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HomeMy WebLinkAbout280 . r I . STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS ORDINANCE NO. 280 AN ORDINANCE RELATING TO THE CABLE TELEVISION FRANCHISE REGULATIONS FOR THE CITY OF ARDEN HILLS. The Arden Hills City Council ordains that Sections II.a, III.4, III. 5 (B), III.5(C) , III.5(D) , III.a, lILlO, VI. 4 (E)( 4), VI. 5 (B) , VIII.4(C) (7), VIII.5(A), and XIV.2(C) of Appendix B of the Arden Hills City Code relating to Cable TV Franchise Regulations shall be amended to read; and Section III.5(E) of such regulations shall be added to read as follows: Section II. 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 Adminis- trator 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 the notice is being given, as follows: If to City: City of Arden Hills City Hall 1450 West Highway 96 Arden Hills, MN 55112 If to Grantee: Cable TV North Central 934 Woodhill Drive Roseville, MN 55113 ATTN: System Manager Such addresses may be changed by either party upon notice to the other party given as provided in this Section. Section III. 4. 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. It 1 . Section III.5(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. Section III.5(C). Grante<;l shall provide at least thirteen (13) channels for access use for the following uses: two (2) public accessI 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 access, 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. Section III.5(D). The City and its designee 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 (excluding all equip- ment owned and operated by the City or the North Suburban Cable Communications Commission). The VHF spectrum shall be used for at . least one of the specially designated non-commercial public access channels required unless specifically waived by the City or its designee. No charges shall be made for channel time or playback of prerecorded programming on access channels except the leased access channel which shall remain in the exclusive control of Grantee. Section III. 5(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. Section III. 8. 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 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 without additional charge to subscribers. System shall be initially constructed so that other systems now or hereafter con- structed 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 2 . 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. Section III.IO. The standard VHF Channel 6 is hereby designate for uniform regional channel usage. Use of time on the regional channel shall be made available without charge. Section VI.4(E)(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; customer complaints; privacy; amendments to this Franchise; judicial and FCC rulings; line extension policies; and Grantee or City Rules. Section VI. 5(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 State of Minnesota, the City and all other applicable laws, ordinances, rules or regulations. , Section VIII.4(C)(7). For failure to provide the services Grantee has proposed, including but not limited to the implementation and the utilization of the access channels and compliance with the Resolution Transferring Community Programming Responsibilities From Group W Cable of the North Suburbs, Inc. d/b/a Cable TV North Central and Amendment Agreement No. 2, the penalty shall be Five Hundred Dollars ($500.00) per day for each day, or part thereof, such failure occurs or continues. Section VIII.5(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 sum of Fifty Thousand Dollars ($50,000.00), which shall be replenishable and increased to Two-Hundred Fifty Thousand ($250,000.00) in the sole discretion of 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 with any law, ordinance or regulation, there 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. 3 . ., Section XIV.2(C). The Offering shall be permanently kept and filed in the Office of the City Clerk-Administrator and the originals or reproductions thereof shall be available for inspection by the public during normal business hours. The Arden Hills City Council ordains that Sections III.5(D)(1) through III. 5 (D)( 3 ), IX.l(B) (2) (d), and XIV .2(C)( 1) through XIV. 2(C) (8) of Appendix B of the Arden Hills City Code relating to Cable TV Franchise Regulations are hereby repealed. Effective Date. This ordinance shall be effective the day following its publication. Adoption Date. Passed by the City Council of the City of Arden Hills the 29TH day of APRIL , 1991. e ATTEST: ,~lB~ , Gary R Berger, Administrator Publication Date. Published on the 8TH of MAY , 1991. C\J\AHORD91.004 , 4 ~ tt#e of MtnnESn#tt Affidttut# of Publtctt#tun t ~ TnuntU of +."