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HomeMy WebLinkAboutOrdinance 1125 ORDINANCE NO. 1125 AN ORDINANCE AMENDING ORDINANCE NO. 853 ESTABLISHING CONDITIONS FOR THE RELEASE AND/OR REDUCTION OF CERTAIN BONDS; DEFERRING THE PROVISION OF CERTAIN INTERACTIVE SERVICES; AND AUTHORIZING THE CONSOLIDATION OF CERTAIN GROUP W ADMINISTRATIVE FUNCTIONS. THE CITY OF COLUMBIA HEIGHTS, MINNESOTA DOES ORDAIN: SECTION 1. That Article 1, Section 5, Subdivision 1, of said Ordinance be amended to read as follows: 11.105(1) System Design The Grantee shall provide a system serviced by a headend in the City of Roseville feeding a single-cable subscriber network and a separate mid-split institutional network. Both networks shall utilize 400 MHz equipment, fully activated for two-way .transmission. The extension from the headend in Roseville shall utilize feed-forward FM technology. The extension shall consist of not more than twenty-eight (28) amplifiers spaced at twenty-two decibels (22 db). The headend used to service City shall be constructed, operated and maintained with the following equipment: Scientific-Atlantic Model 6650 Video Receivers Scientific-Atlantic Model 6350 Modulators Scientific-Atlantic Model 6150 and 6150PL Signal Processors -1- RCA CTM20 Model Modulators Texcan Standby Power Supply Model 90-0300 and Model 90-0400 SECTION 2. That Article 1, Section 5, Subdivision 2, of said Ordinance be amended to read as follows: 11.105(2) The Grantee shall design and construct the system so that at least the following locations may originate and transmit video, audio and data signals on any subscriber or institutional network: the fire and police station, the Columbia Heights Public Library, the fire department training classroom, all public and private elementary and secondary school buildings, the Department of Public Works, the Columbia Heights City Hall, Parkview Villa, Murzyn Hall, Huset Park Bandshell, High School Stadium, Columbia Heights Municipal Service Center, Municipal Liquor Stores within the City, Columbia Heights' city park acti- vity centers, community centers and other locations as may be designated by the City. Grantee further agrees to include North Park Elementary School in the institutional network at such time as allowed by law. All locations mentioned shall each receive a modulator at no cost, except that the municipal liquor bar and park activity cen- ters shall share the use of two modulators. Grantee shall provide a separate 16-mile institutional net- work, with 38 activated downstream channels and 16 activated upstream channels for use by city government, schools, and other -2- local Columbia Heights institutions and businesses. Locations of the institutional network facilities are shown on "Institutional Network Facilities Locations" listing which is attached hereto as Exhibit A and incorporated by reference. The Grantee shall, at its own exDense, be responsible for maintaining, repairing, replacing, and adjusting the institu- tional network and all necessary equipment including, but not limited to modulators and processors. The Grantee shall extend the institutional network to insti- tutions or users not described above upon request of that insti- tution or user and the payment of the necessary construction cost. Necessary construction cost is defined as including plant make ready and all labor and material costs necessary to construct and activate that part of the institutional network commencing at the nearest useable point of existing plant and running to the user. Construction shall be completed and service made available to the requesting institution or user within sixty (60) days of the institution's or user's payment of the necessary construction cost, unless the parties otherwise agree on a different schedule. SECTION 3. That Article 1, Section 5, Subdivision 15, of said Ordinance be amended to read as follows: 11.105(15) Emergency Override The Grantee shall provide an audio and video emergency alert override system including the provision of equipment to the offi- -3- cial or officials designated by City to activate the system. Grantee shall provide at no additional cost to subscriber an audio or visual alarm unit which will alert subscribers to an emergency situation whether or not the television set is turned on. Grantee shall work and cooperate on a continuing basis with City and its designees to ensure that the audio and video emergency alert override system is operating to the reasonable satisfaction of City. SECTION 4. That Article 1, Section 7 of said Ordinance be amended to read as follows: 11.107 Video Production Facilities, St..