Ordinance No. 0764 12-06-1982'
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�2DII�11NCE ND. 764
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AN pRDINAN� ADOPPII� A I�I+T �APTER 405 ENTITLED "CABLE COMMUNICATIONS
FS�ANC]iISE' ADID RF�EALII�X; �,D CHAPIER 405 OF 79E FRIDLEY CITY CODE IN I75
FNfIRE.'TY AND GRANPING A FRANCHISE TO G�RAr. TELEVISION OF MINNFSOTA,
INC.� A MINNESOTA CORPORATION� DOING BDSINESS AS STORER CABLE
dONAITNICATID�IS� RU OPERATE AHI) MAII�PAIl�I A CABI,E Q'lNAlUNICATIONS SYSTE?1 IN
�IE QTY OF ��•�� SEITING FUR'� �I�IDITIONS ACCOMPANYING '18E GRANT OF
FRI�NCHISEj DEFINING 78E I+IEANING OF FRANCHISEf AND PROVIDING FOR THE
RHCULATION OF THE FRANCHISE INCLIIDING PENALTIES FOR THE VIOLATIONS
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�e City of Ftidley does ord3in that it is in the public inter�t to
permit the use of public rights-of-way and easements for the
construction, �intPnance and oPeration of a cable communications
systan tmder the terms of a Franchise; said public purpose being
specifically the enhancement of communications within City, the
expansion of communications opportunities outside City, and the
pravision of progr�uai.ng of a truly local interest.
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1. Statanent of Intent and Purpose.
City intends, k� the adoption of this Chapter, to bring about the
continued development of a ca61e communications System, and the
operarion of it. S�ch a develqxnPnt can wntribute sic�ificantly to
the c�mnimication needs and desires of many. Further, City may
achieve better utilization and improvement of public service with
the develo�xt nent and operation of a cable commuiications S�sten.
Studies and hearings engaged in by the Fridley Cable Television
Advisory Camnission created by the City Camcil of City have led the
way for organizing this means of treintaining a cable oammunications
System deemed best suited to City. This has resulted in the
preparation and adoption of this Chapter as required by the
Minnesota Cable Communications Board and a Franchise as defined
herein.
2. Franchise Processing Fee.
Grantee shall be requized to reimburse City for costs expended in
soliciting and processing the Franchise award.
3. Franchise Agreanent.
City and Grantee are hereby authorized to, at the time of
acce�--ance, enter into an Agreanent, wnsistent with this Chapter,
govez:ling the reiationship between City and Grantee; providing for
regulatlon and use of S�stan; and prescribing liquidated damages for
the violation of its prwisions.
405.02 SEJJRT TI'II,E
�is Chapter shall be knam and cited as the 'City of Fridley Cable
Cacimimications Franchise Chapter". hereinafter in this document
referred to as "Chapter'.
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I�FINITIDDLS
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For the purpose of this Qiapter, the following tesms, phrases, words
and their derivations shall have the meaning given herein. Fhien not
inconsistent with the context, words used in the present tense
include the future, words in the plural nwnber include the singular
rnanber and words in the singular n�miber include the plural number.
�e words "shall" and 'tuill" are mandatory and "may" is permissive.
Wor� not defined shall be given their oamron and ordinary meaning.
1. "Basic Service" means all subscriber services provided by
Grantee, including the delivery of broadcast sicy�als, covered by the
regular monthly chsrge �Sid by all subscribers, excluding optional
servioes for which a se�rate charge is mac3e.
2. '��" means the Minnesota (�ble Carnmu�ications Board.
3. "�pp�]," means a six (6) Megahertz U+IIiz) frequency band, which
is capable of carrying either one (1) standard video signal� a
number of audio, digital or other non-video signals, or some
oombination of such sicg�als.
4. 'Citv" means the City of Fridley, Minnesota and all of the
territory within its present and future boundaries. The Fridley
City Coimcil is the authority for City.
$, • 1. TV aMa (`rnrtmnirafip . C�nnel^ means a signaling path
provic3ed by Sj�stan to transmit si�als of any type fran a subscriber
terminal to another point in the Sj�sten.
6. "Comnission" means the Fridley Cable Television Camnission,
7. "Connection" means the attachment of a drop to the radio,
television set or canputer terminal of the subscriber.
8. "Converter" means an electronic device which converts to a
frequency not susceptible to interference within the television
receiver of a subscriber, and includes an appropriate channel
selector which could permit a subscriber to view all subscriber
signals c3elivered at desi�ated converter dial locations.
9. "�" means the Federal Communications Commission or a
desicg�ated representative.
10. "Franchise" shall mean the rights and obligations extended by
City tv General Television of Minnesota, Inc „ doing business as
Storer Cable Ccaunuru cations, to own, operate and maintain a cable
coimnnunication systen within the corporate boundaties of City and
manifested by the folloaings:
A. This Chapter No. 764 adopted by City on 6th day of
December, 1982.