~ttmaeV _ N ThPodo-r T' 1 1 i P , being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as New Bri ghton BL1 1 i n , and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed Ordin nce No 280 which is attached was cut from the columns of said newspaper, and was printed and published once each week, far 1 successive weeks; it was first published onwednesday, the 8 tY1 day of May , 19 9 Z , and was thereafter rinted and p published on every to and including , the day of , 19 ; and printed ~ below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: `l4B69EFGIiId1E6Nkf9P 'abcdefghijklmnopqrstuvwxyz y~-. BY: TITLE: Subscritied and sworn to before me on this $th day of MaY, 19 91. ~ Notary Public `Alphabet should be in the same size and kind of type as the notice. RATE INFORMATION Lowest classi L (1) fied rate paid by commercial users for comparable space . . . . . . . . . . . . . . . . . . . . . . . . . . $12.00 per col. inch (2) Maximum rate allowed by law for the above matter . . . . . . . . . . . . . . . . . . $8.93 per col. inch • (3) Rate actually charged for the above matter . . . . . . . . . . . . . . . . . . . . . $ per col. inch 1 /91 STATE OF MtNNESOTA COUN7Y OF RAMSEY CItY OF ARDEN Ii1LLS ORDINANCE NO. 280 AN ORDINANCE RELATING TO THE CAq~E TELEVISION Ffi1?MCHISE REOULATIC~l3 Ff~ TNE C17Y OF ARDEN HILLS. ~ The Arden Hills City Council ordains that Sections 11.8, 111.4, 111.5(B), III.S(C), III.S(D), 111.8, 111.10, VI.4(E)(4), VIS(B), VlIf:4(C)(7), VIII,S(A), and XIV.2(C) of Appen- dix B of the Arden HIAS Ciry Code relating to Cable N- Franchise Regulations shall be amended to reed; and Section III.S(E) of such regulatians shall be added to read as follows: -$ection 11.8. All notices, reports 4r demands required to be given in writing under thisfranchise shatl be Sectlon ,111.70. TAe standard VHF Channel 6 is deemed to be given when delivered personally to any hereby deeiQnaW }w uniform regional channel usege. E oHicer of Grantee or City's Administrator of this Fran- Use of tlme on the reglonal channel shell pe me0e + chise or 48 hours afler it is depo@rted in the United available'without cMarge. ` States mail in a sealed envelope, with registeretl or cer- Section d1.4(E)(4). 7opics which may be discussed tified mail posFage prepaid thereon, eddressed to tha 'at any evaluatian session may include, but not be . party to whicb tbe notice isbeing given, as iollowsr limited to,'-servlce ratn slructures; franchise fe8; If to City: City of Arden Hills penafties; free or discounted aervices; applicatfon of City HaN new techrwlogies; :system performance; service provid- : 1450 West Highway 96 ed; programmirlg oHered; customer compleints; " 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- 934 Woodhill Drive . ty RuleS. Rosevflle, MN 55113 Sectlon VI.5(B). GrBntee may be approqed; and this . ATTN: System Manager Franchise or modification to it may be renewed; by Ci- Such addresses may be changed qy either party ty in accordance with tAen existing rules of the FCC, upon noticeio the other party given as prDVided in this the State of Minnesota, the Cky and gll otlier appNCable Sebtion lews, ordinances, rules or regulations: Section 111.4. The Grantee shall constvuct, maintain Sectfona VI11.4(6)(7), Far failure to provide the ser- ; and continue to provide ap facilities and ec}uipment sei vices Grantee has proposetl, including but not limited ` forth in the Ottering inaluding, but not liluited to, the to the implemeMation and the utilization of the access , headend, hubs, disiribution system, and other facilities. channels entl compl'iance wRh the ResWulfon Trensfer- ' Grentee's plan as set forth in the Oflering, for im- ring Community Programming Resporisiliilities From , plementing the construction, utilization, Sy,Slem perfar- Group W Cabie o}'the North Suburbs, Inc. d/Wa Cable mance, and inaintenance of these faciliti,, including TV Norih CeMral and Amendment Agreerneni No: 2, ' its plans for accommodating future growthand chang- the penalty shall be Five Hundred Dollars ($500.00) per ing needs and deSireS, shall be fully -,gnd timely day for each dey, or pert.thereof, such failure occurs performetl. or continues. SeoHon 111.3(B). Grentee will prwide an eudio/video ' Sectlon VIII.S(A). At the commencement of this fran- emergency alert override System that will p mit the in- chise, flnd at all times thereaRer until LRrantee has li- ferrupfion by designaied City otficials of al sudio (in- quidated all of its obligafions witb Gity, t',rantee shall cluding FM) and video programming, ytastructing maintain with Cky a bond in the sum of FiRy ThousanB citizens where to switch for er~lergency Dollars ($50,000.00), which shall be replgnisbable and announcements. ' increased to Two-Huntlr9d Fifty Thousand Sectlon