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Home My WebLink AboutOrdinance - 52-96 - Cable TV Franchise Agreement - City Code Chapter 25 - 11/19/1996 H. SUMMARY OF THE CABLE TELEVISION FRANCHISE AGREEMENT ORDINANCE NO.52-96 The Cable Television Franchise Agreemast Ordinance("Agreement Or- dinance")grants acable franchise to KBL Cable Systems of the Southwest Inc.d/b/ a Paragon Cable('Grantee'j for 15 years. It also provides the effective date for the Affidavit of Publication renewal. The Agreement Ordinance specifies that Grantee will upgrade the currentcable Southwest Suburban Publishing system to a capacity of 750 MHz with 550 MHz reserved for providing the delivery of up to 79 analog cable channels (the present system has a capacity of 58 analog channels). The technical operations of State of Minnesota the system shall also be upgraded and the Grantee shall provide standby power for )SS. the cable system. Grantee agrees to ex- County of Hennepin tend service to any residences receiving City water and sewer services. Parental Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of control provisions shall be available to the newspaper known as the Eden Prairie News and has full knowled a of the facts herein stated subscribers upon request. g Under the Agreement Ordinance, as follows: Grantee shall provide a free connection (A)This newspaper has complied with the requirements constituting qualification as a legal and specitiedfree cable services to public newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as schools and municipally owned build- amended. ings. Free installation and service shall also be provided to private schools until (B)The printed public notice that is attached to this Affidavit and identified as No. the year 2000. was published on the date or dates and in the newspaper stated in the attached Notice,and said A provision in the Agreement Ordi- Notice is hereby incorporated as part of this affidavit.Said notice was cut from the columns of the nance allows the City to engage the Grantee newspaper specified. Printed below is a copy of the lower case alphabet from A to Z,both in a periodic review process to determine inclusive,and is hereby acknowledged as being the ki d size of type used in the composition whether the cable system is state-of-the- and publication of the Notice: art. Such a review includes at least two public hearings to obtain public com- abcdefghijklmn pgrs yz ment. Provisions in the Agreement Ordi- nance also permit the City to require sub- scriber surveys. The Agreement Ordinance requires By: the Grantee toprovide fourpublic,educa- (. Stan olfsrud,Gen Manager tional and governmental access channels. or his designated agent Grantee shall also provide leased access channels and the Metro Cable Network, Channel six,as required by law. Subscribed and sworn before me on Under the Agreement Ordinance, Grantee will combine the three existing 1� public,educational and governmental ac- G_hJ cess facilities into one large facility Io- this f —day of , 1996 cated in Eden Prairie. The Grantee is GWEN M. RADUENZ required to file a transition plan with the NOTARY PUSllC—MINNESOTA Citydescribingthis process. The com- MY COMMISSION EXPIRES 1-31-0o bied facility will feature a studio with audience participation capacity,two sepa- N.ta,f Public rate editing suites,storage space,regular hours including evening and weekend hours, and it will be wheelchair acces- sible. Grantee will provide at least$200,128 in funding for the facility during the first year.After the first year,the Grantee shall provide sufficient financial and in-kind supportto maintain a substantially equiva- lent level of services,facilities and equip- ment in the remainingyears of the Agree- ment Ordinance. The Agreement Ordinance requires RATE INFORMATION the Grantee to assist the City in providing live CityCouncilmeetings,reruns of gov- ernment access programming and charac- Lowest classified rate paid by commercial users for comparable space......$16.00 per column inch ter generated programming on the gov- Maximum rate allowed by law for the above matter...................................$16.00 per column inch ernment access channel. Grantee shall Rate actually charged for the above matter.............................................. S 7.67 per column inch also assist the City in replaying tapes in pre-arranged time slots and it will switch to C-SPAN 2 or other comparable pro- gramming when the government access channel is not carrying live or taped gov- ernment access programming. The Agreement Ordinance requires Grantee to pay a franchise fee of five percent.Grantee mustmaintain a bond of $300,000 until the system upgrade is com- plete and then the City may reduce the bond to $100,000. Several provisions specify penalties in the event of non- compliance with the franchise and the procedures to enforce those penalties.In consideration of the Grantee's investment of$20 million to rebuild the systems for the Cities of Eden Prairie, Edina, Minnetonka,Hopkins and Richfield,MN, the AgreementOrdinance contains a com- petition adjustmentprovisionthatrelieves the Grantee of certain franchise fee and public, educational and government ac- cess obligations within a city if a wired competitor offers video programming ser- vices in that city. Effective Date: This Ordinance shall take effect on January 1,1997. ATTEST- Is/Jean L.Harris Mayor /s/John D.Frane City Clerk (A full copy of the text of this Ordi- nance is available from City Clerk.) (Published in the Eden Prairie News on Thursday,Dec. 12,1996;No.7573)