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HomeMy WebLinkAboutOrdinance - 37-91 - Cable TV Relief Ordinance - 11/19/1991 ti ' ORDINANCE NO. 3�4 An Ordinance Repealing the CATV Relief Ordinance, Ordinance No. 12-85, and CATV Relief Ordinance Amendment, Ordinance No. 57-88, Providing for the Continuance of Certain Aspects of the CATV Relief Ordinance, As Amended, and Restructuring the Manner in which Local Programming is Funded. The City Council of the City of Eden Prairie ordains as follows: Section 1. Short Title. This Ordinance shall be known as the "Local Programming Restructuring Ordinance. " Section 2. Background and Purpose. In 1984, Grantee requested that the Southwest Suburban Cable Commission ("SWSCC") and Member Cities substantially restructure certain aspects of the Franchise in response to the serious financial difficulties experienced by the Grantee. The Member Cities enacted the CATV Relief Ordinance and the SWSCC and the Member Cities entered into the Performance Agreement in response to Grantee's request. The result was to reduce Grantee's Local Programming Obligations and Franchise Fee requirement, provide Grantee with an incentive to refinance its debt obligation and increase the involvement of the SWSCC and Member Cities in funding Local Programming Obligations and monitoring Grantee' s performance. The CATV Relief Ordinance Amendment was enacted in 1988 as a part of the transfer of control of Grantee and resulted in the continuance of the CATV Relief Ordinance with some modification. In 1990, Grantee petitioned SWSCC to extend the provisions of the CATV Relief Ordinance and CATV Relief Ordinance Amendment ` (collectively "Relief Ordinances") through the term of the franchise. The SWSCC and Grantee reviewed the request through a series of meetings of the SWSCC operating committee and commission. The SWSCC, Member Cities and Grantee concur that the implementation of the Relief Ordinances has contributed to the achievement of the original goal of the SWSCC and its Member Cities: stabilizing and improving the financial condition of the Grantee. As a result, certain SWSCC oversight responsibilities and reporting requirements imposed by the Relief Ordinances and Performance Agreement are no longer necessary. The SWSCC and Grantee also concur that certain changes in the usage of channels on the cable system and the provision of access programming, community access programming and local origination a programming (collectively "Local Programming") resulted in a channel line-up including more satellite programming services than originally proposed by Grantee, as well as focusing Local S Programming channels so as to better serve the Member Cities. The resulting programming line-up provides diversity and appeal to CATV subscribers while maintaining a strong Local Programming component. It was agreed that the mix and level of satellite services and Local Programming should be continued. Finally, it was determined that since Grantee had improved and stabilized its financial condition, it should assume full responsibility for funding Local Programming as was contemplated at the time of the Franchise award. Since the SWSCC will no longer be a direct participant in the funding of Local Programming, it was determined that the role of the SWSCC in the oversight of Local Programming should be restructured. The SWSCC has adopted a resolution approving the modification and extension of certain provisions of the Relief Ordinances and related documents ("SWSCC Resolution") . Each of the Member Cities must also adopt a similar Resolution. This Ordinance will be effective only if the terms of the SWSCC Resolution are satisfied and Grantee agrees to be bound by the terms of this Ordinance through the execution of an Acceptance Agreement. Section 3. Relationship to Cable Communications Ordinance. This Ordinance does not permanently amend any provision of the Cable Communications Ordinance (the "Franchise") but provides that certain provisions of that ordinance are modified for a period of time as provided herein. Except as expressly modified in this Ordinance and related agreements entered into pursuant to this Ordinance, the provisions of the Franchise remain in full force and effect. In the event of a conflict or inconsistency between the Franchise or offering and any provision of this Ordinance, the Restated Performance Agreement or any other document entered into pursuant to this Ordinance, the provision of this Ordinance, the Restated Performance Agreement or said document entered into pursuant to this Ordinance shall be controlling so long as this ordinance remains in effect. Section 4. Definitions. Subdivision 1. The definitions in the Franchise also apply to this Ordinance. Subdivision 2. In addition, the following words and phrases shall have the meanings given them: (1) "Franchise" means the Cable