B. A Rate Regulation Ordinance No. 765, adopted by City on the
6th day of Decembet, 19ffi. .
C. A Franchise Agreenent entered into between City and Stoter
Cable Communications based on the authority and grant o£ a
cable conmunications franchise extended by this Chapter. The
Franchise Agreenent is set forth in E�chibit I, a separate
dociunPnt incozporated herein by refer�ce.
11. "Grantee" means Storer Cable Communications, its agents,
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gnployees, lawful sucoessors, transfereas or assicg�ees.
12. "Gross Rev�nues" shall mean any tevenue decived dizectly or
indirectly by Grantee, its affiliates, subsidiaries, �rent and any
person in whic�h Grantee has a financial interest of five percent
(58) or more fran or in connection with the operation of System,
including, but not limited to, basic subscriber service monthly
fees, �y cable fees, installation and reconnection fees, leased
channel fees, converter rentals, studio rental, production
equipnent, petsonnel fees and advertising revenues. The term does
not include any taxes on servioes furnished by Grantee and imposed
� directly upon any subscriber or user by the state, City or other
governmental unit and collected by Grantee on behalf of said
goverrnnental imit or any refimdable deposits.
13. "Offerina of Grantee" or "Offerina" shail mean that certain
docim�ent dated L)ecember 10, 1982, �titled "Offerin9 of Grantee" and
sic,p�ed by Grantee and City, which doctnnent is on f�.le with the Clerk
of the City.
14, "Pe�son" means any oozporation authorized to c3o business in the
State of Minnesota, partnership, proprietorship, orgaruzation or any
natural person.
15, "P�gtanmez" means ar�y petson or entity who utilizes oz seeks
to utilize S�sten for the purposes of transnitting audio, video or
data transmission produoed or originated by that person or entity.
16. "Public Prqgttv" is any ieal propezty aaned b� City othez than
a street.
17. "Rpair3an}" means any person residing in the City as otherwise
defined by applicable law.
18. "Rtrcw.�" shall mean the surface of and the space above and
below any public street, road, highway, freeway, lane, peth, public
way, alley, court, sidewalk, boulevard, parkway, drive or any
easement or right-of-way now or hereafter held by City which shall,
within its proper use and meaning in the sole opinion of City,
' entitle Gcantee to the use thereof for the purpose of installing or
transmitting over poles, wires, cables, conductors, c�cts, conduits,
vaults, msnholes, amplifiers, appliances, attachments and other
property as may be ordinarily necessary and pertinent to a Sj�stan.
1g, ^G��harritwr" means any person or entity who lawfully subscribes
to a service prwided by Grantee by means of or in connection with
Sj�stan and g3ys a fee tmless such fee is lawfully sraived.
20. "Svstem" means a broadband telecommunications systems of
antPSUSas, cables, wires, lines, towers, amplifiers, waveguides or
other conductors, oorn�erters, ern,;pment oz facilities, designed and
constructed for the purpose af producin9, receiving, transmitting,
amplifying and distributing audio, video and other forms of
electronic or electrical sicy�als, located in City.
21. "Two-Y�ay Sy,stem" means a distribution system that has
ampllfiers that can pass video, voice and/or data signals in both
directions simultaneously.
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4D5.04 C�2ANf OF FRANCHLSE
1. Grant of Franchise.
The Franchise is granted pursuant to the terms and conditions
wntained herein and any accompanying ordinances and agreenents
constituting the Franchise. Such terms and conditions sball be
subordinate to all appli�able prwisions of state and federal laws,
rules and regulations.
2. Criteria for Granting Franchise.
�e Grantee's technical ability, financial condition and legal
qualifications were considered and approved by the City in a full
public proceeding pursuant to Board requiresnents which afforded
reasonable notioe and a reasonable opport�ity to be heard.
3. Authority for Use o€ Streets.
A. For the purposes of operating and maintaining Systmi in
City, Grantee may erect, install, construct, repair, replace,
reconstruct and retain in, on, over, under, upon, across and
along the streets within City such lines, cables, conductors,
ducts, conduits, vaults, manholes, amplifiers, appliances,
pedestals, attachments and other property and c�rn,;piment as are
necessary and appurtenant to the operation of S�sten, provided
that all applicable permits are applied for and granted, all
fees Fxiid and all other City oodes and ordinances are otheswise
oomplied with.
B. Grantee shall notify City prior to any proposed
construction or alteration. Notification of any proposed
construction shall be on a monthly basis and prior to the
irutiation of any construction. Such notification, in each
case, shall include a map of the proposed construction or
alteration site and a description of the work to be done.
Grantee, shall in each case, receive written approval fran City
of such plans prior to commencing any work. Grantee shall
prwide a monthly progress report to Commission through the
oompletion of construction.
C. Grantee shall construct and maintain Syst�n so as not to
interfere with other uses of Streets. Grantee shall make use
of existing poles and other facilities available to Grantee.
