HomeMy WebLinkAbout19801229_specialIUNUTES
OF SPECIAL COUNCIL MEETING
OF EDINA CITY COUNCIL HELD AT CITY HALL
DECEMBER 29, 1980
4:OO P.M. t
Pursuant to due notice given, the Edina City Council met in special session in
the Edina City Hall Conference Room-on December 29, 1980, at 4:OO p.m.
Members answering rollcall were Bredesen , Courtney , Schmidt and Van Valkenburg,
with Richards arriving at 4:20 p.m., following the Cable TV Hearing.
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MINUTES of December 15, 1980, were approved as submitted bu motion of Councilman
Courtney, seconded by Councilwoman Schmidt.
Ayes: Bredesen, Courtney, Schmidt, Van Valkenburg
Nays: None
Motion carried.
CABLE TV ORDINANCE NO. 1120 GRANTED SECOND READING. Ordinance No. 1120 was pre-
sented for Second Reading.
that questions remained to be answered, even though the Richfield Cable TV Hear-
ing had lasted 4% hours. Mr. Erickson's remarks were echoed by Mr. Gary Gand-
reau of Teleprompter.
to deliver Channels 5 and 6.
had responded to Mr. Gandreau's remarks.
found some discrepancy between what Edina shows and what Teleprompter shows as
to underground utilities, and said that maps will be available for inspection.
No further discussion being heard, Councilman Courtney moved that the ordinance
as presented to this Council granting a cable television franchise for this City
to Minnesota Cablesystems-Southwest, a Minnesota Limited Partnership, and the
Findings set out in that ordinance be adopted and published. Councilman Court-
ney further moved that the Mayor and Manager be authorized, for and on behalf of
the City, to sign and deliver the franchise, and all other documents to be .
signed and delivered by the City in connection with the Franchise.
8nce being as follows:
Mr. James Erickson of Northern Cablevision recalled
Mr. Gandreau also spoke of Minnesota Cablesystems' ability
Mr. Rosland pointed out that City Attorney Erickson
He added that the City Engineers have
Said ordin-
ORDINANCE NO. 1120
AN ORDINANCE, INCLUDING ADDENDUM WITH EXHIBITS, GRAHTING '
MINNESOTA LIMITED PARTNERSHIP, TO OPEUTE AND YAINTAIN A CABLE
A FRANCHISE TO MINNESOTA CABLESYSTEMS-SOUTHST , A
COMMUNICATION SYSTEM IN THE CITY; SETTING FORTH CONDITIONS
REGULATION, AND USE OF THE SYSTEM; AND PRESCRIBING PENALTIES
ACCOXPANYING TH3 GRANT OF FRANCHISE; PROVIDING FOR
FOR THE VIOLATION OF ITS PRO'JISIONS
The City Council of the City of Edina ordains:
STATEMENT OF INTENT AND PJJRPOSE
The City intends, by the adoption of this Franchise, to bring about the'
development of a System, and the continued operation of it. Such a developmeot
can contribute significantly to the communication needs and desires of many.
Further, the City may achieve better utilization and improvement of public servi-
ces with the development and operation of a Cable Communications System.
Past studies, participated in by City, have led the way for organizing a
means of procuring and securing a Cable Communications System deemed best suited
to the City, in the judgment of the Council. This has resulted in the preparation
and adoption of this Franchise.
FINDINGS
In the review of Grantee's proposal and application an6 as a result of public
hearings, the City Council makes the following findings:
A. The Grantee's technical ability, financial condition, legal qualifications,
and character were considered and approved in a full public proceeding after
due notice and reas6nable opportunity to be heard;
B. Grantee's plans for constructing and operating the System- were 'considered and
found adequate and feasible Tn a full public proceeding after due notice znd
reasonable opportuni.ty to be heard;
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C. The Franchise granted to Grantee by City complies with the existing applic-
able Minnesota Statutes and regulations and Franchise standards of Board; and
D. The Franchise granted to Grantee is nonexclusive.
ARTICLE I.
SHORT TITLE AND DEFINITIONS
SECTION 1. SHORT TITLE
This Ordinance shall be known and cited as the Cable Communications Ordi-
nance.
SECTION 2. DEFINITIONS
For the purpose of the Franchise, the following terms, phrases, words and
their derivations shall have the meaning given herein. When not inconsistent with
the context, words used in the present tense include the future, words in the'
plural number include the singular number, and words in the singular number in-
clude the plural number. The words "shall" and "will" are mandatory and "may" is
permissive. Words not defined shall be given their common and ordinary meaning.
A.
B.
C.
D.
E.
E.
G.
H.
I.
J.
X.
L.
M.
"Basic Service" means all subscriber services provided by Grantee including
the delivery of broadcast signals, covered by the regular monthly charge paid
by all subscribers, excluding optional services for which a separate charge
is made.
"Board" means the Minnesota Cable Communications Board.
"City" means City of Edina, a municipal corporation, in the State of Minne-
sota.
"Class IV Charnel" means a signaling path provided by a System to transmit
signals of any type from a subscriber terminal to another point in System.
"Connection" means the attachment of the drop to the first radio or televi-
sion set of the subscriber. I
"Converter" means an electronic device, which converts signals to a frequency.
not susceptible to interference within the television receiver of a subscrib-
er, and by an appropriate channel selector also permits a subscriber to view
all basic subscriber-signals included in the basic service delivered at
designated converter dial locations.
"Council" means the governing body of City.
-"Drop*' shall mean the cable that connects the subscriber terminal to the
nearest feeder cable of the cable.
"ECC" shall mean the Federal Communications Commission and any legally ap-
pointed, designated or elected agent or successor.
"Grantee" is Minnesota Cablesystems - Southwest, a Minnesota Limited Partner-
ship, its agents or employees.
'"Gross Revenues" shall mean all revenue derived directly or indirectly by
Grantee, its affiliates, subsidiaries, parent, and any person in which Gran-
tee has a financial interest of five percent (5%) or more from or in connec-
tion with the operation of the System, including but not limited to, basic
subscriber service monthly fees, pay cable fees, installation and reconnec-
tion fees, leased channel fees, converter rentals, studio rental, production
equipment and personnel fees-, and advertising revenues. The term does not
include any taxes on services furnished by Grantee and imposed directly upon .
any subscriber or user by the State, City or other governmental unit and
collected by Grantee on behalf of said governmental unit.
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"Installation" means the connection of the System from feeder cable to the
point of connection.
"Lockout Device" is an optional mechanical or electrical accessory to a
subscriber's terminal which inhibits the viewing of a certain channel or
channels provided by way of cable communications system.
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N. "Offering of Grantee" or "Offering" shall mean Chat certain document dated
December 5, 1980, entitled "Offering of Grantee" and signed by Grantee and
City, which document is on file with the City Clerk.
0. "Public Property" is any real property owned by City other than a street.
Y. "Scrambler/Descrambler" refers respectively to the equipment installed to the
cable communications system's headend equipment and subscriber terminal used
to isolate pay cable and other ancillary service channels from basic service
which is accomplished by electronically distorting the signal prior to its
transmission through the cable communications system and reconstituting the
singal at each authorized location for subsequent display.
Q. "Sidewalk" is the portion of a street delineated for pedestrian travel.
R. "Street" shall mean the surface of and the space above and below any public
street, road, highway, freeway, lane, path, public way, alley, court, side-
walk, boulevard, parkway, drive or any easement or right-of-way now or here-
after held by City which shall, within its proper use and meaning in the sole
opinion of City, entitle Grantee to the use thereof for the purpose of in-
stalling or transmitting over poles, wires, cables, conductors, ducts, con-
duits, vaults, manholes, amplifiers, appliances, attachments and other prop-
erty as may be ordinarily necessary and pertinent to a System.
S. "SWSCC" shall mean the Southwest Suburban CATV Study Commission.
T. "Subscriber" means any person or entity who subscribes to a service provided
by Grantee by means of or in connection with the System regardless of whether
a fee is paid for such service.
U. "System" means a system of antennas, cables, wires, lines, towers, waveguides
or other conductors, converters, equipment or facilities, designed and con-
structed for the purpose of producing, receiving, transmitting, amplifying
and distributing, audio, video and other forms of electronic or electrical
signals, located in City. Said definition shall not include any system
wholly internal to one or more multiple unit dwellings under common owner-
ship, control or management, and does not use City streets or other public
property. In any event, system as defined herein shall riot be inconsistent
with the definition as set out in the rules of the Board.
ARTICLE 11.
GRANT OF AUTHORITY AND GENERAL PROVISIONS
SECTION 1. GRANT OF FRANCHISE AND ACCEPTANCE
City hereby grants to Grantee, a nonexclusive franchise subject to all of the
terms and conditions as herein provided:
A. Grantee shall accept this Franchise in the following manner, and not later
than the time set out in Article XIV, Section 2:
(1) This Franchise will be properly executed and acknowledged by Grantee and
delivered to Citjj.
(2) At the same time as delivery of the executed Franchise, Grantee shall.
deposit with City its nonrefundable acceptance fee in the sum of
$20,000.00, for the purpose of defraying the costs and expenses of
developing this Franchise and for the enforcement and administration
costs to be incurred until other Franchise fees may be realized. If
such costs to City exceed the sum of $20,000.00, City may charge such
excess costs to Grantee and Grantee shall pay them on demand by City.
(3) All security deposits, Letters of Credit, insurance contracts, accep-
tances, bonds, attorneys' opinions, organizational and creation docu-
ments and guarantees required of Grantee by this .Franchise, shall be
delivered with the executed Franchise and in accordance therewith.
SECTION 2. AUTHORITY GRANTED
A. City grants to Grantee the permission to use streets for erecting, construc-
ting, operating and maintaining the System. Other rights necessary for the
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SYTtem On other public or private property must be obtained by Grantee, but
City shall have no obligation to give or gr'ant or assist6 in obtaining the
same.
3. Grantee shall construct and maintain the System so as not to interfere with
other uses of streets. Grantee shall make use of existing poles and other
facilities available to Grantee.
-. C. Notwithstanding the above grant to use streets, no street shall be used by
Grantee if City in its sole opinion determines that such use is inconsistent
with the terms, conditions or provisions by which such street was created or
dedicated, or presently used. I - SECTION 3. AGREEMENT
A. Grantee agrees to be bound by all the terms and conditions of this Franchise.
B. The Grantee also agrees to provide all services specifically set forth in,
and to comply with all provisions of, its Offering to provide a System within
the boundaries of City. Further, failure of Grantee to provide a System as
described in its Offering, at City's option, shall be a violation of the
provisions of this Franchise. In the event of conflicts or discrepancies
between the Offering of Grantee and the provisions of this Franchise, the
provisions which provide the greatest benefit to City, in the opinion of the
Council, shall prevail.
SECTION 4. FRANCHISE TEk
This Franchise shall commence upon acceptance by Grantee and shall expire 15
years from date of acceptance.
SECTION 5. AREA
This Franchise is granted for City as it exists from time to time during the
term of this Franchise.
. SECTION 6. POLICE POWERS
A. Grantee's rights are subject to the police power of City to adopt and enforce
ordinances necessary to the health, safety and welfare of the public.
B. Any conflict between the provisions of this Franchise and any other present
or future lawful exercise of police powers of City shall be resolved in favor
of City.
SECTION 7. USE OF GRANTEE FACILITIES
City shall have the right to install and maintain, free of charge, upon the
poles and within the underground pipes and conduits of Grantee any wires and
fixtures desired by City. . Grantee waives any claim against City arising from .
City's exercise of these rights.
SECTIO3T 8. WRITTEN XOTICE
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 Administrator of this Franchise or 48 hours after it is deposi-
ted in the United States mail in a sealed envelope, with registered- or certified
mail postage prepaid thereon, addressed to the party to which notice is being
given. as follows:
If to City: 4801 West 50th Street
Edina, Ninnesota 55424
If to Grantee: 4344 IDS Center
Minneapolis, Minnesota 55402
Such addresses may be changed by either party upon notice to the other party given
as provided in this section.
SECTION 9. RIGHTS OF INDIVIDUALS
A. No signals, including signals of a Class IV Channel, shall be transmitted
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B)
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from a subscriber terminal except as required to provide a service authorized
by this Franchise and the subscriber. Grantee and any other person shall
neither initiate nor use any procedure or device for procuring or storing
information or data from a subscriber's terminals or terminal by any means,
without the prior authorization of the affected su3scriber which shall not
have been obtained from the subscriber as a condition of service. The re-
quest for such authorization shall be contained in a separate document and
identify the purpose for which the data or information is being gathered or
stored. After the first year of the authorization's initial signing, Grantee
shall, for each year said authorization is in effect without revocation, mail
a notice to each authorizing subscriber informing him or her of his right to
revoke said authorization. The authorization shall be revocable at any time
by the subscriber without penalty of any kind whatsoever. A separate autho-
rization shall be required for each type or classification of data or infor-
mation sought from a subscriber terminal.
