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Home My WebLink About1983-1120-A2 Amending Ord. No. 1980-1120 By Changing the Rates and Charges for Installation, Monthly Rates, Converter, Reconnection, and Other Changes ORDINANCE NO. 1120-A2 AN ORDINANCE OF THE CITY OF EDINA AMENDING THE CABLE COMMUNICATIONS FRANCHISE ORDINANCE NO. 1120, EXHIBIT B, PARAGRAPH I, SUBPARAGRAPHS Al, A3, B, C, D, E AND H1 AND H4 TO CHANGE THE RATES AND CHARGES FOR INSTALLATION, MONTHLY RATES, CONVERTER, RECONNECTION, EXTRA OUTLETS, COMMERCIAL RATES, FM SERVICES AND PREMIUM SERVICES AND PROVIDING FOR THE EFFECTIVE TIME OF THIS ORDINANCE THE CITY COUNCIL OF THE CITY OR EDINA ORDAINS: SECTION 1. Ordinance No. 1120, Exhibit B is amended to read as follows: Subdivision 1. Paragraph I.A.1. is amended to read as follows: I. SUBSCRIBER NETWORK A. Basic Rates. 1. TIERS Standard 150 Ft. Aerial Seniors and Installation Monthly Homebound (First Outlet) TIER 1 Universal Service $24.95 Free Free Converter not required for this service TIER 2 Family Service Subscriber owns converter $24.95 $ 3.95 $ 3.36 Subscriber rents converter from Grantee $24.95 Various Various TIER 3 Full Service Subscriber owns converter $24.95 $ 6.05 $ 5.52 Subscriber rents converter from Grantee $24.95 *Various *Various Expanded Service (Expanded) (Included converter $24.95 $13.95 $13.25 and unit) Subdivision 2. Paragraph I.A.3. is amended to read as follows: 3. Subscribers will have the option of renting various types of converters as follows: Grantee Converter Rate Schedule Description Initial Monthly Rate 1. OAK L-35 $1.50 2. . ZENITH Z-TAC A. Set-top converter $4.00 B. Set-top converter with remote control including remote volume $5.50 C. Enhanced Set-top converter with enhanced remote control including remote volume muting, favorite channel $6.00 The rental rate shall be added to the appropriate base rate shown in the table above if the subscriber rents the converter from Grantee. Subscribers may choose to rent or buy converters from sources other than the Grantee; however, a Grantee converter or descrambler will be necessary for premium services. 212-1B-A2 Ordinance No. 1120-A2 Page Two Subdivision 3. Paragraph I.B. is amended to read as follows: B. Extra Outlets. *Installation (At time of initial Installation) Monthly TIER 1 Converter not required $15.00 each Free TIER 2 Subscriber owns converter $15.00 each $1.95 each Subscriber rents converter $15.00 each ** Various TIER 3 Subscriber owns converter $15.00 each $4.95 each Subscriber rents converter from Grantee $15.00 ** Various * Each outlet installed after the initial installation will be $19.95 each. ** Same Converter rental option as provided for under Section IA of this Exhibit B. Subdivision 4. Paragraph I.C. is amended to read as follows: C. Reconnection. Charges for reconnection of existing installations shall be $19.95 for each reconnection regardless of the number of outlets. Subdivision 5. Paragraph I.D. is amended to read as follows: D. Commercial Rates for Subscriber Network Services. These rates will be subject to negotiation and will depend on the number of out- lets required and the type of services selected. A typical commercial rate for department store requesting 10 outlets on TIER 3 with no converters and no premium pay would be: Installation (at cost on time and material basis) Monthly Rate 1st outlet $20.00 2nd outlet $15.00 3rd outlet $10.00 Additional outlets $ 9.00 Subdivision 6. Paragraph I.E. is amended to read as follows: E. FM Rates. FM service rates shall be $10.00 for installation and $2.50 per month. FM service shall be available only on TIER 2 and TIER 3 and not available on TIER 1. Subdivision 7. Paragraph I.H.l. is amended to read as follows: H. Premium Services. 