HomeMy WebLinkAbout#226 Cable Communication Commission
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SECTION 6. INSTITUTlONAL NErWORK PenaNies may be asseued apalnst Group W b, Ury )
TAe Sysfem shall indude a separate Institutional and collecfed directly from ttie Lefter of Creurt. The I
nE1WOrk which will permit 78 Seperete televi51o0 LEttBr M Credlt TuST be OlaiplainEd pur5U2M t0 the
channels io be sent ta each institution and 16 cnannels to Procedures and requlremenls of ihis sectlon.
be returned. SECTION S. 80ND5
SECTION 1. SERVICE TO PUBIIG BUILDINGS AND Group W must mainiain wiM the CiTy a bond con-
EDUCATIONAL INSTITUTIONS ditioned upon the faifhful performance by Group W ot
Group W will provide instltutional netwoYk servire to the irenchlse, and further condiYrorced upon ftle iMms
at leasi 83 insfitufians listed in Sedion 1 of the ffanchise. and requiremeMS uf ihis secTion.
SECTION A. INTERtONNECTtON ARTICLE IX. -
~ The System servin9 the cities of Arden Hills, Falcon 6EFAULT
Neights, l.auderdale, LitTle Canada, Mounds View, New SECTION 1. NOTIGE AND DEFAULT
BrighYOn, North Oaks, Roseville, 51. Anffrony and CiTyshallnotifyGroupWinwrttirqofviWationSOfMe
Shoreview shaRl be completely iNerconneded. The franchise. Grouµ W shall have thirty days fo cure such
System shall also be constructed so ihat ofher sysfems default, or be subject fo the procetlures of Mis sectlon
noworhereafierwnstructedinanyareaadfacenifofhe leadingtotermfnationoffhefranchlse.
System may be interconnected. SECTION 7. CROSS DEFAULT - SECTION 9. NARROWCASTING If Group W is in delault of any M the franchisesM the
The Sysiem shaR be capable of sending programs to ciifesof Arden Hills, Falcon Heighis, Lauderdale, Liftlq i
each community separately so that the residenfs of one Canada, Mounds View, New Briphton, North Oaks,'
commonity may view a given program while at the Roseville, Sf. Antlwny and Slrofeview, Minnesofa, any,
same time, residenis ol another commuoify may watch one ol tlrose cities may declare Group W in defaull W ail ~
'
difiereni programming at the same tlme on the same ten franchises.
' pRTICLE X.
channel.
SECTION 10. REGIONAL CHANNE4 FORECLOSURE, RECEIYERSHIP
- The standard VMF channel 6 is designdtetl for AND ABANDONMENT
unNorm regional channel usage. SEtTION 1. FORECL05URE
ARTICLE IV. Upon the loreclosure or judicial sale o/ the System,
SERWICES AND PROGRAMMING, the provisions M the iranchlse governinp conseM to
SUBSCRIBER CON7RACT5, CQMPLAINTS iransfer or change In ownershlp shall apply.
SECTION 1. SERVICE3 AND PROGRAMMING SECTION 7. RECEIVERSHIP
programming shall De provitled as specified in the City shall have the right to cancel the (ranctilse 140
proposal of Group W, Programming shall be adtled and days etier the appointmenf of a recelver or truatee.
deiefed pursuani ta the procedures of Sedion 1. SECTION 7. ABANDONMENT
Group W may not abantlan any portion of the System.