lII.S(C): Grantee sball provide at least thir-' ($250,000.00) in the sole discretion of Ciry, in such form teen (13) channels for Sccess use for the following uses: ' and with such' sureties as shall be acceptable to City, two (2) public aCCess, en educational access, a govern- , condNioned upon the faRhful performance by Grantee ment accesS, one (1) leased access, a local origina- of tM3 FranChise,2int1 the acceptance hereof given by tbn access, a religinus access, a special needs access, Grant¢e end upon Ihe further condNiort thffi in the evert • a librery access, a higher education access, a com- Grantee shall fail to comply with any law, ordinende or muniry access, and two (2) public school district access regulations, there shall be recoverable jointly and channels (hereinafler "access channW'). All residen- Severally trom the principal and surety of the bond, any tial subscribers who receive all or any parf of the total , demages or losses suHered by City as a result, in- . services offered. onthe System shall also receive all : 'cluding the tull amount of any compensation, indem- ot said thirteen (13) access channels at no addRional 'nification o* cost of remmal 01 any property of Grarnee, Charge. All channels shall.be activated upon System , innluding a reasonable allowance for attorneys' fees 9ctNatiom and thereafter maintained. and costs (with interest at two percent (2Mo) in excess Ssctlon II1.5(D). The City anU its designee shall have ' of tFre then Prime Rate), up to the full amount of the ~complete antl unrestricted access to the 8ccess chan, bond; and which bpod shoA further guarantee payment 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 of the cable and related active and passive electronics reason of the wnstiuction, operatron,.maintenance ar which carry said access channels (exclnding all equip- use of the Sysfem. ~'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- VHF spectrum shall be used for at least ane of the Administretor and the origirials or reproductions thereof specially designated non-commercial public access shall be available for inspection by the puWic during ehannels required unless specificalty waived Gy the Ciry normal busirress hours. . or its designee. No charges shall he made for channel ; The Arden Hllls Clty Cbundl ordains that 8ectiens Yme or playback of prerecorded programming on ac- ' 1145(D)(1) through 111.5(DN3), IX.1(B)(2ud), and cess channels except the le$sed aceess channel which XIV,2(C~f ) through XIV.2(C)(8) of Apper~c B of the 'shall remain in the exClusivb control of GraMee. A1den Hllls G[y Code releting tp ((able Ty Fmnchise ` Section 111.5(E). Whenever any of the access cban- RegutaGons are hereby npealed. 'nels is in use during 60 peroent of She weekdays Efleetive Date. This aidinance shall be effective the (MOnday-Fiiday), for 80 percent of the time during any day following its publication. consecutive three hour period for six weeks running, Adoption Date. Passed by the City Council of the. `ahd there is demsn4l for use 76f an additional channel Ciry of Arden Hills the 291h.day of 4ri1,:1991.'- , for the same purpose, Grantee shall then, have six /s/ Thumas SatheY moMhs in which W provide a new specially designaled Mpypr "ao4ess channel for the same purpose at no additional ATTEST: Gary R. 8erger % cost So subscribers. Administretion Sectlon 111.8. The System servicing the Cities of (Bulletin: May 8, 1991) Arden Hills, Falcon Neghts, Lauderdale, Little Canada, Mounds View, Plew Brighton, North Oaks, Roseville;, $t.'Anthony, and SFroreview shall be completely inter- eonnected. GraMee will cemply with all present and future laws regardip9 interconneFtion of systems, and - will Cooperate with etry agencies or utiHties involved with jnterCOnnectlon. At such times as interconnection is re- ';quhad, Grarttee sMeO eecariiplish this wNhout additbnal charge to subscribers. System shall be initially co`n- , structed so that other systems now or hereafter coo- structed in any area adjacent to System or within the metropolitan areg (If technologically.feasidle) inay be intercopnected with System upon request vf City and apreement with other System's Grantot antl Cable Com~arr my 'llxante,e~w r~,yeoqreahicaPi~c9ntiguous' ~ syst6s they shall be Cnteiconnected wdh Sy91em upon A1,quesRot,Cily in ,~,gitya~q!!s and to such ex;ent sucHiconneLtlon'isYecfmiCSliy and economically feasi- - ''~le. Gi9ittit NhaY'f interdinnect chaqiiiii*#wignmed by City with bhannols of other systems in all cases in which other sy5tem(g) irMicate in wnting a desire to pro- vide an adeQuals, ahWa of fecilitie5 and budget for such interconnection. ln any event, both parties to this agree- ment desire interponnection of the system to the , greatest extent of technical and economic feasibility.