�rar.tee shall make reasonable efforts to individually notify
all residents affected by a proposed construction or alteration
prior to the oar¢rencement of that work,
D. Notwithstanding the above grant to use streets, no street
shall be used by Grantee if City, in its sole opinion,
determines that such use is inconsistent with the terms,
oonditions or prwisions by which such street was created or
dedicated, or presently used,
4. Franchise Derm.
�e Franchise term shall oortmrence upon the date this Q�apter becon�es
effective. 'Ihe Franchise term shall expire five (5) years fran such
date imless renewed or termi.nated soorer as hereinafter prwided.
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5. Area Cavered.
�e FYandiise is granted for the territorial boundary of City as it
exists fran time to time during the term of EYanchise.
6. Franchise Non-FS�clusive.
�e Franchise granted is norrexclusive. City specifically reserves
the ric�t to grant, at any time, additional franchises for other
cable camnuucations systens.
7. (�ble Camrnu�ications FYanchise R«�,; red.
No S�sten shall be allaved to occupy or use the streets or other
public property of City or be allowed to operate without a cable
oanmunications franchi.se.
8. Cettificate of Confimiation and Ccmpliance with Bazrd Standatds.
�e Franchise shall oease to be in force and effect if Grantee fails
to obtain either a regular Certificate of Confirmation or r�ewal of
Certificate of Confirmation from Board, provided, however, that
Grantee may operate System while Board is considering its
application for the rerewal of its Certificate of Confirniation. 12ae
Franchise ccmiplies with the Boaid's Franchise standards.
9. S�bscriber Contracts.
Residential subscriber oontracts, if any, cmy not exceed twelve (12l
months unless after twelve (12) months the contract may be
tetminated without penalty at tl�e option of ti�e subscriber. Grantee
may collect from its subscribers any governmentally imposed
copyright fee or royalty; the amount collected by Grantee shall not
exceed the total amo�t paid Grantee for said fees or zoyalties.
Nothing in this �ragraph shall exclu� Grantee from entering into
subscriber contracts by reason of a line extension policy for a term
longer tiian twelve (12) months. 7he subscriber contract is Exhibit
II, which is a seg�rate doc�nt incorporated herein by reference.
405.05. PESIQI PF20VLSIONS
1. Initial (i�annel Capacity.
Systen shall have a minim�an capacity of three hundred (300) MHZ of
h�ndwidth with thirty-five (35) activated video channels,
2. ZWo-Way C�gscity.
Grantee shall construct and maintain System having the technical
capacity for norrvoice return communications. Syste�n shall be
cag�ble of transnitting audio, video and �ta sig�als.
3. Interconnection.
System shall be designed to be interconnected with other cable
oammuncations systen(s). Fluther, the standard VHF channel 6 is
hereby desiglated foL regional channel usage; provided, howevec,
that imtil the regional channel becomes operational, the standard
VHF channel 6 msy be utilized by Grantee as it deems appropriate.
Subject to apprwal ir� City, the desigoated regional channel may be
shared with the goverrmient acoess charuml as may be required until
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su� time as City requests a separate channel or until combined
usage of the channel expands to such point as it is in use during
eighty percent (80$) of the time between 8:00 a,m. and 10:00 p.m.
�ring any consecutive six (6) week period.
4. �echnical and Perfornance Standards.
Sj�sten terluiical and �aerformattoe standards promulgated by the FCC
relating to cable oamnuucations systans and contained in sub-part K
of g3rt 76 of the FCC's rules, aze incorporated herein by reference.
Grantee shall further abide by standards agreed upon by City and
Grantee and set fozth in ti�e Franchise Agreanent. The results of
ar�y tests required b3 the FCC shail be filed wi�in ten (10) days of �
the oonduct of such tests with City and Board.
5. S�ecial Testing.
City shall bear all costs of any special testing required by City.
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1. Construction Codes.
All wires, conduits, cable and other property and facilities of
Gtantee shall be located, oonstructed and installed and maintained
in compliance with applicable codes. Grantee shall keep and
maintain all of its property so as not to unnecessarily interfere
with the usual and customary trade, traffic or tcavel upon the
streets and public places of the Franchise area or endanger the
lives or property of any person. In tl�e event of such interference,
City may require the renoval of Grantee's lines, cables and
appurtenances fran the street or property in question. City shall
have the right to inspect all construction or installation work
performed subject to the prwisions of Franchise and to make such
tests as it shall find necessary to ensure c�npliance with the terms
of Franchise and pertinent provisions of law and ordinances that are
applicable.
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2. Reservations of Street Rights.
Nothing in the Franchise shall be construed to prevent City from ,
making any imprwement, repairing and/or altering any street, or any
other public work. All such work shall be done, insofar as
practicable, in such �r as not to obstruct, injure or prevent
tl�e free use and operation of poles, wires, conduits, conductors,
pipes or appurtenances of Grantee. If any such property of Grantee
herein shall interfere with the construction or tepair of any street
or improvanent, thirty (30) days noti oe shall be given to Grantee by
City and all sudi poles, wires, conduits or other appliances and
facilities shall be ranwed or replaced by Grantee in such manner as
shall be directed by City so that the same shall not interf ere with
the said public work of City, and such renwal or r�laoement shall
be at the expense of Grantee herein.
