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
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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
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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-
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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.
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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,
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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
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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
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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
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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
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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-
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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.
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(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.
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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-
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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
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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
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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
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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
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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.
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(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
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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
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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
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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;
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(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
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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
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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