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HomeMy WebLinkAbout85-010 7-"-7 ~;~~~IW STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS RESOLUTION NO. 85-10N . RESOLUTION APPROVING CABLE COMMUNICATIONS OFFERING AMENDMENT AGREEMENT NO. 1 AND AUTHORIZING MAYOR AND CLERK-ADMINISTRATOR TO EXECUTE THE SAME ON BEHALF OF THE CITY WHEREAS, Group W Cable of the North Suburbs,Inc. ("Group W"), a Minnesota corporation, is constructing a cable communications system in the ten (10) cities constituting the "North Suburban Area", as that term is defined in Section 2.N. of Ordinance No. 226, as amended, and WHEREAS, the North Suburban Cable Communications Commission (the "CoDDDission"), the cOlIBDission established by the municipalities comprising the North Suburban Area, and Group W have been in dispute since the Fall of 1983 concerning a variety of issues including, but not limited to, the construction timetable, rates, changing the system from an activated dual cable system to an activated single cable one, and the provision of local origination and access services and equipment, and WHEREAS, after eight months of negotiation, Group Wand the Commission have negotiated a settlement of such dispute, the terms of which are embodied in Ordinance No. 233, an Ordinance amending Ordinance No. 226, the Cable Comnnmications Ordinance, and in the "Cable Communications Offering Amendment Agreement No.1" (the Amendment Agreement"), NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Arden Hills that the Amendment Agreement be and it hereby is approved in the form submitted to the Council with the exception that "226" should be inserted in the first line of the first recital thereof after the words "City Ordinance No." and that the Channel Chart referred to in Paragraph 8 of the Amendment Agreement should be attached thereto as Appendix III thereof. BE IT FURTHER RESOLVED, that the Mayor and the Clerk-Administrator, if necessary, be and they hereby are authorized to execute the Amena.ent Agreement on behalf of the City of Arden Hills and to deliver it to Group W for execution. Passed this 11th day of February, 1985. Robert Woodburn, Mayor . Attest: Charlotte McNiesh Clerk-Administrator .~\ rABIE <nttl.MCATIOOS CFFERnI; AMENrI1EN1' AGRm1ENr Rl. 1 City of Arden Hills . nns AGREI!MENT, made and entered into this 11th day of February , 19S5, by and between the City of Arden Hills ,a HiiIcipal CorpOration of the State of Minnesota ("City" or "Grantor"), and Group W, Inc., ("Grantee"). '!he Grantor and Grantee (collectively referred to as "Parties"). Wl'lNESSElH WHERlWl, pursuant to City Ordinance No. 226 , the Grantor has granted and the Grantee has accepted a non-exc1usive revOCiiE!e franchise to operate, construct, maintain and reconstruct a cable television systEm within the City ("Franchise Agreenent"); and . WHERlWl, the Parties desire to modify and clarify certain provisions contained in the Franchise Agreement; .' tDl ~, in consideration of the 1IIUtu8l. ccwenants contained herein the Parties agree _ fbll<*8: 1. J)Ja1. Cable - Initially, Grantee's dual cable systelll will have one cable activated with a fifty-nine (59) chamel capacity. '!he City, or ita designee, will consider during its regular evaluation sessions of Article VI, Section 4.E.(2) of the Franchise Agreenent the activation of the second cable or any other change 'ibich might increase channel. capacity. 2. Drops - At the time of installation of the dual cable systelll, Grantee shall install both dual aerial and 1.ndtol.lS'ouomd drops to each heme and institution mf.ch is to receive cable services. 