B. Grantee shall not, without the written authorization of the affected sub-
scriber, provide to anyone data identifying or designating any subscriber.
Any data authorized shall be made available upon request by and without
charge to the authorizing subscriber in understandable fashion, including
specification of the purpose for which the information is being gathered and
to whom and for what fee the information is to be sold.
C. Grantee shall not tap or monitor, arrange for the tapping or monitoring, or
permit any other person to tap or monitor, any cable, line, signal input
device, or subscriber outlet or receiver for any purpose whatsoever, without
the prior written authorization of the affected subscriber as required by
paragraph A of this section.
D. Nothing herein contained shall prohibit Grantee from verifying System opera-
tion and the transmission of signals to an affected subscriber or from moni-
toring for the purpose of billing.
SECTION 10. CERTIFICATE OF CONFIRMATION
Grantee shall abide by the then current rules and, regulations of Board re-
garding the application, approval, and renewal of a Certificate of Confirmation.
Failure of Grantee to obtain a Certificate of Confirmation or a renewal thereof
shall result in automatic termination of this Franchise, and this Franchise shall
cease to be of any force or effect. However, Grantee may operate the System while
the Board is considering an application for renewal of the Certificate of Confir-
mation.
ARTICLE 111.
DESIGN OF SYSTEM
, SECTION 1. CHANNEL CAPACITY - SUBSCRIBER NETWORK
Grantee shall initially activate and thereafter maintain a subscriber network
having at least a forward capacity of 54 video channels, plus the FM audio band,
and a reverse capacity of four video channels. The design will provide for a
self-contained bidirectional network in each City forming part of this System.
The System will be programmed from a central point, but the configuration will
accommodate the practical isolation of City, allowing for the distribution of
unique programming to it. The System shall be capable of increasing its channel
capacity as technology permits and needs arise.
SECTION 2. PICTURE OUALITY AND TECHNICAL REOUIREMENTS
A. The System will produce a picture upon each subscriber's television screen in
black and white or color, depending upon whether color is being telecast and
provided the subscriber's television set is capable of producing a color
picture, that is undistorted and free from ghost images, without material.
degradation of color fidelity. The System shall produce a sound that is
undistorted on any receiver of a subscriber. Grantee, at its expense, shall
install and maintain the System so as not to interfere with any subscriber's
receipt of local broadcast stations.
B. The System shall transmit or distribute signals to all television and radio
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receivers of all subscribers without causing crossmodulation in the cables or
interfering with other electrical or electronic systems or the reception of
other television or radio receivers.
C. Grintee shall construct and maintain a System that at least meets minimum
technical standards now or hereafter promulgated by the FCC relating to cable
communications systems; provided, however, that in no event shall the techni-
cal standards required to be met by Grantee be less stringent than the FCC
standards in effect at the time of the adoption of the Ordinance, nor shall
Grantee be required to meet minimum FCC technical standards which apply
solely to cable communications systems for which franchises are granted sub-
sequent to the acceptance of this Franchise. '
D. The System shall be installed and remain capable of using all band equipment
and of passing the entire VHl? bands, mid-band, super-bands and FN band up to
402 NHz.
E. The System shall be designed for and operated on a 24 hours a day continuous
operation basis.
I?. Grantee shall specify the procedure for initially and subsequently. testing
the technical capacity of the System and agrees to have City select a con-
sultant to review and perform such testing procedure. The results of any
tests required by the FCC shall be filed within ten days of the conduct of
such tests with the City and the Board. Other representatives of City may be
present during testing. The tests may be done annually at such times as is
determined by City, with notice to Grantee. All expenses for all such tests
shall be paid by Grantee.
SECTION 3. TWO-WAY CAPACITY
' Grantee shall initially activate and thereafter maintain a two-way capable
System (audio, video and data impulse). This will include fully interactive
service capability provided by a centralized computer system and customized sub-
scribe? home terminals, backed up by full standby powering throughout the System.
SECTION 4. FACILITIES
.a.
The Grantee shall construct, maintain and continue to provide all facilities
and equipment set forth in the Offering including, but not limited to, the head-
end, hubs, distribution system, studios, equipment and other facilities. Gran-
tee's plan, as set forth in the Offering, for implementing the construction,
utilization and maintenance of these facilities, including its plans for accommo-
dating future growth and changing needs and desires, shall be fully and timely
performed.
SECTION 5.
A. Grantee will carry broadcast stations in accordance with ECC rules as from
SPECIAL C-L AND ACCESS REQUIREMENTS
time to time revised.
B. No converter will be required for the seven channels of the Universal Service
Tier. Converters may be required for the Family Service Tier and for the
Full Service and Interactive Tiers. A charge for lease or purchase from
Grantee may be made by Grantee, or a subscriber may lease or purchase a
converter'from any other source. For premium services Grantee may require
the use of a Grantee converter or descrambler.
*I C.
D. Grantee will provide an audio/visual emergency alert override system that
will permit the initial interruption by City of all audio (including EM) and
video programniing.
'Channel 12 shall be an emergency channel operated by City.
E. Grantee shall provide at least seven channels for access use (including one
for each of the following uses: public, government, leased, educational,
regional). All residential subscribers who receive all or. any part of the
total services offered on the System shall also receive all of said seven
access channels at no ' additional charge. These channels shall be activated
upon System activation ,and thereafter maintained. Graritee shall establish
rules and regulations prior to System activation for the use of access chan-
nels which shall be approved by City before implenientation and thereafter
. shall not be altered or amended without approval of City. In preparing such
rules :
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(1) Grantee shall provide an equal opportunity for use of access services.
(2)
(3) Grantee shall develop a plan to allocate to City a reasonable use and
fair schedule of channel time, use of equipment and facilities so that
it can receive programming unique to its needs.
Grantee will consider needs assessments prepared by City.
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(4) Grantee will comply, at a minimum, with the requirements of City and the
.Board now or hereafter adopted or determined by City or the Board re-
garding access channels. Such requirements of the Board are hereby made
a part of this ordinance and include the fallowing:
(a) Grantee shall, to the extent of the System's available channel
capacity, provide to each of its subscribers who receive all or any
part of the total services offered on the System, reception on at
least one specially designated noncommercial public access channel
available for use by the general public on a first cone, nondis-
criminatory basis; at least one specially designated access channel
for use by local educational authorities; at least one specially
designated access channel available for local government use; and
at least one specially designated access channel available for
lease on a first come, nondiscriminatory basis by commercial and
noncommercial users (hereinafter the "access channels"). Subscrib-
ers receiving only alarm system services or only data transmission
services for computer operated functions shall be exempt from this
requirement. The W spectrum shall be used for at least one of
the specially designated noncommercial public access channels re-
quired. No charges shall be made for channel time or playback of
prerecorded programming on at least me of the specially designated
noncommercial public access channels. However , personnel, equip-
ment and production costs may be assessed for live studio presenta-
tions exceeding five minutes in length.. Charges for such produc-
tion costs and any fees for use of other pubiic access channels
shall be consistent with the goal of affording the public a low
cost means of television access. Access facilities, equipment
and/or channel time will be made available to the general public,
any group or individual resident in City for the production and/or
cablecasting of noncommercial programming free of charge on a first
come, nondiscriminatory basis.
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(b) Whenever any of the access channels are 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 spe-
cially designated access channel for the same purpose at no addi-
tional cost to subscribers.
(c) The rules and regulations established by the Grantee and approved '
by City governing the access channels shall be filed with the Board
within 90 days after any such channels are put into use.
(d) Subscribers receiving programs on one or more special service chan-
nels without also receiving the regular subscriber services may
receive only one specially designated composite access channel com-
posed of the programming on access channels. Subscribers receiving
only alarm system services or only data transmission services for
computer operated functions shall not be included in this require-
ment.
(5) The Grantee shall comply, at a minimum, with the requirements of City
and Board, now or hereafter adopted by City or Board regarding public
use of its equipment, including the following:
(a) Grantee shall make readily available for public use at least mini-
mal equipment necessary for the production of programming and play-
back of prerecorded programs for the specially designated noncom-
mercial public access channel. The Grantee shall ais0 make readily
available upon need being shown, the minimum equipment necessary to
make it possible to record programs at remote locations with bat-
tery operated portable equipment.
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(b) Need within the meaning of this paragraph ,shall be determined in
the sole discretion of City or by subscriber petition. Said peti-
tion must contain the sign'atures of at least 10 percent of the
subscribers of System, but in no case more than 500 nor fewer than
100 signatures.
SECTION 6. INSTITUTIONAL NETWORK
The System shall include at a minimum a separate institutional telecommunica-
tions network, interconnected with the subscriber network, of eight sections with
a combined transmission capacity of 472 cha&els , with full two-way capability.
Said network shall be offered, activated, expanded, marketed and developed at a
minimum in full compliance with the Offering. Need for the provision of institu-
tional service shall be determined in the sole discretion of City.
SECTION 7. SERVICE TO PUBLIC BUILDINGS AND EDUCATIONAL INSTITUTIONS
Grantee shall provide, at a minimum, subscriber and institutional network
service to all publicly owned buildings, in City (City Hall, police department,'
fire department, schools, libraries, etc.), all educational institutions in City,
and all buildings now or hereafter wholly or partially owned or leased €or govern-
mental use by any state, federal or local government in City, or owned or leased
by school districts or educational institutions in City, all as set out in the
Offering. Need for either or both of such network services as referred to in the
Offering shall be determined in the sole discretion of City.
SECTION 8. INTERCONNECTION
Grantee will comply with all present and future rules, regulations and orders
of the Board regarding interconnection of systems, and will cooperate with any,
agencies or utilities involved with interconnection. At such times as intercon-
nection is required, Grantee shall accomplish this without additional charge to
subscribers. System shall be initially constructed so that other systems now or
hereafter constructed in any area adjacent to System may be interconnected with
System without +delay.
SECTION 9. NARROGJCASTING I Grantee shall provide separate programming capability to City on each of the
access channels on the Universal Service Tier.
SECTION 10. COMPL7TER SERVICES
Grantee shall construct System to accommodate interactive data communications
with a total network transmission time of less than one-tenth (1/10) of a second.
SECTION 11. REGIONAL CHANNEL
The standard \?H?? Channel 6 is hereby designated for uniform regional channel
usage. However, until the regional channel becomes operational, Grantee may
utilize the standard VIE Channel 6 as it deems appropriate. Use of time on the
regional channel shall be made available without charge.
ARTICLE IV.
SERVICES AND PROGRANMING ,
SUBSCRIBER CONTRACTS, COMPLAINTS
SECTION 1. SERVICES AND PROGRAIQlING
A. Services and Programming. The programming and services shall be structured
in three tiers, all of which will be programmed at the time of System acti- -- vation, providing, at a minimum, the programming and services set forth in
the Offering. Programming and services as designated in the Offering shall
be changed by Grantee only up& prior written approval of City. The three
tiers are as follows':
(1) The Universal Service Tier. The Universal Service Tier shall be provid-
ed as a public service without charge after installation, permitting
free view of sev'en access channels. A subscriber may lease or buy a
converter ,* permitting a total service of 13 channels.
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(2) The Family Service Tier. The Family Service Tier shall incorporate the
Universal Service Tier with 14 programmed video chonnels, a total of 21
channels of service combining access and local broadcasting with local
origination. In addition, this tier shall provide a community informa-
tion service and offer two premium services, a family-oriented mini-pay-
TV service and a comprehensive FP1 radio service.
(3) The Full Service Tier. The Full Service Tier shali provide 54 channels
which increases the Family Service Tier by incorporating distant sta-
tions, several satellite-fed services, additional local origination
channels , additional premi-am channels and several customized alpha-
numeric services. Included in this tier shall be a sub-tier called
"expanded service'' which shall have the same channel capacity and shall
include a converter and an interactive unit.
B. Locally originated programming.
ly programmed channels.
Grantee shall provide at a minimum 23 local-
C. Community Access and Programming.
(3) The community access and programming staff shall:
(a) Identify community access needs;
(1) Grantee shall, at a minimum, comply with the community access and pro-
gramming plan of the Offering.
(2) Grantee shall provide upon system activation a commnity access and
programming staff of at least 22 persons, provided, however, that City
recognizes said staff as well as the entire community access and pro-
gramming plan of the Offering encompasses all of the systems of the
.Eities then a party to a Joint Powers Agreement relating to System
(referred to herein as the "joint system").
(b) Train and consult with interested residents of City in the use of
the access equipment; and
(c) Promote the availability and uses of coimunity access.