SECTION 1. INTERRUPTION OF SERVIGE AND qny such abandonment mey he tleemed a tause Ior I
ORDINANCE N0. ]]6 SUMMARY tOMP4A1NT5 terminafion of the franchise. , Final Franchise Service shall noi be interrupted unless absolWely pRTICLE XL Norih Suburbin - necessary. If service is interropted for more than OB pURCHASE OF TME SYSTEM -
CaDle Communicafions Commisslon bours, subscriber shall be credited pro-rata for such SEC710N 1. GENERAL
An ortlinance, includlnB addenAUm with exhlbits, tnfarruptlon. An oftice shsll be malntained in the area The Section provides for the Cify's riplit ta purchax a
Branting a franchise fo Group W Cahle of the Norlh and shall be capable oi receiving complainis and syslem,eiTherpursuanltothetermsandcondlfionsofa
Suburbs, Inc., a Mlnnesota corporation (herelnatter requests (or repairs or adlustmenfs at any time seven bona firle purchase offer whlM Group W is wllfinp to
"Group W") to operafe and malntain a ceble Com- qeys per week. 7his seciion furiher Uefails subscrlbar accept Yegarding the syatem, or in the event o1 Ipr-
munications system in the CiTy o( Arden Nllla sefting compleint pro[edures. feiture, revacation or terminatlon 01 the Iranchise,
forfh conditions accompanying the grant o( franchi5e; AR7ICLE V. SECTION 1. PROCEDURES
providing for requlation and use of the system; and CONSTRUCTION, INITIAL SERVICE AREA, The procedures lor the Ciry's electlon to exercise its
preuribing penalties for the violation of its provisions. LINE E%TENSION AND righi fa purchase the Sysfem are confained In ihis
S7A7EMENT OF INTENT AND PURPOSE; FfN- CONSTRUCTION STANDARDS section. The praedure provides (or City's ripl~t fo ac-
OlNGS. -SECTION 7. INITIAL SENVICE AREA cepi the terms of a pending purchdse oFfer, or the ap-
The Cify of Arden Hills (hereinafter "City'•) adopis a All areas containing dweiling uniTS within the cify pointment of an arbitration panel to establish the ierms
cable television (ranchise to bring about the tlevelop- shail be construcied as the fnitial service erea. anE [onditloos of the purchase of the system.
meni of a cable television system and the continued SECTION 1. tINE EXTENSION POLICY qRTICLE XI1.
operation ol iT to better facilitafe the communicafions Service shall be exfenued to ihose areas raf in the MISCELLANEOUS
needS of residenis of the C1ty and 1o befter ufillte and inifial servicearea pursuant to the formula of SecFion P. SECTIGN t. TRANSFER OF OWNERSHiP OR
improve public services. The Ciry Council found Group SECTION 9. CONSTRUCTION TIMETABLE CONTROLW's tecnNcal ability, (inancial condliion, lepel Group W shall construci subsTantially all areas of the Ownership In the sysiem may not be fransferretl
qualificallons, antl character to be approprlate to initial service area whiU contain dwelling units within r,riihout the prior written consent ot the City_ The
construct and operate a caDle televislon system wifhin eighfeen months oi the grantinq oi the Siate Ceryificate procedures for notifying the Clty o( the iranster ol
CirY. ol ConfirmaTion. Delays in consirucfion shall result in ownership, and City evaluation o1 said frens#er, are
ARTICLE 1. penalties prOVitlerl by the tranchise. providetl for in tbis section.
' SNORT 7f7LE AND DEFIHITiON5 .SEC710N 4. CONSTRUC710N S7ANDAR05 SECTION 7. REMOVAL AFTER TERMINATION OR
The Ordinance shall be known antl cited as the Cable Group W shall comply with all consiruction standards REVOCATION
Communicafions Ordinance. The deflnition section of the iranchise as welt as all applicable laws, or The Uty shall have t~e rig~f t0 require Group W fo
includes 29 terms which are tletined for the purpose of dinances, rules, regulations antl codes, federal, state remove, at Group W's exppnse, all or any portinn of the
the franchise. and local. Sysfem within City upon the revocation or terminatfon
ARTICLE 11. SECTION S. CONDtTI0N5 ON USE ofthefranchisepurSUanitothetermsaqdproceduresof
GRANT OF AUTHORITY Group W may not, in its consfruction of the System, }pis seciion. -
AND GENERAL PROVISIONS interfere with any gas, eleciric or televisian fixture, SECTION WORK PERFORMED BY OTHERS
SEtTION 1. GRANT OF FRANCHISE AND AC- water hydrant or main, or sewer line. ' Group W musf infarm the City of the names and ad-
CEPTANCE Section 5 a5o proviae5 procedures for the raising antl dresses of any entify other ihan GrOUp W wbich shell
The Ciry grants to Group W Cable a non~exclusive lowering of lines, trimming of irees, and the recognition p¢rform services pursuant to the fronchise.
franchise to be properly executed antl acknpwletlqed by of potenfial liability for persons damagin9 Group W SECTION a. GENERAL PROVISION ON R16HTi AND
. Group W and tlelivered lo Cify. Group W shall tleposit faciNties. - REMEDIES '
with City a nan-refuntlable acceptance fee for the ARTICLE VI. AII remedies and rigbts given to Ctry by ihe franchise
purpose of deferring the cosis antl ezpenses of SYSTEM-OPERqT10N5 are in-addition to any other righfs which Cify miyht
development o1 the franchise. Securify tleposits, leiters SEC710M I. INFORMATION AVAILABILITY oiherwise bave regardinq the SYStem Or Group W.