~ff and Budgets for Access Programming Minimum Facilities The Grantee shall make readily available for public use at least the minimal equipment necessary for the production of programming and playback of prerecorded programs for the spe- cially designated noncommercial public access channel. The Grantee shall also make readily available, upon need being shown, the minimum equipment necessary to make it possible to record programs at remote locations with battery operated portable equipment. Need shall be determined by subscriber petition. The petition must contain the signatures of at least 10 percent of the subscribers of the system, but in no case more than 500 nor fewer than 100 signatures. -4- The Grantee shall make available to access users the two- camera color audio with editing facility, the two-camera color van and the master control as described in Section 11.106(1)(A) at times determined in the operating rules to be developed by the Grantee and the City or its designate. In addition, Grantee shall provide two portable VTR/cameras, and an audio studio for access use. These facilities will be supplied with equipment shown in the Grantee's letter of 9/28/81 and accompanying 15 pages specifying local program production equipment and facili- ties, a copy of which is attached hereto as Exhibit G. The total capital investment for the portable VTR/cameras and audio studio shall be a minimum of $27,700 in Year 1. Capital for access and local origination equipment replacement in Year 10 shall be a minimum of $118,000. Maintenance budgets for access and local origination equipment shall be a minimum of $5,000 in Year 1, $7,000 in Year 3, $8,000 in Year 5 and $13,000 in Year 10. NotwithstandinG anything to the contrary, Grantee shall be responsible, at its own expense, for maintaining, repairing, adjusting, and replacing all public, educational, and Govern- mental access equipment provided by Grantee. Grantee is hereby relieved of the requirement to have a mobile production van exclusively for access users in the City. A mobile produc- tion van shall be available, however, for public access users upon thirty (30) days advance written request. In lleu of the mobile production van, Grantee sha2[1 make available by June 1, -5- 1986 one (1) 2-camera switcher for use by public access users. The switcher shall be capable, at a minimum, of handling two (2) cameras. Grantee and City shall review the availability of a mobile production van, similar to that specified in the Code, on an annual basis to determine whether the need exists for a mobile production van dedicated exclusively for public access use. Grantee shall abide by the decision of the City. SECTION 5. That Article 1, Section 6 of said Ordinance be amended to read as follows: 11.106 System Services The Grantee shall provide as a minimum those services pro- posed in Grantee's application, as shown in the "Summary of Services as Allocated to Channels" which is attached hereto as Exhibit D; and "Summary of F.M. and Audio Services" which is attached hereto as Exhibit E and incorporated by reference. Notwithstanding the preceding provision, any vacant channels or under-utilized channels shall be programmed with available non-duplicated audio-video satellite programming selected at the sole discretion of Grantee. For the purpose of this paragraph, under-utilized channels means those channels without programming for eighteen (18) or more hours a day, seven (7) days a week, other than public, educational or governmental access channels. One-half of these channels shall be programmed with available non-duplicated audio-video satellite programming on or before the effective date of this Ordinance. The remaining channels shall -6- be filled with non-duplicated audio-video programming at the time of acceptance of this Ordinance. SECTION 6. That Article 1,' Section 8 of said Ordinance be amended to read as follows: 11.108 Interactive Services The Grantee shall offer subscribers a home security system including fire detection and medical alert options. The security system must be designed to operate so that the first signal is sent to an intermediary who will verify that the alert is a true emergency prior to notifying the appropriate emergency service. The Grantee will provide at system activation a full-channel videotext information retrieval service, equipment for subscri- .hers to send data messages to the system and for interactive edu- cation. Notwithstanding anything to the contrary, the requirement to immediately provide the above-described interactive services is temporarily deferred subject to the following: (A) Grantee shall, as part of the annual report, report in writing the current technical feasibility and financial reasonableness of the interactive services set forth in the Cable Communications Code, but not currently made available to subscribers; and (B) Grantee shall, in the event Grantee or any parent, subsidiary, related corporation, affiliated corporation, partner or joint venture of Grantee, its parent or any of -7- its subsidiaries makes available any interactive service to subscribers of a System in Minnesota, report in writing within sixty (60) days of the provision of such service the current technical feasibility and financial reasonableness of the interactive services set forth in the Cable Communications Code but not currently made available to subscribers; and (C) Grantee shall, within sixty (60) days of achieving a