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Home My WebLink AboutOrdinance - 13-85 - Amending Cable TV Franchise Ordinance - 04/16/1985 4152C(18 ):TSE 42085 ORDINANCE NO . 13-85 AN ORDINANCE AMENDING ORDINANCE NO . 80-33 TO CHANGE THE NAME OF GRANTEE; TO EXTEND THE FRANCHISE TERM; TO CHANGE THE INSURANCE REQUIREMENTS ; AND TO CHANGE THE COMPUTATION OF THE PURCHASE PRICE TO BE PAID BY CITY UPON EXPIRATION OF THE FRANCHISE. THE CITY OF EDEN PRAIRIE , MINNESOTA DOES ORDAIN: SECTION 1 . That Article I , Section 2 , Paragraphs J and S of said Ordinance be amended to read as follows: J. "Grantee" is-Minn esota-Cab1Quystams- Rogers Cablesystems of Minnesota Limited Partnership, a Minnesota limited partnership, with Rogers Cablesystems of Minnesota , Inc . , a Minnesota corporation, as the General Partner.,-i---,-zg.e1-��.ac emplogecs. S . "SWSCC" shall mean the Southwest Suburban-E-2 ;--�� Cable Commission. SECTION 2. That Article II ,• Section 4 of said Ordinance be amended to read as follows: This Franchise shall commence upon acceptance by Grantee ( and shall expire on December 31 , 1995 . Provided , however, that if by December 31 , 1987 , Grantee ( i ) is able to close on , and have funded , without conditions , new long term financing, reasonably satisfactory to City , to replace the obligation evidenced by loan documents dated April 1 , 1982, from Grantee to Toronto Dominion Bank of Toronto, Canada , in the original principal amount of Eighteen Million and No/100 Dollars ($18 , 000 , 000 .00 ) ( the "Existing Indebtedness " ) , and ( ii ) gives written notice of such new financing to City with written evidence thereof reasonably, acceptable to City, then , upon the occurrence of ( i ) and ( ii ) by December 31 , 1987 , the term of this Franchise shall be extended by four (4 ) years, from December 31 , 1995 to December 31 , 1999 , subject, however , to avoroval of such extension by the Board, if required, and the FCC, if required , and any other governmental body having jurisdiction over the matter , if required. If any such approvals are required, City and Grantee agree to cooperate in obtaining such approvals. If any such approvals are required, and are not obtained, for any reason , then the four (4 ) year extension shall not become effective. If such extension becomes effective, Grantee and City shall sign and deliver an agreement evidencing such extension , but such extension shall be effective even without such additional b agreement . i SECTION 3. That Article V, Section 2 of said Ordinance be amended by adding thereto a new Paragraph F as follows: w 4152C(18 ) :TSE: 041185 F. City may waive , at any time and from time to time, for !3ood cause shown , by Council resolution , compliance by Grantee with any or all of the requirements imposed on Grantee by this Section 2 relative to providing service to any extended area or areas. SECTION 4. That Article VIII , Section 2, Paragraph A, subparagraph (4 ) of said Ordinance be. amended to read as follows : (4 ) Any and all claims which Grantee may now or hereafter have or claim to have against City, its officers , boards , commissions , servants, agents, employees or officials, due to or arising out of , damage to any of Grantee 's property or equipment, including, without limitation, resulting or _ consequential loss of income, injury to reputation, or any other resulting or consequential damages of any kind, caused by or resulting from acts or omissions of City or any of its officers, boards , commissions, servants, agents , employees or officials . SECTION 5. That Article VIII , Section 3, Paragraph A of said Ordinance be amended to read as follows: A. Grantee shall maintain liability insurance covering its obligations of indemnification provided for in, or as a result of the exercise of, this Franchise (except , however , for the indemnifications in subparagraph (3 ) of Article VIII , Section 2, Paragraph A of this Franchise) covering both the City and Grantee and shall maintain said insurance during the term of this Franchise in the minimum of : 1. $500 , 000 . 