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HomeMy WebLinkAboutOrdinance 1202ORDINANCE NO. 1202 AMENDING ORDINANCE 853, CITY CODE OF 1977, TO RENEW THE FRANCHISE FOR A TERM OF FIFTEEN (15) YEARS AND ALTERING CERTAIN F~_ANCHISE REQUIREMENTS. THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN: Section 1: Section 11.103(2) of the City Code of 1977, which section was passed on Novembewr 9, 1981, is amended as follows: 11.103(2) The franchise shall commence on the effective date of this ordinance and shall continue for a period through and including November 9, 2006, unless sooner terminated as provided in this code. Section 2: Section 11.103(3) of the City Code of 1977, which section was passed on November 9, 1981, is amended as follows: 11.103(3) ~QB-Exclusive Grant Nothing in this ordinance shall affect the right of the City to grant to any other person a franchise or right to occupy and use the streets or any part thereof for the construction, operation and maintenance of a System within the City, subject to State and Federal law. The Grantee shall not take a legal position contesting, or otherwise contest in any manner, the City's right or decision to grant such other franchise or to authorize such use of the streets or any part thereof. Nothing contained in the subdivision shall prohibit the Grantee from appearing and being heard on any application for the grant of such franchise or right. Section 3: Section 4: Section 5: Section 11.103(5) of the City Code of 1977, which section was passed on November 9, 1981, is amended as follows: 11.103(5) Written Notice All notices, reports and demands required to be in writing pursuant to this franchise shall be deemed to be given when delivered personally to any office of Grantee or the City Manager of Columbia Heights or forty-eight (48) hours after it is deposited in the U.S. Mail as registered or certified mail, addressed to the party to which notice is being given, as follows: If to City: City Manager City of Columbia Heights 590 - 40th Avenue Northeast Columbia Heights, Minnesota 55421 If to Grantee: Cable T.V. North Central 934 Woodhill Drive Roseville, MN 55113 Attention: Vice President and General Manager Section 11.103(15)(C) of the City Code of 1977, which section was passed on November 9, 1981, is amended as follows: 11.103 (15) (c) Grantee may apply for renewal of this franchise by making application to do so not later than twelve months prior to the expiration of the franchise. Said application shall be on forms provided by the City. If application for renewal is not made as herein set forth the franchise shall terminate at the end of the franchise period. Any renewal of the franchise shall not be for more than 15 years. Section 11.105(1) of the City Code of 1977, which section was passed on November 9, 1981, and amended on May 27, 1986, is amended as follows: -2- 11.105(1) ~ys~em DesiGn (a) The Grantee shall provide a system serviced by the headend in the City of Roseville feeding a single-cable subscriber network and a separate mid-split institutional network. Both networks shall utilize 440 MHz equipment, fully activated for two-way transmission. The extension from the headend in Roseville shall utilize fiber optic technology, construction of which shall be commenced on or before June 1, 1991, and completed no later than November 1, 1992. 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 6105PL Signal Processors ONAN Standby/Emergency Generator (b) On or before November 1, 2001, the Grantee shall have completed the refurbishing of the cable trunk distribution system to the best available technology which is economically and technically feasible at the time of the commencement of construction. On or after January 1, 1996, the City may require Grantee to provide a preliminary report on the best available technology which is economically and technically feasible which Grantee may use to refurbish the cable distribution system in the future. On or after January 1, 1998, the City may require the Grantee to provide a report of the best available -3- Section 6: Section 7: technology which is economically and technically feasible which Grantee intends to use to refurbish the cable trunk distribution system within the City. Section 11.105(18) of the City Code of 1977, which section was passed on November 9, 1981, is amended as follows: 11.105(18) Channel Capacity The Grantee shall construct the subscriber network so that 58 downstream channels and the equivalent of 4 upstream channels are activated upon the effective date of this amendment to the Code. Section 11.106 of the City Code of 1977, which section was passed on November 9, 1981, and amended on May 27, 1986, is amended as follows: 11.106 ~vstem Services Delete the following text: The Grantee shall provide as a minimum those services proposed 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, Leaving the following text: 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 be filled with non-duplicated -4- Section 8: Section 9: Section 10: audio-video programming at the time of acceptance of this ordinance. Section I1.106(1)(A) of the City Code of 1977, which section was passed on November 9, 1981, is amended as follows: 11.106(1)(A) Minimum Channel Services (A) Local Oriaination The Grantee shall cablecast a minimum of 40 hours per week of. programming, of which at least 20 hours per week shall be produced locally. The Grantee shall provide two full-time staff members for its local origination effort, and will provide a two-camera color studio with editing facility, and a master control facility. All facilities will be available for access at times determined in the operating rules to be developed by Grantee and the City or its designate. Section 11.106 of the City Code of 1977, which section was passed on November 9, 1981, is amended by adding the following new subdivisions: 11.106(4) Stereo on Channels On or before July 1, 1991, Grantee will commence the introduction of MTS stereo service on those video services capable of stereo transmission to the subscribers' t.v. sets for those subscribers' t.v. sets capable of receiving such service. On or before July 1, 1993, Grantee shall provide MTS stereo service on all such services capable of transmitting in stereo. 