(4) Access facilities and equipment shall be provided at a minimum as set
forth in the Offering.
(5) Modulators shall be provided at 20 locations throughout the joint system
in addition to those which shall be provided to educational institu-
tions. Further, there shall be a mobile production unit and portable
video recorders as set forth in the Offering, all of which shall be
available upon System activation.
(6) Grantee shall cooperate in the development of an access nonprofit cor-
poration if determined to be needed by City.
(7) Grantee shall establish a citizen advisory board from City to provide
community advice and recommendations to Grantee relative to the commuu-
ity access and programming of System.
D. Interactive Services.
System shall be fully activated to receive interactive services. Interactive
services shall at a minimum be provided as designated in the Offering.
Grantee warrants, represents and guarantees that no invasion of privacy can
occur in connection with any aspects of the services provided by System.
SECTION 2. INTERRUPTION OF SERVICE AND COMPLAINTS.'
A. Whenever it is necessary to shut off or interrupt service, Grantee shall do
so during periods of minimum use of the System. Unless such interruption is
unforeseen and immediately necessary, Grantee shall give reasonable notice
thereof to subscribers. ,411 costs incurred in repairing System and handling
complaints shall be paid by Grante,~, and if service is interrupted or discon-
tinued for more than 48 hours, subscribers shall be credited pro rata for
such interruption. The cause €or any such interruption shall be removed and
service restored as promptly as reasonably possible.
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B. Grantee shall maintain an office in the Minneapolis/%. Paul metropolitan
area which shall be open during all usual business hours, have a listed local
telephone, and be so operated that complaints and requests for repairs or
adjustments may be received at any time, 7 days per week.
(1) Notice of this information shall be provided to all new subscribers at
time of subscription and to existing subscribers annually.
(2)- Grantee shall not engage in the sale of. television sets' or provide other
television repair service, but in the event such service is required,
shall promptly notify subscriber of that need-for service.
(3) All complaints by City, subscribers, or other persons regarding the
quality of service, equipment malfunction, billing disputes, and any
other matters relative to the System, shall be investigated and respond-
ed to by a service representative at the location of the complaint by
Grantee within 24 hours. If reasonably possible, Grantee shall rectify
the cause of all valid complaints. If a complaint is not rectified
' within three days, the complainant may then file the complaint with
City.
(4) City and Grantee shall prepare and maintain a record of all complaints
made to them. If at any time after the filing of a complaint with City,
City determines, in its sole discretion, that the complaint represents a
violation of this Franchise, any law, ordinance or regulation, or repre-
sents a failure in the performance of Grantee pursuant to this Fran-
chise, City may, in addition to any other remedy available to it, issue
written notice specifying the nature of the complaint and ordering
Grantee to appear at the next regularly scheduled Council meeting. At
said Council meeting, Grantee shall explain its failure to rectify the
complaint and show cause why the Council should not institute default
proceedings. Failure by Grantee to appear mdy result, at the sole
discretion of City, in the termination of this Franchise.
ARTICLE V. >. h.
CONSTRUCTION, INITIAL SERVICE AREA
LINE EXTENSION AND CONSTRUCTION STANDARDS
SECTION 1. INITIAL SERVICE AREA
A.
-B .
C. ..
D.
E.
F.
.-
Engiaeering and design shall be completed within one year after date of
granting of .this Franchise and a significant amount of construction, in the .
opinion of City, shall be completed within one year after Grantee's receipt
of all necessary governmental permits, licenses, certificates and authoriza-
tions.
Grantee shall provide service to all residences now or hereafter within the
initial service area as..such area is identified on the map attached hereto as
Exhibit A and made a part hereof.
Construction maps and schedules, included as a part of Exhibit A are also
hereby made a part of this Franchise. All construction within the initial
service area will be completed according to Exhibit A within eighteen months
[the "construction period"] after the date of issuance of the Certificate of
Confirmation by the Board.
The energized trunk cable shall be extended throughout the initial service
area within eighteen months after the date of issuance of the Certificate of
Confirmation by the Board. All persons and entities along the route of the
energized trunk cable who desire them will have individual drops installed
and activated within the sane eighteen-month period.
Grantee shall give residents 30 days' advance notice of the commencement of
construction affecting their property, which notice shall fully explain how
the work will be carried out.
The requirements of paragraphs A, B, C and D may be waived by City only upon
the occurrence of unforeseen events or acts of God; but in no event shall the
construction period be'greater than five yearsf from commencement of construc-
tion.
1.2 / 29 / 80
m 0
11
SECTION 2. LINE EXTENSION POLICY
Grantee's extension of service to those areas not included in the initial
service area shall be done pursuant to the following requirements:
A. Residences located outside the initial service area will be provided service
upon acceptance of a quote from Grantee. The quote shall not exceed the cost
to Grantee, calculated on a time and material basis, of extending the cable
and necessary cable equipment to service the residence.
B. Any nonresidential user requesting service will be provided service upon
acceptance of a quote from Grantee. The quote shall not exceed the cost to
Grantee, calculated on a time and material basis, of extending the cable and
necessary cable equipment to service said user.
SECTION 3. CONSTRUCTION TIMETABLE
A. Within 60 days after the granting of Franchise, Grantee shall apply for all
necessary permits, licenses, certificates and authorizations which are re-
quired in the conduct of its business, including, but not limited to, any
joint use attachment agreements, microwave carrier licenses, or any other
permits, licenses and authorizations to be granted by duly constituted regu-
latory agencies having jurisdiction over the operation of cable communication
systems, or their associated microwave transmission facilities. If after one
year from the commencement of Franchise term, Grantee has not received the
permits, licenses, certificates and authorizations described in this para-
graph, City may terminate this Franchise without regard to fault for delay in
obtaining such permits, licenses, certificates and authorizations.
B. Within 90 days after obtaining all necessary permits, licenses, certificates
and authorizations, Grantee shall give written notice thereof to City and
commence construction and installation of System.
C. Any delays in the construction timetable or commencement of construction
shall result in penalties as provided in this Franchise, and continued delays
may result in the termination of this Franchise and all rights and privileges
of Grantee hereunder.
(1) Grantee shall promptly notify City of all delays known or anticipated in
the construction of System.
(2) City may extend the time for beginning construction or may extend the
construction timetable in the event Grantee, acting in good faith,
experiences delays by reason of circumstances beyond its control.
SECTION 4. CONSTRUCTION STANDARDS
A. Grantee shall not open or disturb the surface of any streets or pxblic prop-
erty without first obtaining a permit from City for which permit City may
impose a reasonable fee to be paid by Grantee. The lines, conduits, cables
and other property placed in the streets and public property pursuant to such
permit shall be located in such part of the street or public property as
shall be determined by City. Grantee shall, upon completion of any work
requiring the opening of any streets or public property, restore the same,
including the pavement and its grounds to as good a condition as formerly and
in a manner and quality approved by City, and shall exercise reasonable care
to maintain the same thereafter in good condition. Such work shall be per-
formed with diligence and due care, and if Grantee shall fa41 to perform the
work promptly, to remove all dirt and rubbish and to put the street or public
property back into the condition required hereby, City shall have the right
to put the streets or public property back into good condition at the expense
of Grantee. Grantee shall, upon demand, pay to City the cost of such work
done or performed, together with an additional sum as liquidated damages to
be determined by City.
B. A11 wires, cocduits, cable and other property and facilities of Grantee shall
be so located, constructed, installed and maintained as not to endanger or
unnecessarily interfere with the usual and customary trade, traffic and
travel upon, or other use of, the streets and public property of City.
Grantee shall keep and maintain all of its property in good condition, order
and repair so that the same shall not menace or endanger the life or property
of any person. City shall have the right to inspect and examine at all
12/29/80
.- . 12
reasonable times and upon reasonable notice the property owned or used, in
part or in whole, by Grantee. Grantee shall keep accurate maps and records
of all of its wires, conduits, cables and other property an'd Eacilities
located, constructed and maintained in the City. Further, Grantee shall,
without charge, furnish copies of such maps and records from tim.e tstime as
requested by City.
C. All wires, conduits, cables and other property and facilities of Grantee,
shall be constructed'and installed in an orderly an'd workmanline-manner. All
wires, conduits and cables shall be installed, where possible, parallel with
electric and telephone lines. Multiple cable configurations shall be ar-
ranged in parallel and bundled with due respect for engineering considera-
tions. I D. Grantee shall at all times comply with all applicable laws, ordinances,
rules, regulations and codes, federal, state and local. In any event, the
installation, operation or maintenance of System shall not endanger of inter-
fere with the safety of persons or property in the City. '
E. Whenever City shall undertake any public improvement which affects Grantee's
equipment or facilities, City shall, with due regard to reasonable working
conditions and with reasonable notice, direct Grantee to remove its wires,
conduits, cables and. other property located in streets or public property.
Grantee shall relocate or protect its wires, conduits, cables and other prop-
erty at its own expense.
3'. Grantee's plans for constructing its System, and the construction of the
System, shall be in accordance with its Offering. However, Grantee shall
comply with the following minimum requirements:
(1) Grantee shall construct underground in any area where another line,
either electrical or telephone, has been installed underground.
Grantee shall change' from aerial to underground, at its own expense, i'n
any area where another line is hereafter changed from aerial to under-
I
(2) I .. ground. __
(3) Grantee shall change from' aerial to underground, without cost to City,
whenever requested by City, which request can be made for a certain area
or areas or for the entire System.
(4) To enable Grantee reasonable opportunity to change its wiring from
aerial to underground, and also to allow it to pre-wire all new sub-
divisions or new development areas, City shall provide Grantee with
written notice-of the following, but in no event shall city have any
liability for failure to provide notice of the following:
(a) Any changes of which City has knowledge, or which City may order,
regarding a change from aerial to underground of any line (tele-
phone or electrical) within its boundaries.
(b)
(c) New subdivisions and development. All of such subdividers or
developers shall be notified of the Franchise and -the System.
All Franchise changes affecting the wiring of the System.
Any underground'trenching that may be pending.
(d)
I SECTION 5. CONTIITIONS ON USE' ' *
A: Grantee shall not place poles or other fixtures where the same will interfere
with any gas, electric or telephone fixture, water hydrant or main. A,
B: *. Grantee, at the request of any person holding a building moving permit and
with not less than five days'advance notice, shall temporarily remove, raise
or lower its wires, conduits and cables. The expense of such temporary
removal, raising or. lowering of wires, conduits and" cables .shall be paid by
person requesting .the same, and Grantee shall have the authority to require
such payment in advance.
Grantee shall have the authority, to the extent the City has authority to
grant the same, to trim trees upon or overhanging any street or public prop-
*-
C.
13
D.
erty so as to prevent the branches of such trees from coming in contact with
the wires, conduits and cables of Grantee. All trimming shall be done under
the supervision and direction of City and at the expense of Grantee.
Nothing contained in this Franchise shall relieve any person from 1iabil.j.t~
arising out of the failure to exercise reasonable care to avoid injuring the
Grantee's facilities while psrfcrming any work connected with grading, re-
grading or changing the line of any street or public place or with the con-
struction or reconstruction of any sewer or water system.
ARTICLE VI.
SYSTEM OPERATIONS
SECTION 1. INFORNATION AVAILABILITY
A. Throughout the term of this Franchise, Grantee shall maintain books and
records in accordance with normal and accepted bookkeeping and accounting
practices for the Cable Communications industry, and allow for inspection and
copying of them at reasonable times at its designated office. The books and
rec.ords to be maintained by Grantee shall include the following:
(1)
(2) A record of all subscriber or other complaints, and the action taken;
(3)
A record of all requests for service;
A file of all subscriber contracts;
(4) Grantee policies, procedures and company rules; and
(5) Financial records.
3. City shall give Grantee at least 24 hours notice before making inspections of
any books or records of Grantee.
C. Grantee shall file with City, at the time of its annual payment of the fraa-
chise fee, as described in this Franchise, the following:
(1) A financial statement prepared by an independent certified public ac-
countant showing, in such detail as acceptable to City, the gross reve-
nues of Grantee for the preceding fiscal year.
(2) Current list of names and addresses of each officer asd director and
other management personnel, and if a corporation, each shareholder
having stock ownership of three (3%) percent or more, and if a partner-
ship, all general partners, and if a general partner is a corporation,
the foregoing information shall be given as to the coworate general
partner.
(3) A copy of each.document filed with all federal, state and local agencies
during the preceding fiscal year not previously filed with City (each of
these filings shall be provided at the time the filing is made).
(4) A statement of its current billing practices.
(5) A current copy of its rules.
(6) A current copy of its subscriber service contract.
D. City, its agents and representatives shall have authority to arrange for and
conduct an audit of and copy the books and records of Grantee. Grantee shall
first be given five days notice of the audit request, the description of and
purpose €or the audit, and description, to the best of City's ability, of the
books, records and documents it wants to review.