00 for property damage to any one person; 2. $2, 000 , 000. 00 for property damage in any one act or occurrence; 3 . $1, 000 , 000.00 for personal injury to any one f person, and 4. $2, 000 , 000. 00 for personal injury in any one act or occurrence. The foregoing insurance may be provided by means of a blanket liability insurance policy or policies with an annual aggregate limitation of not less than $26 , 000 , 000 . 00 . SECTION 6. That Article VIII , Section 3, Paragraph E of said Ordinance be amended to read as follows : -2- 4152C ( 18 ) :TSE: 041185 E. All insurance policies maintained pursuant to this Franchise shall contain the following endorsements and _provisions: ( i ) It is hereby understood and agreed that this insurance policy may not be cancelled nor the intention not to renew be stated until 60 days after receipt to City , by registered mail, of written notice of such intention to cancel or not to renew. ( ii) A waiver of subrogation , in form and substance acceptable to City, as to any and all claims against the City which are waived hereunder by Grantee or as to which Grantee has agreed _ hereunder to indemnify and hold harmless the City and its officers , boards , commissioners , servants , officials , agents and emplovees . ( iii) A provision that if the aggregate insurance coverage ,,,f the blanket policies provided by Grantee is ever reduced below $10 , 000 , 000. 00 , then notice of such fact shall promptly be given to City by Grantee or Grantee 's insurance agent and additional liability coverage shall immediately be purchased by Grantee so as to restore the annual aggregate to the minimum amount then required under this Franchise. SECTION 7. That Article XI , Section 2, Paragraph C of said Ordinance be amended to read as follows : C. The purchase price of the System to be paid by City upon revocation or termination of the Franchise shall be the cost less depreciation (as shown on the books and records of Grantee ) or the fair market value, whichever is less , and goodwill shall not be included in the purchase price of the System. However , if this Franchise expires ( and is not revoked or terminated ) and if Grantee has complied with the requirements of Article II , Section 4 of this Franchise , and all required approvals are obtained, so that the Franchise term is extended for an additional four (4 ) years pursuant to said Section 4, then the purchaserice of the System to be paid } by City upon expiration of this Franchise shall be the fair market value of the System determined on the basis of the System valued as a going concern but with no value given or allocated to this Franchise itself . If the City and Grantee cannot agree on the purchase price , it shall be determined by arbitration pursuant to the provisions of thfs Section SECTION 8. This Ordinance will be effective in accordance with the provisions of Article XIV of said Ordinances including delivery -3- b . 2C(18) :TSE: 042085 to City of the acceptance , opinion of legal counsel, guarantees and other documents as required by said Article XIV, and provided further, however , that it shall become effective only if all of the cities of Edina , Hopkins I Minnetonka Ir Richfield and Eden Prairie adopt an ordinance similar to this Ordinance within ninety ( 90 ) days after the adoption of this ordinance . SECTION 9. Subject to the provisions of Section 8 hereof, this Ordinance shall be in full force and effect upon adoption and publication . Passed and adopted this 4th day of June 1985. City of EDEN PRAIRIE , MINNESOTA By is And ;fib i i PUBLISHED in the Eden Prairie News on the 21st day of August, 1985. 1 i I k i t Y 1 ty� 1 ' 4 (Official Publication No.40071 ORDINANCE NO,3345 AN ORDINANNCE AMENDING ORDINANCE NO. 80-33 TO CHANGE THE NAME OF THE GRANTEE; TO EXTEND THE FRANCHISE TERM; TO CHANGE THE INSVRAINCE RE- QUIREA ENTS;.AND To CHANGE THE COM- POTATION.W THE PURcHABE PRICE To BE PAID BY CITY UPON EXPIRATION OF THE FRANCHISE.