3. Permits.
Grantee shall obtain the necessary permits from City befote
oa�mpncing any o�nstrnction or upgrading of Syste�n� including the
opening or disturbance of any streets or public or private pzoperty.
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If Grantee fails to meet the conditions of any required permit, in
addition to any liquidated damages that may be imposed by reason of
the Franchise, iti may be subject to any applicable penalties
pursuant to the ordLnances of City.
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1. Annual R�polts.
City shall have the authority to collect a use fee fran Grantee and
the authority to audit Grantee's accounting and financial records
upon reasonable notioe, and require Grantee to file with City annual
reports of qross revenues and other information as City deems
appropriate.
2. Use Fee Dedication.
All monies received by City from Gsantee pursuant to the uae fee
shall be segregated from the general fund and used by City for
purpoees of Franchise acininistration and other activities directly
releated to achieving the public purposes for whic� the Franchise is
granted.
3. Maintenanc�e and Canplaints.
A publicly listed toll-free or collect telephone number for the
ceception of oanglaints shall be pLwided to subscribezs and Gtantee
shall maintain a repair service cap3ble of responding to subscriber
oanplaints or requests for service within twenty-four (29) hours
aftes teceipt of the oanplaint or request. Grantee shall uivestigate
and resolve a11 oomplaints regarding quality of service, equipment
malfimction, billing disputes and other matters pursuant to the
procechu e set fozth in the Franchise Agreanent (Exhibit I). Giantee
will bear the oosts inclu�d in making such repairs, ad�ust�nents or
install�tions �m].ess Grantee deems such repairs necessary due to
neglect �-�r abuse of subscriber. All costs for r�airs necessary due
to negle��t or abuse of suhscriber shall be borne by the subscriber.
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1, Petformance Bond.
At the time the Franchise becomes effective and all times thereafter
until Grantee has liquidated all of its obligation with City,
Grantee shall furnish a performance bond, oertificate of deposit or
any other type of instr�unent apprwed by City in such amo�t as City
deans to be adequate compensation for damages resulting from the
Grantee's nonperformance. City may, fran year to year, in its sole
discretion, reduoe the amount of ti�e performance bond. The amount
of the performance bond shall be -as set forth in the P.greenent
(Exhibit I).
2. Liability Insurance; and IndPmnification.
Grantee shall indemnify and hold harn�less City at all times during
the term of the Franchise, and maintain throughout the term of
Franchise, liability insurance in such amount as City may require
insuring both City and Grantee with regard to all damages and
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penalta.es which they m3y legally be required to pay as a result of
the exercise of Franchise. Grantee shall initially maintain
insurance in such mnamts as set forth in the Agzeenent (Exhibit I).
3. I1�r�ages; Defenses; and Hold Harntless.
Nothing contained in tiie Franchise shall relieve any person from
liability arising out of tY�e failure to exercise r�sonable care to
avoid injuring Grantee's facilities while perfoiming any work
connected with grading, regrading or changing the line of any street
or public place or wi*.�z the wnstruction or reconstruction of any
sewer or water systeu.
405.09, TII2FIINATI[Ri ADID RII+D�VAL OF SYSTFM.
1. Right to Terminate,
A. In addition to ail other rights and pawers of the City, the
City may terminate and cancel Franchise and all rights and
privileges of Grantee thereunder in the event ti�at Grantee:
tl) Su6stantially breaches any provision of Franchise, or
any rule, order, or determination of City made pursuant
thereto, where such violation shall renain uncured for a
period of thirty (30) days su6sequent to receipt by Grantee
after servioe of written notice of said violation, except
where such vialation is not the fault of Grantee or is due
to excusahle neglect.
(2) Attenpts to dispose of any suhstantial portion of the
facilities or pra�erty of its business without prior City
apprwal, as prwided for herein.
(3) Attenpts to evade any of ti�e prwisions of Franchise or
practioe any fraud or deceit npon City.
(4) Substantially violates any applicable federal, state or
local law.
(5) Substantially breaches or otherwise fails, refuses or
neglects to perform its obligations under the terms and
oorrditions of FYanchise,
B. Exclusion to the foregoing causes for termination of
Franchise shall be when such violation, bzeach, failure, refusal
or neglect is caused ir� any of the following:
(1) Acts of God; or
(2) Riots; or
(3) �nergencies declared by competent governmental
authority; or -
(4) Other causes not attributable directly or indirectly to
actions of Grantee; or
(5> Other causes which are without fault of Grantee or
whid� result fran cizcinnstances beyond Grantee's control.