3. Construction Deadline - Providing that Grantee has callpleted the construction and the requirements for equipuent, facilities and staff of the system by lbvenber 12, 1984, unless otherwise agreed to by City and Grantee, Grantee shall be released and discharged frail any penalties or sanctions 'lohich otherwise might have been imposed against Grantee as a result of such delays prior to lbvEmber 12, 1984. !iloul.d the systEm construction and the ~equirEments for equipDent, facilities and staff not be callpleted and callplied with by Novanber 12, 1984, the Coamission or its member cities may impose retroactively to May 12, 1984, any sanctions otherwise available in the Franchise. 4. Rate ~ation and Services Article VI, Section 4.A.-D is amended in its entirety as set forth in Appendix II. thiversal Service-Tier I shall be continued. Tier II (EconaDy Service) shall be discontinued. Tier III shall l-e<-CGIe Tier II, and Tier IV shall becaae Tier III. y' . :. . '!he Grantor agrees that the Grantee may charge $10.75 for each pay service, except: Home '1beater Network, Plus, for tidch Grantee may charge $5.95. 5. Rate Freeze - '!he rate freeze specified in Article VI, Section 4.C.(2), is hereby redUced to one -,ear frcm the date on llhich Grantee notifies Conmission in writing ~t 541 miles of cable plant have been built and are fully activated so that subscribers along the activated plant may receive cable service. 6. Cbnverters - Each sdlscriber other than lbiversal Tier subscribers shall be furnished with a 60 chamel converter. Grantee may charge $5.95 for remote channel CXIlltrol, if the Qscriber wishes to have a converter with this optional capability. 7. Pa::~ - Grantee shall have the right to package its services and to provide scounts for Qscribers taking more than one service. 8. Channel Chart - Upon activation of the systBD, the system shall carry the pr'ogrllDDing set forth in Appendix III. 9. Intem ~an - Within thirty (30) days after the effective date of this lluendaent lb. and annually during the term of the initial francbi8e thereafter on the lDIiversary of such initial payment, Grantee shall pay in accordance with this agreEment mcI agreEments with the other Cities a total of . $5,000 to the OmIission to be ....ded to an tndividual(s) Hlected by the Conmission as a "Group W Scholarsbip". '!be $5,000 annual payment shall be . increased by a percent equal to the largest single rate increase for any one service of Group W in the pr'eceding -,ear. 10. Interconnect - Grantee shall extend its plant by lbvember 12, 1984, to Spring lake Park so as to pe11IIit two-way int:.:tu........etion of the system to the tbrth Central Suburbs cable systEm. 11. PraDotion of (':;"'i~~_~ - Grantee will CCll1lIu:t a praDO- tional canpaign concurrent ac vat on of the systBD for $10,000 in excess of that already proposed in the Offering emphasizing the availability of public access equ1pDent, training workshops for the public, intem progran for students and other aspects of camIUllity progranming. 12. Indemnification - Within thirty (30) days after the effective date of this .amenauent lb. 1, Grantee shall pay the Conmission $150,000, 1i1ich shall not be construed as an advance on past or future franchise fees. 13. Survival of Other Tenls of the Franchise Agreement and of Offer~ - All other provisions CXIllta1ned in the Franch1se AgreEment and Oftering shal renaain in full force and effect, m1ess specifically modified by this agreement and subsequent aoencbents of said Franchise by Cities. . 