Communications Ordinance as now or hereafter amended. -2- (2) "Local Programming" means access, community . access and/or local origination programming as set forth in the Restated Performance Agreement. (3) "Local Programming Obligations" means Grantee's obligations under the Franchise and the Offering for cablecast access, community access and local origination programming. (4) "News Show" means that show produced by Grantee pursuant to an Agreement with the SWSCC dated January 23, 1991. (5) "Relief Ordinances" means the CATV Relief Ordinance as modified by the CATV Relief Ordinance Amendment. j (6) "Restated Performance Agreement" means that contractual agreement between Grantee, City and SWSCC establishing the terms and conditions under which Grantee will be required' to fund and otherwise fulfill its Local Programming requirements and establishing reporting standards and criteria for Franchise compliance in other areas. (7) "Restructured Local Programming Obligations" means Grantee's access, community access and local origination programming obligations as set forth in the • Local Programming Restructuring Ordinance and the Restated Performance Agreement. Compliance with the Restructured Local Programming Obligations shall supersede and be in complete satisfaction of the Local Programming Obligations. Section 5. Repeal of Relief Ordinances. I This Ordinance hereby repeals the CATV Relief Ordinance, Ordinance No. 12-85 and the CATV Relief Ordinance Amendment, Ordinance No. 57-88 effective August 1, 1992. Through July 31, 1992, the provisions of the Relief Ordinances shall remain in effect unless I specifically superceded by this Ordinance. Section 6. Financial Terms. While this Ordinance is in effect the obligations of Grantee are modified to the extent provided in this section. Subdivision 1. Franchise Fees - Percentage. The annual franchise fee shall be 5% of Gross Revenues payable as follows. An annual franchise fee of 4% shall be paid to City in equal quarterly payments on or before the first day of each of the months of November, February, May and August next following the end of Grantee's fiscal year. These payments are consistent with -3- the payment arrangement contained in the Relief Ordinance. In addition and pursuant to the new local programming funding commitments set forth in Subdivision 4 herein, an annual franchise fee of 1% of Gross Revenues for the most recently completed quarter shall be paid to City in quarterly payments on or before the first day of each of the months of November, February, May and August on current year revenues beginning August 1, 1992. For purposes of calculating the annual franchise fee, all amounts spent to fund the Restructured Local Programming Obligations shall be deducted from Gross Revenues. Subdivision 2. Letters of Credit. The City Council may by resolution reduce the required amount of the Letter of Credit below $50,000 if in its sole discretion it determines that a lesser amount is reasonable and adequate to protect the public. It may thereafter, by resolution, require the amount of the Letter of Credit to be increased or fully restored to the amount of $50, 000. Grantee shall comply with this requirement within sixty days after written notice has been given by the City. Subdivision 3 . Performance Bond. The Grantee may dispense with the $300,000 performance bond required by the Franchise. The City Council may thereafter by resolution require that such bond, or similar bond in a lesser amount, be provided by Grantee. Grantee shall comply with this requirement within sixty days after written notice has been given by the City. Subdivision 4 . Restructured Local Programming Obligations. Beginning with the third weekly show of November, 1991, Grantee shall assume responsibility for funding the production of the News Show. The News Show shall continue to be produced in a manner which is generally consistent with the terms of the Agreement for Programming Services between Grantee and the SWSCC, a copy of which is attached hereto as Exhibit 1. However, the role of the SWSCC and the Member Cities shall be advisory in nature and neither the SWSCC or Member Cities shall be required to provide ongoing direct financial support for the News Show. Grantee shall be obligated to continue to fund and produce the News Show for a period of two (2) years through the second weekly show of November, 1993. Thereafter, Grantee shall be required to expend at least $100,000 annually of its total funding requirement under the Restructured Local Programming Obligations on local origination programming. Such funding shall be expended by Grantee in consultation with the SWSCC, as set forth in the Restated Performance Agreement. All provisions of the Relief Ordinances and Performance Agreement related to the funding of Local Programming shall remain in effect through July 31, 1992. Beginning August 