SECTION 2. SERVICE CONTRACT -
A. Grantee shall receive approval from City of thef form and content of the
service contract to be used by Grantee prior to entering into any such ser-
vice contracts with subscribers, and the.Grantee shall make no changes in the
approved service contract withoct prioi wstten approval o'f City. The ser-
121 29/80
B.
C.
D.
E.
F.
..
vice contract shall include, at a minimum, a schedule of all rates and char-
ges, description of services, instructions.on the use of the system, billing
and collection practices.
The service contract shall further contain a statement as follows:
I
Grantee shall not, as to rates, charges, service facilities, rules,
regulations or .in any other respect, make or grant any preference
or advantage to any person, nor subject any person to any prejudice
or disadvantage, provided, that nothing in this Franchise shall be
deemed to prohibit the establishment of special contracts or rates
for heads of houehold who are 62 years of age or older or homebound
persons, or for non-profit charitable organizations, bulk rate dis-
counts for multiple dwellings,. or for promotional or other market-
ing activities.
Grantee shall have authority to promulgate such rules, regulations, terms and
conditions governing the conduct of its business as shall be reasonably.
necessary to enable Grantee to exercise its rights and perform its obliga-
tions under this Franchise and to assure an uninterrupted service to each and
all of its subscribers; provided, such rules, regulations, terms and condi-
tions shall not be in conflict with the provisions of the Franchise, ordi-
nances of City, and laws of the State of Minnesota or the United States.
Each subscriber shall be provided with instructions on filing complaints or
otherwise obtaining information or assistance from Grantee.
.All items described in this section shall be provided to each new subscriber
at.the time a contract is entered or service begun, and to all existing sub-
.scribers not less than once each year.
The term of a subscriber contract shall not be for more than 12 months dura-
tion unless after 12 months the contract may be terminated by the subscriber
at his option at any time, with no penalty to subscriber.
SECTION 3. SUBSCRIBER PRACTICES
A. There shall be no charge for disconnection of any installation or outlet. If
any subscriber fails to pay a properly due monthly subscriber fee, or any . other properly due fee or charge, Grantee may disconnect the subscriber's
-service outlet, provided, however, that such disconnection shall not be
. effected until after the later of (i) 60 days after the due date of said
delinquent fee or charge or (ii) ten days after delivery to subscriber of
written notice of the intent to disconnect. If a subscriber pays before
expiration of the later of (i) or (ii), Grantee shall not disconnect. After
disconnection, upon payment in full of the delinqcent fee or charge and the
payment of a reconnection charge, Grantee shall promptly reinstate the sub-
scriber's cable service.
B. Refunds to subscribers shall be made or determined in the following manner:
(1) If Grantee fails, upon request by a subscriber, to provide any service
then being offered, Grantee shall promptly refund all deposits or ad=
vance charges paid far the service in question by said subscriber. This
provision does not *alter Grantee's responsibility to subscribers under
any separate contractual agreement or relieve Grantee of any other
liability.
(2) If any subscriber terminates any monthly service because of failure of
. Franchise to render the service in accordance with Franchise, Grantee
shall refund to such subscriber the proportionate share .of the charges
paid by the subscriber for the services not received. This provision
does not relieve Grantee of liability established in other provisions of
this Franchise.
C. If any subscriber terminates any monthly service prior to the end of a pre-
paid period, a proportionate amount of- any prepaid subscriber service fee,
using the number of days as a basis, shall be refunded to the subscriber by Grantee. I-
D. Continued failure by Grantee to pro.vIde services required by this Franchise
may, in the discretion of City, be cause for imposition of a penalty or ter-
mination of this Franchise. c
12/29/30
SECTION 4. FRANCIIISE FEE, RATES, CHARGES, CHANGES IN FEES AN0 PROCEDURES
A. Full-Regulatory Power Reserved.
(1) All rates and charges shall be subject to regulation by City, in a
manner to be provided by Council, . In the absence of any City action
taken to exercise rate regulation, Grantee shall be subject to the rate
regulation provisions provided for herein, and of the State or its
agencies that may from time to time be applicable.
(2) In addition to the power to regulate rates and charges, City hereby
reserves the right to adopt regulations governing Grantee's collection
of advance charges and deposits, installation and reconnection charges,
policies and procedures, disconnection charges, policies and procedures,
and the availability of refunds.
(3) Cost for installing any part of the System will be a factor in the rate
only if such cost was incurred within City.
,
* (4) The territory for rates applicable to System shall be City and all
Cities then parties to a joint powers agreement relating to the System.
B. Franchise Fee.
(2) Payment will be made to City with an itemization of the gross revenues
derived from the services in City.
C. Rates and Other Charges.
Throughout the term of this Franchise, Grantee will pay to City, within
60 days after the end of each fiscal year of Grantee, an annual fee of
five (5%) percent of all gross revenues. No payment will be allowed of
any fee that is different from five (5%) percent, other than the filing
fee and payment required of the successful applicant as established to
recover the costs of franchising. Grantee agrees to support any waiver
required by the FCC for the established franchise fee. The annual fee
may be subject to renegotiation at such time as federal or state author-
ities no longer regulate the amount of the fee, but in no event shall
the renegotiated fee be less than five percent (5%).
(1) Rates and charges charged by Grantee for monthly service and installa-
tion and other charges hereunder shall be uniform, fair and reasonable
and designed to meet all necessary costs of service, including a fair
rate of return on the original cost, less depreciation, of the proper-
ties devoted to such service (without regard to any subsequent sale or
transfer price or cost of such properties).
(2) For two years after commencement* of construction of System, or until
completion of all construction required by Article V, Section 1 of this
Franchise, whichever is longer as determined by .City, the maximum rates
shall be the specific rates of Grantee as included in Exhibit B, at-
tached hereto and made a part of this Franchise and known as Grantee
Schedule of Rates.
Service requests for maintenance or repair of Grantee's property shall
.be performed at no charge to a subscriber. If such maintenance or
repair is required as a result of damage caused by subscriber, Grantee
may charge as a maximum its direct costs for material and labor for
service calls to subscribers' homes.
Rates for services not initially included in Exhibit B shall be estab-
. lished only by amendment of this Franchise.
(3)
(4)
D. Rate Changes.
I
(1) No rate change shall be approved that would result in different rates or
charges for service to similarly situated subscribers in the rate terri-
tory, in the sole opinion of City.
(2) No rate or charge change will be approved unless all of the standards
for review have been considered and evaluated and determinations have
been made, all pursuant to this. Franchise.
12/29/ 80
16
(3)
(4)
The standards for reviewing a proposed rate change tlill include at least
the following:
The ability of the Grantee to render System services and to derive
a reasonable profit therefrom under the existing rate schedule and
proposed rate schedule;
Tkie revenues and profits derived from System services;
Tax benefits received by Grantee, its partners or shareholders, as
the result of their investment in the System;
Cash flow derived from System services;
The efficiency of Grantee; I
The quality of the service offered by Grantee;
The original cost of the System, less depreciation;
A fair rate of return with respect to investments having similar
risks to that of providing cable communication services;
The extent to which Grantee has adhered to the terms of this Fran-
chise;
Fairness to residents and subscribers;
Capital expenditures by Grantee in providing updated technology and
service to subscribers;
The extent to which .Grantee has then provided service to schools,
hospitals, libraries, publicly owned or leased buildings and simi-.
lar institutions within City;
I Such other factors as City may deem relevant.
The procedures to be followed in changing a rate or charge shall include
at least the following:
(a) .An application for a rate change will be submitted to City and a
copy filed with the Board.
(b) The application shall be supported by statistical and other proof
indicating that the existing rate or charge is inadequate and
unreasonable and that the proposed increases'are required to enable
Grantee to render service to fulfill its obligations under this
Franchise and to derive a reasonable profit therefrom.
(c) The application shall include current information and financial
information with at least the following:
1. Balance sheet;
2. Income statsment;
3.
4. Detailed -supporting schedules of expenses, income, assets and
Statement of sources and applications of funds;
other items as may be required by City;
5. Statement of current and projected subscribers; -
6. A current list of rates and charges of Grantee applicable to
systems owned or operated by its parent corporation or other
subsidiaries or affiliates of its parent corporation at other
locations;
A current list of rates and charges for other systems in the
seven county Netropolitan area;
7.
-.
.. r
12/ 29 /OO
I
8. Cash flow derived from System services since the commencement
of this Franchise; and
9. Statement of tax benefits received by Grantee, its partners or
shareholders, as a result of their investment in System.
(d) City will notify Grantee and Board and schedule a public hearing on
the request within two weeks from the date of receipt of the appli-
cation and the determination by City of its completeness. Grantee
will notify the public through providing notice for one week, each
day between 7:OO p.m. and 9:00 p.m. on two channels of the date,
place and time of the hearing. City will publish notice ten days
prior to hearing in its official newspaper.
(e) After closing the public hearing, City will have 31 days within
which to make its determination. Any approved change in rates or
charges shall become effective upon the date determined by City.
(f) If City fails to approve the requested change or rates or charges
within the 31 day period, Grantee may appeal pursuant to the then
applicable procedures of the Board.
(8) City may utilize a rate consultant to advise it on proposed rate
changes and to assist it in maintaining uniform rates within the
rate territory. A rate co-nsultant may be any person who has suf-
ficient background and experience, in the sole opinion of City, to
properly evaluate and analyze rates and charges.
(h) All costs for the review of an application for a rate or charge
change shall be paid by Grantee upon demand of City. The costs
shall include, but not be limited to, attorneys' fees, and the
reasonable value of services (as determined by City) rendered by
City or any city employees, agents or representatives of City.
(i) Any time limit may be waived only if City and Grantee consent.
E. Periodic Reviews and Renegotiation.
The field of cable communications is a relatively new and rapidly ch.anging
one which shall no doubt see many regulatory, technical, financial, marketing
and legal changes during the term of the Franchise period. Therefore; in
order to provide for a maximum degree of flexibility in this Franchise, and
to help achieve a continued advanced and modern system, the following renego-
tiation provisions will apply:
(1) City reserves the right to adopt rules and regulations controlling the
procedures and-subjects for periodic reviews and renegotiation. In the
absence of any City action taken to exercise these rights, Grantee shall
be subject to at least the procedures and subjects described in this
section.
(2) City may require, at its sole discretion, System performance evaluation
sessions at any time during the term of this Praiichise or as required by
federal or state law. Such evaluation sessions shall be conducted by
City within 30 days of the third, fifth and tenth anniversary dates of
the effective date of acceptance of this Franchise by Grantee.
(3) All evaluation sessions shall be open to the public and notice of ses-
sions published in the same way 3s a legal notice. Grantee shall notify
its subscribers of all evaluation sessions by announcement on at least
two channels of the'system between the.hours of 7:OO p.m. and 9:00 p.m.
for five consecutive days preceding each session.
(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; services provided; programming offered; community access;
local origination; customer complaints; privacy; amendments to this
Ordinance; judicial, Board and FCC rulings; line extension policies; and
Grantee or City rules.
(5) During a review and evaluation by City, Grantee shall fully cooperate
with City and shall provide without cost such information and documents
as City may request to reasonably perform the service.
12/29/80
(6) If at any time during its review, City determines that reasonable evi-
dence exists of inadequate System performance, it may require Grantee to
perform tests and analyses directed toward such suspected inadequacies
at the Grantee’s own expense. Grantee shall fully cooperate..with City
in performing such testing and shall prepare results and a report, if
requested, within 30 days after notice. The report prepared by Grantee
shall include at least:
(a) A description of the problem in System performance which precipi-
tated the special tests.
(b) What System component was tested.
(c) The equipment used and procedures employed in testing. ’
(d) The method, if any, by which such System performance problem was
resolved.
(e) Any other information pertinent to said tests and analyses which
may be required by City, or determined when the test is performed.
City may require that tests be supervised at Grantee’s expense by a
consultant designated by City. The consultant shall sign all records of
special tests and forward to City such records with a report interpre-
ting the results of the tests and recommending actions to be taken.
(7) As a result of a periodic review or evaluation session, City may require
Grantee to modify the System or to provide additional services. Grantee
will comply with any such requirement of the City unless, in the sole
opinion of City, technology does not permit it, or Grantee establishes
to the satisfaction of City.that the cost would prohibit the implementa-
tion of the modification or the additional services.
SECTION 5. FRANCHISE RENEWAL
I .-- ._
*& , ‘Grantee may apply for renewal of this Franchise not earlier than 18 months
prior to the expiration of this Franchise on forms provided by City. The
renegotiation period shall commence not less than 12 months before’the expi-
ration of the Franchise Term.
.’
