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Ordinance No. 0701 10-01-1979_ ,,; � � �� ORDINANCE N0. 701 AN ORDINANCE AMENDING CHAPTER 405 OF THE FRIDLEY CITY CODE ENTITLED CABLE TELEVISION FRANCHISE The Council of the C�ty of Fridley does ordain as follows � Chapter 405 of the Fridley City Code is here6y amended as follows 405.01 CREATION The Fridley City Council does orda�n that it �s �n the publ�c interest to perm�t the use of publ�c right-of-ways and easements for the construct�on, ma�ntenance and operat�on of cable commum cat�ons systems under the terms of the following Franchise Ord�nance; said Public Purpose be�ng specifically the enhancement of communications within the C�ty, and the expans�on of commum cations opportum ties outs�de the City. SECTIDN 405.011, SUBDIVISION 9: 9 "Gross revenues° shall mean any and all compensation and other consideration collected or received, or �n any manner gained or derived by the company from the operat�on of �ts cable telev�s�on service, includ�ng but not limited to advertising, leased channel fees and origination or access cablecasting operat�ons for which a per-program or per-channel charge �s made, w�th�n the corporate l�mits of the City of Fridley, as such corporate l�m�ts now exist or may be established hereafter. , 10. "Gross System Revenues" shall mean any and all compensat�on or other considerat�on collected or received or in any manner derived by the company or any su6s�diary, holding company or subsidiary of said holding company, from the operation of �ts cable telev�s�on service, including but not lim�ted to advertising, merchandise sales, leased channel fees and origination or access cablecast�ng operat�ons for wh�ch a per-program or per-channel charge is made, within the corporate limits of the City of Fr�dley. 405.05 PAYMENT TO THE CITY On or before April 1 of each year follow�ng the commencement of cablecasting, the company shall pay to the C�ty a use fee equal to five percent (5%) of the annual gross system revenues received by the company for serv�ces prov�ded w�thin the C�ty during the preceding calendar year. Th�s fee payment shall be in addition to any other tax or payment owned to the C�ty 6y the company. In the event that any payment �s not made 6y Apr�l 1 as provided above, �nterest on the amount due shall accrue from such date at the annual rate of 125% of the lowest "Prime" commerc�al lend�ng rate established by any Fridley bank at the time del�nquency occurs. � Upon the petition of the company and a showing that it �s �n the public interest to do so, the City Counc�l may, by a 4/5 affirmative vote, waive collection of all or any part of that portion of the payment required by this sect�on that is attributable to compensation rece�ved by the company from its cablecast�ng operat�ons for wh�ch a per-program or per-channel charge �s made. �� « ' �7 � Page 2-- ORf�INANCE N0. 701 405.051 USE FEE DEDICATION 405.06 AUDIT All monies received by the City from the company under Sect�on 405.05 of this ord�nance shall be segregatetl from the General Fund and used by the City for purposes of CATU regulat�on and other act�vities d�rectly related to achiev�ng the public purposes for wh�ch this Franch�se is granted. At the time of its annual use fee payment the company shall f�le with the City a detailed financtal statement prepared by the corporate treasurer or, when requested by the C�ty, a Certified Pu61�c Accountant showing Gross System Revenues as defined here�n. The company shall also file any further financ�al �nformation in regard to the company, its subsidiaries, �ts hold�ng company or �ts subsidiaries which may 6e required by the C�ty Manager to assure compl�ance w�th the terms of this Ordinance. 4D5.251 ADDITIONAL SERUICES On or before the f�rst day of April, 1979, and on or before the f�rst day of April of each succeeding year, the company shall subm�t to the City Counc�l a plan for the coming year's operat�ons which shall contain the following �nformation The proposed number of channels to 6e prov�ded and the allocat�on of those channels to spec�fied uses, including proposed number of channels to be devoted to network affiliated televis�on stations, non-network �ndependent telev�s�on stat�ons, including educational telev�s�on stat�ons, and channels to be devoted to locally originated programs and leased channel uses. 2. An est�mate of the total number of cablecast�ng hours per week per channel wh�ch the company proposes to devote to local programming, and a general description of the types of local programs it proposes to or�ginate. 3 � 5 A descr�pt�on of its proposed advertis�ng program. A statement of the use and availability of channels and facilities by local political candidates. A descr�pt�on of any plan for providing a duplex system and FM multiplex stereo and music channels, 405.252 STUDIO FACILITIES The company shall construct, maintain and operate a color studio and production facil�ty within the Ctty l�mits. At the request of the City Counc�l, the company shall submit to it a plan for th�s fac�lity wh�ch shall �nclude a descr�ption of stud�o size, type of facil�ty, techm cal equipment, hours and time it w�ll be operated and estimated construct�on or reconstruction time. The company's plan shall also include �nformation on how it will maintain 7n proper work�ng condition its equipment to be used for local or�g�nat�on cablecasting and by access channel users. Sa�d plan shall be sub,7ect to the approval of the City. The company shall execute a performance bond payable to the City to insure conipliance with this section. � � , � � � Paqe 3-- OROINANCE N0. 701 `°`?� �. PASSED AND A�OPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLCY THIS 1ST DAY OF OCTOBER, 1979. �/���-�-C�� � � �'�--�--� �. , WILLIAM J. NEE - MAYO�` / ATTEST �J�'v�-�d��j�%I.G�A� CITY L RK " MAR IN C. SELL � First Readi�ig: September 24, 1979 Second Reading: October l, 1979 Publish . October 10, 1979 