1. Premium service rates shall be as follows: Monthly Home Box Office $8.95 CINEMAX $8.95 The Movie' Channel $8.95 Showtime $8.95 Premiere $8.95 . HTN plus $8.95 Bravo $8.95 The Disney Channel $9.95 Spectrum Sports $9.95 Subdivision 8. Paragraph I.H.4. is amended to read as follows: 4. Installation for premium services shall be free with the initial installation of TIER 2 or 3 service. Thereafter, any number of premium services added at the same time shall be added at a maximum cost of $19.95. „ � u Ordinance No. 1120-A2 Page Three SECTION 2. Process for Adoption and. Acceptance. Subdivison 1. Adoption by Other Member Cities and Cancellation. That notwith- standing any other provision of this Ordinance, if all of the Cities of Eden Prairie, Edina, Hopkins, Minnetonka and Richfield do not adopt a similar franchise Ordinance amendment then the City of Edina ("City") may cancel this franchise Ordinance amend- ment. This right of cancellation must be exervised within thirty (30) days after all of said Cities have acted on a similar amendment. Subdivision 2. Time for Adoption and Acceptance. Grantee (as defined in Ordi- nance No. 1120) shall have thirty (30) days from the last date of adoption of a similar franchise Ordinance amendment by all of the Cities listed in Section 2, Subdivision 1, of this Ordinance, to accept this franchise Ordinance amendment by an acceptance in form and substance acceptable to City. However, in no event will acceptance occur later than ninety (90) days after the adoption of this franchise Ordinance amendment unless the time for acceptance is extended by City. Such acceptance by Grantee shall be deemed the grant of this franchise Ordinance amend- ment for all purposes. Subdivision 3. Requirements with Acceptance. With its acceptance, Grantee also shall deliver to City an opinion from its legal counsel, acceptable to City, stating that this franchise Ordinance amendment has been duly accepted by Grantee, that the said Ordinance, as amended by this franchise Ordinance amendment is en- forceable against Grantee, and the corporations which signed the Agreement of joint and several liability dated January 9, 1981 relative to the franchise granted by the said Ordinance, in accordance with its terms, and which opinion shall otherwise be in form and substance acceptable to City. Subdivision 4. Effectiveness of Ordinance. That this Ordinance shall be in full force and effect upon adoption and publication and acceptance in writing by Grantee. Passed and adopted this 19th day of September, 1983. First Reading: September 12, 1983 Second Reading: September 19, 1983 Published in the Edina Sun September 28, 1983 CITY OF EDINA, MINNESOTA By ATTEST: Ma r And City Clerk Manager Y" ; QtO.91411.8x, 5, f� 1MAQi tYli t' "RITO TLEat TSNE A it B �. G FQR ! C"""M I I Qp� Ti9t XNA UR14 F.Sig Tgilows ndlsltdpl.el ,�, a y. !�, ., � '•„ Seatlitard • �� IWFt.Aerial 4021arq asAA Installation Medthly. `Hamebouad (First Outlet) TIER V ,' ,tZhOreraal iSery a .0}.95 Free F Fee * fortbisservieer - TIER 2 y' Family Service' Subscriber owns converter $24.95 $9.95 -$8.35 Sub$griberrents converter, from Grantee $24.95 Various Various TIER 3. Full Service Subscriber owns converter $24.95 $0:05 $5.52 Subscriber rents converter from Grantee $24.95 *Various 'Various Expanded Service (Ex a ) (I luded converter and i $2495, 113.95 $13.25 2,Paragraph 3.A 3.3aunto read as toliows: $ r wW have toe-option of rens ng;various type$of