HomeMy WebLinkAboutOrdinance 1021 ORDINANCE NO. 1021'
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE
OF 1977, PERTAINING TO CABLE COMMUNICATIONS
The City Council of the City of Columbia Heights does ordain:
Section 1:
Section 11.120 of Ordinance No. 853, City Code of 1977,
passed June 21, 1977 which is currently reserved, shall
hereafter read as follows, to-wit:
11.120
VARIANCE PROCEDURE
11.120 (1)
.~urpose
It is the purpose of this ordinance amendment to establish
a process that will enable the City and Grantee flexibility
in the administration and enforcement of this Franchise
without the need for costly ordinance amendments and
delays. Because the term of this Franchise is lengthy,
changes and modifications may be needed because of the
rapid changes occurring in the cable communications
industry.
The Franchise and Grantee's Proposal are complex and
subject to extensive regulation and it is not possible to
delineate the numerous possible areas in which administrative
action or an administrative variance shall be required.
Therefore, except as otherwise provided for in this
Franchise and Grantee's Proposal, where a specific provision
permits a change, alteration or substitution, any change,
alteration or substitution shall be made only after
compliance with the provisions of this Section.
11.120(2)
Subjects of This Section tha~.may be Considered Without
Ordinance Amendment.
Construction techniques, equipment, materials; and/
or the design and development of buildings, appurte-
nances, or other real or personal property incident
to the cable system;
System design and configuration, technical standards,
performance tests and maintenance procedures;
3. Services and programming tiers;
Public access or local origination equipment, per-
sonnel, facilities, and operating procedures;
Subscriber practices, including cOmplaint PrOCedures,
subscriber contracts, repair service, and information
to subscribers; and
11.120(3)
11.120(3) (A)
11.120(3)(B)
11.120(3)(C)
11.120(3) (D)
e
Amounts of insurance, performance bonds, security
deposits or letters of credit, and accrued interest.
Procedure
Notice
A notice pursuant to §11.103(5) shall be given by the
City or Grantee of any change, alteration or substitution
as required in Section 11.120(2). If notice is given by
the City, the City Manager shall furnish notice to Grantee.
Application
Applications for variance shall be filed with the City
Manager. The City Manager shall forward the application
to the chairperson of the Columbia Heights/Hilltop Cable
Communications Commission. The Commission shall review
the application as soon as the Commission finds it timely
and practicable. The Commission may adjourn consideration
of the application from time to time and, upon concluding
its consideration of the said application, shall prepare
written findings and recommendations concerning the
application.
Criteria
The Commission shall consider the following:
The requested variance is a minor deviation from the
Franchise and is consistent with the Franchise in
the sole judgment of the City.
Application of the literal provisions of the Franchise
will result in a hardship to the applicant and to
grant a variance would not be detrimental to other
affected parties.
Due to expense or delay it would be unreasonable to
perfect such change by ordinance amendment.
Undue delay, expense or other adverse results will
not occur by approval of the required variance.
If a variance is because of technical or cost reasons,
the variance will result in equal or better technical
standards or cost efficiency.
Findings Requirement
Before recommending that a variance be approved, the
Co~,~ssion must find that at least three (3) of the above
five (5) criteria are met, and that the variance will not
result in a deviation from the requirements of the MCCB,
FCC or any other rule of law.
11.120(4)
Council Approval
The findings and recommendations of the Commission shall
be forwarded to the City Council of the City affected by
the variance. The council shall approve the variance,
deny the variance, or refer the application back to the
Commission for further study. No variance request shall
be effective until approved by the City Council of the
City affected by the variance. Where both Cities are
affected, a variance request shall not be effective until
approved by both City Councils. The Grantee must consent
to all variances.
Section 2:
This Ordinance shall be in full force and effect from and
after thirty (30) days after its passage.
First Reading:
Second Reading:
Date of Passage:
October 12, 1982
November 8, 1982
November 8, 1982
Offered by:
Seconded by:
Roll call:
Hentges
Petkoff
Petkoff, Hentges,
Norberg--nay
Hovland--abstain
nne Student, Secretary
the Council
to
Bruce'~G[- Nawr~cki, Mayor