11.106(5) Automatic Audio Volume Control Grantee will commence the provision of automatic audio control of all video program channels on or before December 1, 1991. Section 11.107 of the City Code of 1977, which section was passed on November 9, 1981, and amended on May Z7, 1986, is amended as follows: 11.107 Video Production Facilities. Staff and Budaets for Access Proarammin~ M~D~mum Facilities The Grantee shall make readily available for public use at the least the minimal equipment necessary for the production of programming and playback of prerecorded programs for the specially 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. Grantee shall provide local programming equipment and facilities set forth in Exhibit B attached hereto and made a part hereof. Need shall be determined by subscriber petition. The petition must contain the signature of at least 10 percent of the subscribers of the sdystem, but in no case more than 500 nor'fewer than 100 signatures. The Grantee shall make available to access users the two-camera color stuudio with editing facility 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. Nothwithstanding anything to the contrary, Grantee shall be responsible, at its own expense, for maintaining, repairing, adjusting, and replacing all equipment as set forth in Exhibit B, or any replacements thereto added by Grantee, to ensure that it is kept in good working order. Capital expenditures of no less than $70,000 for replacement local programming equipment shall be made by Grantee during the term of this franchise. Grantee is hereby relieved of the requirement to have a mobile production van exclusively for access users in the City. A mobile production van shall be available, however, for public access users upon thirty (30) days advance written request. Minimun Staff The Grantee shall provide a minimum of at least two full-time staff persons for facilitating access -6- Section 11: Section 12a: programming. Staff assistance for training for access producers will be'provided at no charge. Delete the following text: Rates for non-commercial use of the facilities and training shall be set forth in Exhibit F and incorporated by reference~ Section 11.109(4) of the City Code of 1977, which section was passed on May 27, 1986, is amended as follows: 11.109(4) Non-Re=ulated 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 forty-five (45) 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 11.113(4) of the City Code of 1977, which section was passed on November 9, 1981, and amended on May 27, 1986, is repealed in its entirety. The section to be repealed is as follows: 11.113(4) Bonds Delete the following text:- (A) At the time the franchise becomes effective, the Grantee shall file with the City Manager, and shall maintain during the construction period of the System, and until Grantee has liquidated all -7- (B) 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 Co~munications 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 attorneys' 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. Following the completion of all construction contemplated 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 Section 12b: 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 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 attorneys' 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. (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)(2) above; and (2) Reduce the faithful performance bond described in paragraph (B)(2) above to the penal sum of $100,000. And further Section 11.113(4) of the City Code of 1977, which, section was passed on November 9, 1981, amended on May 27, 1986, and repealed in its entirety herein, is amended as follows: 11.113 (4) Bonds (A) Grantee shall provide a faithful performance bond running to the City in the penal sum of $25,000 conditioned upon the faithful performance of the 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 the franchise, there shall be recoverable jointly and severally from the principal and surety of the bond any damages 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 attorneys' fees up to the full amount of the bond. In addition to the bond requirement in (A) above, at such time as the Grantee commences the rebuild and upgrade pursuant, to Section 11.105(1)(b) of the Code, the Grantee shall file with the City a labor and material bond in the sum of $250,000, guaranteeing payment by the Grantee of claims, liens, and taxes due to the City which arise by reason of the rebuild and upgrade construction. At such time as Grantee has accomplished the refurbishing pursuant to Section 11.105(1)(b), Grantee shall notify the City. Upon receipt of such notice, the City