W credif, cerfificates o( insurence, bonds, and City shall have the rigbt of reasonable access to SECTION S. APPLICABLE LAWS AND COURT
organitational and creation tlocumenis of the compeny Group W's records. DECISIONS: SEVERp91LITY
must be delivered to City, _ SECTION 2: SERVICE CONTRACT The franchise must at all times be in compliance with
SECTION 7. AUTNORITY GRANTED If Group W maintains a service contract with sub- the rules ot the Minnesota State Cable BaarE antl all
The Cify granfs to Group W permission to use the scribers, the Torm of Said conTracf is detailetl in Section Iaws, ordinartces and regulafions oi federal, atale and
streets for erecting, consiroctinB, operating and 2. city government eelatinB to the cable television system
mainfaining the cable communicafions system. SECTIQN SUBSCRIBER PRACTICES and the franchise. If any provision of this franchise is
SECTION 3. AGREEMENT - There shall be no charge for disconneciion ot any dedared invalitl or void, fhat seciion may be Severed
Group W agrees to be bountl by all terms of the installation or outlet. Seciion ] also details Group W's irom the franchise with the remaining sections in full
franchise artcl to proviCe all services set fOrth in its rigM to disconnect for failure fo paY the moniMy sub-
force antl effed. If the CitY tletermines thaT a provislon
proposal to City. Scriber iees, of the franchise is atiected by law, ordinance ar
SECTION 0. FRANCHISE TERM SECTION 4. FRANCMlSE FEES, RA7E5, [HARGES, regylation, Cify shall have the righf to amend, modlfy,
The4ranchiseshallbeforal5yearterm. - CHANGES IH FEE5 AND PROCEDURES alter or repeal aoy provisions of the tranchise fo w[h
SECTION S. AREA Throughout the term of the tranchise, Group W shall reasonable extenY as necessary fo carry out the In-
The franchise is granted for the municipal bountlaries pay to Gity an annual fee of 5 perceM of all gross fended purposes ot fh9 franchise.
of the entire City, revenues. The rates provided in the tranchise shall be SECTION 7. GRANTEE ACKNOWIEDGEMEHT OF
SECTION 6. POLICE POWERS guaranfeedfor3yearsaiferthefranchiseiscertifiedhy ypLIDITY OF FRANCM{5E Group W's riQhis are subiQCi fo the police powers of the Baartl or uMil one year after completion oi con- Group W acknowledges ihaf if has reviewed the
the City, strucfion in the initiai service area, whichever is fonger. franchise and that under current faw Group W belir ves
SEtT10N 7. USE OF GRANTEE FACIUTIES _ Basic rates shall be regulated pursuant to ihe terms and that the (ranchise is not unreasonable or arbitrary.
The City has the right to install and malnTain any tonditions ot the Iranchise. Rates for premlum services ARTItLE lCll I.
fixiures ii desires upon the poles and fixtures of Group may be raised by Grwp W to the extent oi the increase pDMINISTRATION AND ADYISORY BODY
W. ' in the tonsumer price Intlex. Any increase in ratgs in SECTION i. ADMINISTRATOR -
SECTION B. WRITTEN NOTICE excess o( the Consumer Price Index musi be lustified to The City Adminisiralor oi the City's designee shali h2
All notices shall be delivered in writing fo the offices City pursuanf to sfandards antl procedures provided for responsible for the admioistratian of the franchise.
of City and the Ixal anA New York offices of Group W. in Setlion d. The City retains the right fo review the SECTION Y. ADYISORY BODY SECTION 9. RIGNTS OF INpfVIDUALS performance and technological upgradin9 of the The City may appoin} an aelvisory bodY Ta monitor
Mo signals shall 6e frensmittetl from the su6suiber System. Group W shall exercise its besf efforis To perlormance of Group W in executing the provisinns of
terminal excepf as required to provide service maintain a modern, state-ofihe-art System which is the franchise.
authorized by the teanchise and the wbsviber. Im comparahle to oiher operating cable television sysfems gECT10N DELEGATION OF AUTNORITY BY CITY
furmafion (rom subscriber terminals may rwf be similarfy situafed. The City may delegate af any time its righis or
gafhered or stored without the express written per SECTION 5. FRANCHISE RENEWAL - obligations under the franchise fo any body or
mission of the subscrioer. The ferms and canditions of The franchise may be renewed at any time for a organixation. -
the written authorixation are induded in this section, period ot up fo ten years or on a year to year basis at the
SECTION 10. tERTIFICATE OF CONFIRMATIOK tliscretion of the Cify. ARTICLE %IV.