B. Grantee may be approved, and this Franchise or modification to it may be
renewed or extended, by City in accordance with the then existing rules of
the FCC, the Board, the City and all other applicable laws, ordinances, rules
or regulations.
C. Nothing in this Franchise shall be construed to require renewal or extension
of this Franchise.
-D. City shall conduct an investigation and evaluation of the Grantee and the
System and the renewal proposal. This investigation and evaluation shall be
completed by City within six months after receipt of the application and
.determination by City of its completeness.
E. Renewal of this Franchise may not be for more than 15 years, unless otherwise
permitted by federal or state law.
ARTICLE VII.
(Reserved)
ARTICLE VIII.
INDEMNIFICATION , INSURANCE , LETTER OF
CREDIT AND BOND
SECTION 1. GENERAX
A. All rights of City pursuant to indemnificgtion, insurance, letter of credit
or bond, as provided for by this Franchise, are in addition to all other
rights the City may have under. tpis Franchise or‘ any other ordinance, rule,
regulation or law.
..
..
19
a 5
B. The exercise or failure to exercise by City of any rights pursuant to any
section of this Franchise shall not affect in any way the right of City to
subsequently exercise any such rights or any other right of City under this
Franchise or any other ordinance, rule, regulation or law.
-
SECTION 2. INDENNIFICATION AND INSURANCE
A. Grantee shall fully indemnify, defend and hold harmless, City, its officers,
boards, commissions, elected officials, agents and employees against any and
all costs, damage, expense, claims, suits, actions, liability and judgments
for damages, including but not limited to, expenses for legal fees, whether
suit be brought or not, and disbursements and liabilities incurred by City in
connection with:
(1) Damage to persons or property, in any way arising out of or through the
acts or omissions of Grantee or City, their respective servants, offi-
cials, agents or employees or to which Grantee's or City's negligence or
that of their respective servants, agents, officials or employees shall
in any way contribute;
(2) Arising out of any claim for invasion of the right of privacy, for
defamation of any person, firm or corporation, or the violation or
infringement of any copyright, trademark, trade name, service mark or
patent, or of any other right of any person, firm or corporation, except
claims because of City's own programming;
Arising out of Grantee's failure to comply with the provisions of this
Franchise, any federal, state or local law, ordinance or regulation
applicable to Grantee or the System; and
(3)
(4) Any and all claims which Grantee may now or hereafter have or claim to
have against City,,its servants, agents, employees or officials, due to
or arising out of damage to any of Grantee's property or equipment,
including, without limitation, resulting or consequential loss of in-
come, injury to reputation, or any other resulting or consequential
damages of any. kind, caused by or resulting from acts or omissions of
City or any of its servants, agents, employees or officials.
B. If suit be brought or threatened against City, either independently or joint-
ly with Grantee, or with any other person or municipality, Grantee, upon
notice given by City, shall defend City at the cost of Grantee, and if final
judgment is obtained against City, either independently or jointly with
Grantee, or any other defendants, Grantee shall indemnify City and pay such
judgment with all costs and satisfy and discharge the same.
C. City reserves the right to cooperate with Grantee and participate in the
defense of any litigation either through intervention or otherwise. Grantee
shall pay upon receipt of written demand from City, all expenses incurred by
City in defending itself with regard' to any matters in this section. These
expenses shall include, but not be limited to, attorneys' fees, and the
reasonable value of services (as determined by City), rendered by City or any
employees, agents or representatives of City.
SECTION 3. INSURANCE
A. Grantee shall maintain liability insurance covering its obligations of indem-
nification provided for in or as a result of the exercise of this Franchise
covering both the City and Grantee and shall maintain said insurance during
the entire term of this Franchise in the minimum amount of:
(1)
(2)
(3) $1,000,000 for personal injury to "any one person; and
$500,000 for property damage to any one person;
$2,000,000 for property damage in any one act or occurrence;
(4) $2,000,000 for personal injury in any one act or occurrence.
B. Such insurance shall be with a company acceptable to City and shall otherwise
be in form and substance acceptable to City. Such insurance policy with
written evidence of payment of required premiums shall be filed and main-
tained with'City during the term of the Franchise. The above minimum amounts
12/23/50
20
C.
’ D.
E.
shall be changed from time to time by Grantee as requested by City. Grantee
shall immediately give notice to City of any threatened or pending litigation
affecting this insurance.
Neither the provisions of this section nor any damages recovered by City
shall be construed to, or shallYJ limit the liability of Grantee.
No recovery by City of any sum by reason of the Letter of Credit or Bond
required in this Franchise shall be any limitation upon the liability of
Grantee to City under the terms of this section, except that the sum so
received by City from such Letter of Credit or Bond shall be deducted from a
recovery under this section, if for the same act or occurrence.
All insurance policies maintained pursuant to this Franchise shall contain
the following endorsement: I
t
It is hereby understood and agreed that this insurance policy may
not be cancelled nor the intention not to renew be stated until 60
days after receipt to City, by registered mail, of written notice
of such intention to cancel or not to renew.
SECTION 4. LETTER OF CREDIT
A. At the time of acceptance of this Franchise, Grantee shall deliver to City an
irrevocable and wconditional Letter of Credit, in form and substance accep-
table to City, from a National or State bank approved by City, in the amount
of $50,000.
B. The Letter of Credit shall provide that funds will be paid to City, upon
written demand of City, and in an amount solely determined by City in payment
for penalties charged pursuant to paragraph C of this section, in payment for
any monies owned by Grantee pursuant to its obligations under this Franchise,
or in payment for any damage incurred as a result of any acts or omissions by
Grantee pursuant to this Franchise.
I .G. - In addition to recovery of any monies owed by Grantee to City or damages to
. ~ City as a result of any acts or omissions by Grantee pursuant to the Fran-
chise, City in its sole discretion may charge to and collect fzom the Letter
of Credit the following penalties:
(1) For failure to complete System construction in accordance with Grantee’s
initial service area plan, unless City approves the delay, the penalty
shall be Two Hundred Dollars 1 ($200.00) per day for each day, or part
thereof, such failure occurs or continues.
(2) For failure to provide data, documents, reports or information or to
cooperate with City during an application process or System review, the
penalty shall be Fifty Dollars ($50.00) per day for each day; or part
thereof, such lailure occurs or continues.
(3) For failure to comply with any of the provisions of this Franchise €or
which a penalty is not otherwise specifically provided pursuant to this
Paragraph C, the penalty shall be Fifty Dollars ($50.00) per day for
each day, or part thereof, such failure occurs or continues.
For failure to test, analyze and report on the performance of the System
following a request by City, the penalty shall be Fifty Dollars ($50.00)
per day for each day, or part thereof, such failure occurs or continues.
For failure by Grantee ‘to modify the System or to provide additional
services within 45 days after required by City following a periodic
review or renegotiation session the penalty shall be Two Hundred Dollars
($200.00) per day for each day, or part therepf, such failure occurs or
continues.
(6) Forty-five days following notice from City of a failure of Grantee to
compl’y with construction, operation or maintenance standards, the penal-
ty shall be Two Hundred Dollars ($200.00) per day for each day, or part
thereof, such failure occurs or continues.
(7) For failure to provide the services Grantee has proposed, including but
not limited to the implementation .and the utilization of the access
I.
3.
12/ 2 9 / 80
21
channels and the nialciag available for use of the equipment and other
facilities to City, the penalty shall be One Hundred Dollars ($100.00)
per day for each day, or part thereof, such failure occurs or continues.
(8) Each violation of any provision of this Franchise shall be considered a
separate violation for which a separate penalty can be imposed.
D. Exclusive of the contractual penalties set out above in this section, a
. violation of any provision of this Franchise is a misdemeanor.
E.
F.
G.
13.
I. '
Whenever City finds that Grantee has violated one or more terms, conditions
or provisions of this Franchise, a written notice shall be given to Grantee
informing it of such violation. At any time after three days following
notice, City may draw from the Letter of Credit all penalties and other
monies due City.
Whenever a penalty has been assessed, Grantee may, within ten days of notice,
notify City that there is a dispute as to whether a violation or failure has,
in fact, occurred. Such notice by Grantee to City shall specify with partic-
ularity the matters disputed by Grantee.
(1) City shall hear Grantee's dispute at the next regularly scheduled Coun-
cil meeting. City shall supplement the Council decision with written
fcindings of fact.
(2) Upon a determination by City that no violation has taken place, City
shall refund to Grantee without interest all monies drawn from the
Letter of Credit by reason of the alleged violation, less All costs and
attorneys' fees incurred by City as a result of Grantee's appeal.
If said Letter of Credit or any subsequent Letter of Credit delivered pursu-
ant hereto expires prior to 15 months after the expiration of the term of
this Franchise, it shall be renewed or replaced during the term of this
Franchise to provide thzt it will not expire earlier than 15 months after the
expiration of this Franchise. The renewed or replaced Letter of Credit shall
be on the same form and with a bank authorized herein and for the full amount
stated in paragraph A of this section.
If City draws upon the Letter of Credit, or any subsequent Letter of Credit
delivered pursuant hereto, in whole or in part, Grantee shall replace the
same within three days and shall deliver to City a like replacement Letter of
Credit for the full amount stated in Paragraph A of this section as a substi-
tution of the previous Letter of Credit.
If any Letter of Credit is not so replaced, City may draw on said Letter of
Credit for the whole amount thereof and hold the proceeds, without interest,
and use the proceeds to pay costs incurred by City in performing and paying
for any or all of the obligations, duties and responsibilities of Grantee
under this Franchise that are not performed or paid for by Grantee pursuant
hereto, including attorneys' fees incurred by the City in so performing and
paying. The failure to so replace any Letter of Credit may also, at the
option of City, be deemed a default by Grantee under this Franchise. The
drawing on the Letter of Credit by City, and use of the money so obtained for
payment or performance of the obligations, duties and responsibilities of
Grantee which are in default, shall not be a waiver or release of such de-
fault;
J. The collection by City of any damages, monies or penalties from the Letter of
Credit shall not affect any other right or remedy available to City, nor
shall any act, or failure to act, by City pursuant to the Letter of Credit,
be deemed a waiver of any right of City pursuant to this Franchise or other-
wise.
SECTION 5. BONDS
A. At the commencement of this Franchise, and at all times thereafter until
Grantee has liquidated all of its obligations with City, Grantee shall main-
tain with City a bond in the sum of Three Hundred Thousand Dollars
($300,000.00) in such form and with such sureties as shall be acceptable to
City,. conditioned upon the faithful performance of Grantee of this Franchise
and the acceptance hereof given by Grantee and upon the further condition
I*
B.
C.
that in the event Grantee shall fail to comply with any law, ordinance or
regulation, there shall be recoverable jointly and severally from the princi-
pal and surety cf the bond, any damages or losses suffered by City as a
result, including the full aiiiount 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 (2%) percent 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.
The rights reserved by City with respect to the bond are in addition to all
other rights the City may have under this Franchise or any other law.
City may, in its sole discretion, reduce the amount of the bond. I
ARTICLE IX.
DEFAULT
SECTION 1. NOTICE AND DEFAULT
,.
A. City shall give written notice of default to Grantee if City, in its sole
discretion, determines that Grantee has:
(1) Violated any provision of this Fraochise or the acceptance hereof, or
any rule, ofder, regulation or determination of the City, state or
federal government, not in conflict with this Franchise;
(2) Attempted to evade any provision of this Franchise or the acceptance
hereof;
(3)
(4) Made a. material misrepresentation of fact in the application for ar
Practiced any fraud or deceit upon City or subscribers;
negotiation of the Franchise; or
(5) Incurred a 12 month or more delay in the construction schedule.
If Grantee fails to cure such default within 30 days after the giving of such
nofice (or if such default is of such a character as to require more than 30
days within which to cure the same, and Grantee fails to commence to cure the
same within said 30 day period and thereafter fails to use reasonable dili-
gence, in City's sole opinion, to cure such default as soon as possible),
then, and in any event, such default shall be a substantial breach and City,
at its option, may elect to either cure the default or terminate this Fran-
chise as follows:
City may cure any *default for the account at at the cost and expense of
Grantee and all sums so expended by City, including attorneys' fees in-
curred in curing such default, whether suit be brought or not, with
interest thereon at a rate per annum two (2%) percent in excess of the
then prime rate, shall be paid be Grantee to City, upon demand, and
failure to so pay upon demand likewise may be deemed by City to be a
default under this Franchise.
City may place the issue of revocation and termination of the Franchise
before the Council at a regular meeting of the City Council. If City
decides there is cause or reason to terminate, the following procedure
shall be followed:
(a)
* I
City shall provide Grantee with a written notice of the reason or
cause for proposed termination and shall allow Grantee a minimum of
30 days subsequent to receipt of the notice in which to correct-the
default.
