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HomeMy WebLinkAbout1982-109 King Video Cable OrdinanceORDINANCE CITY OF CORCORAN A ORDINANCE GRANTING A CABLE COMMUNICATIONS SYSTEM EXTENSION FERMIT TO KING VIDEOCABLE COMPANY -MINNESOTA WIi�1R�11S, the City of Corcoran, Minnesota, (hereinafter "City' ) desires that cable communication service be made available to �, ic�ences within the City; and ft�-�ER�' �, King videocable Company -- Minnesota (through its r ��rPdecessor-in--interest, Suburban Cablevision Company, L. P. dba ::��].e ,�v Northwest ;he►re��laf ter "Company") has offered to extend €Cx'v.�ce to these residences which are not within the boundaries f its core service unit; and t�t��REA�, Minnesota Statutes, Chapter 238.17, allows a cable communications system to extend or provide service outside of t:lae boundaries of a core service unit if the cable communications system obtains an extension permit issued by the municipality which has jurisdiction over the extension area; and, �`111�I�Irh�;, the City has considered this extension permit at a �:c��R-��:� governing body and has afforded the s public reasonable notice and reasonable opportunity tO be heard and the process has, in all respects, complied with applicable 1awI NOW, THEREFORE, THE CITE COUNCIL OF THE CITY OF CORCORAN DdES ORDAIN: 1. That there be, and hereby is Company - Minnesota, a Washingt on company, its successors avid assignees, a cable communications system extension ` permit within the entire boundaries of the City as they be altered from time to time. The extension permit hereby grants the non-exclusive right and privilege of erecting, enlarging, operating, repairing and maintaining in, on, under, across and along public streets, alleys, right-of-ways and public grounds of the City, including subsequent additions thereto, transmission lines or cables, including all necessary, usual or convenient poles, pole lines, wires, and, all other fixtures and appurtenances, usual and convenient for use in connection therewith, in the operation of a system for the purpose of receiving, transmitting and distributing and furnishing television and radio impulses or signals for public and private use in and to the residential areas of said City which exceeds a density of 35 homes per cable mile and in accordance with the attached construction schedule. �. The Company and the City herein agree to incorporate by reference and to abide by the terms of the Company's proposal, dated June 7, 1989, including the programming services set forth therein as they may change from time to time consistent with state and federal law. 3. The Company and City herein agree, to the extent applicable, to abide by those terms of the cable communications franchise ordinance of the Northwest Suburbs Cable Communications Commission ("Northwest Franchise") as they may be amended, which pertain to systemwide channel capacIty, standards for system installation, maintenance and technical operation, abandonment of service, removal of equipment and termination or cancellation of franchise, which terms are enforceable by the City. 4. The Company and City herein agree that all remaining provisions of the cable communications franchise ordinance and agreement of the Northwest suburbs Cable Communications Commission as they may be amended, are not applicable. 5. The Company shall pay a franchise fee calculated as five percent ( 5 0 ) of gross receipts derived from the extension area to the City on an annual basis. 8. 9. The Company is hereby authorized to collect from its subscribers any governmentally imposed sales tax, copyright fee or royalty. .Prior to implementing any increaso in rates for cable programming service, the Company shall provide thirty {30? days written notice to City. A schedule of rates currently in effect is attached and included as part of this extension permit. The Company shall fully indemnify, defend, and hold harmless the City, its officers, elected officials, employees, and agents, against any and all costs, damage, expense, claims, suits, actions, liability for damages, expense for legal , fees, whether suit is brought or not, incurred by the City related to this permit or the cable system that is operated within the City, except for such claims, costs, damages, liability, and expenses arising out of the City's own fault or wrongdoing, 10. The Company shall maintain liability insurance covering property damage and personal injury in the following amounts. (a) $500,000.00 for property damage to any one person. (L) $7.,000,000.00 for property damage. (o)1,000,000.00 for personal injury to any one person. (d) $2, 00011 00 •04 I personal injury in any one or occurrence. Said insurance shall be in form acceptable to the City Attorney and may be a rider to the insurance coverage provided to the Northwest Suburbs Cable Commission. ��.. The Company shall provide performance bond coverage in the amount of two thousand dollars ($2,non .00). 