1, 1992, Grantee shall assume full responsibility for funding the Restructured Local Programming Obligations. From August 1 through December 31, 1992, the budget for local programming shall be 5/12ths of $347,000; -4- provided that Grantee shall be required to meet all Restructured Local Programming Obligations, including the production of the News Show, irrespective of the actual cost of meeting such obligations. Thereafter, the annual budget shall be escalated by an amount equal to five percent (5%) of such budget on an annualized basis as estimated in Exhibit 2 hereto. Throughout the term of this Ordinance, Grantee shall consult with the SWSCC concerning the provision of the Restructured Local Programming Obligations pursuant to the terms of the Restated Performance Agreement. The expenditures made pursuant to this subdivision shall be in complete satisfaction of Grantee's total Restructured Local Programming Obligations during the period of this ordinance and shall be deemed to satisfy Grantee's Local Programming Obligations as well. The amount of funding for the Restructured Local Programming Obligations shall not include any costs of operation, capital for access equipment replacement or administration not directly related to the provision of Local Programming. Grantee shall be responsible to maintain or replace, as necessary, the equipment listed in the Exhibit to the Contract for Local Programming Facilities, which is Exhibit 1 to the Performance Agreement, and shall not offset such expenditures against the funding for the Restructured Local Programming Obligations. Section 7. Automatic Termination. The provisions of this Ordinance, and the reduced financial terms contained herein may, at the option of City, cease to be effective, upon the occurrence of the earliest of any of the following events: Subdivision 1. Failure of the Grantee to restore or replace the full required amount of the Letter of Credit as provided in Article VIII, Section 4, paragraph H of the Franchise. Subdivision 2. Failure of the Grantee to restore, replace or increase either a Letter of Credit or bond within sixty days of written notice by the City, as provided in Section 6, Subdivisions ` 2 and 3 of this Ordinance. Subdivision 3. A holding or determination by any court or agency that any term, condition or provision of this Ordinance is invalid or unenforceable, as a result of any action taken by Grantee or anyone acting on Grantee's behalf seeking such determination. Subdivision 4. Sale or transfer of all or substantially all of the System to a person or entity other than a parent, subsidiary, related corporation, affiliated corporation, partner or joint venturer of Grantee or any parent of Grantee. Subdivision 5. Termination of the Franchise. -5- Section B. Other Terminations. This Ordinance may also be terminated for cause, under the same procedures for termination as are contained in the Franchise, for the following reasons: Subdivision 1. All grounds for termination provided in the Franchise and the Local Programming Restructuring Ordinance, except to the extent that Grantee's performance obligations are modified in the Local Programming Restructuring Ordinance. Subdivision 2. Failure of the Grantee to comply with any of the material provisions of the Restated Performance Agreement. Section 9. Effective Date. This ordinance shall be effective upon passage and adoption by City and upon satisfaction of all of the following conditions: (1) Publication of this Ordinance; (2) Passage and adoption by each of the Member Cities of the SWSCC of an Ordinance similar to this Ordinance within 90 days of the adoption of such Ordinance by the first Member City; (3) Execution by Grantee of all documents necessary to repeal the Relief Ordinances and effectuate the Local Programming Restructuring Ordinance. Such documents shall include, but not be limited to, those documents listed on Exhibit 3 attached hereto ("Documents") . The executed Documents shall be delivered at a closing to be held at the office of the SWSCC administrator within 90 days of the passage of the Local Programming Restructuring Ordinance by the final Member City ("Closing") . (4) Conformance with the provisions of Article XIV of the Franchise including delivery to the City of the acceptance, opinion of legal counsel, guarantees, and other documents as required by said Article XIV, before or at Closing. Passed by t e City Co cil o Ci y o en Prairie, Minnesota this SO day of 9 B yor Action on above ordinance:Date of first reading: NOoft lu m"� Date of second reading: i -6- - EXHIBIT 1 TO ORDINANCE AGREEMENT FOR PROGRAM SERVICES This AGREEMENT made and entered into by and between the Southwest Suburban Cable Commission, a Joint Powers Commission organized pursuant to the laws of the State of Minnesota, hereinafter referred to as the "SWSCC", and Paragon Cable of Minnesota, hereinafter