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2. Procedure for Termination.
in the event that City determines that Grantee has substantially
violated any ptovision of Ftanchise, or any applicable federal.
state or local law, City may rmke a writtes� demand on Grantee that
it renedy such violation and that contin�d violation may be cause
for tecmination. If the violation, breach, failure, refusal, or
neglect is not renedied to the satisfaction of City within thirty
(30) days following su� denand, City shall determine whether or not
such violation, breach, failure, reiusal or ne9lect by Grantee was
excusable or inexcusable as provided in Section 405.09(1).
' A. A public hearing shall be held and Grantee shall be
prwided with an opportwiity to be heard upon thirty (30) days
written notice to Grantee of the time and the place of the
hearing prwided klhe causes for pendiag t�rmination and the
reasons alleged to constitute such cause shall be recited in
the notice. Said notice shall affirmatively recite the causes
that need be shaan by City to support a termination.
B. If, notice is given and, at Grantee's option, after a full
public proceeding is held, City determines that sudi violation,
breach, failure, refusal, or neglect by Grantee was excusable
as prwided in Section 405.09(1l, City shall direct Grantee to
correct or ranedy the same within such additional time, in such
nr�nner and upon such terms and conditions as City m3y direct.
C. If. after public hearing and hearing it is determined that
Grantee's performance of any of the terms, conditions,
obligations, or tequizenents of Ftanchise was pzevented or
impaired due to any cause beyord its reasona4le oontrol or not
reasonably foreseeable, such inability to perform shall be
deened to be excused and no penalties or sanctions shall be
ing�ored as a result thereof, provided Grantee has notified City
in writing within thirty (30) days of its discovery of the
occurrence of such an event. Such causes beyond Grantee's
reasonable oontrol or not reasonably forFSeeable shall incluc�,
but shall not be limited to, acts of God, civil emezgencies and
� labor strikes.
D. If, after notioe is qiven and, at Grantee's option, a full
public proceeding is held, City determines that such violation,
breach, failure, refusal or neglect was inexcusable as prwided
in Section 405.09(1), then City may declare, by resolution,
Franchise be terminated and cancelled and of no further force
and effect imless there is compliance within such period as
City may fix, such period not to be less than sixty (60) days,
prwided no opportunity for compliance need be granted for
fraud, misrepresentation, or violation of privacy rights.
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E. The issue of termination shall autanatically be placed upon
the City Council agenda at the expiration of the time set by it
for oo[nplianoe. City then may terminate Franchise forthwith
upon finding that Grantee has failed to achieve compliance or
may furthez extenc7 the peziod, in its discretion.
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F. In the event City terminates the FYanchise, Grantee shall
have a period of thirty (30) days from the date of the
oonclusion of the public hearing at which the termination of
the Franchise was considered within which to file an appeal
with Board pursuant to Minnesota Statutes Section 238.14.
During the thirty (30) days period and until Board determines
the appeal, if an ap�eal is taken, Franchise remains in full
force and effect, imless the term of the Franchise ends sooner,
If Board approves of the action of City, the Franchise
terminates imrediately; if the Basrd disapprwes of the action
of City, the Franchise renains in full force and effect during
its term imless it is sooner terminated in accordance with law.
.Any ap�eal to Board is a contested case to whid� Board is not a
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G. If City, after notice is given and, at Grantee's option, a
full public proceeding is held and appeal is exhausted�
declares Franchise breached, the parties may pursue their
renedies pursuant to Franchise or any other ranedy, legal or
equitable.
3. ILanoval of Systen.
Upon termination, forfeiture or expiration of Franchise, if not
renewed, Grantee shall renwe its cables, wir� and appliances from
the streets and other public and private property within City if
City so requests, and City shall follow procedures set forth in the
Agreanent (Exhibit I) upon the event Grantee fails to remove its
cable, wires and appliances fran the streets and other public and
private �roperty within City.
4. Purci:=se.
When Syst•Mn is offered for sale or at the teimination of Franchise,
City sha have the ric�t to purchase S�sten in acoordance with the
terms arc' conditions set forth in ti�e Agreenent (Exhibit I).
5. Abandorment.
Grantee may not abandon any cable communications service or any
portion thereof without having given three (3) months prior written
notioe to City and Board. F1�rther, Grantee may not abandon any cable
conmumications servioe or any portion thereof without compensating
City for damages resulting from the abandonment. For purposes of
this Section, "Service" shall mean the Aggregate Cable
Crnmiunications S�sten.
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1. Monitoring Su6scriber Viewing.
No signals of a Class IV Cable Communications Channel may be
transnitted itan a su6scriber tecminal for puzposes of monitoring
individual viewing patterns or practices without the express written
permission of subscriber. Requests for such permission shall be
contained in a se�rate document with a pr aninent state9nent that
subscriber is authorizing the permission in full knowledge of its
prwisions. Such writtc�n permission shall be for a limited peciod
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of time not to exceed one (1) year which shall be renewed at the
option of suhscriber. No penalty shall be invoked for subscriber's
failure to prwide or rerew such authorization, The authorization
shall be revocable at any time by subscri6er without penalty of any
kind whatscever. Such permission shall be r�+,;red foc each type or
classification of Class IV cable coaunuLications activity planned for
the putpose.