14. Absence of Admissions - '!he Parties agree that nothing CXIlltafned herein shall be deened an mission by either party that it has either failed to perfonn any obli~ions mder the Franchise AgreEment or breached that Franchise Agreement in any manner. . -2- . 1S.Govem~ Law - '1his agreement shall be construed and interpreted in accordance with lawB of the State of Minnesota, and shall becaae effec- tive if apprOl1ed in substantially the same form by all the Cities and accepted by the Grantee within sixty (60) days of the date first above written. 16. Authori!;! of the CcmDission - tbthing in this agreement shall modify the responsibility and authority previously delegated by the City to the CcmDission. m Wl'lNESS 'wnum.J.lt, Grantor and Grantee have executed this agreement as of the date and year first above written. cmOF a IlUlicipal COl:poration , Date: By: Mayor , GROOP W CABIB, IlI:. Date: By: ' President ALl~: . -3- GROUP CABLE -. NORTH SUBURBS CHANNEL CHART 2 . (2) KTCA (PBS) 3 . Public Access (System Wide) 4 . (4) WCCO (CBS) 5 . (5) KSTP (ABC) _. 6 - Regional Interconnect 7 - Religious Access - NJT - E~ . NCT 8 - Higher Education Access!Private School 9 - (9) KMSP (Independent) . 10 . Government Access 11 - (11) ,WTCN (NBC) 12 - Local Origination" Local.. News & Sports 13 - Educational Access 14 - Reserved - FAA 15 . Leased Access 16 . Library Access 17 - (17) KTCI (PBS) 18 . School District Access I 19 - School District Access II 20 - (41) ml (Independent) .. 21. (29) KITN (Independent) 22 - Public Access (Community) 23 - Women's / Senior's / Special Needs Access 24 . BET / MSN 25 - C.SPAN 26 - Reserved for WCCO II 27 - COmmunity Bulletin Board (FM Stereo 103.31 28 - SPN 29 . WGN ToV. Chicago .. 30 - Cable News Network , 31 - CNN Headline News ~2 - MTV . Music Television (FM Stereo 104.5) Wi3 - The Nashville Network '(FM Stereo 104.91 I 34 . USA Network 35 - ESPN 36 - SIN 37 . WTBS T.V. Atlanta 38 . PROGRAM GUIDE 39 . UPI News Service (UPI Sports) 40 . LifetimelCable Health-Daytime-BETA) 41 0 Arts and Entertainment 42 - FiIllll'lda1 News Network 43 0 NlckeIodeon I Arts 44 . PaVorer-View 1 45. BRAVO(FM Stereo 105.71 46 0 The Learning Channel 47 . CBN 48 . DISNEY (FM Stereo 99091 49 . H1N . PLUS (FM Stereo 102.51 so . SHOWllME (FM Stereo 98.9) 51 . HBO (FM Stereo 100.71 52. CINEMAX (FM Stereo 103.71 53 - The Weather Channel/ Radar Weather 62 . Reserved for SPECTRUM or Future Programming 63 - Reserved for GENESIS STORYTIME 64. Reserved for the NOSTALGIA Channel 65 - Reserved for Future Programming or Twin Cities Public Television 66 - Reserved for Future Programming or Interactive Services .67. Reserved for Future Programming or Interactive Services 68 . Reserved for Future Programming or Interactive Services FM STEREO CABLE WCAL _eId ItMl1J MpIs >>01 MpIs, lED ill Paul IWIiI 1IpIs,. ill 1'0.1 DIMIIpIs kQRS Golden v.u.y mwo_1cI J:IWIf -. WAn 1IpIs, wm Ilpb, ItSTP ill PouI KNOf ill hul wu:x _ LoIoe wa:o MpIs, J:TCa IIpIs. UJO .......... Port ImS It_. WI.OL a PouI WFMT G*IIo NOAA WW\l IIU Qaslcal 119,7 OOmmunlry . to.3 PublIc ,.,..,. to,7 CDomtry ,1.1 Oosslcal '\.5 _ 12.5 IIodc 12,1 IIodc 12,3 ..... 12.7 Eosv LlsIonIn& '4.1 1011110.. 91,S CIont..._ !IS.3 ReIJl!o.. !IS.I CcmIemporory '65 ConIornpoqry WI.I CDomtry WI.7 CDomtry .5 lellllous .,5 ConIornpoqry 101 ,I 00nlcaI 105.3 __ 107.7 n.. WCABLE 834 Woodhill Dr. RoIevllle, Mn. 15113 "'- w ClIbIe, ......" -''Y fA WEsnNGI40USE IIllMDCASTING AND CAIIL lNC. Business omce Hours 9:00 A.M. to 5:00 P.M. Monday thro Friday ADy Q.uestions Concerning Sales & Administration: 483.6971 . . .". /Jf~ "'. '., _ /.' ''/ /1/ Billing: 481-9548 ~ Repair/Service: 481.9545.