Group W musf obrain a regular certificate of con- ARTICLE V11: (Reserved) JOINT SYSTEM, ACtEPTANCE, firmation from the Minnesota State Cable Baard. ARTICLE VIIY. INCORWORATION OF OFFERING,
ARTICLE 111. INDEMNIFICATION, INSURANCE, EXHIBITS, PUBLICATION
DESIGN OF SYSTEM lE77ER OF CREDIT AND 80ND SECTION 1. OTMER FRANCM15E5 SECTION 1. CMANNEL CAPACITY - SUBSCRIBER SECTION 1. GENERAL This Section acknowledges that the System i5 in-
NETWORK The City refains all rfgYits ol indemnifiwtion, in- . tended to be part of a joint system which serves the
A SysTem wpable of providing at leasf 107 down- surance, letter of cred4t or bond as provided in the cJtiesof Arden Hills, Falcon Heighis, Lauderdale, Litfle
siream channels shall be consiructed punuanf to the franchise. , Canatla, Mounds View, New Brighfon. North Oaks,
condifions of the proposal of Group W. SECTION 2: iNDEMNiFICATION AND INSURANCE Roseville, St. Anthony antl Shorevlew, Minnesofa, and
SECTION 4. PICTURE QUALITY AND TECNNICAL faroup W shall fully indemnify, defentl and hold that Group W shall compW wifh aN ten franchises of the
-REQUTAEMENTS harmless, City and all oi its agents and employees from above menfioned citfes.
Group W will be required to Transmit an undistorted liability and judgmenis lor damages in connecfion witri: SECTION TIME OF ACCEPTANCE; GUARANTEE;
signal to 1he subscriber, and further to comply with all Demage fo personsor properry, any daim arising out of INCORPOj2AT10N OF OPFERING; EXHIBITS
txhnical standards of their proposal and Federal the franchise, Group W's failure to comply with Groop W shall accept the franchise pursuanf to the
Communications Commission requiremenis, provfsions of the frenchise, or any daim Group W may procedures included in fhis section. The proposal of
SEtt10N 7. TWO-WAY CAPACITY have ayainsl City. Group W to the ten cities shall be incorporoted by
Group W shzll initially activate a twa-way capable SECTION 3. INSURANCE referenceintoihefranchise.5ummariesofihepropasa!
system. Group W shall mainiain liability insurance Por the shall be avaflable in the of(ICe of the Cify Clerk, the
SECT40N 4. FApUT1E5 entire term of the franchise lor amouMS as specified in public IiOraries, the local oHice of Group W, and the
Group W shall consfruct its facilfties as set forth in ifs the franchise and pursuant to the minimum office of any schoal disfrid in the City. The exhibits io
proposal to the CiTy, . requirements of tnis section. the franchlse are: Exhibit A- Group W scriedule ot
SECTION S. 5PECIAL CHANNEL AND pCCE55 SEC710N 4. LE7TER OF CREDIT rafes; fxnibit B- Form G, pape 2 of 40 (Group W's
REpUIREMENTS Group W shall maintain an irrevocable and un- anticipated sy4lem prowih and rate increase projec-
The System shall wrry broadcast stations, an cnntlirional Letter of Credit. 7he Letter of Cretlit shall tions); Exhibit C- the olfering (proposaU of Group W;
emerBency overritle channel and 17 spscial access - provide Mat funds be paid to the City upon demand by ExhitriT b- Group W lefter to the North Suburban
channels indutling pu6lic (4), eduwtional, gnvernment, the City pursuanf to the procedures and minimum Cable Commission dafed April 1, 1982.
leasetl (5), regional, religious, senlor citizens, library, requiremenls of this settion. This settion furiher 7peordinancewaspa5sedantlatlopteCThel3thdayof ~
. higher education, public xhooi (Z), anC a private Sctrool provides minimum amoums for penalties such as September, 1984.
