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:
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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
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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
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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
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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
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(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.
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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.
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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:
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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
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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
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