known as "Contractor" . WITNESSETH: WHEREAS, the SWSCC wishes to purchase the services of the Contractor to provide videotape programming for a news show to be known as "Southwest Community News" ; and WHEREAS, the Contractor has the capability and personnel to provide the programming desired by the SWSCC; and WHEREAS, the Contractor understands and the SWSCC likewise understands that in order to provide the programming that is desired by the SWSCC, the cooperation of both the SWSCC and Contractor will be essential; and WHEREAS, the SWSCC has made available funding for the purchase of the services of Contractor; and NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the SWSCC and the contractor agree as follows: • I. RESPONSIBILITIES OF THE PARTIES A. Contractor Responsibilities: 1. Southwest Community News Show. Contractor will develop and produce fifty-two (52) weekly news shows covering events and issues both relevant and timely to the five Southwest Cities, members of the SWSCC. Contractor, in providing and developing the news show, will rely heavily on the cooperation and assistance of each of the five Southwest Cities . The story ideas and contacts will be provided by each of the Cities on a weekly basis. It is the understanding of the Contractor and the SWSCC that in the event any City does not provide information or assistance in a timely manner, it will. result in uneven representation of the Cities and perhaps higher production costs. 2. Southwest Community News Show Format. The program will be a 30-minute news show with generally short (1-4 minutes) news items. The Contractor will explore with the SWSCC the option of including studio interviews or more indepth reporting of complex • W R and/or controversial issues. Any change in the format brought about by specific requests of the SWSCC may require further costs. However, Contractor understands that any changes will not be initiated without first receiving the authority of the SWSCC. 3 . Southwest Community News Scheduling. The show will be simulcast on Channel 34 (to the five Member Cities) a minimum of fourteen (14) times over a seven (7) day period with each show being first shown each Friday at 6:30 p.m. The show will also be shown during two (2) time slots each week on Channel 6, the Regional Channel. Additionally, each Member City has the option to request the contractor to schedule up to three (3) narrowcasts (to that City) each week. All such requests for narrowcasting shall be in writing every thirty (30) days and with not less than seven (7) days advance notice to contractor. All playback .of the , show will be within the regularly scheduled vlayback hours (as defined by the Access Rules) . Contractor will experiment with other time slots in order to identify the most watched time slots; however, schedules will be published in advance and minimal changes will be made. 4. Southwest Community News Show Viewer Feedback. Contractor will have a dedicated phone line providing • 24-hour feedback by subscribers to its Cable system. The purpose of this will be to provide timely information to contractor, as well as the SWSCC, about the interest of the viewing public in the news show. 5. Promotion & Evaluation: a. The Contractor will cooperate with the Cities in providing information to enable the SWSCC to promote the program. Press releases and schedules will be prepared by the SWSCC on its letterhead. b. Contractor will assist in evaluation, providing information and counsel based on its experience and resources. 6. Cooperation. Contractor understands that its timely performance of the provisions of its responsibilities included herein are essential to bring about the best possible news show. Further, Contractor understands that it will need to assist and work with appropriate representatives designated by each of the five Southwest Member Cities . Contractor agrees that it will designate specific persons who will have the responsibility to ensure the production of the programming and to coordinate with representatives of the City. t� -2- B. Responsibilities of SWSCC: • 1. Cooperation in the Development of News Shows. Each of the Member Cities to the SWSCC will designate a contact person for the Contractor. It will be the responsibility of each person so designated by the City to coordinate with and work with the representative§ of the Contractor to ensure the initiation of the story, ideas, and content of programming to be developed by the Contractor. 2. Facilities. The SWSCC will ensure that its Member Cities will provide reasonable access to their facilities for the Contractor to ensure that the Contractor is able to provide at the various Cities' facilities news shows in response to the request of the designated individuals of the City. 3. Promotion. The SWSCC will be responsible for promotion and marketing the show and for costs it incurs for such purposes. However, it is understood that it will have the assistance of Contractor and its expertise. Further, it is understood that Contractor will include a listing of the show in the Cable Guide. 