2. 5ale of Subscriber Lists Prohibited.
No infocmation or data obtained by monitoring transmission of a
si�al fran a subscriher terminal, including, b�t not limited to,
' lists of the names and addresses of the subscribers or any lists
that identify the viewing habits of subscribers. may be sold or
othecwise made available to any Ferty other than to Grantee and its
employees for internal busiriess use, or to the subscriber who is a
subject of that information, imless Grantee has received specific
written authorization from su6scriber to make the data available.
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3. Protection of Systen Integrity.
Writtes� permission fran subscriber shall not be required for the
conducting of System-wide or individually addressed electronic
sweeps foc the putpose of vetifying Systen integzity or monitozing
for the purpose of billings. Confidentiality of such information
shall be subject to the provision set forth above in paragraph
405.10(2).
4. Discriminatary Practioes Prohibited,
Grantee shall not deny service, deny access or otherwise
discriminate against subscribers, prograrmiers or general citizens on
the basis of race, oolor, religion, national origin, sex or age.
Grantee shall strictly a�ere to the equal employment opportunity
requiranents of Board as expressed in 4 MCAR Section 4.108 and of
the federal qoverrnnent, as e�ressed in 47 CER Section 76.13(a)(8)
and Section 76.311. Grantee shall comply, at all times, with all
other applicable federal, state and city laws, and all executive and
acininistrative orders relating to nondiscrimination.
5. Cable Tapping Prohibited.
Neither Grantee nor any other person, agency or entity shall tap, or
arrange for the tapping of any cable, line, signal input device or
subscriber outlet or receiver for any purpose whatsoever, except as
prwided for above.
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1. Miniman Required Access �annels.
Grantee shall, at a miniman, prwide to each of its subscribers who
receives scme or all of the servioes offered on S�stan, reception of
at least one (1? specially desicg�ated noncommercial public access
cl�annel available for use by the general public on a first come.
first seroed, nondiscriminatory l�sis; at least ane (1) specially
desic�ated access channel for use by local educational authcarities;
at least one (1) specially desic�ated access channel available for
local govermnent use; and at least one (1) specially designated
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access channel available for lease on a first come, first served,
nondiscriminatary basis by oonnrercial and noncamrercial users. The
VHF specttwn must be used for at least one (1) of the specially
desi�ated nor�mrercial public access channels required in this
subdivision. No charges may be made for channel time or glayback of
prerecorded programming on at least one (1) of the specially
desicy�ated noncoimrercial public access channels required by this
subdivisiori. Personnel, equipment, and production costs may be
assessed, however, for live studio presentations exceeding five (5)
minutes in length. Charges for those production costs and any fees
for use of other pubiic access channels must be consistent with the
goal of affording the public a laa�ost nneans of television acoess. '
2. Additional Access Cl�annels.
Whenevec the specially designated noncommercial public access
channel, the specially designated education access channel, the
specially designated local government access channel, or the
specially designated leased access diannel t��;red in this section
is in use during eighty percent (808) of the weekdays
(Monday-Friday), for eighty percent (808) of tiie time during any
oonsecutive thzee (3) hour period for six (6) weeks running, and
there is demand for use of an additional channel for the same
purpose, Grantee shall then have six (6) months in which to provide
a r�w specially designated access channel for the same purpose,
prwided that provision of su� additional channel or channels shall
not require Grantee to install corroerters. However, nothing in this
section shall be oonstrued so as to preclude the installation of
converters by Grantee on a voluntary basis, or as a result of an
agreanent arrived at through ne9otiation between the parties or by a
potentYal access user who wishes to install wnverters in order to
make use of an additional channel ot channels.
3. Operating Rules.
Grantee shall establish rules pertaining to the acfininistration of
the s�cially designated no�rcial public access channel, the
specially desicy�ated educatiorr�l access channel, and the specially
desi�ated leased access channel required in this section. The '
operating rules established by Grantee governing the specially
designated noncommercial public access channel, the specially
desicg�ated educational access channel, and the specially designated
leased access channel required in this section shall be filed with
Board and City within thirty (30) days after any such channels are
put into use.
4. Access Fquignent,
Grantee shall at a minimwn make readily available for public use at
least the minimal equipment necessary for the production of
progr�mning and playback of prerec.orded progtams for the specially
designated nonco�mnercial public access channel (s) . Grantee shall
also make r�dily available, upon need being shown, the minimtmi
r�+,ignPnt necessary to make it possible to record pro9x�os at renote
locations with la3ttery operated portable equignent. Need within the
meaning of this section shall be determined by subscriher petition.
�e petition must contain the signatures of at least ten percent
405-�.
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(108) of tl�e subsczibers of Sj�sten, but in no case, more than five
himdred (50�) nor fewer than om himdced (100? sic�atur�.