access. The Eranchise tletails specHic acceu rules failure to construct the sysTem and leilure to co,mpty {gyllelin: Sept. 43, 1982)
which must be tleveloped OX Graup W. . with fernls ano canditions of the fraachise. Said - ' „
a
SECTION 6. INSTITUTIONAL NETWORK penaNies may he assessed against Group W b City
Ttle System shalt indude a separate institutional end collected directly from ihe LMter of Creo.r. The
reefwork which will permit 38 separate felevision Letter o( Credit must be maintained pursuant to the
channels to be sent fo each institution and 16 channels to Procedures and requiremeqts of this sectlon.
be returned. SECTION S. BONDS
SECTiON 7. SERVICE TO PUBLIC BUIIDINGS AMD Group W must maintaln wifh the Cify a bpnd con-
EDUCATIONAL INSTITUTIONS ditioned upon the faithful performance Gy Group W of
Group W will provitle institutional network service to the IranChise, antl turiher conditioned upon the term5
at least 83 instiTUtions listed in Seetion 7 0( {fie franchise. and requiremeMS of ihis section.
SECTION B. INiERCONNECTION ARTICLE Ilf.
The System servinq the cities of Arden Hills, Falcon DEFAULT
Heighfs, Lauderdale, Litile Canada, Mounds View, New SECTION 1. NOTICE AND DEFAULT
Brighfon, Norih Oaks, RosevHlp, St. Anihnny antl CifyshallnotityGroupWinwritinqoFviolationsofthe
Shoreview snall be completely inTePCOnnected. The rranchise. Group W shaN Rave ihirly daYS fo cure such
System shaN also be consiructed so ihat other systems default, or be subject to the prxedures of this secti0n
noworhereaftercnnsirudedindnyareaadjacent tothe leading to termination of tAe iranchise.
System may be interconnected. SECTION 7. CROSS DEFAULT
SECTION 9. NARROWCASTING If Group W is io tlefauli W any of the franchises M the
ihe System shali be capable of sentling programs to citiesot Arden Mills, Falcon HelBhfs, Lauderdale, Little F
each community separately so ihal the resideMS a( one Canada, Mounds View, New 9riphton, NortA Oaks, !
community may v'rew a given program while af the Roseville, St. Anihony and Slwrevlew, Minnesota, any'
same time, resitlents of anofher communify may wafch one of fhase cities may declare Graup W In QefaWt of all i
d4flerent programming at the same time on the same fen franchise;.
channel. ARTICLE X. SECTION 10. REGIONAL CHANNEL FORECLOSURE, RECEIVERSNIP
- The sfandartl VMP channel 6 is designated for AND ABANDONMENT
unNorm reQional channel usage. SEtT10N 1. FORECLOSURE
ARTICLE IV. - Upon the Soreclosure or judkial sale of the System,
SERVICES AND PROGRAMMING, the provisions of the franchise governiny consenf M
SUBSCRIBER CqN7RACT5, COMPLAINTS transfer or change in ownership shall appiy.
'
SECTION 1. SEFVICES AND PROGRAMMING SECTION 2. RECEIVERSNIp Programming shall be provided as specified in the City shall have the right to Cdncel the francAlse 140
proposal of Group W. ProgremminB shall ne added and daysaffer iheappoiniment of a r@ce{verortrustee.
deleted pursuant ro the procedures of Section 1. SECTION 3. ABANDONMENT Geoup W may not abandon any portion of the SYSfem.
