HomeMy WebLinkAboutOrdinance - 83-25 - Cable TV - Modifying Initial Service Area - 07/21/1983 ORDINANCE NO. 25-83
AN ORDINANCE AMENDING ORDINANCE NO. 80-33
SETTING FORTH A DESCRIPTION OF THE FACILITIES
TO BE PROVIDED BY GRANTEE; MODIFYING THE
INITIAL SERVICE AREA; AMENDING THE LINE
EXTENSION POLICY OF GRANTEE; PRESCRIBING
INSTALLATIONS CHARGES AS SET FORTH HEREIN; AND
AMENDING THE EXHIBITS .
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THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, M.INNESOTA ORDAINS:
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SECTION I . That Article I, Section 2 , of Ordinance No.
be amended to read as follows:
V. "Public Building" is any building owned or operated
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by the 1.1nited States government or any subdivision thereof,
or the state of Minnesota or any subdivision thereof, or the
City or any other governmental subdivision, or school
district or educational institutions.
SECTION 2. That Article III , Section 4, of said Ordinance
be amended to read as follows:
SECTION 4. FACILITIES.
The Grantee shall construct, maintain and continue to provide
all facilities and equipment set forth in the Offering or as
otherwise provided in Article V, Section 2 and Exhibits A and B
hereto, including, but not limited, to, the headend, hubs,
distribution system, studios, equipment and other facilities.
Grantee ' s plan, as set forth in the Offering, for implementing
the construction, utilization and maintenance of these facili-
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(� ties, including its plans for accommodating future growth and
changing needs and desires, shall be fully and timely performed.
SECTION 3 . That Article III , Section 7 of said Ordinance be
amended to read as follows:
SECTION 7 . SERVICE TO PUBLIC BUILDINGS AND EDUCATIONAL
INSTITUTIONS
tie=sates-net-werle, servIee be all pub __1 - _-•ne buildings, in
{Giy- all,--pellee- departrRent, five--depart: eel—sue
i ibr a_ -ewe }-j--a
fer governmental use by any state, federal ev leeal goverrkment in
Grantee shall initially provide subscriber and institutional
network service, upon request, to public buildings which may
reasonably utilize such service in the Initial Service Area or
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within an extended area pursuant to Part II . A. of Exhibit B to
said Ordinance, as 'hereby amended. Service to public buildings
outside the Initial Service Area or an extended area shall be
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provided pursuant to Article V, Section 2, paragraph D of said
Ordinance.
SECTION 4. That Article V, Section 2, of said Ordinance be
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t amended to read as follows:
t
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rA.r--Residenees leeated eet94:ele--tne initial servi--
rest-Grantee. The eje a te-shall not e meted the—eQs-ta
t:he
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B. Any nenresidential user
Grantee.--The—eluete—eh;all not ems-t-ie -eeet te
emtending the eable and -aL1 - equipment—to
sex —ee said
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SECTION 2. MODIFICATION OF INITIAL SERVICE AREA; EXPANSION OF
SERVICE AREA; AND LINE EXTENSION POLICY.
A . Service will be provided to dwelling and nonresi-
dential units of the City in areas with an average density
less than forty (40) dwelling units per street mile or cable
mile whichever, as determined by City, provides the greater
benefit to the subscribers, (the "extended area" ) , and not j
within the Initial Service Area, upon payment of a construc-
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tion charge based upon the cost contribution formula defined
below.
Dwelling and nonresidential units in areas with an
average density of at least forty (40) dwelling units per
street mile or cable mile whichever, as determined by City,
provides the greater benefit to the subscribers, and those
within the Initial Service Area, will not be required to
make a cost contribution pursuant to the cost contribution
formula below in order to receive service; but the installa-
tion charges set out in fart I. A. of Exhibit B to said
Ordinance, as hereby amended, shall apply to such dwelling
and nonresidential units. The monthly charge for cable
service in the extended area shall be the same as elsewhere
in the system.
B . The cost contribution for construction charges to
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be allocated to each dwelling and nonresidential unit in the 9
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extended area whose occupants petition pursuant to Section Z.
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C . 1 hereof will be determined as follows:
1 . Grantee shall estimate the total cost of
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constructing and maintaining for three (3 ) years from
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the date service is available, the line extension to be
constructed in the extended areas . Total construction
cost is defined as including plant make ready and all
labor and material costs necessary to construct and
activate that part of the system commencing at the
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nearest point of existing plant and running to and
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within the extended area.
2 . The standard cost per dwelling and nonresi-
dential unit in the extended area shall be determined
by dividing the total from (1 ) above by 40, beinq the
standard minimum dwelling unit density.