(b) Grantee shall be provided with an opportunity to be heard at a
public hearing prior to any decision to terminate this Franchise.
(c) In the event that City determines to terminate this Franchise, the
Grantee shall have a period of 30 days, beginning the day next
23
following written notice to Grantee of such dec'ision, within which
to file an appeal with the Board, pursuant to the then applicable
statutes and procedures of the Board. During such 30 day period
and until the Board determines the appeal, if an appeal is taken,
the Franchise shall remain in full force and effect, unless the
term thereof sooner expires.
(d) If Board approves of the action of City, the Franchise shall termi-
nate immediately. If Board disapproves of the action of City, the
Franchise shall remain in full force and effect for the full term
hereof unless sooner terminated in accordance with the provisions
. hereof, or applicable law or rules of Board.
SECTION 2. CROSS DEFAULT
A. If Grantee should be in default under any of the terms or provisions of a
franchise, or acceptance thereof, of another city (then a party to a Joint
Powers Agreement relating to the System), at City's option, to be exercised
by notice to Grantee given at any time while such default exists, such de-
fault may be deemed by City a default by Grantee under this Franchise.
B. This section, or any other section or provision of this Franchise, shall not
be deemed to incorporate into this Franchise by reference any other fran-
chises.
ARTICLE X.
FORECLOSURE, RECEIVERSHIP AND ABANDONTENT
SECTION 1. FORECLOSURE
Upon the foreclosure or other judicial sale of all or a part of the System,
or upon the termination of any lease covering all or part of the System, Grantee
shall notify City of such fact and such notification shall be treated as a notifi-
-cation that a change in control of Grantee has taken place, and the provisions of
this Franchise governing the consent to transfer or change in ownership shall
apply without regard to how such transfer or change in ownership occurred..
SECTION 2. RECEIVERSHIP
City shall have the right to cancel this Franchise 120 days after the ap-
pointment of a receiver or trustee to take over and conduct the business of Gran-
tee', whether in receivership, reorganization, bankruptcy or other action or pro-
ceeding, unless such receivership or trusteeship shall have been vacated prior to
.the expiration of said 120 days, or unless:
(a) Within 120 days after his election or appointment, such receiver or
trustee shall have fully complied with all the provisions of this Fran-
chise and remedied all defaults hereunder; and
(b) Such receiver or trustee, within said 120 days', shall have executed an
agreement with City, duly approved by the Court having jurisdiction in
the premises, whereby such receiver or trustee assumes and agrees to be
bound by each and every provision of this Franchise.
SECTION 3. ABANDONIlENT
Grantee may not abandon any portion of System without having given not less
than three months prior notice to City and Board. Further, Grantee may not aban-
don any portion of System without compensating City for damages resulting from the
abandonment. The amount of damages resulting from abandonment and due City shall
be determined in the sole discretion of City. An abandonment of any portion of
the System as determined in the sole discretion of City shall be.a cause for
termination of this Franchise by City. '
.
.- . 24
12/;29/80
~RTICLE XI.
PURCIlASE OF SYSTEM
SECTION 1. GENERAL
A. If at any time Grantee receives a bona fide purchase offer for the System
which Grantee is willing to accept, a complete copy of such offer shall
promptly be given to City and City shall have the right to purchase the
System according to the terms of that offer. City shall exercise such right
by submitting to Grantee, within six months after City's actual receipt of
the bona fide offer, notice that City desires to purchase the System pursuant
to said offer. If City does not exercise such right the System may be sold,
but only on the terms submitted to City. If any changes are made in the
purchase offer given to City, such purchase offer, as so changed, shall again
be given to City and City shall have six months from actual receipt by City
of the offer, as changed, within which to exercise its right to purchase the
System pursuant to the offer, as changed, all as above provided. If City
. does not exercise its right to purchase the System pursuant to any offer
given to City pursuant to this paragraph, and the System is not sold to the
buyer and on the terms set out in the offer given to City, then the right of
City to purchase the System shall continue, and all subsequent purchase
offers shall be given to City pursuant to this paragraph. Also, the City's
right to purchase pursuant to this paragraph shall survive every sale to a
buyer and shall continue and be binding upon every buyer of the System.
I
B. Upon forfeiture, revocation or termination of this .Franchise, or at the
normal expiration of the Franchise term, City shall have the right to.pur-
chase the System. Such right shall be exercised upon written notice to
Grantee given within six months after the occurrence of any such event.
SECTION 2. PROCEDURES
In the event City elects to exercise its right to purchase the System as
City and Grantee shall negotiate all terms and conditions of the purchase of
the System. I provided in Section 1B of this Article, the following shall *then apply:',
A.
B. If City and Grantee cannot agree upon the terms and conditions of the pur-
chase, City shall have the right to proceed to arbitration. Arbitration
shall commence and proceed according to applicable Minnesota law except as
follows :
(1) The. parties shall, within 15 days of City's I decision to 4proceed to . arbitration, appoint one arbitrator each who is experienced and knowl-
edgeable in the purchase . and valuation' of business property. 'Arbi-
trators shall each agree upon the selection of a third arbitrator,
arbitrator.
L similarly qualified, within 15 days after appointment of the second
...
~ (2) Within 30 days after appointment of all arbitrators and upon ten days
*: written notice to parties, the arbitrators shall commence a hearing on
the terms and conditions of the purchase in dispute.
(3) The hearing shall be recorded and may be transcribed at the request of
either party. All hearing proceedings, detZates and deliberations shall
be open to the public and at such times and places as contained in the
notice or as thereafter publicly stated in the order to adjourn.
The arbitration panel shall be required to determine the purchase price
of the System according to the standards established in paragraph C
below.
At the close of the hearings and within 30 days, the arbitrators shall
prepare written findings and make a written decision agreed upon by a
majority of the arbitrators which shall be served by mail upon City and
Grantee.
I . -. -.(4)
.
(5)
(6) The decision, of a majority of the arbitrators shall be bj,nding, upon both
parties except that City may, in its' sole discretion and without any
penalty or cost to City of any kind, withdraw its offer to purchase
12/29/80
25
within 90 days of receipt of the final decision of a majority of the
arbitrators.
(7) Either party may seek judicial relief to the extent authorized under
flinnesota Statutes, M.S.A. $572.09 and $572.19 as the sme may be amend-
ed, and, in addition, under the following circumstances:
(aj
(b)
(c)
(d)
(^e) The arbitrators have not proceeded expeditiously; or
A party fails to select an arbitrator;
The arbitrators fail to select'a third arbitrator;
One or more arbitrator is unqualified;
Designated time limits have been exceeded;
I
(f) Based upon the -record the arbitrators abused their discretion.
(8) In the event a Court of competent jurisdiction determines the arbitra-
tors have abused their discretion, it may order the arbitration proce-
dure repeated and issue findings, orders and directions, with costs of
suit to be awarded to the prevailing'party.
8-) (9) Cost of arbitration shall be borne equally.
m 0
-3
a C. The purchase price of the System to be paid by City shall be the cost less
depreciation (as shown on the books and records of Grantee) or market value,
whichever is less. Goodwill shall not be included in the purchase price of
' the System.
D. Grantee expressly waives its rights, if any, to relocation costs that: might
otherwise be provided by law.
E. The date of valuation shall be no earlier than the day following the date of
revocation, forfeiture, explration or termination of this Franchise and no
later than the date City.makes a written offer for the System.
ARTICLE XII.
HIS CELLANEOUS
SECTION 1. TRANSFER OF OWNERSHIP OR CONTROL
A. This Franchise shall not be assigned or transferred, either in whole or in
part, or leased, sublet or mortgaged in any manner, nor shall title thereto,
either legal or equitable or any right, interest or property therein, pass to
or vest in any person without the prior written consent of City, which con-
sent shall not be unreasonably withheld. Further, Grantee shall not sell or
transfer any stock'or ownership interest so as to create a new controlling
interest except with the consent of City, which consent shall not be unrea-
sonably withheld. The transfers described in this paragraph shall, in the
sole discretion of City, be considered sale or transfer of Franchise within
the meaning and intent in the following paragraph.
B. Any sale or transfer of Franchise, including a sale or transfer b'y means of 3
fundamental corporate change, requires the written approval of City. Any
sale or transfer of Franchise shall be subject to the provisions of Board
rules prohibiting certain ownership. The parties to the sale or transfer of
Franchise shall make a written request to City for its consent. City shall
repLy in writing within 30 days of actual receipt of the request and shall
indicate its approval of the request or its determination that a public
hearing is necessary. City shall conduct a public hearing on the request
within 30 days of such determination if it determines that a sale or transfer
of Franchise may adversely affect the Grantee's subscribers.
Un1es-s otherwise already provided for by local law, notice of any such hear-
ing shall be given 14 days prior to the hearing by publishing notice thereof
once in.a newspaper of general circulation in the City. The notice shall
contain the date, time and place of the hearing and shall briefly state the
substance of the action to be considered by City. Within 30 days after the
C.
-
.- .
public hearing, City shall approve or deny in writing the sale or transfer - request. L
D. Any sale or transfer of Franchise, including a sale or transfer by means of a
fundamental corporate change, requires notification to the Board by City.
The notification shall be accompanied by the written certification of the
. transferee that it meets all of the requirements established by Ciky for . original Grantee including but not limited to technical ability and financial
' I stability. City shall cause to be sent to the Board a copy of all public - 'documents related to sale or transfer of the Franchise.
E.
P.
G.
. v.
-.
*
,.
The parties to the sale or transfer of only this Franchise, without the
inclusion of the System in which at least substantial construction has com-
menced, shall be required to establish to the sole satisfaction of City that
the sale or transfer of only this Franchise is in the public interest.'
For purposes of this section, fundamental corporate change means the sale or
transfer of a controlling interest in the stock of a c'orporation or the sale
or transfer of all or a majority of a corporation's assets, merger (including
a parent and its sabsidiary corporation), consolidation or- creation of a
subsidiary corporation. For the purposes of this Section, fundamental part-
nership change means the sale or transfer of all or a majority of a partner-
ship's assets, change of a general partner in a limited partnership, change
from a limited to a general partnership, incorporation of a partnership, or
change in the control of a partnership.
%
The word "control", as used herein, is not limited to major stockholders, but
includes actual working control in whatever manner exercised. As a minimum, .
"control", as used herein, means a legal or beneficial interest (even though
actual working control does not exist) of at least five (5%) percent or more.
Every change, transfer or acquisition of control of Grantee shall make the
Franchise subject to *cancellation unless and until City shall have consented
in writing thereto, which consent shall not be unreasonably withheld. For
the purpose of determining whether it shall consent to such change, transfer
or acquisition of control, City may inquire into the qualifications of the
prospectice controlling party, and Grantee shall assist City in 'any such
inquiry and pay all costs incurted by City in s'o inquiring, including City
staff-time at a value determined by City.
H: In the absence of extraordinary circumstances, City will not approve any.
' transfer or assignment of the Franchise prior to substantial completion of
construction of System, as determined solely by City.
1: In no event shall a transfer or assignment of ownership or control be ap-
* proved without tranferee becoming a signator to this Franchise.
J. Any transferee shall be subordinate to any right, title or interest of City.
SECTION 2.
._
I. REMOVAL AFTER TERNINATION OR REVOCATION
A. At the expiration of the term €or which this Franchise is granted, or upon
its revocation or termination, as provided for herein, City shall have the
right to require Grantee to remove, at Grantee's expense, all or any portion
of the System from all streets and public property within City. In-so remov-
ing the System, Grantee shall refill. and compact at its own expense any
excavation that shall be made by it and shall leave all streets and public
property in as good a condition as that prevailing prior to Grantee's removal
of the System, and without affecting, altering or disturbing in any way
*+ electric, telephone or other utility cables,. wires or attachments. City
shall have the right to tinspe'ct and approve the condition of such streets and
public property after removal. The Letter of Credit, Bonds, Insurance, In-
demnity and Penalty provisions of this Franchise shall remain in full force
and effect-during the'entire te'rm of removal.
..
I- -
B. If, in the sole discretion of City, Grantee has failed to commence removal of
'System, or such part thereof as was designated by City, within 30 days after
written- notice of City's demand for removal is given, or if Grantee has
failed to complete such removal within one year after written notice of
City's demand for removal is given, City shall have the right to exercise ode - of the following options:
4'
*I
-, . 9.. . ,
12/ 2 9/so
I
(1) Declare all right, title and interest to the System to be in, City with
all right-s of ownership including, but not limited to, the right to
I operate the System or transfer the System to another for operation by
it.
(2) Declare the System abandoned and cause the System or such part thereof,
as City shall designate, to be removed at no cost to City. The cost of
said removal shall be recoverable from the Letter of Credit, Bonds,
Insurance, Indemnification and Penalties provided for in this Franchise,
or from Grantee directly as a liquidated damage.