, - SECTION Y. INTERRUP710N OF SERVECE AND qny such abandonmenY may be deemed a cause for I
ORDINANCE N0. 776 SUMMARY COMPLAIN75 terminafion o1 the (renchise. ~
Final Franchise Service shall not be interrupted unless ahsolatety AR7ICLE XI. NorTh Suburban necessary. Ii service is interrupted tor more than 48 pURCHASE OF THE SYSTEM
Cabl¢ Communications Commission hours, subscriber shall be cretlited pro-rata for such SECTION 1, GENERAL
An ordinance, including addendum with exhibifs, interruption. An office shall be maintained in the area The Section providesfor the City's riBht fo purthase a
grantiny a franchise to Group W Cable of the North anO shell he capable of receivinp complainis and system, either pursuanf to the terms antl contlitionsof e
buburbs, Inc., a Minnesora cotpnratton (herelnafter requesfs for repalrs or adiustmenta at any time aeven pona fioe purchaxe offer which Group W Is wllling to
"Group W") to operete ana malntain a cable com~ days per week. This sedion furfher tletails subscriber accept reqartlin9 the system, or in the evenf of for
municatiMls sysrem in the City ot Arden HIliS settinp cOmplaint procEdures. feiture, revocati0n or Terminetion of the franchiaer,
forth contlitlons accampanyinq the granT oi franchiee; ARTfCLE V. SECTION 2. PROCEDURES
providing for regulaflon and use of the system; and CONSTRUCTION, INITIAL SERVICE AREA, The procedures for the City's ele[tion fo exercise its
pres[rlDinfl Ppnalties lor the vialafion of its prpvisions. . IINE EXTENSItlN AND right ]p purchase the System arE cqntelnrd In thls -
STATEMENT OF 1NiENT ANO PURPOSE; FIN- CONi7RUCTION STANOARDS seclioa The procepure provldes tor City's riqht to ac-
DINGS. SECTION 1. INI71pL SERVICE AREA cept the terms of a pending purchase offer, or the ap-
The Cify of Arden Hills (hereinafter "City") adopfs a All areas containing tlwell5ng units within the city poinYment Of an arbitration panel fo esfablish the terms
cable television franchise to bring about the develop- shall be consiructed as the initial service area. and conditions of the purchase of the sysfem.
ment o( a eable felevision system and the wntinued SECTION 7. LINE EXTENSION POLICY AR7ICLE XII.
operation of it to better facilitate the communitafions Service shall be extentled to ihose areas not in the MISCELLANEOUS
needs of residents o( the City and fo better utilize and initial service area puesuant fo the formula nf Section 4. SECTION t. TRANSFER OF OWNERSHIP OR
improve public services. The City Council found Group SEC710N 3. CONSTRUC710N TIMETABLE CONTROL
W's iechnicel abilily, finandal contlltion, legal Graup W shall construct substantially all areas of the Ownership in the system may nof be iransferred
qualifieeflons, and ch2racter to be apprapriaTe fo inifial service area which coniain dwelling units within vufftwuf the prior written consent of the Ciiy. 7be
consfruct and operafe a cable television system wiMin eighteen moMhs ot the granting of the Siate Certfficate procetlures for notifying the City of the iransfer oi
City. of Coniirmation. Delays in wnstruction shell resulT in ownersAip, and City evaluation of saitl frensfer, are
ARTICLE 1. penalties provided by the Iranchise. pravided for in this section.
' SHORT TITLE AND DEFINITIONS SECTYON 4. CONStRUCTION STANDARDS SECTION REMOVAL AFTER TERMINATION OR
The Ordinance shall be known and cited as the Cable Group W shall comply with all constrodion standards REVOCATION
Communications Ordinance. Tne deflnition secfion of the franchise as well as all appfiwble laws, or 7he City shall have the right fo require Group W to
includes 27 terms which are defined for the purpose of dinances, rules, re9ulations and codes, federal, state - remove, a1 Group W's expense, all or any portlon of the
the franchise. antl local. ARTICLE II. SECTION S. CONDI710N5 ON USE System within Cify upon the revocation or termination
GRANT OF AUTHORITY of the (ranchise pursuant to the terms and procedures of
. Group W may rrof, in i!s consfrudion of the Sysiem, ihis secfion. AND GENERAI PROVISIONS intertere wifh any gas, eledric ar television lixiure, SEC710N WORK PERFORMED BV OTHERS
SECTION 1. GRANT OF FRANCXIS£ ANO AC• water hydrant or main, or sewer line. ` Group W must iMorm th2 CitY of the names and ad-
CEPTANCE SzcYion 5 a5o p; ovides proceduree tor the raising and dresses ot any entity other ihan Group W wtiich shalf
The City granfs in Group W Cable a ran-exclusive lowering of lines, irimming o( trees, and the recognition periorm Services pursuant to the francAise.
Iranchiseto be properly executed and acknowledged by of potential liability for persons damaging Group W SECTION a. GENERAL PROYISION ON RIGMT5 AND
. Group W and delivered to City. Group W shall deposif facilities. REMEDIES wifh City a nom-refundable acceptance fee for the ARTICLE VI. All remetlies and righis 9iven to CiTy by the franchise
purpose of deferring the casfs and expenses at SY57EM'OPERA710N5 are in addition to any other rights which Cify mighf
tlevelopment of the Iranchise. Security tleposits, letfers SECTION 1. INFORMATIOH AVAILABILITY otnerwise have regarding the SySTem or Group W.