5. Acoess Corporation.
Grantee shall coordinate with and cooperate with City in the
continued support, operation and developrent of any nonproPit acoess
oorporation,
6. Special Service Subscribers
If Grantee offers sukzscribers the option of receiving programs on
' one (1) or more special service channels without also receiving the
regular subscriber services, Grantee may nomply with this section by
providing the subscribers who receive the special service only, at
least ore (1) specially desic�ated oomposite access ci�annel canposed
of ti�e progr�mning on ti�e specially desi�ated noncommercial public
access channel, �e specially desic��ated edu�tion access channel,
and the specially designated local qovernment access channel
required in this section. In the event Grantee provides only alarm
servioes or only data transnission services for computer operated
fimctions, Grantee need not provide access channel reception to
alazm and data service subscribers.
7. Channel Capacity Limitation.
If availa6le channel capacity is reduced in the future or where
demand for use does not warrant activation of all the specially
desicy�ated access channels; pu6lic, educational, governmental, and
leased acoess channel progcaQm�ung may be oombined on one (1) or more
cable channels. To the extent time is available theref or, access
channels may also be used for other broadcast and nonbroadcast
services, provided that such services are subject to immediate
displacement if tl�ere is demand to use the �annel for its specially
desic�ated purpose. Grantee shall, in any case, prwide at least one
tl) full d�arv�el on the VHF spectrwn for shared access progr�mning.
405.12. AII�iTN7S'IItATICN.
' 1. P'ranchise Acininistrator.
A. City Manager and City Manager's desicgiees of City shall be
responsible for the continued acininistration of the Franchise,
except as City Council may, from time to time, determine.
Notice shall be given to Grantee of any change of Franchise
Arininistrator pursuant to this section.
B. The City Nlanager and City Manager's desic�ees shall perform
sud� duties and have such responsibilities as are specified by
resolution of City Co�mcil or by the Franchise. S�ch duties and
responsibilities may include, bu# shall not be limited to, the
follaaing:
(1) Serve as liason between City, the Fridley Cable
1�elevision Advisory Camnission and Grarstee;
(2) Monitor Grantee's adherence to consttuction and
installation schedule and upgrading;
(3) Assuze oompliance of applicable laws and ordinancesp
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405-13
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(4) Monitor operational standards as contained in the
FYanchisef
(5) At Cotimcil's discretion, azrange tests and analysis of
equignent and performance;
(6) Monitot road and traffic disruptions for construction
and repair purposes;
(7) Assure continuity in servioef
(B) Receive, examu�e and recommend action on the monthly
log of citizen oomplaints;
(9) Assist in evaluating uses of acoess channelsf
f10) Prepare an anniiaj r�ort to Camcil;
(11) Receive for examination all data and reports required
by the Franchise, and, where appropriate, forward said data
to the various interasted oz affected City depar�nents=
(12) Make recamnendations to Council regarding damages for
violations of the fYanchi.se;
(13) Monitor regulatory and legislative actions at the state
and federal level;
(14) Request information fran Gsantee on behalf of various
City dep3rtinents;
(15) Monitor, evaluate, report to Council and approve minor
changes in �n,;p�nt or design that deviate from Grantee's
Offering to insure that su6stituted equipment or design is
equal to or better than that specified by Grantee in its
Offering.
2. Cable Television Advisory Camnission.
City may provide for an ongoing cable television advisory �mnission
which will prepare, annually, u�formation and status reports of the
upgrading, operation and maintenance af S�stan. �e specific nature
and composition of Commission shall be determined by City, and
�ers shall be residents of City.
3. Waiver of Fee and Charges.
Upon tl�e petition of Grantee and a shaaing tl�at it is in the public
interest to do so, City �y, by fout (4) affirmative votes of City
Council, waive collection of all or any part of that portion of the
payment rc�cn,;red of Grantee that is attributa6le to compensation
received by Grantee fran its cablecasting operations from which a
per-progr�n or per-channel charge is made.
4. Rules and Regulations.
A, in addition to the inherest powers of City to regulate and
control the Franchise, and those powers which are expressly
reserved by City, or agreed to and provided for herein, the
nght and paaer is hereby reserved by City to promulgate such
additional reasonable regulations as it shall find necessary in
the exercise of its lawful powers and in furtherance of the
tezms and conditions of the Franchise.
405.12
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B. City may also adopt such regulations at the request of
Grantee upon application to City.
C. Any rules or regulations adopted pursuant to this section
sha7.l be published at City's Eiipense and be readily available
to subscribezs.
D. City reserves the right to determine how the access
channels will be a3ainistered.