12. The expiration date of the extension permit herein shall be coincident with that of the cable communications franchise awarded to the Company by the Northwest Suburbs Cable Communications Commission provided that a change in the expiration date of the franchise of the Northwest Suburbs Cable Communications Commission by way of renewal or amendment of said franchise, shall automatically apply to the extension permit herein, unless the City adopts a resolution rejecting the renewal or amendment within thirty (30) days after being advised in writing by the Company of such renewal or amendment of the franchise. 13. If the City determines that the Company is in default on any of its -material obligations, a permit revocation proceeding may be commenced. Prior to commencement of a revocation hearing, Company shall be given thirty ( 3 0 ) days written notice of default and an opportunity to cure said default. said revocation proceeding shall be held before the City Council at a regularly scheduled or duly noticed special meeting with the Company being granted all rights and privileges afforded under the Minnesota Administrative Procedures Act for such a hearing. Following the permit revocation hearing, the City Council may revoke the permit if it finds that the Company has violated any of the material terms of its ermit Costs and expenses of this p P proceedI ng may be awarded to the discretion of a court. ili ]�. At the expiration of the permit issued under this Ordinance, or upon revocation of the permit, the Company shall remove, at its sole expense, all. or any portion of the system from the public streets, alleys, or public ways within, the City. The Company shall be responsible to .restore all public or private property affected by the removal to a condition at least as good as that p which prevailed prior to the Company provided in this Ordinance shall remain in full force and effect during the entire removal Of the system. At tl�e option of the City, following revocation, the cab_ le communications system may be purchased at book value and shall thereafter become the property and responsibility of the City. �.� �'he terms and conditions of this Ordinance shall not be changed without the mutual written consent of the Company and the City. �G All ordinances and parts of are hereby preempted. ordinances in conflict herewith 17. Company shall, if it accepts this Ordinance and the rights and obligations hereby granted, executed and file the wrItten acceptance of the permit hereby granted with the City Clerk sixty (60) days after the passage of this Ordinance. 18. This Ordinance shall be effective upon its passage and publication. A copy of this Ordinance shall be published promptly by the City. PASSED AND ADOPTED THIS =DAY OF .ATTEST: By s It�j�.. Mayor we have reviewed the terms and conditions of this Ordinance and by our signature below agree to all said terms and conditions, subject to State and Federal law. KING �TIDEOCABLE COMPAI�TY-MINNESOTA Q I. ,r ORDINANCE NO. ❑rr❑ CITY OF CORCORAN A ORDINANCE GRANTING A CABLE COMMUNICATIONS SYSTEM EXTENSION FERM IT TO WHEREAS, the City of Corcoran, Minnesota, (hereinafter y') desires that cable communication service be made available to )_esidences within the City; and WHEREAS, King Videocable Company -- Minnesota predecessor -in- interest, (through its Suburban Cablevision (.ompany, L. P. dba Cable 'r.V Northwest) (hereinafte r "Company ") has offered to extend :service to these residences which are no of its core service unit; and t within t he boundaries wrIEREAS, Minnesota Statutes, Chapter 238.17, all a cable communications system to extend or provide service outside of the boundaries of a core service unit if the cable communications system obtains an extension perm municipality which has jurisdiction over t it issued by the he extension area; the City has considered this extension permi t ,.,: y(jt kai mepLi))goftli❑ governing body and has afforded the public reasonable notice and reasonable opportunity to be heard and the process has, in all respects, complied with applicable I aw; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CORCORAN DOES ORDAIN: 1. That there be, and hereby is granted to King Videocable ompany - Minnesota, a Washington company, i Cts successors arid assignees, a cable communications system extension permit within the entire boundaries of the City as they be altered from time to time. The extension permit hereby grants the non - exclusive ri enlarging, operating, repair and maintaining in, on, I under, across and along public streets, alleys, right -of -ways and public grounds of the City, including subsequent additions thereto, transmission lines or cables, including all necessary, usual or convenient poles, pole lines, wires, and.all other fixtures and appurtenances, usual and convenient for use in connection therewith, in the operation of a system for the purpose of receiving, transmitting and distributing and furnishing television and radio impulses or signals for public and private use in and to the residential areas of said City which exceeds a density of 35 homes per cable mile and in accordance with the attached construction schedule. -2- 2. The Company and the City herein agree to incorporate by reference and to abide by the terms of the Company's proposal, dated June 7, 1989, including the programming services set forth therein as they may change from time to time consistent with state and federal law. 3. The Company and City herein agree, to the extent applicable, to abide by those terms of the cable communications k1 franchise ordinance of the Northwest Suburbs Cable Communications Commission ("Northwest Franchise as capacity, standards for system installation, maintenance and technical operation, abandonment of service, removal of equipment and termination or cancellation of franchise, which terms are enforceable by the City. 4. The Company and City herein agree that all remaining provisions of the cable communications franchise ordinance and agreement of the Northwest Suburbs Cable Communications Commissi on on as they may be amended, are not applicable. 