3 . Grantee' s contribution to the cost of the
line extension shall be determined by dividing the total
number of dwelling units in the extended area, as
designated by the City Council pursuant to Section
2 . C. 2 below, by the number of cable miles or street
miles in the extended area whichever,- as determined by
City, produces the greater benefit to the subscribers,
and multiplying the resulting number by the standard
cost per dwelling unit..
4. The difference between the total costs at (1 )
above and the Grantee' s contribution at (3 ) above is
the total contribution of the dwelling and nonresiden-
tial units in the extended area.
S . The construction charge to be paid by each
subscriber shall be determined by dividing the total
contribution of the dwelling and nonresidential units
from (4) above by the number of dwelling and nonresi-
dential units whose occupants joined in the petition
pursuant to Section 2 .C. 1 hereof. r
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C . Extended areas shall be established and service
under the line extension policy shall be provided in accord-
ance with the following procedure.
1 . Occupants of dwelling and nonresidential units
in an area with an average density of less than forty
(40) dwelling units per street mile or cable mile as
determined above, who desire service shall petition'
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the Council for designation as an extended area. The
petition shall include a map showing the dwelling and
nonresidential units proposed to be included in the
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designated extended area.
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2 . The Council shall by resolution designate the e
dwelling and nonresidential units to be included in
the extended area. 'r
3 . Upon designation of an extended area, Grantee
shall prepare a map indicating the trunk cable line
that will be constructed to serve the extended area and
shall estimate the combined total construction cost and
three ( 3) year maintenance cost for service to the
extended area (Section 2 . B. 1) , the Grantee' s contribu-
tion (Section 2 .B. 3 ) , and the total contribution of the
dwelling and nonresidential units (Section 2 . B.4 ) .
4 . Grantee will estimate the construction charge
to each dwelling and nonresidential unit according to
the formula in Section 2 . B.5, above. Grantee will
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notify Council and occupants in the extended area of
the construction charge estimate by U. S. mail .
5 . Occupants within the extended area who wish
to become subscribers will have thirty (30) days after
mailing of such notice to commit to service, by execu-
ting and submitting a commitment form to Grantee. The
commitment form shall be submitted to and approved in
writing by the City prior to its use by Grantee.
6. Occupants within the same thirty (30) day
period shall deposit the amount of the construction
charge estimate into an escrow account to be main-
tained by the City. If the number of occupants who
deposit the construction charge estimate within such
thirty (30) day period is less than the number who join
in the petition (and the aggregate deposit made by such
occupants is less than the totzil contribution of
dwelling and nonresidential units required by Section
2 .C.7 . ) , Grantee shall, within ten (10) days after the
1
end of the thirty (30) day period, notify in writing by
U. S. mail such depositing occupants of the deficiency
in the escrow account, and such occupants may make addi-
tional deposits within ten (10) days of mailing of such
notice.
7 . If the total contribution of dwelling and
nonresidential units as determined by Section 2 .B.4. is
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! deposited within the time periods specified in C. 6
above, Grantee shall construct the line extension.
Construction shall be completed and service made
available to the extended area within twelve (12)
months from the end of the subscriber deposit period
subject to extension of said twelve (12) month period
pursuant to Article V, Section 3, paragraph C of said
ordinance as amended.
8. Upon completion of the line extension
construction and activation of service to the extended
area, Grantee shall sebmi.t to the City a detailed state-
ment setting forth all actual construction expenses,
including labor, and an estimate of maintenance expense,
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with such sLpporting documentation and information as `w
s
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the City may request. Said statement shall be cer-
tified by an officer of Grantee. Upon receipt, review
and approval by the City, the City shall pay to
Grantee the actual cost <,)f nonstruction and projected
maintenance expense, as approved by City, from the
escrow account. Any excess funds in the escrow account
shall be divided among and returned to the subscribers
in proportion to the amounts contributed by them. In
no event shall the money paid to Grantee exceed the
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escrow amount.
9. Any occupant in an extended area who did not
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participate by initial subscriber contribution under
paragraphs (5 ) and (6 ) above and who wishes to hook up
to the line extension within the first three (3 ) years
after service is commenced in the extended area must
deposit into an escrow account to be maintained by the
City the amount of the construction charge estimate
under paragraph 6 above and adjusted in accordance with
paragraph 8 above. All such new contributions shall be
held in escrow until the end of the third year after
service is commenced in the extended area, at which
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time all funds is escrow shall be divided equally and
returned to the then current subscribers.
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At the end of the three (3) years following the
commencement of service to the extended area, all sub-
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sequent subscribers in the extended area shall be
charged the same installation charge as other
subscribers who are in areas with an average density of
at least forty (40) dwelling units per street mile or
cable mile.
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D. Nonresidential units and public buildings in
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an area not within the Initial Service Area or an extended
area shall be provided service upon acceptance of a quote
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from Grantee. The quote shall not exceed the cost to
Grantee, calculated on a time and material basis, of extend-
ing the cable and necessary cable equipment to service said
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user.