converters as follows:' 6 prtei'$tate,gah4dUle. = 91*'Z.TAC '� Initlpl y Rate 2. I. U-top converter $4.90 I3:"Set-top,fMnverter with remote control Including remoott,ee volume $5.50, C;,Eohaaced Settop converter with enhanced remote control including remote volume muting, favorite chapnet The rental rate.shali'be,added to the appropriate base rate shown In the table above it A subec rents the 000ve er from;Grantee.Su 1W bscribers may choose to rent or buy converters from sources other than Ute Grantee; however, a'Grantee converter or deaerambler will be neress:►ry fok premlom services. Sulkliv,f a 4;Paragraph I.B.is amended to read a8 follows: 'Installation (At Sime of initial ' Instal tion) Monthly TIER t CoAverter not rae`ggu�f�red $iS.oq�each Free MR's 'St�criber owns 4eonverter $15.00 each $1.95 each '44suri0er renta,converter $15.00 each ' **Various, TIOR 41lbattilier owns converter $15.00 each $4.95 each Subscriber rents;converter from Grantee $15.00 **Various *Each outlet installed after the initial installation will be$19.95 each. "•ihtme Con efter rental option as provided for under Section IA of this Exhibit B. Sitbdlvxsio�4.Paragraph IN.is amended,to read as follows: C,., etiaa. of, w-ea for re cutmection of existing installations shall.be$19.95 for each reconnection regardless of tide her bf outlets. '8ltbdtlen 5.Podograph I.D.is amendeto read as follows: D.Camomeretal Males t r Subscriber Network Services. Tse_�atea will be subject to negotiation and wifl'depend on the number of outlets required and the + wf yervic'es selected.A typical commercial rate for department store requesting 10 ogtlets on gtir-0 no converters and no premium pay would be: fastall+iigg(at cost,on time and material basis) Monthly Rate int outlet $20.00 2nd outlet 818.00 3rd outlet $10,00 Additional outlets $9.00 Subdivision 0.Paragraph I.E.is amended to read as follows: E.FM Ili ce. FM service rates shall be$10.00 for installation and$2.50 per month.FM service shall be available only on TIER,2 and TIER 3 and not available on TIER 1. .9 ision7.Paragraph I.H.I.is amended to read as follows:" If.,Prentiusa:Services. -I.Premium service rates shall be as follows: - Monthly '=tHomeBox Office _ $9.95 CINEMA]( $0,95 The Movie Channel ".93 Showtime. $9195 Premiere $8.95 HTN.plus $9.95 Bravo $9.95 The Disney Channel $8.85- Spectrum Sports $9.95 Subdivision 0.Paragraph I.H.4.is amended to read as follows: 4. Installation Joe premium services shall be free with the initial installation of TIER 2 or 3 service.Thereafter,any number of premium services added Let the same time shall be added at a ma%mUML cost of 4l .05. ON 2i Pro as for Adoption and Acceptance. 5ubdiviafon 1,Adstion by Oth4rMember pities and Cancellation.That.notwithstanding any other provision, f this O inance,(tall of the Cities of Eden Prairie,Edina,Hopkins,Minnetonka and Richfield de not adopt a similar franchise Ordinance amendment then the City of Edina("City'") may catMel this franchise Ordinance amendment.This right of cancellation must be exervised within thirty(30)days after all of said Cities have acted on a similar amendment. Subdivision 2.Time for Adoption and Acceptance.Grantee (as defined in Ordinance No. 1120) shall have thirty (30). days from the last date of adoption of a.similar franchise_Ordinance. amendment by all of the Cities listed in Section 2,Subdivision 1 of this Ordinance:to accept this franchise OFdinance amendment by an acceptance In.form and substance. cceptable to City. However.in no event will acceptance occur later than ninety(90)days afterthe adoption of this franchise Ordinance