forty-five percent (45%) Basic Service, as defined herein, penetration, report in writing, the current technical feasibility and financial reasonableness of the interactive services set forth in the Cable Communications Code but not currently made available to subscribers. At any review session described in paragraphs (A)(B) or (C) above, Grantee shall bear the burden of establishing, to the satisfaction of City, that the provision of interactive services is not technically feasible or financially reasonable. Should Grantee fail to establish, to the sole satisfaction of the City at any such review session, that the provision of interactive services is not technically feasible or financially reasonable, the City may request Grantee to provide such services within sixty (60) days and Grantee shall comply with any such request. The sixty (60) days may be extended by the City upon a reasonable showing of need by Grantee. If this Section or any of its subsections are deemed -8- unenforceable under federal or state law or the implementation of its requirements are deemed illegal or unenforceable under federal or state law, then, to that extent, this Section will be of no effect and the pertinent provisions of the Cable Communications Code as it existed immediately prior to the enact- ment of this Ordinance Amendment is automatically reconstituted and shall be of full force and effect. SECTION 7. That said Ordinance be amended by adding an Article 1, Section 9, Subdivision 4 reading as follows: ll.109(4)Non-Regulated Rates. Prior to implementing any rate increase for any service not subject to local rate regulation, other than pay-per-channel or pay-per-view channels, Grantee shall give the following notice: (A) At least sixty (60)'days advance written notice to City together with such supporting documentation as Grantee in its sole discretion determines appropriate; (B) At least thirty (30) days advance written notice to subscribers of that service; and (C) Carriage of an announcement of the rate increase on one channel twenty-four (24) hours a day for seven (7) consecutive days. This announcement may be in the form of a crawl across a portion of the television picture. SECTION 8. That Article 1, Section 13, Subdivision 4, of said Ordinance be amended to read as follows: 11.113(4) Bonds (A) At the time the franchise becomes effective, the -9- Grantee shall file with the City Manager, and shall maintain during the construction period of the System, and until Grantee has liquidated all of its obligations with the City, the following bonds: (1) A labor and material payment bond in the sum of $1,000,000, guaranteeing payment by the Grantee of claims, liens and taxes due to the City which arise by reason of the construction, operation or maintenance of the Cable Communications System. A faithful performance bond running to the City in the penal sum of $1,000,000 conditioned upon the faithful performance of Grantee of all the terms and conditions of the ordinance and upon the further condition that, in the event the Grantee shall fail to comply with any law, ordinance, rule or regulation governing this franchise, there shall be recoverable jointly and severally from the principal and surety of the bond any damage or loss suffered by the City as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of property of the Grantee, plus costs and reasonable attorney's fees up to the full amount of the bond. The rights reserved by the City with respect to the bond are in addition to all other rights the City may have under the franchise or any other law. (B) Following the completion of all construction con- -10- templated by this franchise, the City may require the Grantee to file with the City Manager and to maintain throughout the terms of this franchise, the bonds up to the amounts listed below: (1) A labor and material payment bond in the sum of $500,000 guaranteeing payment by the Grantee of claims, liens and taxes due to the City which arise by reason of the construction, operation or maintenance of the Cable Communications System. (2) A faithful performance bond running to the City in the penal sum of $500,000 conditioned upon the faithful performance of the Grantee of all the terms and conditions of the ordinance and upon the further con- dition that in the event the Grantee shall fail to comply with any law, ordinance, rule or regulation governing the franchise, there shall be recoverable jointly and severally from the principal and surety of the bond any damage or loss suffered by the City as a result, including the full amount of any compensation, indemnification, or cost of removal or abandonment of property of the Grantee plus costs and reasonable attorney's fees up to the full amount of the bond. (C) The rights reserved by the City with respect to the bond are in addition to all other rights the City may have under the franchise or any other law. -11- (D) The bonds shall be subject to the approval of the City and shall be in full force and effect at all times until the Grantee has liquidated