C. Any portion of the System not designated by City for removal shall belong to
and become the property of City without payment to Grantee and Grantee shall
execute and deliver such documents, as City shall request, in form and sub-
stance acceptable to City, to evidence such ownership by City.
SECTION 3. WORK PERFORMED BY OTHERS
A. Grantee shall give notice to City specifying the names and addresses of any
other entity, other than Grantee, which performs services pursuant to this
Franchise, provided, however, that all provisions of this Franchise remain
the responsibility of Grantee.
B. All provisions of this Franchise shall apply to any subcontractor or others
performing any work or services pursuant to the provisions of this Franchise.
SECTION 4. INTEREST RATE
, For purposes of this Franchise, prime rate shall mean the interest charged
from time .to time by the First National Bank of Minneapolis for. 90 day unsecured
loans to commercial borrowers of the highest credit rating.
SECTION 5. GENERAL PROVISION ON RIGHTS AND REMEDIES
A. All rights and remedies given to City by this Franchise shall be in addition
to and cumulative with any and all other rights or remedies, existing or
implied, now or hereafter available to City at law or in equity, and such
rights and remedies shall not be exclusive, but each and every right and
remedy specifically given by this Franchise or otherwise exi.sting or given
may be exercised from time to time and as often and in such order as may be
deemed expedient by City, and the exercise of one or more rights or remedies
shall not be deemed a waiver of the right to exercise at the same time or
thereafter any other right or remedy. No delay or omission of City in the
exercise of any right or remedy shall impair any such right or remedy, nor
shall any such delay or omission be construed to be a waiver of or acquies-
cence to any default. The exercise of any such right or remedy by City shall
not release Grantee from its obligations, or any liability, under this Fran-
chise. c
In addition to all other remedies granted or available to City, City shall be
entitled to the restraint by injunction of the violation, or attempted or
threatened violation, by Grantee of any terms or provisions of this Fran-
chise, OK to a decree compelling performance by Grantee of any term or provi-
sion of this Franchise.
.
B.
SECTION 6. . APPLICABLE LAWS IWD COURT DECISIONS: SEVERABILITY
A. Grantee and City shall, at all times, comply with all laws, ordinances and
regulations of federal, state and City government relating to System and this
Franchise.
B. If any law, ordinance or regulation shall require or permit Grantee to per-
form any service or shall prohibit Grantee from performing any service which
may be in conflict with the terms of this Franchise, then as soon as possible
following knowledge thereof, Grantee shall notify City of the point of con-
flict believed to exist between such law, ordinance or regulation.
If City determines that a material provision of this Franchise is affected by
such law, ordinance or regulation, City shall have the right to amend, modi-
fy, alter or repeal any of the provisions of this Franchise to such reason-
able extent as may be necesszry to carry out the intent and purpose of this
Franchise, and Grantee hereby agrees to such amendment, modification, altera-
tion or repeal of this Franchise.
C.
12/23/80
-. 28
D. To the extent any provision of the Offering or rules of Board are not speci-
fically set out in this Franchise or not validly incorporated herein by
reference, City from time to time may amend this Franchise to include such
provision effective as of the date ' of commencement of the Franchise term or
any such rule effective as of the date of commencement of the Franchise term
or adoption of the rule, whichever is later. Grantee, by acceptance of this
Franchise, consents to and agrees to be bound by any such amendments. .
E. City reserves the right to revoke this Franchise and any r'ight or privilege
of Grantee hereunder without incurring any obligation or liability to Grantee
.* if any provision of this Franchise shall be finally adjudged by a court of
law invalid or unenforceable, and if City further finds that such provision
- constitutes at that time a consideration material to the continuance of the
Franchise herein granted. I
-3'. If any term, condition or provision of this Franchise or the application
thereof to any person or circumstance shall, to any extent, be held to be
invalid or unenforceable, the remainder hereof and the application of such
term, condition and provision to persons or circumstances other than those as
to whom it shall be held invalid or unenforceable shall not be affected
thereby, and this Franchise and all the terms, provisions and conditions
hereof shall, in all other respects, continue to be effective and to be
complied with.
SECTION 7. GRANTEE WILL NOT CONTEST VALIDITY OF FRANCHISE
. Grantee agrees that it will not, at any time, set up against City-in any
claim or proceeding, any condition or term of this Franchise as unreasonable,
arbitrary, void or that City had no power or authority to make such term or condi-
tion, but shall be required to accept the validity of the terms and conditions of
this Franchise in their entirety.
SECTION 8. INTERPRETATION BY CITY OF FRANCHISE
In case of any dispute or question as to the meaning, interpretation or
'application of any term, provision or.condition of this Franchise, the Council of
City in its sole discretion shall resolve such dispute or question. .
ARTICLE XIII.
ADMINISTRATION AND ADVISORY BODY
SECTION 1. ADMINISTRATOR
: The City Manager or the City Manager's designee shall be respohsible for the
continuing administration of this Franchise. The administrator may be changed by
City from time to time by written notice given to Grantee.
SECTION 2: ADVISORY BODY .
.-
~ City may appoint an advisory body to monitor the performance of Grantee in
executing the provisions of this Franchise. The advisory body shall perform all
functions required of it by the Council and applicable laws, ordinances, rules and
regulations.
SECTION 3. DELEGATION OF AUTHORITY BY CITY
A. City reserves the right to delegate and redelegate from time to time any of
its rights or obligations under this Franchise to any body or organization.
B. Any delegation by City shall be effective upon written notice by City to
Grantee of such delegation.
C. Upon receipt of notice by Grantee of City's delegation, Grantee shall be
bound by all terms and conditions of the delegation not in conflict With this
Franchise.
D. Any such delegation, revocation or redelegation, no matter how often made,
shall not be deemed an amendment to this Franchise or require" any consent of Grantee. i
-r
0 m
29
ARTICLE XIV.
.. JOINT SYSTEM, ACCEPTANCE,
INCORPORATION OF OFFERING, EXHIBITS, PUBLICATION
SECTION '1. OTHER FRANCHISES
A. The System intended for City, may be part of a joint system that serves the
cities of Eden Prairie, Edina, Hopkins, Minnetonka and Richfield, Minnesota.
B. Grantee will, in good faith, apply for and accept, if offered to it, a fran-
chise (similar franchise) from each of the other cities on all the same terms
and conditions herein provided, except provisions omitted as inapplicable.
C. Notwithstanding any other provision of this Franchise, if less than all of
the other of said cities offer a similar franchise to Grantee, which is
accepted by Grantee, Grantee or City may cancel this Franchise and all of
their obligations hereunder by written notice given to the other not later
than 30 days after all the other of said cities shall have formally acted
upon their respective franchise ordinances; provided, that if Grantee elects
to cancel this Franchise pursuant hereto, it must also cancel all other
franchises granted to it by the other of said cities effective simultaneously
herewith.
(4)
(5)
(6)
Office of the City Attorney - 1 copy;
Rennepin County Law Library - 1 copy;
Local office of Grantee - 1 copy;
SECTION 2. TINE OF ACCEPTANCE; GUARANTEE; INCORPORATION OF OFFERING; EXHIBITS
A. Grantee shall have 30 days from the last date of adoption of a similar fran-
chise by all of the cities listed in Section 1A of this Article, to accept
this Franchise in form and substance acceptable to City. However, in no
event will acceptance occur later than 90 days after the adoption of this
Franchise, unless the time for acceptance is extended by City. Such accep-
tance by Grantee shall be deemed the grant of this franchise for all pur-
poses.
B. Upon acceptance of this Franchise, Grantee shall be bound by all the terms
and conditions contained herein. Grantee shall provide all services and
offerings specifically set forth in the Offering to provide cable communica-
tion service within City and other cities included in or a part of a. joint
system; and, by its acceptance of this Franchise, Grantee specifically agrees
that the Offering of Grantee, including all promises, offers, representations
and inducements contained therein, is specifically incorporated by reference .
and made part of this Franchise. The failure to refer to the Offering in any
specific provisions of this Franchise shall not be a limitation on the ob-
ligation of Grantee to fully comply with the Offering. Grantee further
acknowledges that all promises, offers, representations and inducements
contained in the Offering of Grantee were freely and voluutarily made to City
by Grantee.
C. The Offering shall be permanently kept and filed in the Office of the City
Clerk and the originals or reproductions thereof shall .be available for
inspection by the public during normal business hours. Also, the Grantee may
summarize the Offering in a manner acceptable to City.or reproduce the entire
Offering, and shall have either at the following locations in the following
quantities:
(1) Office of the City Clerk - 1 copy;
(2) Administrator designated in this Franchise - 1 copy;
(3) Public libraries - 1' copy each;
(7) Office of any School District in City - 1 copy.
D. , IR the event of conflicts or discrepancies between any part of the Offering
and the provisions of this Franchise or between any part of the summary made
by Grantee and the Offering, those provisions which provide the greatest
benefit to City, in the opinion of the Council, shall prevail.
121'29/80
.- 30
EXIIIBIT 23
GRANTEE SCHEDULE OF RATES
I. SUBSCRIBER NETWORK
A. Basic Rates.
1. TIERS
Standard
150 Ft. Aerial
Installation
(First Outlet) I Seniors Sr
Homeb ound Monthly
Free $ 19.95 TIER 1 Universal Service.
Converter not re-
quired for this
service
Free
TIER 2 Family Service.
Subscriber owns
converter
Subscriber rents
converter from
Grantee
$ 19.95
$ 19.95
$ 19.95
$ 3.95
Various
$ 3.36
Various
TIER 3 Full service.
Subscriber owns
converter
Subscriber rents
converter from
Grantee
$ 5.95 $ 5.06
$' 19.95 *Various *Various
TIER 3 Expanded Service.
(Expanded) (Included converter
and unit) .$ 19.95 $ 10.95 $ 9.31
~. 2.. Rates will remain constant for two years after commencement of construc-
tion of System or until completion of all construction required by Article V,
Section'l of this Franchise, whichever is longer as determined by City.
. 3. Subscribers will have the option of renting various types of converters
as follows:
Grantee Converter Rate Schedule
Xnitial Plonthly
Rate Des c r ip t ion
1. Block Converter $ 1.00
- 2. OAK L-35 1.50
3. Scientific Atlanta 6700
-Set-up converter 2.50
-Descrambler option 3.00
-remote control option 4.00
-addressable feature 5.00
(not initially available)
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
chobse to rent or buy converters from sources other than the Grantee, however, a
Grantee converter or descrambler will be necessary for premium services.
4. The standard installation rate will include the installation of 150 feet
or less of aerial cable drop to- each subscriber dwelling within the initial ser-
vice area. Aerial installations within the initial service area in excess of 150
feet will be charged at cost on a time and material basis. Underground installa-
tions will be charged at cost on a time and material basis. Free standard instal-
lation on TIERS 2 and 3 will be provided within the first 30 days of energizing
newly completed construction areas in the initial service area.
12/29/80 (Exliiblt B)
5. For dwelling units located within the initial service area but in areas
where the density is lower . than 40 homes per street mile, Grantee retains the
right to assess the following additional installation charges pursuant to the
following conditions:
Density/Mile
30 to 39
20 to 29
1 to 19
Additional Cost Per
Installation
$ 40.00
$ 60.00
$ 80.00
TIER 2 Subscriber owns converter $ 10.00 each $1.95 each
Subscriber rents converter from Grantee $ 10.00 each f?kVarious
TIER 3 Subscriber owns converter $ 10.00 each $3.95 each
Subscriber rents converter from Grantee $ 10.00 each i'fi?Var-ous
a. There will be no free installation period.
b. Grantee will make special financial arrangements to allow
subscribers to pay the installation charges over time as
part of the monthly billing at the prevailing terms on
consumer loans.
c. The rates quoted are based on currently projected costs
of construction. Should the cost of construction be less
than anticipated, installation charges will be lowered
accordingly.
6. Senior Citizen and Homebound discounts of 15% will be offered on stan-
dard installation and monthly service of TIERS 2 and 3. The discount is available
to all dwelling units where the head of the household is a senior, 62 years of age
or older, or homebound.
B. Extra Outlets.
;?Ins tallation (At
time of initial
. Installation) . Monthly
TIER 1 Converter not required $ 10.00 each Free
;?Each outlet installed after the initial installation will be $14.95 each.
;;-%ame Converter rental option as provided for under Section IA of this Exhibit B.
C. Reconnection.
Charges for reconnection of existing installations shall be $14.95 for each
reconnection regardless of the number of outlets. .