amendment unless the time 'ffior'acceptance is extended by City. Such acceptance by Grantee shall be deemed the grant of this franchise Ordinance amendment for all purposes: Subdivision 8.Requirements with Aciptsam With its acceptance,Grantee also shall'deliver to Cily'ao opinion from Its legal counsel,acceptable to City,stating that this franchise.Ordinance amendment hie been duly accepted by Grantee, that the said Ordinance, as amended by this franchise Ordinance amendment is enforceable against Grantee,au#the corporations which signed the Agreement of joint and several liability dated January 9:1981 relative to the franchise granted In,the sa.idO,rdinance,in accordance with its terms,and which opinion shall otherwise be m-form and substance acceptable to City. Subdivision 4.Effectiveness of Ordinance.That this Ordinance stall be in full force and effect ' upon adoption and publication and acceptance in writing by Orontes. p Passed rind adopted this 19th-day ef'September,1993: p First ReadbW September 12.1993 II Semnd Reading:September 19,1903- CITY OF'EDINA,MINNESOTA By(a)C<WAYNE COURTNEY Ma}}+or II }1tM tsJ F. iVIVETIf• OMib t ,A ts�CFLLA M.DA"N Cllv`�4erk ($Cpi.U.,11183) ED Ith.i_C n POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD. 4344 IDS CENTER MINNEAPOLIS, MINNESOTA 55402 TELEPHONE AND TELECOPIER 612-333-4800 WAYNE G. POPHAM FREDERICK C. BROWN LEE E.SHEEHY 2660 PETRO-LEWIS TOWER RAYMOND A. HAIK THOMAS K. BERG LESLIE GILLETTE 717 SEVENTEENTH STREET ROGER W. SCHNOBRICH BRUCE D. MALKERSON MICHAEL T. NILAN DENVER, COLORADO 80202 DENVER KAUFMAN JAMES R.STEILEN ROBERT C. MOILANEN TELEPHONE AND TELECOPIER DAVID S. DOTY JAMES B. LOCKHART DAVID J. EDOU IST 303-825-2660 ROBERT A. MIN ISH ALLEN W. HINDERAKER CATHERINE A. POLASKY ROLFE A.WORDEN CLIFFORD M.GREENE STEVEN G. HEIKENS SUITE 802-2000 L STREET N.W. G. MARC WHITEHEAD D.WILLIAM KAUFMAN THOMAS J. RADIO WASHINGTON, D. C.STREET N. BRUCE D.WILLIS DESYL L. PETERSON KATHLEEN M. MARTIN WASHINGTON, AND D. C.20036 0 FREDERICK S. RICHARDS MICHAEL 0.FREEMAN JOHN C. CHILDS IER G. ROBERT JOHNSON THOMAS C. D'AQUILA TH ERESE AMBRUS KO 202-887-5154[� GARY R. MACOMBER LARRY D. ESPEL DOUGLAS P. SEATON August 31, 1(�703 ROBERT S. BURK JANIE S. MAYERON GARY D. BLACKFORD HUGH V. PLUNKETT,III DAVID A.JONES SCOTT E. RICHTER City of Edina 4801 W. 50th Street Edina, MN 55424 We are counsel for Minnesota Cablesystems-Southwest, a Minnesota limited partnership, the grantee of a non-exclusive franchise to construct, operate and maintain a cable communications system within the City of Edina. We have reviewed the provisions of the ordinance amending the description of the facilities to be provided by grantee modifying the initial service area; amending the line extension policy of grantee; prescribing installment charges; and amending the exhibits; said ordinance being passed by the City of Edina as of August 1, 1983. We have also reviewed the Acceptance of this ordinance by Minnesota Cablesystems-Southwest dated August 31, 1983. In our opinion this franchise ordinance amendment has been duly accepted by the grantee, Minnesota Cablesystems- Southwest, a Minnesota limited partnership, and it is enforceable by the City against the grantee and the guarantors of the grantee in accordance with its terms. Sincerely, i' , Wayne G. Pehamk WGP/jmp ACCEPTANCE (OF AMENDMENT TO CABLE COMMUNICATION FRANCHISE IN THE CITY OF EDINA) WHEREAS, the City of Edina, a Minnesota municipal corporation (the "City") by action of its governing body on January 6, 1983, adopted a Cable Communications Franchise Ordinance (the "Franchise") , which is