all of its obligation with the City. (E) The bonds shall contain the following endorsement: "It is hereby understood and agreed that this bond may not be cancelled until 120 days after receipt by the City Manager, by registered mail, return receipt requested, of a written notice of intent to cancel or not to renew." (F) Upon the completion of construction pursuant to Section 14 hereof the Grantee may: (1) Extinguish the labor and material payment bond described in paragraph (B)(1) above; and (2) Reduce the faithful performance bond described in paragraph (B)(2) above to the penal sum of $100,000. SECTION 9. That Article 1, Section 14 of said Ordinance be amended to read as follows: 11.114 Interruption of Service and Complaint Procedure. (A) The Grantee shall put, keep and maintain all parts of the System in good condition throughout the term of the franchise. Service to Subscribers shall not be shut off or interrupted by Grantee except when necessary, and then only' during periods of minimum use of the System. Unless such interruption is unforeseen or immediately necessary, Grantee shall give 48 hours notice thereof to affected Subscribers. -12- Ail costs incurred in repairing System shall be borne by Grantee. If service is interrupted for more than 24 hours, Subscriber shall be credited on a pro rata basis for such interruption. In all cases, the cause of interruption of service shall be removed and remedied by Grantee as promptly as possible. (B) Grantee shall maintain an office in the City, or other location as approved by the City Council, which shall be open during normal business hours and in no event less than from 9:00 a.m. - 5:00 p.m. Monday - Friday exclusive of legal holidays. Further, said office shall have a publicly listed local telephone and shall be so operated to receive complaints and requests for repairs or adjustments on a twenty-four (24) hour a day basis, seven (7) days per week. This office shall have sufficient telephone service to permit Subscribers to communicate with Grantee without excessive delay. Notwithstanding anything to the contrary, Grantee shall maintain Customer Service hours from 9:00 a.m. to 9:00 p.m. for telephone inquiries. The use of an answering machine, answering service or similar instrument shall not meet the requirements of the preceding sentence. Notice of this information shall be provided to all new Subscribers at the time of subscription and to existing Subscribers annually. (C) All complaints by City, Subscribers, or other per- -13- sons regarding the quality of service, equipment malfunction, billing disputes, and any other matters relative to the System shall be investigated and responded to by a service representative of Grantee within 24 hours. If the complainant is not satisfied by the action taken by the Grantee, the complainant shall file a complaint with the City Council or its designate. Grantee must provide the City Council or its designate with a statement of the action taken to resolve the complaint and/or to preclude any recurrence of the complaint. The City Council or its designate shall cooperate with the company in rectifying the complaint. (D) Grantee shall employ repair technicians capable of responding to and resolving requests for repair service within 24 hours following receipt of the Subscriber complaint or request for repair service. Request for repairs or adjustments received prior to 2:00 p.m. shall be responded to the same day. In no event shall the response time for calls received after 2:00 p.m. exceed 24 hours. Service shall be restored as promptly as possible, and in all cases within three calendar days from receipt of the request for repair service. The cost of repair service maintenance of the System shall be borne by Grantee. If service is not restored within 24 hours, the Subscriber shall be credited on a pro rata basis for such loss of service. (E) Grantee shall prepare and maintain a record of all -14- complaints made to Grantee. This record shall indicate the nature of each complaint, the date and time of receipt, the disposition of said complaint and the time and date thereof. This record shall be made available for inspection upon request by the City. (F) Grantee shall maintain the system as set forth in Form I, pages 30 - 30f of its proposal submitted May 6, 1981, and shall handle service complaints as set forth in Form I, pages 31 -3lb of its proposal submitted May 6, 1981. SECTION 10. That Article 1, Section 15, Subdivision (D) of said Ordinance be amended to read as follows: ll.l15(D) Annual Reports (1) Grantee shall file with the City Manager a certified annual report, On or before March 31 in each calendar year for the preceding calendar year ending December 31. following: (a) The annual report shall include the A statement summarizing the previous year's activities in development of the System, including services commenced and terminated, and Subscribers gained and lost; (b) A financial statement including a state- ment of income, revenues, operating expenses, value of plant, annual