5. The Company shall pay a franchise fee calculated as five percent (50) of gross receipts derived from the extension area to the City on an annual basis. -3- 6. The Company is hereby authorized to collect from its subscribers any governmentally imposed sales tax, copyright fee or royalty. 7. Prior to implementing any increase in rates for cable programming service, the Company shall provide thirty (30) days written notice to City. 8. A schedule of rates currently in effect is attached and included as part of this extension permit. I The Company shall fully indemnify, defend, and hold harmless the City, its officers, elected officials, employees, and agents, against any and all costs, damage, expense, claims, suits, actions, liability for damages, expense for legal fees, whether suit is brought or not, incurred by the City related to this permit or the cable system that is operated within the City, except for such claims, costs, damages, liability, and expenses arising out of the City's own fault or wrongdoing. 10. The Company shall maintain liability insurance covering property damage and personal injury in the following amounts: (a) $500,000.00 for property damage to any one person. (u) $2,000,000.00 for property damage. A4 (c) $1,000,000.00 for personal injury to any one person. (d) $2,000,000.00 for any personal injury in any one or occurrence. Said insurance shall be in form acceptable to the City Attorney and may be a rider to the insurance coverage provided to the Northwest Suburbs Cable Commission, 110 T amount of two thousand dollars ($2,000.00). 12. The expiration date of the extension permit herein sha II be awarded to the Company by the Northwest Suburbs Cable Communications Commission provided that a change in the expiration date of the franchise of the Northwest Suburbs Cable Communications Commission by way of renewal or amendment of said franchise, shall automatically apply to it herein, unless the City adopts a the extension perm resolution rejecting the renewal or amendment within thirty (30) days after being advised in writing by the Company of such renewal or amendment of the franchise. -5- 13. If the City determines that the Company is in default on any of its -material obligations, a permit revocation proceeding may be commenced. Prior to commencement of a revocation hearing, Company shall be given thirty (30) days written notice of default and an opportunity to cure said default. Said revocation proceeding shall be held before the City Council at a regularly scheduled or duly noticed special meeting with the Company being granted all rights and privileges afforded under the Minnesota Administrative Procedures Act for such a hearing. Following the permit revocation hearing, the City Council may revoke the permit if it finds that the Company has violated any of the material terms of its permit Costs and expenses of this proceeding may be awarded to the prevailing party in the discretion of a court. 1.4. At the expiration of the permit issued under this Ordinance, or upon revocation of the permit, the Company shall remove, at its sole expense, all or any portion of the system from the public streets, alleys, or public ways within the City. The Company shall be responsible to restore all public or private property affected by the removal to a condition at least as good as that which prevailed prior to the Company putting in the system. The Performance Bond and insurance provided in this Ordinance shall remain in full force and effect during the entire removal of the system. At the option of the City, following revocation, the cable communications system may be purchased at book value and shall thereafter become the property and the City. 15 The terms and cond it changed without t and the City. responsibility of I Ordinance shall not be en consent of the Company 16 All ordinances and parts of ordinances in conflict herewith are hereby preempted. if it accepts this Ordinance and the rights 17. Company shall, and obligations hereby granted, executed and file the written acceptance of the permit hereby granted with the City Clerk sixty (60) days after the passage of this Ordinance. 18. This Ordinance shall be effective upon its passage and publication. A copy of this Ordinance sha promptly by the City. -7- TPA 0 lilt 9^1 AIM We have reviewed the terms and conditions of this Ordinance and by our signature below agree to all said terms and conditions, subject to State and Federal law. KING VIDEOCABLE COMPANY•