; free or discounted aervices; applicatfon of
<br /> City HaN new techrwlogies; :system performance; service provid- :
<br /> 1450 West Highway 96 ed; programmirlg oHered; customer compleints; "
<br /> Arden Hills, MN 55712 privacy; amendfnents to this Franchise; judicial and If to Grantee: Cable N North Central FCC rolings; line eMension policies; and GraMee or Ci-
<br /> 934 Woodhill Drive . ty RuleS. Rosevflle, MN 55113 Sectlon VI.5(B). GrBntee may be approqed; and this .
<br /> ATTN: System Manager Franchise or modification to it may be renewed; by Ci-
<br /> Such addresses may be changed qy either party ty in accordance with tAen existing rules of the FCC,
<br /> upon noticeio the other party given as prDVided in this the State of Minnesota, the Cky and gll otlier appNCable
<br /> Sebtion lews, ordinances, rules or regulations:
<br /> Section 111.4. The Grantee shall constvuct, maintain Sectfona VI11.4(6)(7), Far failure to provide the ser- ;
<br /> and continue to provide ap facilities and ec}uipment sei vices Grantee has proposetl, including but not limited `
<br /> forth in the Ottering inaluding, but not liluited to, the to the implemeMation and the utilization of the access ,
<br /> headend, hubs, disiribution system, and other facilities. channels entl compl'iance wRh the ResWulfon Trensfer- '
<br /> Grentee's plan as set forth in the Oflering, for im- ring Community Programming Resporisiliilities From ,
<br /> plementing the construction, utilization, Sy,Slem perfar- Group W Cabie o}'the North Suburbs, Inc. d/Wa Cable
<br /> mance, and inaintenance of these faciliti,, including TV Norih CeMral and Amendment Agreerneni No: 2, '
<br /> its plans for accommodating future growthand chang- the penalty shall be Five Hundred Dollars ($500.00) per
<br /> ing needs and deSireS, shall be fully -,gnd timely day for each dey, or pert.thereof, such failure occurs
<br /> performetl. or continues.
<br /> SeoHon 111.3(B). Grentee will prwide an eudio/video ' Sectlon VIII.S(A). At the commencement of this fran-
<br /> emergency alert override System that will p mit the in- chise, flnd at all times thereaRer until LRrantee has li-
<br /> ferrupfion by designaied City otficials of al sudio (in- quidated all of its obligafions witb Gity, t',rantee shall
<br /> cluding FM) and video programming, ytastructing maintain with Cky a bond in the sum of FiRy ThousanB
<br /> citizens where to switch for er~lergency Dollars ($50,000.00), which shall be replgnisbable and
<br /> announcements. ' increased to Two-Huntlr9d Fifty Thousand
<br /> Sectlon lII.S(C): Grantee sball provide at least thir-' ($250,000.00) in the sole discretion of Ciry, in such form
<br /> teen (13) channels for Sccess use for the following uses: ' and with such' sureties as shall be acceptable to City,
<br /> two (2) public aCCess, en educational access, a govern- , condNioned upon the faRhful performance by Grantee
<br /> ment accesS, one (1) leased access, a local origina- of tM3 FranChise,2int1 the acceptance hereof given by
<br /> tbn access, a religinus access, a special needs access, Grant¢e end upon Ihe further condNiort thffi in the evert •
<br /> a librery access, a higher education access, a com- Grantee shall fail to comply with any law, ordinende or
<br /> muniry access, and two (2) public school district access regulations, there shall be recoverable jointly and
<br /> channels (hereinafler "access channW'). All residen- Severally trom the principal and surety of the bond, any
<br /> tial subscribers who receive all or any parf of the total , demages or losses suHered by City as a result, in-
<br /> . services offered. onthe System shall also receive all : 'cluding the tull amount of any compensation, indem-
<br /> ot said thirteen (13) access channels at no addRional 'nification o* cost of remmal 01 any property of Grarnee,
<br /> Charge. All channels shall.be activated upon System , innluding a reasonable allowance for attorneys' fees
<br /> 9ctNatiom and thereafter maintained. and costs (with interest at two percent (2Mo) in excess
<br /> Ssctlon II1.5(D). The City anU its designee shall have ' of tFre then Prime Rate), up to the full amount of the
<br /> ~complete antl unrestricted access to the 8ccess chan, bond; and which bpod shoA further guarantee payment
<br /> nels, however, ihe GraMee shaH have full reSponsibility: byGrantee of all cleims and liens againsE City ar any for the maiMenance, repeir, and technical performancepublic property, and taxes due to City, which arise by
<br /> of the cable and related active and passive electronics reason of the wnstiuction, operatron,.maintenance ar
<br /> which carry said access channels (exclnding all equip- use of the Sysfem.