capital expenditures, depreciation schedule, interest paid, taxes paid, balance sheet -15- and a statement of sources and uses of funds cer- tified by an officer of Grantee and in a format approved by City. Such format shall be in the same format as any pro formas submitted by Grantee. (c) A current statement of' cost of construc- tion by component category; (d) A statement of construction planned for the next year; (e) A statement reGardinG complaints, iden- tifying the number, nature and disposition; (f) A current list of the names and addresses of each officer and director of Grantee; (G) A statement of current billing practices; (h) A current copy of rules of Grantee; (i) A current copy of the Subscribers Service Contract of Grantee; (j) Results of System performance tests, including a descriptive narrative, conducted within the previous one hundred and twenty (120) days for the purpose of verifying technical stan- dards set forth at Section 13 hereof at such sites as were used to determine completion of construc- tion pursuant to Section 15 hereof. In the event the technical standards of Section 13 hereof were not met, Grantee shall further report in writinG -16- what steps are being taken to meet said standards. A representative of City may, upon request of City, accompany Grantee at the time such tests or repeat tests are conducted. (k) Results of the Annual Subscriber Survey. (1) A marketing plan, includinG specific Goals and projections, together with a recon- ciliation of projections and actual results from the previous year. SECTION 11. That Article 1, Section 15, Subdivision (E) of said ordinance be amended to read as follows: ll.l15(E) Location and Availability of Books and Records of Grantee. (1) The Grantee shall maintain an office in the City of other location as approved by the City, for so lonG as it continues to operate the System or any por- tion thereof and hereby designates that office as the place where all notices, directions, orders, and requests may be served or delivered under the franchise. (2) The requirement in paragraph one (1) above shall be temporarily deferred in order to allow Grantee to consolidate the following operations with the cable television system serving the North Suburban Cable Service Territory: Plant Manager Technicians -17- MarketinG Administration Programming All access employees shall remain at the Columbia Heights public access studio. (3) The consolidation described in (2) above shall be reviewed by City upon the happening of any one or more of the followinG: (a) Grantee achieving a forty-five percent (45%) Basic Service penetration; or (b) The third anniversary of this Ordinance amendment; or (c) System-wide outages exceedinG twenty-four (24) hours per any twelve (12) month period, as determined by City. (4) At any review session described in paragraph (3) above, Grantee shall bear the burden of establishinG to the satisfaction of City that the consolidation described in paragraph (2) above is still necessary and appropriate. (5) As a result of any review session described above, City may, at its sole discretion, request a ter- mination of the consolidation or a modification to the consolidation and Grantee shall comply with any such request including any reasonable time requirements established by City. -18- (6) The common costs due to the above-described consolidation shall be allocated to City in an amount which bears the same ratio to all the common costs of consolidation as the number of subscribers, plant mileage or homes passed in the City bears to the total number of subscribers, plant miles or homes passed in all of the systems participatinG in the consolidation. All costs that can be specifically identified will be allocated specifically to City. (7) If this Section or any of its Subsections are deemed unenforceable under federal or state law or the implementation of its requirements are deemed illegal or unenforceable under federal or state law, then, to that extent, this Section will be of no effect and the per- tinent provisions of the Cable Communications Code as it existed immediately prior to the enactment of this Ordinance Amendment is automatically reconstituted and shall be of full force and effect. (a) The Grantee shall keep complete and accurate books of account and records of its busi- ness and operations under and in connection with the franchise in accordance with normal and accepted bookkeepinG and accounting practices for the Cable Communications industry, and allow for inspection times at designated offices. The books and records -19- to be maintained by Grantee shall include: (1) A record of all requests for service; (2) A record of all Subscriber or other complaints, action taken by Grantee, and the disposition thereof; (3) A file of all Subscriber contracts; (4) Grantee policies, procedures, and company rules; and (5) Financial records. (b) The City or any other person designated by the City Council, shall have access to all books of account and records of the Grantee for the pur- pose of