M credit, certificafes o( insurance, bonds, antl City shall nave the righf of reasonable access fo SECTION S. APPLICABLE LAWS AND COURT
organixational and creation documents of the company Group W's records. DECISIONS: SEVERABILITY
musi be delivered to City. SECTION 2: SERVIGE CONTRACT - Tlie Iranchise musi at all times be in compllance wifh
SECTION 1. AUTHORITY GRANTED If Group W mainfains a service confracT with sub- 1he rules of the Minnewta Sfate Cable Boartl and all
The Uty grants to Group W permiSSion to use the scribers, the form of 5aitl contract is aetailed in Section laws, ordinances ana regulaflons of federal, state and
sireets for erectin9, consiructing, operatinp antl 2, city government relafinB to the eahle teievislon sy4lem
maintaining the ca61e communications system. SEtTION 7. SUBSCRIBER PRACTICES antl the franchi3e. If any provision of this franchise i5
SECTION 3. AGREEMENT There shall be no charge for Uisconnecfion of any declared invalid or void, that section may be xvered
Group W agrees to be bound by all terms of the installafion or autlet. Seciion 3 also defails Group W's from the franchise wifh the remaintnp settions in full
irentbise and io provide all services set (orfh fn its righf to disconnecf for faiWre to pey the monihly suh- force and effect. If the City determines fhat a prOVis7on
proposal fo Cily, scriber fees. oi the Iranchise is affeciRC by Idw, ortlinance or
SECTION C. FRANCMISE TERM SECTION 4. FRANCFi1SE FEES, RATES, CHARGES, repulation, City shall heve the ripht To amend, modify,
ThefranUiseshallbeforal5year ferm. CHANGES IN FEES AND PROCEDURES elter or repeal any provlsions of Thefranchlse ta such
SECTION S. AREA Throu9houl the ferm o( the frenchise, Group W shall reasonable exfenl as necessary fo carry oui the in-
Thefranchiseisgrantetlforfhe munitipal6aundaries pay fo City an annual fee of 5 percent ot all grnss tended purposes ot ihe iranchise.
of the entire City. revenues. The rafes provided in the franchise shall be SECTION Z GRAN7EE ACKNOWLED6EMENT OF
SECTION A. POLItE POWERS guaraMeedfor 3 years after the franchfse is certifled by ypLIDlTY OF FRANCHISE Group W's righis are subjecf to the police powers ol the Board or uMil one year after completion of com Group W acknowledges that it has reviewetl the
the City. struction inthe initial servicearea, whichever is longer. tranchise and ihat under currenf law Group W belir,res
SECTIOH L USE OF GRANTEE FAGLITIES BaslcratesshallberegWatedpursuanttoihefermsand ihat the franrhise is rwt unreasonableor arbRrary.
The City nas the righf fo insfall and maintain any condltionsot ihelranchise. Ratesforpremium services ARTICLE XII1. fixtures il desires upon the poles and fixtures of Group may be raised by Group W fo the extent of the increase ADMINISTRATION AND ADVISORY BODY
W. • in the Consumer Price Index. Any increase in rafes in SECTION 1. AOMINISTRATOR SECTION B. WRITTEN NOTICE excess ot the Consumer Price intlex must be iustifietl to The City AdminisTrator or the City's designee shafi he
All nofices shall be delivered in writing to the offices City pursuanf to standards and procedures provitled for responsi6le for the adminisiration of the frdnchise.
ot City and the local and New York offices of Group W. in Sedion 4. The City retains the right to review the SECTION 1. ADVISORY 60DY , SECTION 9. RIGHTS OF INDIVIDUALS peHormante antl technological upgrading of the The City may appoiN ae advisory budy to monitor
No signals shall be transmitied irom the su65crtber Syslem. Group W sDall exerdse ifs besi efforfs to perlormance oF Group W in exewting the provisions of
terminal except as required to provide service maintain a modern, sfafe-olihe-arT System which is the franchise.
aufhorixed by the franchise antl the wbscriber. Im comparable fo ofnrr operating cable ielevlslon sysiems SEC710N J. QELEGA710N OF AUTMORITY BY GITY
formaTion (rom suGscriber terminals maY not be similarW sifuated. The City may delegate at any time fis righis or
gathered or stored without the express wriiten per- SECTION S. FRANCHISE RENEWAL - obligations under the (renchise to any body or
mission of the subscriber. 7hB terms and wnditions of The franchise may te renewed al any fime ior a organixation. the written authorization are inclutled in fhis section, periad of up to ten yearsoron a year to year basis ai the
SECTION 10. CER7IFICATE OF COHFIRMATION discretion of the City. AR7ICLE XIV.