shall have ninety (90) days to obtain and receive a written report from an independent engineer; provided, however, if the City fails to receive such a written report within ninety (90) days, the construction shall be deemed complete. The Grantee may extinguish the labor and material bond upon a determination by the City or under this section of the Code that construction is complete. (c) The rights reserved by the City with respect to the bonds are in addition to all other rights the City may have under this Code or any other law. (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. -10- Section 13: Section 14: Section 15: 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 certified mail, return receipt requested, of a written notice of intent to cancel or not to renew. Section 11.114(F) of the City Code of 1977, which section was passed on'November 9, 1981, is amended as follows: 11. 114 (F) Grantee shall maintain the system in conformance with this Code and all applicable codes and shall handle service complaints consistent with this Code and industry practice. Section 11.115(E)(3) of the City Code of 1977, whigh section was passed on November 9, 1981, and amended May 27, 1986, is amended as follows: 11.115 (e) (3) The consolidation described in (2) above shall be reviewed by City upon system-wide outages exceeding twenty-four (24) hours per any twelve (12) month period, as determined by City. Section 11.117(3) of the City Code of 1977, which section was passed on November 9, 1981, is amended as follows: 11.117(3) Grantee Will Not Contest Validi$¥ Of Grantee agrees that it will not set up against City in any claim or proceeding, except as provided by State or Federal law, any condition or term of the franchise as unreasonable, arbitrary, void or that City had no power or authority to make such term or condition' but shall be required to accept the validity of the terms and conditions of the franchise in their entirety. -11- Section 16: Section 17: Section 18: Section 11.118(3) of the City Code of 1977, which section was passed'on November 9, 1981, is amended as follows: 11.118(3) The franchise ordinance, or any amendments hereto, shall be in full force and effect thirty-one (31) days after its passage provided Grantee accepts the franchise, or any amendments hereto, within thirty (30) days of passage. Upon acceptance, Grantee shall be bound by all of the terms and conditions contained herein. GFantee shall continue to provide at a minimum all facilities and equipment and all broad categories of services'provided on the effective date of this amendment to the Code except to the extent they are not subject to regulation by the City under State or Federal law or upon the mutual consent of the City and Grantee.. Grantee shall provide one cable outlet and non-premium monthly service at no charge to City governmental institutions and educational institutions~ Any additional outlets shall be installed on a "time and materials" basis to be paid by the governmental institutions or educational institutions. The repeal of Exhibits B-G to the initial franchise does not constitute a waiver of any rights of either the City or Grantee. Section 11.102(13) of the City Code of 1977, which section was passed on November 9, 1981, is repealed in its entirety. The section to be repealed is as follows: 11.102(13) "Grantee's proposal" means that certain document dated May 6, 1981, entitled, "Application for Cable Communication System Franchise for the Cities of Columbia Heights and Hilltop, Minnesota", consisting of three bound volumes and a letter of clarification dated July 9, 1981, which were signed by Grantee and are on file with the City Clerk. Section 11.105(9)(D) of the City Code of 1977, which section was passed on November 9, 1981, is repealed in its entirety. The section to be repealed is as follows: -12- Section 19: Section 20: 11.105(9) (D) Grantee's construction practices shall conform to those Practices set forth in the "CATV Cable Construction Manual" appended to Form H of Grantee's proposal dated May 6~ 1981. Exhibits B, C, D, E, F, and G of ordinance No. 982, which revised ordinance No. 853 of the City Code of 1977, which ordinance was passed On November 9, 1981, are repealed in their entirety. The Exhibits to be repealed are attached hereto as Exhibit C to this ordinance and made a part hereof. Section 11.118(4) of the City Code of 1977, which section was passed on November 9, 1981, is amended to delete reference to the repealed Exhibits. The language to be deleted from Section 11.118(4) is as follows: 11.118(4) Exhibit B: Construction Schedule Exhibit C: Construction Schedule Map Exhibit D: Summary of Services as Allocated to Channels Exhibit E: Summary of FM and Audio Services Exhibit G: September 18, 1981, letter from Teleprompter regarding Video Production Facilities, Staff and Budgets for Access Programming Section 21! This ordinace shall be in full force and effect thirty-one (31) days after its passage provided Grantee accepts this Ordinance within thirty (30) days after its passage, in form and substance acceptable to City. Upon acceptance, Grantee shall be bound by all of the terms and conditions contained herein. Passed and adopted this__ day of , 1990. First reading: .June !1, 1990 -13- Second reading: Date of passage: Offered by: Seconded by: Roll call: June 25, 1990 June 25, 1990 Ruettimann Peterson C]erkln, Ruettimann, Peterson, Carlson - aye Nawrockl - nay /~o-~ne Student, '~acreta~ /to the Council -14-