ascertaining the correctness of any and all reports, and shall have authority to audit the Grantee's accounting and financial records upon 24 hour notice. The Council may examine the Grantee's officers and employees, under oath, in respect thereto. (c) Any false entry in the books of account or records of the Grantee or false statement in the reports required to be filed by the Grantee shall constitute a breach of material provision of the franchise. SECTION 12. That Article 1, Section 16, of said Ordinance be amended to read as follows: 11.116 Testing The Grantee shall provide a minimum operational standard as -20- indicated below: (A) The System shall deliver to the Subscribers' ter- minal, a signal that is capable of producing a picture, without visual material degradation in quality. (B) The System shall transmit or distribute signals without causinG objectionable cross modulation within the cables or interfacinG with other electrical or electronic networks or with the reception of other television or radio receivers in the area not connected to the network. (C) Grantee shall construct, operate and maintain the System so as to meet the followinG standards at the furthest subscriber: Carrier to Noise Composite Trible Beat Cross Modulation 43.81 db. -55.0 db. -55.3 db. The standards set forth above shall apply and be measured at the converter output. (D) Grantee shall provide all technical employees with a minimum of forty (40) hours of technical staff traininG per year. (E) The Grantee shall be responsible to abate all interference arising from interfering signals of less than 5 volts per meter. (F) The Grantee shall be responsible for providing spe- cial testing of the System as required by the City. Cost for -21- such special testinG shall be the responsibility of the Grantee. (G) Results of any tests required by the FCC shall be filed within 10 days of the conduction of such tests with the City and the Board. (H) Grantee agrees that the technical standards set forth at paragraph (C) above have been freely offered by Grantee and Grantee or any parent, subsidiary, related cor- poration, partner or joint venture of Grantee, its parents or any of its subsidiaries will not assert and will oppose any assertion that the technical standards set forth in paragraph (C) above are not enforceable under federal, state or local law. SECTION 13. That said Ordinance be amended by addinG Article 1, Section 17, Subdivision (~) reading as follows: 11.117(1~) Annual Subscriber Survey (A) Commencing in 1987 and annually thereafter, Grantee shall, no earlier than ninety (90) days and no later than thirty (30) days prior to submitting its written annual report conduct a survey of the proGramminG preferences and service satisfaction of all subscribers. (B) Each questionnaire shall be prepared and conducted so as to provide reliable measurements of subscriber preferences for: (1) ProgramminG offered by Grantee at the time the poll is conducted; -22- (2) Programming generally available to cable subscribers nationally but not offered by Grantee at the time the poll is conducted; and (3) General subscriber satisfaction or dissatis- faction with the maintenance and complaint practices of Grantee. (C) The survey documents shall be prepared and conducted in conformity with such requirements, including supervision and review of returned surveys, as the City may prescribe. (D) Grantee shall report the results of the survey in writing as part of its annual report and report what steps Grantee is taking to implement the findings of the survey. SECTION 14. That said Ordinance be amended by addinG an Article 1, Section 17, Subdivision (1~) reading as follows: 11.117(10) Completion of Construction At such time as Grantee has accomplished all construction, upgradinG and adjustments contemplated by this Ordinance, Grantee shall so notify the City. Upon receipt of such notice the City shall have ninety (90) days to receive a written report from an independent engineer, provided, however, if the City fails to receive such a written report within the ninety (90) days the System construction shall be deemed completed. In the event an independent engineer is retained by City, System construction shall be deemed completed on the date on which the independent engineer reports positive confirmation of the -23- followinG: (A) Verification of headend equipment and System extension equipment as required herein. (B) Satisfactory test results usinG the technical stan- dards set forth herein at up to twelve (12) widely separated subscriber locations selected by the independent engineer and using the following tests: 1. SiGnal level 2. Hum 3. Bandpass response of System 4. Carrier to noise of System 5. Picture disparities at subscriber location and headend. 