4 . Focus. The SWSCC may, at any time, with the • assistance of Contractor, conduct a survey, focus group review, or incorporate other measures to evaluate the impact of the show and the subscriber acceptance of it. Costs for any such evaluation shall be the responsibility of the SWSCC, except the reasonable time and service of Contractor devoted to providing assistance. II. TERM AND TERMINATION A. Term: This Agreement shall be for a 12-month term consisting of fifty-two (52) weekly shows beginning November 17, 1990. B. Termination: Either party may terminate this Agreement by giving 30 days written notice to the other. III. COST AND PAYMENT A. Cost: Each show will be produced at a cost not to exceed $1,962.50. B. Monthly Statements: Contractor will submit monthly billing statements to the SWSCC with payment due within 30 days of the date of the billing statement. • �� -3- IV. INDEPENDENT CONTRACTOR The Contractor shall select the means, method, and manner of performing the services herein. Nothing is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the Contractor as the agent, representative, or employee of the SWSCC. for any purpose or in any manner whatsoever. The Contractor is to be and shall remain an independent Contractor with respect to all services performed under this Agreement. The Contractor represents that it has or will secure at its own expense all personnel required in performing services under this Agreement. Any and all personnel of the Contractor or other persons while engaged in the performance of any work or services required by the Contractor under this Agreement shall not have any contractual relationship with the SWSCC or its Member Cities; and shall not be considered employees of the SWSCC or its Member Cities. Any and all claims that may or might arise under the Unemployment Compensation Act or the Workers' Compensation Act of the State of Minnesota on behalf of said personnel, arising out of employment or alleged employment, including, without limitation, claims of discrimination against Contractor, its officers, agents, contractors, or employees, shall, in no way, be the responsibility of the SWSCC or its Member Cities. The Contractor shall defend, indemnify, and hold the SWSCC and its Member Cities and any of their officers, agents, and employees, harmless from any and all such claims irrespective of any determination of any pertinent, tribunal, agency, board, commission, or court. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the SWSCC or its Member Cities, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, workers ' compensation, unemployment insurance, disability, severance pay, and PERA. V. INDEMNITY AND INSURANCE A. The Contractor agrees to defend, indemnify, and hold the SWSCC, its officers, employees, and agents, harmless from ,any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission (including without limitation professional errors or omissions) of the Contractor, its agents, employees, or assignees in performance of the services provided by this Agreement and against all loss by reason of the failure of said Contractor to fully perform, in any respect, all obligations under this Agreement. B. In order to protect itself, as well as the SWSCC, under the indemnity provisions here and above set forth, the Contractor agrees at all times during the term of this Agreement to have and keep in force: 0 -4- I. A single limit or combined limit or access umbrella professional liability insurance policy covering the activities of the Contractor while performing services for the SWSCC, through its Member Cities, in the following amounts: $1-million for personal injuries and/or damages, and $1-million for total personal injuries and/or damages arising from one occurrence. 2. A single limit or combined limit or access umbrella commercial general liability insurance policy of an amount of not less than $1-million for property damage arising from one occurrence, $1-million for total bodily injuries and/or damages arising from one occurrence, and $1-million for total personal injuries and/or damages arising from one occurrence. VI. DATA PRIVACY Contractor agrees to abide by all applicable state and federal laws and regulations concerning the handling and disclosure of private and confidential information concerning individuals and/or data including, but not limited to, information made nonpublic by such laws or regulations. VII. OWNERSHIP Contractor understands, and SWSCC agrees, that all programs produced by the Contractor shall be the property of the SWSCC and the SWSCC shall be responsible for the maintenance and storage of each program videotape. Further, the - SWSCC shall have the responsibility to ensure that any applicable requirements with respect to the storage of these program tapes are accomplished by it. Contractor will retain the video tapes during the term of this Agreement. After the term of this Agreement, SWSCC will be responsible for the location and storage of the video tapes. VIII. NON-ASSIGNMENT The Contractor shall not assign, subcontract, transfer, or pledge this Agreement and/or the services to be performed tender, whether in whole or in part, without the prior written consent of the SWSCC. IX. MERGER AND MODIFICATION A. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. 0 -5- B. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they .have been reduced to writing as an amendment to this Agreement signed by the parties hereto. IX. CONTRACT ADMINISTRATION In order to coordinate the services of the Contractor with the activities of the SWSCC and its Member Cities so as to accomplish the purpose of this Agreement, Adrian Herbst, administrator for the SWSCC, shall manage this Agreement on behalf of the SWSCC and serve as liaison between the SWSCC, its Member Cities, and the Contractor. X. NOTICES Any notice or demand which must be given or made by a party hereto under the terms of this Agreement or any statute or ordinance shall be in writing and shall be sent registered or certified mail. Notices to the SWSCC shall be sent to the SWSCC administrator at 4800 Norwest Center, Minneapolis, Minnesota 55402. Notices to the Contractor shall be sent to the attention of Debra Cottone, at 801 Plymouth Ave. No. , Minneapolis, Minnesota 55411. XI. LAW AND JURISDICTION This Agreement is entered into and may be enforced • pursuant to the laws of the State of Minnesota and courts of applicable jurisdiction in Hennepin County, Minnesota. The foregoing Agreemen has been entered into between the parties this z:�3' day of 1991. Each of the parties have read the Agr4dment, erstand it, and agree to be bound by it. PARAGON AB Y SWSCC 1'411�� U.P.a e&0J MGR zlHl9i 26Z040 1/4/91 -6- _ EXHIBIT 2 TO ORDINANCE _ EXHIBIT 2 • SCHEDULE OF ESTIMATED ANNUAL MINIMUM LOCAL PROGRAMMING EXPENDITURES YEAR ESTIMATED BUDGET ($0001S) 1992 $ 347* 1993 364 1994 383 1995 402 1996 422 1997 443 1998 465 1999 488 *1992 estimate based on 2% of gross revenues for 7 months (Jan - July) and 5/12ths of $347,000. 1992 base will be escalated by 5% annually thereafter. LPEST • EXHIBIT 3 LIST OF DOCUMENTS • 1. Restated Performance Agreement. 2. Restated Contract for Local Programming Facilities. 3 . Restated Contract for Public, Educational and Government Access Services. 4 . Acceptance of Local Programming Restructuring Ordinance. 5. Consent Agreement and Guaranty of Performance. a i Affidavit of Publication Southwest Suburban Publishing State of Minnesota ) )SS. County of Hennepin ) Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated as fellows: (A)This newspaper has complied with the requirements constituting qualification as a legal newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as amended. CITY OF EDEN PRAIRIE (B)The printed public notice that is attached to thisAffidavit and identified as No./,A_; ' waspublishedon HENNEPIN COUNTY,MINNESOTA thedateordates and in thenewspaper stated in the attached Notice,and said Notice is hereby incorporated as part ORDINANCE NO.37-91 of this affidavit.Said notice was cut form the columns of the newspaper specified.Printed below is a copy of the AN ORDINANCE REPEALING THE lower case alphabet from A to 2,both inclusive,and is hereby acknowledged as being the kind and size of type used • CATV RELIEF ORDINANCE, ORDI- in the composition and publication of the Notice: NANCE NO. 12-85 AND CATV RE- abcdefghijldmnopgrstuvwxy LIEF ORDINANCE AMENDMENT, ORDINANCE NO.57-88 PROVIDING FOR THE CONTINUANCE OF CER- TAIN ASPECTS OF THE CATV RE- By: LIEF ORDINANCE, AS AMENDED, Stan Rolfsmd, Gener Manager AND RESTRUCTURING THE MAN- NER IN WHICH LOCAL PROGRAM- MING IS FUNDED. Subscribed and sworn before me on THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:Summary: This Ordinance repeals this Z�day of 1991 Ordinances 12-85 and 57-88 and restruc- THE,-t:_SA K LAW t lures the manner in which local program- NL)asr PUauc x��.E ming is funded. HctJNEPIN COUNTY °�{ Effective Date:This Ordinance shaft3'' �+�' :';•+ ;o;�ExPiaFs sass take effect upon publication. Noiary Public ATTEST: /s/John D.Franc,City Clerk /s/Douglas B.Tenpas,Mayor RATE INFORMATION (Published in the Eden Prairie News Thursday,December 19,1991;No.6332) Lowest classified rate paid by commercial users for comparable space.................. $10.12 per column inch Maximum rate allowed by law for the above matter.................................................. $10.12 per column inch Rate actually charged for the above matter ................................................................ $5.84 per column inch •