Group W must obfain a regular cerfilicate af com ARTICLE VIC (Reserved) JOINT SYSTEM, ACCEPTANCE, -
ftrmafion from the Minnesofa Sfate Cable Board. ARTICLE VIIG INCOR"PORATION OF OFFERIN6,
AR7ICLE 11l, tNDEMNIFICATION, INSURANCE, EJCMIBITS, PUBLICATION
DESIGN OF SYSTEM LETTER OF CREDIT AND BOND SECTION 1. OTMER FRANCNISES
SECTIQN I. CHANNEL CAPACITY - SUBSCRIBER SECTION 1. GENERAL This Sedion acknowledges fhat the Sysfem is in-
NETWORN The City retains all righis of indemnification, in- . Iended to be part of a joinf system which serves the
A System capable o( providing at least 107 dowm surance, letter oi credit or bond as provided in the
cJtiesof Arden Hills, Falcon Hei9hts, Lauderdale, Liflle
siream channels sball be constructed punuant to the franchise. Canada, Mounds View, New Brfghton, North Oaks,
contlitions of the praposal of Group W. SEC710N 2: INDEMNIFlCATION AND INSURANCE Roseville, Sf. Anthony and Shoreview, Minnesota, and -
SECTION 7. PICTURE OUALITY AND TECHNICAL Group W shaq fully indemnify, defend and hold mat Grwp W shall comply with all fen franchlaes af the
REOUIREMENTS harmless, City and atl of its agents and employees from above menfioned dties.
Group W will be required ro transmit an undistorted liabilify and jutlgments for damages in connection with: SEC710N 1. TIME OF ACCEPTANCE; GUARANTEE;
signal to the subscriber, and further to comply with all Damage to persons or property, any claim arising out of INCORPORATION OF OFFERING; EXHIBITS
fechnital standards of their proposal and Federal the franchise, Group W's failure to comply with Group W shall accept the franchise pursuant to the
Communications Commission requiremenfs. provisfons of the franchise, or any claim Group W may procedures indutled in fhis secllon. The prpposal ol
SECTION 3. TWO-WqY CAPACI7Y have agairtsT City. Group W ro the ten dties shall be incorporoted by
Group W shall iniTially activafe a two-way capable SEGTION 3. IN54RANCE relerence inlolhefranchise.5ummariesoftheproposal
system. - Group W shall malnfain Iiabiiity insurance for the shall be available in the otiYce of the City Clerk, the
SECTION 4. FACILITlES entire term of the Iranchise tor amounfs as specitied in public lihraries, the local office of Group W, and the
Group W shall consiruct iis facilities as set lorth in its the franchise and pursuant to the minimum Qifice of any school disirid in the City. The exhiWts to
proposal fo the City. requiremenis of this seciion. the iranchise are: ExAibit A- Group W schedule ot
SECTION S. SPECIAL CMANNEL AND ACCESi SECTION 4. LETTER OF CREDIT retes; Exhibit B- Form G, page 4 uf 70 (Group W's
REqUIREMENTS Group W shall maintain an irrevocable and um anticipated sysfem growih and rate increase projec-
The System shall carry broadca5t stattons, ao conGiiional Letter oi Credit, The Leiter of Credit shall fions); Exhibit C - the offering (proposal) oi Group W;
emergency overrlde channel and 17 Spvcial access provide ihat funds be paid Yo the City upon demantl by Exhibit D- Group W letler to the Nortb Suburban
ch3nnela irtclud7ng public (4), etlocatiortal, gavernmetif, the City pursuani to the procedures and min)mum Cable Commission dated April l, 1982.
leased (3), regional, religious, senior cititens, 4ibrary, requiremeMs o( fhis setlion. This section funher Tneordinance waspassedandatloptedihe131bdayoF ~
. highereducation,publicschaol(4),antlaprivateschool provide5 minimum amounts for penalties such as Septem6ef, 1984,
access. The franchise details Speclfic access roles failufe to construcf the system and failure fo co,mply (BWletin: Sept. 23, 198$)
w ic muat he dRvelQped by Group YY_ with -ferms anq eondiflons pf M
,r franchlse. Seid