6. TASO picture quality; (C) Verification that the emergency alert system is working to the reasonable satisfaction of the City; and (D) Compliance with all applicable codes and standards. A Grantee designated engineer may accompany the independent engineer in the inspection and evaluation. In the event that any of the tests are not immediately satisfactory, the independant engineer shall orally and at the same time so inform the Grantee engineer and the Grantee engineer shall have twenty-four (24) hours in which to correct the deficiency. If the deficiency is corrected within twenty-four (24) hours, the subscriber location in question shall be promptly retested. Such new test results -24- corrected within twenty-four (24) hours, the subscriber location in question shall be promptly retested. Such new test results with respect to such subscriber location shall be reflected in the report of the independent engineer. The cost of the independent engineer and subsequent testing shall be borne equally by Grantee and City, provided, however, that if subsequent testing is necessary beyond the retesting described above, Grantee shall be responsible for the cost of that subsequent testing. SECTION 15. This Ordinance shall be in full force and effect thirty-one (31) days after its-passage provided Grantee accepts this Ordinance, in form and substance acceptable to City, within thirty (30) days of passage. Upon acceptance, Grantee shall be bound by all of the terms and conditions contained herein. SECTION 16. With its acceptance, Grantee shall also deliver to City true and correct copies of documents creating Grantee and evidencing the power and authority of that officer or officers accepting on behalf of Grantee. SECTION 17. With it~ acceptance, Grantee shall also deliver to City a certificate or affidavit acknowledged by a notary of public that the programming requirements set forth in Section 4 hereof have been complied with. Passed and adopted this First Reading: May 12, 1986 Second Reading: May 27, 1986 Offered by: Petkoff Seconded by: .Paul son Roll call: A!I ayes CH2:060 27th day of May , 1986. CITY OF COLUMBIA ~E~GHTS, MINNESOTA M~or v Man'age r -25- ACCEPTANCE OF AN AMENDMENT TO THE CABLE COMMUNICATIONS CODE OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, the City of Columbia Heights, a Minnesota municipal corporation (the "City"), by action of its governing body on May 27. ]986 , 1986, adopted an ordinance amendment (the "Amendment") to the Cable Communications Code and said Amendment, which is now recorded in the ordinance books of the City as Ordinance Number ]]25 ; and WHEREAS, the Amendment requires that it be accepted in writing by Grantee before it becomes effective. NOW, THEREFORE, pursuant to the terms and requirements of the Amendment, and in consideration of the amendment of the Cable Communications Code by City, Grantee does hereby accept the Amendment and does hereby make the following representations and warranties to City: 1. Grantee represents and warrants that neither it, nor its representatives or agents, have committed any illegal acts or engaged in any wrongful conduct contrary to, or in viola- tion of, any federal, state or local law or regulation in connection with the Amendment; 2. Grantee represents and warrants that it is a corporation licensed to do business in Minnesota, and has full right and authority to enter into and fully perform the Amendment; 3. Grantee represents and warrants that all corporate action required to authorize the acceptance of the Amendment and execution and delivery of this Acceptance and all other documents to be executed and/or delivered by Grantee pursuant to the Amendment and to authorize the performance by Grantee of all of its obligations under the Amendment, and all such other documents to be executed and/or delivered by Grantee have been validly and duly acted on and are in force and effect; 4. Grantee represents and warrants that the Amendment and all other documents executed and/or delivered by Grantee have been duly accepted and executed; 5. Grantee represents and warrants that it has carefully read the terms and conditions -1- of the Amendment and accepts without reser- vation the obligations imposed by the terms and conditions of the Amendment; 6. Grantee represents and warrants that neither the execution and delivery of this Acceptance nor the performance contemplated in the Amendment will: a) Conflict with or result in a breach of any provision of Grantee's cor- porate charter or bylaws; or b) Breach, violate or result in a default under, or give rise to any right of termination or cancellation, under any of the terms, conditions or provisions of any note, bond, mortgage, agreement or other instrument or obligation to which Grantee or its parent is a party; and 7. Grantee represents and warrants that the Amendment and this Acceptance are valid, binding and legally enforceable against Grantee in accordance with the terms and con- ditions contained therein. GROUP W CABLE OF COLUMBIA HEIGHTS/HILLTOP, INC. STATE OF ~-~ .~ ) ~ ) ss The forewoing instrument was subscribed and sworn to before me this ~i~ day of , 1986, by · ~ , the ~,~i~i ~,~17~ , of GROUP W CABLE OF COLUMBIA HEIGHTS/HILLTOP, INC., on behalf of said corporation. -2- No, O.~lifled in Qure~flg ID§lJf~ _ commission Explf~a