D. Commercial Rates For Subscriber Network Services.
These rates will be subject to negotiation and will depend on the number of
outlets 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 a time and material basis)
Monthly Rate 1st outlet $15.00
3rd outlet $ 5.00
Additional
outlets $ 4.00
,
2nd outlet $10.00
E. FM Rates,
FM service is included in the rate structures for TIER 2 and TIER 3.
(ExhlbFt B)
32
F. Multiple Dwelling Rates.
1. Rates will be negotiated depending on the type of service requested and
the number of dwelling units served. Discounts are generally negotiated for Tiers
1, 2, and 3, and subscribers have the option to pay individually forqremium ser-
vices.
I
2. Typical Percentage Discounts for Tier 3 Service
Low Rise (Fewer than four stories
with no elevator)
High Rise
Fewer than 25 units - 5%
More than 25 units - 10%
30 to 49 units - 10% I
50 to 99 units - 15%
100 to 199 units - 20%
200 units upwards - 25%
3. If the multiple dwelling is occupied by only senior citizens or home-
bound persons or both, both the multiple dwelling discount and the seniors and
homebound discount will apply to the monthly basic cable rate.
G. Miscellaneous Provis'ions Reeardine Converters.
1. No deposit will be charged on the rental of Grantee converters. Gran-
tee, however, reserves the right to institute a converter deposit if excessive
loss or damage to the converter units is experienced. 4
2. The various monthly converter rental rates include the replacement
.and/or repair of defective units.
3. Subscribers renting Grantee converters will have the option to buy them
at a price based on the type of converter and length of time the converter has
been rented.
H'. Premium Services.
1. Premium service rates shall be as follows:
MONTHLY
Eome Theater Network $ 3.95
Home Box Office 7.50
CINEMAX 7.50
The Movie Channel 7.50
Showtime 7 SO
Premiere 7s. 50
2. A $1.00 per month discount will be offered to subscribers taking two or
more premium services other than Home Theater Network at any one time.
3. Lockout devices will be available free of charge.
4. Installation for premium services shall be free with the initial instal-
lation 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. $14.95.
5. Pay-per-view service shall be charged on the basis of the event chosen.
The range of charges is expected to be in the order of $2.00 to $5.00 per event. I 11. SERVICES TO GOVEPmNT AND EDUCATION FACILITIES (INCLUDING LIBRARIES)
A. Installation Fees:
-
. 1. One cable outlet (per facility) Free
2. More than one outlet (per facility) At cost of time
and materials
B. There shall be no monthly charge for Tier I, 2, or 3.
( Exli Ib i t B)
33
111. RATES FOR HOFIE SECURITY STATUS NONITORING -
Installation Monthly
A. Single: fire alarm,
. medic alert, or
security alert button $ 49.95 maximum
Double: any two
services 99.95 maximuni
Triple: all three
s e rvi ces 119.95 maximum
Intrusion sensor
system of Grantee or
other .provider variable
depending on
options taken
and provider
of system
$ 4.95 maximum
5.95 maximum
6.45 maximum
4.95 up
depending on
options taken
and provider
of sys tern
B. This rate schedule is exclusive of other third party charges that may be
levied by emergency agencies or city licensing. a n
C. Promotional Discounts.
-3 Rates in this Exhibit B are maximum rates. Grantee may allow special dis-
counts during promotional or other marketing activities. 5
' IV. INSTITUTIONAL NETWORK
A. Installation.
Grantee's installation charge will be based upon the cost of material and
labor. Grantee will provide an installation quote free of charge on request of
any potential institutional network subscriber. Grantee may waive the installa-
tLon charge.
Institutional subscribers must supply any conduits, raceways, trenches or
other passages necessary to permit installation of cable from the distribution
line to the iocation(s) of the terminal equipment.
B. Institutional Network Rates.
1. Institutional rates depend upon the use (video or data channel), the
number of points involved in the communication, whether the communication is
one-way or two-way, and whether the use is full-time (24 hours a day, 365 days a
year) or only part-time (on an hourly basis). Packet data rates are calculated OR
a use basis per 1,000 packets of data. One packet is 80 characters or less.
2. Rates for transmission capacity do not include the costs of terminal
equipment modulators, modems, and demodulators.
3. The institutional subscriber may be charged $20 per month. For this
charge Grantee shall provide communications security system equipment installed on
the subscriber's premises by Grantee. Such equipment may include addressable
taps, transmitter and filters or converter as required and allow access to the
special channels from 300 to 402 MHz.
4. Rates are as follows:
TYPE OF SERVICE
a. For Video (SMHZ*) Channels, used full-time
twenty-four hours a day)
(1) One point to one other point on network
(2) One point to one other point on network
and return
(3) One point to all other points on network
RATE -
$435/month max.
$865/rnonth max.
$3,00O/month max.
121 29/80
34
(4) One point to all other points on network
and return
(Exhibit E)
c
$6,00O/month inax.
b.
(I)
Por Video (GMIZ) Channels, used part-time
From one point to one other point on network -$7.50/hour max.
(2) From one point to one other point on network
and return $15.00/hour max.. I (3) From one point to all other points on network . $50.00/hour max.
(4) From one point to all other points on network
and return $110.00/hour max.
(5) Special Teleconference Yearly Rate for one
hour per business day $1,800.00/year max. .
c- For data channel s-2, full-time (0.251lHz)
(I) From one point to one other point on network $36/month max.
(2) From one point to one other point on network
and return $56/month max.
(3) From one point to all other points on network $232/month max.
(4) From one point to all other points on network
and return $366/month max. .
d. For data channel, full-time (0.50MHz)
(1) From one point to one other point on network $52/month max.
(2) From one point to one other point on network
and return E $100/month max.
(3) From one point to all other points on network $355/month max.
(4.) From one point to all other points on network
and return $596/month max.
e. For data channel, full-time (1.00 PlKz)
(1) From one point to one other point on network $87/month max.
(2) From one point to one other point on network
and return $168/month max.
(3) From one point to all other points on network $614/month max.
(4) From one point to all other points on network
and return $1,05O/month inax.
f. For data channel, full-time (2.OOMHz)
(1)
(2)
From one point to one other point on network
From one point to one other point on network
and return $308/month max.
From one point to a13 other points on network
From one point to all other points on network
and return $1,96O/month max.
$157/month max.
(3)
(4)
$1,132/month max.
g. Packet Switching Data Network
(I) Data transmission charge $1.00/1000 packets
(3) Cable Access Proccssor Lease $25/month
Wo calculate the rate for Fblvideo, multiply the 6MHz rate by 2.3.
:\*Data channels may be used for analog slgiial transmission such as audio.
(2) Connection to Packet Network $100
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35
E.
F.
H.
a- Q m P I.
Grantee shall. have contaming responsibility for this Franchise an' if
Grantee be 3 subsidiary or wholly owned corporate entity of a parent corpora-
tion, performance of this Franchise shall be secured by guarantees of the
parent corporation in form and substance acceptable to City, which shall be
delivkred at time of, and as port of, acceptance of this Franchise.
With its acceptance, Grantee also shall. deliver to City an opinion from its
legal counsel, acceptable to City, stating that this Franchise has been duly
accepted by Grantee, that the guarantees have been duly executed and deliv-
ered, that this Franchise and the guarantees are enforceable against Grantee
and the guarantors in accordance with their respective terms, and which
opinion shall otherwisb be in form and substance acceptable to City.
With its acceptance, Grantee also shall deliver to City true and correct
copies of documents creating Grantee and evidencing the power and authority
referred to in the opinion of Grantee's counsel, certified as of a then
current date by public office holders to the extent possible and otherwise by
an officer of Grantee.
Each exhibit is a part of this Franchise and each is specifically incorporat-
ed herein by reference. The exhibits are as follows:
Exhibit A - Map of Construction by Area, Including Time Schedule.
Exhibit B - Rate Schedule (see attached schedule)
This ordinance shall be in full force and effect upon adoption and publication.
Motion of Councilman Courtney was thereupon seconded by Councilwoman Schmidt.
Rollcall :
Ayes: Bredesen, Courtney, Schmidt, Van Valkenburg
Nays: None
Abstaining : Richards.
MotiDn carried and nrdinance adopted.
c- Mayor 4-u " - ATTEST : r"
City Clerk
BLOOMINGTON PUBLIC HEALTH SERVICES CONTRACT APPROVED FOR 1981. (Councilman Rich-
ards entered the meeting at this point.) Mr. Rosland advised that negotiations
for the 1951 contract with Bloomington Public Health Nursing Services have been
completed with Edina's cost to be $102,424, or an increase of 8.4% over the 1980
cost. He explained that Nico1le.t Clinic had declined to participate but had indi-
cated a possible interest for next year. In response to a question of Councilinan
Bredesen, Councilworan Schmidt said that it is believed that more service is pro-
vided than if Hennepin County dealt directly with Bloomington and that more ser-
vices are being provided than are required by law. Councilwoman Schmidt thereupon
offered the following resolution and noved its adoption:
RESOLUTION
BE IT RESOLVED that the Edina City Council does hereby authorize the Mayor and
City Manager to enter into agreement with the Bloomington Public Health Nursing
Services for the year 1981.
Motion for adoption of the resolution was seconded by Councilman Courtney.
Rollcall:
Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg
Nays: None
Resolution adopted.
1981 ADVAKCE ENCRUMBRANCE FOR STATE AID PROJECTS REQUESTED.
Mr. Rosland, Councilman Richards offered the following resolution and moved its
adoption :
As recommended by
RESOLUTION
BE IT RESOLVED that the Edina City Council does hereby request advance encumbrance
on its 1981 funds for the following State Aid Projects:
120-145-11 $42,441.26
120- 15 1-07 14,472.00
120-020-17 15,131.24
52,166 .OO
35,651.00
120-136-02
120-141-06
120-158-05 42,210.57
120-166-01 43,307,55
120-145-121 53,728.95
12/29/80
36
Motion for adoption of the resolution was seconded by Councilman
Rollcall :
Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg
Nays: None
Resolution adopted.
Bredesen
1980 CITY OF EDINA COMPREHENSIVE PLAN ACCEPTED.
Department, Councilman Courtney offered the following resolution and moved its
adoption:
As recommended by the Planning
RESOLUTION
ACCEPTANCE OF CITY OF EDINA 1980 COPIPREHENSIVE PLAN I WHEREAS, the City Council of the City of Edina has considered and reviewed at
several public meetings the City of Edina Comprehensive Plan 1980; and
ITHEREAS, the City Council of the City of Edina must consider and accept said Plan
prior to submission to the Chairman of the Metropolitan Council for review under
Section 473-175 of the Metropolitan Land Planning Act;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Edina hereby
accepts, but does not adopt, the City of Edina Comprehensive Plan 1980, and
furthermore, that the City $Tanager is authorized and directed to submit said Plan
to the Chairman'of the Metropolitan Council for review under Section 473-175 of
the Metropolitan Land Planning Act.
Motion for adoption of the resolution was seconded by Councilwoman Schmidt.
Rollcali:
Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg
Resolution adopted.
. Nays: None
MR. LYLE BING TO SERVE ON EDINA FOUNDATION.
Council Meeting of January 1, 1980, he had been given authority to appoint a new
member to the Edina Foundation.
ority, he had appointed Mr. Lyle Bing to serve on the Edina Foundation.
man Bredesen's motion was then seconded by Councilwoman Schmidt, confirming the
appointment of Mr. Bing to the Edina Foundation.
The Mayor recalled that, at the
He reported that, in accordance with that auth-
Council-
Ayes: Bredesen, Courtney, Rich-ards , Schmidt, Van Valkenburg .. I -Nays: None
Motion carried.
NAYOR VAN VALKENBURG TJXNXED FOR SERVICE TO CITY.
Meeting of the present term of Mayor Van Valkenburg, City Manager Rosland spoke on
This being the last Council
behalf -of the entire staff , stating that Nayor Van Valkenburg will be sorely.
missed, and thanking him for participating in the affairs of the City of Edina over
the past 20% years. Mr. Rosland emphasized that the stability of its elected
officials is what has made Edina great.
of the Council and staff Over the years.
.
The Mayor reiterated his appreciation
CLAINS PAID.
for payment of the following Claims as per Pre-List: General Fund, $429,814.05;
Park Fund, $1,672.92; Art Center, $6,410.66; Park Construction, $9,900.00; Swim-
$56.27; Water Department, $4,375.82; Sewer Department, $995.65; Liquor Fund,
$129,883.29; Construction Fund, $2,843.32; Total, $593.661.03.
Motion of Mkyor Van Valkenburg was seconded by Councilman Bredesen,
.
-ming Pool, $28.87; Golf Course, $5,037.95; Recreation Center, $2,642.23; Gun Range,
.
The Mayor then declased the meeting adjourned. Adjournment at 4:30 p.m.
Q< fh
City Clerk