<br /> ~'ment owned and operated by the City or the Norlh , SectlOn XIV.2(C). The.Offering shall be permanently 'Suburben Cable Communications Commission). The kept and tiled in the Office of the City Clerk-
<br /> VHF spectrum shall be used for at least ane of the Administretor and the origirials or reproductions thereof
<br /> specially designated non-commercial public access shall be available for inspection by the puWic during
<br /> ehannels required unless specificalty waived Gy the Ciry normal busirress hours. .
<br /> or its designee. No charges shall he made for channel ; The Arden Hllls Clty Cbundl ordains that 8ectiens
<br /> Yme or playback of prerecorded programming on ac- ' 1145(D)(1) through 111.5(DN3), IX.1(B)(2ud), and
<br /> cess channels except the le$sed aceess channel which XIV,2(C~f ) through XIV.2(C)(8) of Apper~c B of the
<br /> 'shall remain in the exClusivb control of GraMee. A1den Hllls G[y Code releting tp ((able Ty Fmnchise
<br /> ` Section 111.5(E). Whenever any of the access cban- RegutaGons are hereby npealed.
<br /> 'nels is in use during 60 peroent of She weekdays Efleetive Date. This aidinance shall be effective the
<br /> (MOnday-Fiiday), for 80 percent of the time during any day following its publication.
<br /> consecutive three hour period for six weeks running, Adoption Date. Passed by the City Council of the.
<br /> `ahd there is demsn4l for use 76f an additional channel Ciry of Arden Hills the 291h.day of 4ri1,:1991.'- ,
<br /> for the same purpose, Grantee shall then, have six /s/ Thumas SatheY
<br /> moMhs in which W provide a new specially designaled Mpypr
<br /> "ao4ess channel for the same purpose at no additional ATTEST: Gary R. 8erger %
<br /> cost So subscribers. Administretion
<br /> Sectlon 111.8. The System servicing the Cities of (Bulletin: May 8, 1991)
<br /> Arden Hills, Falcon Neghts, Lauderdale, Little Canada,
<br /> Mounds View, Plew Brighton, North Oaks, Roseville;,
<br /> $t.'Anthony, and SFroreview shall be completely inter-
<br /> eonnected. GraMee will cemply with all present and
<br /> future laws regardip9 interconneFtion of systems, and
<br /> - will Cooperate with etry agencies or utiHties involved with
<br /> jnterCOnnectlon. At such times as interconnection is re-
<br /> ';quhad, Grarttee sMeO eecariiplish this wNhout additbnal
<br /> charge to subscribers. System shall be initially co`n- ,
<br /> structed so that other systems now or hereafter coo-
<br /> structed in any area adjacent to System or within the
<br /> metropolitan areg (If technologically.feasidle) inay be
<br /> intercopnected with System upon request vf City and
<br /> apreement with other System's Grantot antl Cable
<br /> Com~arr my 'llxante,e~w r~,yeoqreahicaPi~c9ntiguous' ~
<br /> syst6s they shall be Cnteiconnected wdh Sy91em upon
<br /> A1,quesRot,Cily in ,~,gitya~q!!s and to such ex;ent sucHiconneLtlon'isYecfmiCSliy and economically feasi- -
<br /> ''~le. Gi9ittit NhaY'f interdinnect chaqiiiii*#wignmed
<br /> by City with bhannols of other systems in all cases in
<br /> which other sy5tem(g) irMicate in wnting a desire to pro-
<br /> vide an adeQuals, ahWa of fecilitie5 and budget for such
<br /> interconnection. ln any event, both parties to this agree-
<br /> ment desire interponnection of the system to the ,
<br /> greatest extent of technical and economic feasibility.
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