now recorded in the ordinance books of the City as Ordinance Number 1120, granting to Minnesota Cablesystems-Southwest, a Minnesota Limited Partnership (the "Grantee"), with Minnesota Cablesystems, Inc. , a Minnesota corporation, as General Partner, a non-exclusive franchise to operate and maintain a cable communications system within the City; and WHEREAS, the City of Edina passed Ordinance Number 1120-A2 on September 19, 1983 amending the Franchise to change the rates and charges for installation, monthly rates, converter, reconnection, extra outlets, commercial rates, and FM services and providing for effective time of this Ordinance Amendment. WHEREAS, said amendment has been passed by all of the five city councils as of October 24, 1983; and WHEREAS, the Franchise and Ordinance require that such an amendment be accepted in writing by Grantee before it becomes effective. NOW THEREFORE, pursuant to the terms and requirements of the Franchise and Ordinance, Grantee does hereby accept the amendment to the Franchise Ordinance as described above. DATED: October 25, 1983 MINNESOTA CABLESYSTEMS-SOUTHWEST a Minnesota Limited Partnership By: MINNESOTA CABLESYSTEMS, INC. j The General Partner By- i7 Ory L. Mizga Executive Vice President and Regional Manager STATE OF MINNESOTA ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me the 25th of October, 1983, by Gary L. Mizga, Executive Vice President and Regional Manager of MINNESOTA CABLESYSTEMS-SOUTHWEST, a Minnesota Limited Partnership, and on behalf of said limited partnership. Nat y Pu is POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD. 4344 IDS CENTER MINNEAPOLIS, MINNESOTA 55402 TELEPHONE AND TELECOPIER 612-333-4800 WAYNE G.POPHAM THOMAS K.BERG MICHAEL T. NILAN 2660 PETRO-LEWIS TOWER RAYMOND A.HAIK BRUCE D. MALKERSON ROBERT C.MOILANEN 717 SEVENTEENTH STREET ROGER W.SCHNOBRICH JAMES R.STEILEN DAVID J.EDOUIST DENVER,COLORADO 80202 DENVER KAUFMAN JAMES B.LOCKHART STEVEN G.HEIKENS TELEPHONE AND TELECOPIER DAVID S. DOTY ALLEN W. HINDERAKER THOMAS F. NELSON 303-292-2660 ROBERT A.MINISH CLIFFORD M.GREENE THOMAS J. RADIO ROLFE A.WORDEN D.WILLIAM KAUFMAN KATHLEEN M. MARTIN G. MARC WHITEHEAD DESYL L.PETERSON JOHN C.CHILDS SUITE 802-2000 L STREET N.W. BRUCE D.WILLIS MICHAEL O. FREEMAN DOUGLAS P. SEATON WASHINGTON, D. C. 20036 FREDERICK S.RICHARDS THOMAS C. DAO UILA BRUCE B. McPHEETERS TELEPHONE AND TELECOPIER202•887-5154 G.ROBERT JOHNSON LARRY D. ESPEL GARY D. BLACKFORD GARY R.MACOMBER JANIE S. MAYERON SCOTT E.RICHTER ROBERT S.BURK DAVID A.JONES GREGORY L.WILMES HUGH V. PLUNKETT III LEE E.SHEEHY ELIZABETH A.THOMPSON FREDERICK C.BROWN LESLIE GILLETTE October 25, 1983 City of Edina 4801 West 50th Street Edina, MN 55424 We are counsel for Minnesota Cablesystems-Southwest, a Minnesota limited partnership, the grantee of a non-exclusive franchise to construct, operate and maintain a cable communications system within the City of Edina. We have reviewed the provisions of the ordinance changing the rates and charges for installation, monthly rates, converter, reconnection, extra outlets, commercial rates, and FM services; said ordinance being passed by the City of Edina as of September 19, 1983. We have also reviewed the Acceptance of this ordinance by Minnesota Cablesystems-Southwest dated October 25, 1983. In our opinion this franchise ordinance amendment has been duly accepted by the grantee, Minnesota Cablesystems- Southwest, a Minnesota limited partnership, and it is enforceable by the City against the grantee and the guarantors of the grantee in accordance with its terms. Sincerely, Wa ne G. opham WGP/jmp