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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 . i THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, M.INNESOTA ORDAINS: i 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 1 F 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- -1- (� 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 ' r 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 1 provided pursuant to Article V, Section 2, paragraph D of said Ordinance. SECTION 4. That Article V, Section 2, of said Ordinance be r ! -2- t amended to read as follows: t -1 rA.r--Residenees leeated eet94:ele--tne initial servi-- rest-Grantee. The eje a te-shall not e meted the—eQs-ta t:he d- 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 1 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- -3 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 x be allocated to each dwelling and nonresidential unit in the 9 i r extended area whose occupants petition pursuant to Section Z. h C . 1 hereof will be determined as follows: 1 . Grantee shall estimate the total cost of i constructing and maintaining for three (3 ) years from i 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 -4- nearest point of existing plant and running to and 4 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 -5- 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' 9 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 x } designated extended area. i 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 -6- 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 -7- ! 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, r with such sLpporting documentation and information as `w s - F 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 1 escrow amount. 9. Any occupant in an extended area who did not -9- 1 i 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 i time all funds is escrow shall be divided equally and returned to the then current subscribers. i At the end of the three (3) years following the commencement of service to the extended area, all sub- i 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. 4 Y D. Nonresidential units and public buildings in a an area not within the Initial Service Area or an extended area shall be provided service upon acceptance of a quote i 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 -9- 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 A 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 R process followed by City in adopting this Ordinance. 7 SECTION 5. That Paragraph C(1 ) , Article VI , Section 4 of i 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 a i 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 A Ordinance be amended to read as follows: t s H. Each exhibit is a part of this Franchise and each t is specifically incorporated herein by reference. The exhi- bits are as follows: -10- i 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 Y 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 ( -11- I 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 R which opinion shall otherwise be in form and substance acceptable R to City. p { 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: i t k May6r of en rairie PUBLISHED in the Eden Prairie News on the 21st day of July 1983. -12- f 5 :t , FP i FP F P ef FP , 1 • r w 1 . i i � I T : } R �� ._� � /,� � may.. I, /- .. :M ` � �r,:v�:--• i 117 ' � •.� � ` _,,�.�{ _._ .. .r„ ?•fir; 24- 8 F r i kit R , y�80-22 2i'g 7^ c RU I �'� , I Pus , u PUB -olir MOONS r2i4 3 Pug I 1 . 1 2 . ; r a , Y - �.r .i. z 6 r,,,r ,x-", a.yam �/•. 'r -.. �o - -_ ..- - '..i. --- - L._-_. •%., �lr N; spa a•I r(fi �• '� \ // -* �.:. r j ��. / wr' , 1 r r F F —• — � I , N ✓Or ,i jr .a . .. j t 1 ��„ '�• . . c .i ! � \` �, •""rJ'ta.J�, � `� HM-2 79-3� T�l3J ,2 pK 1 • t-2C;Ro 2�fM _ F .if'r �. t d t� r►N9 • L CSC / sk Af A' ?. Ptlfl � s. �, � II '.:rt.�' �, -. '� \�' - �it . .. 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"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 <e g uoljoeS 't isnBnV 'Aopuo �inBij pue 911149 •dopelsojejul IIV' Subscribed and sworn to before me this t day of 19 nwwoo pooB :•Idea leuuosUed t -Iuew asuesuou :Ajoles dullie;S ] i sailrlbekI •sidyy aaU®IJedxe pus �'% 12.f�. "r'j�• , ' OZ 'shun 09.09 -ski •s1188s lalJel oa AIlwej Jo3 a of Uolilppe ul le �U611MUBdW 'uoltewJOIUI -00j S8813 6141 UI QeAo lrrrrrrrrvs�rrrrrrrErrrrrrrirrrrr+r��rr+M -uedo alelpewLul u ol6rlal$€air C ` ' f r ,A ' Notary public, � Couqty. MN I!/� U E418 U O My Commtssion Explrc.(-,�.•1 .r19 rc, 841euor )SeupeM 'UOON tt tv ellene suolieolld E861 'li �Inf jo 'pinieS Bulleioi i 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 a 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 i 38 - 83 - Ridgewood blest 2nd - Centex 39 - 83 - CRC 40 - 83 - Menard' s Shopping Center 3 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 i ,y. 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 3 t d 3 d a