E. Grantee shall indemnify and hold the City and its
respective elected officials, officers, agents, employees
and rel2resentatives, harmless from and indemnified against any
and all loss, costs, damage and expense, including, without
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limitation, attorneys ' fees, now or hereafter incurred by x
it, and arising out of or due to, or claimed to arise out of
or be due to, this Ordinance, the adoption thereof or the
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process followed by City in adopting this Ordinance.
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SECTION 5. That Paragraph C(1 ) , Article VI , Section 4 of
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said Ordinance be amended to read as follows: f
(1 ) Rates and charges charged by Grantee for monthly M1
service and installation , other charges hereunder shall be
a
uniform, fair and reasonable and designed to meet all
necessary costs of service, including a fair rate of return
on the original cost, less depreciation, of the properties {
devoted to such service (without regard to any subsequent
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sale or transfer price or cost of such properties ) . 1
Construction cost contributions shall be made pursuant to
Article V, Section 2 and installation charges shall be made pursuant
1
to Exhibit B hereto.
SECTION 6. That Article XIV, Section 2, paragraph H. of said
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Ordinance be amended to read as follows: t
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H. Each exhibit is a part of this Franchise and each t
is specifically incorporated herein by reference. The exhi-
bits are as follows:
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Amended Exhibit A - Map of Construction by Area,
Including Time Schedule and Initial
Service Area.
Amended Exhibit B - Rate Schedule ( see Section (7 ) of
this amending Ordinance for the amendment to Exhibit B)
SECTION 7. That Exhibit B of said Ordinance be amended by
deleting Article I , Section A, paragraph 5 .
SECTION 8. That notwithstanding any other provision of this
Ordinance, if less than all of the other of the Cities of Eden
Prairie, Edina, Hopkins, Minnetonka and Richfield offer a similar
franchise Ordinance amendment to Grantee, which is accepted by
Grantee, Grantee or City may cancel this franchise Ordinance
amendment and all of their obligations hereunder by written
�. notice given to the other not later than thirty (30) days after
all the other of said Cities shall have formally acted upon their d
respective similar franchise Ordinance amendments; provided, that f
if Grantee elects to cancel this franchise Ordinance amendment
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pursuant hereto, it must also cancel all other franchise
Ordinance amendments granted to it by the other of said Cities
effective simultaneously herewith .
SECTION 9. Grantee shall have thirty ( 30) days from the last °
date of adoption of a similar franchise Ordinance na amendment by
all of the Cities listed in Section 8 of this Ordinance, to
accept this franchise Ordinance amendment in form and substance
acceptable to City. However, in no a ent will acceptance occur
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later than ninety (90) days after the adoption of this franchise
Ordinance amendment unless the time for acceptance is extended by
City. Such acceptance by Grantee shall be deemed the grant of
this franchise Ordinance amendment for all purposes.
SECTION 10. With its acceptance, Grantee also shall deliver
to City an opinion from its legal counsel, acceptable to City,
stating that this franchise Ordinance amendment has been duly
accepted by Grantee, that this franchise Ordinance amendment is
enforceable against Grantee and the guarantors of the franchise
granted by the said Ordinance, in accordance with its terms, and
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which opinion shall otherwise be in form and substance acceptable
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to City. p
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SECTION 11. That this Ordinance shall be in full force and
effect upon adoption and publication and acceptance in writing by'
Grantee.
FIRST READ at a regular meeting of the C;ty Council of the
City of Eden Prairie on the _ 7th day of June , 1983, and finally
read and adopted and ordered published at a regular meeting of the City
Council of said City on the 21stday of June 1983.
ATTEST:
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t k May6r of en rairie
PUBLISHED in the Eden Prairie News on the 21st day of July 1983.
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♦� d $ e, 0,#a 1 LINE EXTENSION AREA Shaded Area
INITIAL SERVICE AREA - Unshaded Area
Includes Fire Station at 7E
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Public Service Building at
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CROSSHATCHED AREA to be bui
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(EdenPrai
Minnetonka, and Richfield)
June 6 , 1983
R` LXHICIT A
(Official Publication 3079)
ORDINANCE NO.U43
AN ORDINANCE AMENDING ORDINANCE NO.