- THE CITY OF EDEN PRAIRIE, MINNESOTA DOES ORDAIN: SECTION I.That Article I,Section 2.Paragraphs f and s °`Said ordinarrce �, '� to mad Affidavit of Publication • lollowa: J, "Csrantee'• is Rogers Cablesystems of Min- �1ted Partnership. a Minnesota limited Southwest Suburban Publishing Inc. partnership, with Rogers Cablesy-stems of Min- P Inc,a Mi oe"a eororation,as the General S,"SWWC"shall tmean,the Southwest suburban Cable Cammiattim, c SECTION 2.Thpt Article 13,Section 4 of said Or- n i dinance,bel ataei6Ed to read as follows: a b�F commence upon acceotance State of Minnesota S� expire on December 31, 1995. Provided, however,that if by December 34 1907, � Grantee (I) la able to`lose on,and have iiinded, Cont o f Hennepin withotl! condition u s, new long term financing, y rW satisfactory tto City,to replace the obliga- 909 ovkisYtced 0Y Ioan decumenti dated April 1,19a2, from Grantee to Toronto Dominion Rw*of Toronto, Stan Rolfarnd,being duly sworn,on oath ssys that he is the authorised agent of the publisher of the newspaper known as y Canada,In the ori,nal principal amount of Eighteen the Eden Prairie News and has hill knowledge of the facts herein anted v follows: MiM and 1io1109 DoWrs(fj1a,000,000.W)(the"Ex- (A)This newspaper have cotaptled with the requirements constituting Quali[leatim as a legs!newspaper,as provided by m &littldebtedn(tm").and 00 lives written notice Minnesota Statute 331A.02,333A.04,and other applicable taws,as amended. / thereof such neweas fiftlInnobly ingsc 10 City with written evidence (B)The printed public notice that is attached to this Affidavit and identified as NYl�--,was published oa the date theseof reasonably accepwt�b a to City.then,upop the ,occurPeetee of(1)and(11)t December 31.Ig the— or dates and in the.newspaper stated in the attached Notice.and said Notice is hereby incorporated as part d this Af- ----�—� fidavit. Said notice was cut from the columns of the newspaper specified. PJ^inted b. w is s copy of the tower case alphabet from A to Z,both inclusive,and is hereby acknowledged as being Ind and size of type used in the composition term Of this Franchise shall be extended by four(4) and publication of the Notice: �� yea�reestfrdai December 31,199b to Dec=ber 31,11H19,1 abcdefghilHnuoDgrstLm tbeBoti however.to approval of such extension by 1 repaired.and the FCC,if required,anti'. any other governmental body having )urLmesson; BY: -�--�— ever tse matter,if required. If any such approvals'.0 PubLL+lter are r�eeGG City And tee agree to cooperate in` obtatinfs required, approvals.U any such approvals are i ) required,and are not obtained,for any reason,then Subscribed and sworn before the oa th four(4)year extension shall not become effec- tive. If such extension becomes effective,Grantee t' and City aW sign and deliver an agreement evi ,,,aY10„AH�ah -.-.- �' LOb this day of 00 n� S L L t+•8i+d nus au pAu'd If 3131dW03 algeuosea Gt S a l e uJ i 1 S 3 9 L aerie Hartma-s.,Nctary Public IVAOW3U d dt oe the a I a 5>,est sJa{ray RATE INFORMATION ;,aMogs sgni slainej ulapoway I Iletlald Lowest classified rate paid by commercial users for comparable dpace....$6.00 per column Inch bulgwnld o eso wdOg:g 1a316'6Z 1 Maximum rate allowed by law for the above matter......................................' $1.49 per column Inch miom rapeo-1 Rate actually charged for the above matter..................................................U49 per column Inch 6uluOMPuo3 JIM t Jazoa•lee iuljeeH/&ulgWn1d aoUHoee pJeA NJOAA cleIS alala -jo9S•5vt"016ao rnoN/0£S'lIJoM 4e ,uauaoxe s,eaA oa NOUNUM03 M31N'R 1310 M ozion-is 9 3H1V1 /b — €' {6ti6•LVh paal;JeJenb miont •t3 UIUSA3-a - P' ea . bultislueds Jleoal iIIQwS OOL V IaO 3N11i(i1X31 5i 9NldV11 Ienawal{awnlS• b LV£t+ SDp Uugp! uMel v u4. j .,unlxal gslueaS IR abeune()put UutAeJdS buldel Uwaeaspuel•Dull It/MAliO,S.3AVa ONillil 2 30141113 salew11s3 aa,j �uunlxa{ 0utde1 'bwbueH <, iMAVO NNVK113A !!Q 11emAiCl 89 1.0.6 �` >iooy peY�nJo•ii ooantSlielseld uto 111;1-)ui '...,� Oullhn�l-dull Sa3 NA t►tSZ•$bt+' aJnsul 'pepuOa ;aIeWlls3 9GJzJ pald✓a V lueale VI3d3W W00 ttit9l Bwratl-pu n ivldlsnaN1 leprawtuo0•I01111 1