33 SETTING FORTH A DESCRIPTION os THE
F Affidavit o f Publication
FACILITIES TO BE PROVIDED 8Y A GRANTEE;
MODIFYING THE INITIAL SERVICE AREA;
AMENDING THE LINE EXTENSION POLICY OF
GRANTEE; PRESCRIBING INSTALLATIONS
CHARGES AS SET FORTH HEREIN;AND AMEN-
DING THE EXHIBITS
THE CITY COUNCIL OF THE CITY OF EDEN
PRAIRIE,MINNESOTA ORDAINS:
SECTION 1.That Article I,Section 2,of Ordinance
No.W-M be amended it,read as follows:
V. "Public Building" is any building owned or
operated by the united States government or any
subdivision thereof,or the state of Minnesota or any `
aabcIl"t'o'tthered•o'thieChyorwW other gym- State of M nnesota I
mental subdivision,or school district or educational )SS.
insututions.
SECTION 2.That Article III,Section 4.of said Or. County O f �e n n e p i n
dinsnce be amended to read as follows:
SECTION 1.FACILITIES
Stan Rcifsrud,being duly sworn,on oath says that he is and during all the time herein stated has been the publisher and
.s- printer of the newspaper known as Eden Prairle hews and has full knowledge of the facts herein stated as follows: (1)
Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in
printed space to at least 1.200 square inches.121 Said newspaper is a weekly and is distributed at least once a week. (3)
Said newspaper has 50%of its news columns devoted to news of local interest to the community which it purports to serve
and does not wholly duplicate any other publication and is not made up entirely of patents,plate matter arwf adver-
tisements.14)Said newspaper is circulated in and near the municipality which it purports to serve,has at least 500 copies
it; regularly delivered to paying,subscribers,has ar,average of at least 75%of its total circulation currently paid or no more
+r than three months in arrears and has entry as second-class matter in its local post-office.(5)Said newspaper purports to
serve the City of Eden Praire to the County of Hennepin and has its known ofCce of issue in the City of Eden Prairie in
said county,established and open during its regular business hours for the gathering of news,sale of advertisements and
sale of subscriptions and maintained by the managing officer of said newspaper,persons in its employ and subject to his
0 direction and control during a'I such regular business hours and at which said newspaper is printed.(6)Said newspaper
►>, files a copy of each issue immediately with the State Historical Society. (7)Said newspaper has complied with all the
tit foregoing conditions for at least one year preceding the day or dates of publication mentioned below.(8) Said newspaper
IS has filed with the Secretary of Stale of Minnesota prior to January 1,1976 and each January 1 thereafter an affidavit in
tp the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a
C notary public staling that the newspaper is a legal newspaper.
_ He further states on oath that the printed legal 3079
aA hereto attached as a part
hereof was cut from the columns of said newspaper,and was printed and published therein in the English language,once
each week,for 1 successive weeks; thati,was first so published onThU r5the .2-1. day ofJ V 1x1983 and
It
was thereafter printed and published on every to and including,the day of . . . ,19 and
jje that the following is a printed copy of the lowercase alphabet from A to Z,both inclusive,and is hereby acknowledged as
being,the size and kind of type used in the cornpasition and public' n of said notice,to wit:
J
0 ahcdefghijkimno ,wo,x
6LE5S ozuu
IetlS'8 x0a 1•8.3 -JI11v•Alluntiodd
J PueS lnjdleiy 13UISOID •esnoylJ
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�inBij pue 911149 •dopelsojejul IIV'
Subscribed and sworn to before me this t day of 19
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INDEX, TO 1983 ORDINANCES - page 2.
26 - 83 - City West - Ryan Construction ...
* 27 - 83 —Welsh Construction Offices
28 - 83 - Amending City Codes, Secs. 6. 02, 6.03 and 8.08, Subd. 2.
29 - 83 - Cardinal Creek 3rd Addition - Gustafson
30 - 83 - Interim Use in Major Center Area
t
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31 - 83 - James Refrigeration u
r
32 - 83 - Rembrandt Ridge
33 - 83 - Deferment of Special Assessments for Senior Citizens and Handicapped
t
34 - 83 - Coninercial Stable Code
4
35 - 83 - High Trail Estates - 2nd
* 36 - 83 - Flying Cloud Business Center
37 - 83 - Public District Sign Code Amendment
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38 - 83 - Ridgewood blest 2nd - Centex
39 - 83 - CRC
40 - 83 - Menard' s Shopping Center
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41 - 83 - Timber Creek
42 - 83 - E. A. Sween
43 - 83 - Burger King
44 - 83 - Preserve Manor Homes
45 - 83 - Montessori School •r.f. .,.
46 - 83 - Cable TV Rate Change
47 83 - Apple Groves PUD
48 - 83 - Maple Hill !` ,
49 - 83 - Prairie Wash
50 - 83 - Castlemoor Office Park
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51 - 83 -- Bluff Ridge PUD
52 - 83 - Paul sen' s Addition j
53 - 83 - first Edina Bank �•
54 - 83 - Civil Defense 12-6-83
55-83 Hidden Ridge Addition
56-83 VOID
57-83 Brock Residence Inn
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