5. Grantee Rules and Regulations.
Grantee shall have the authority to promulagate such rules,
� tegulations, terms and conditions govezning the conduet of its
business as shall be reasonably necessary to enable Grantee to
exercise its ric�ts and perform its obligations imder the Franchise,
and to assuce an unintecrupted service to each and all of ite
custaners, prwided, however, that such rules, regulations, terms
and conditions shall not be in conflict with the provisions hereof
or applicable state and federal laws, rules and regulations. Any
rules or regulations prcmulgated pursuant to this section shall be
published at Grantee's expense and be readily available to
subscribers.
6. Penalties.
EScclusive of contractual damages or other ric�ts in law or equity, a
violation of any provision of this Chapter is a misdemeanoi and is
enforceable by City.
A. Fran and after the effective date of the Franchise, it
shall be imlawful, for any person to establish, operate or to
carry on the business of distributing to any persons in City
any television si�als or radio signals by means of a cable
cammmications syst�n unless a Franchise therefor has first
been obtained pursuant to the provisions of the Chapter, and
unless such Franchise is in full forae and effect.
B. Fran and after the effective date of the Franchise, it
shall be unlawful for any person to construct, install or
� maintain within am public street in City, or within any othez
public property of City, or within any privately owned area
within City whid� has not pet become a public street but is
desicgtated or delineated' as a proposed public stteet on any
tenta tive subdivision map approved by City, any equipment oc
facilities for distributing any television signals or radio
signals through a cable communications system, unless a
Franchise authorizing such use of such street or property or
area has first been obtained pursuant to the prwisions of the
Franchise and unless such Franchise is in full force and
effect.
C. It shall be imlawful for any person, firm or oorporation to
make any unauthorized conneation oc reception, whethez
physically, eiectsicallyr acoustically, inductively or
othezwise, witl� any part of a franchised ca61e communications
system within City foz the purpose of taking oc receiving
television sicg�als, radio sic�als, pictures, programs or sound.
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405-15
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D, It shall be imlawful for any person, firm or corporation to
make any unauthorized connection, whether physically,
electrically, aaoustically, inductively or otheiwise, with any
part af a franchised cable oammunications syst�n within City
for the purpose af enabling himself or herself or others to
receive any television sic�al, radio si�al, pictuze, program
or samd, without payment to the owner of said systan.
E, it shall be imlawful for any person� without the wnsent of
the owner, to willfully tamper with, remove or injure any
cables, wires, or �„pment used for distribution of television
sicg,als, radio si�als, pictures, pro9r�ns or sound.
7. Finergencies.
In the case of any emergency or disaster,
request of City, �ke available its facilities
use during the anergency or disaster period.
405.13. MISCII,I.ANF70U5 P1�DVISIC�IS.
1. Confozmance with Laws.
Grantee shall, upon
to City for energency
City and Grantee shall conform with all state laws and rules
regarding cable om�uBmications no later than one (1) year after they
becane effective, imless otherwise stated. City and Grantee shall
conform with all federal laws and cegulations regarding cable
oa�nications as they beoome effective. Grantee shall also comply
with all City ordinances, resolutions, rules and regulations
heretc�ore or hereafter adopted or established during the entire
term of the Franc3�ise.
2. Franchise Renewal.
A. Grantee may apply for renewal or renegotiation of the
Franchise no later than eighteen (18) months prior to the
expiration of the Franchise in a manrer and form acceptable to
City, unless City determines not to reissue Franchise to
Grantee or desires to consider additional applicants for a
Franchise.
B. Grantee may be apprwed, and the Franchise or modification
to it may be renewed or extended by City in acwr�noe with the
then existing rules of the FCC, the Board, the City and all
other applicable laws, ordinances, rules or regulat,ions.
C. Nothing in the Franchise shall be construed to require
renewal or extension of the Franchise.
D, City shall conduct an investigation and evaluation of
Grantee and System and the zenewal proposal. This
irrvestigation and eva3ua tion shall be oompleted by City within
six (6) months after receipt of the application and
determination t� City of its cnrtq�leteness.
E. Renewal of the Franchise may not be for more than fifteen
(15) years, imless otherwise permitted b,� federal or state law.
F. City and Grantee may contract for renewal of Franchise
prior to expiration of this Chapter.
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3. NO[IERfOL�IIt � C1L"j�.
Grantee shall not be relieved of its obligation to comply with any
of the prwisions of this Franchise by reason of any failure of City
to enfotce ptcmpt canpliance.
4. Sale or Transfer of FYanchise.
A, Any mble w�nmications Fianchi.se granted by City shall be
a pcivilege held by Grantee fot the bex�efit of the public. �he
FYanchise shall not be sold, assi�ed or transferred, either in
whole or in part, ar leased, sublet or mortgaged in any �nanner,
' nor shall title thereto, either legal or equitable, or any
ri9ht� interast or property therein� pass to or vest in any
person without full ooanpliance with the procedure set forth in
this section. Any sale or transfer of the Franchise shall be
subject to any applicable ownership and control limitations or
prohibitions i�osed by federal or state law. This section
shall include sale or transfer of all or a ma�ority of a
wrporation's assets, merger tincluding any parent and its
subsidiary corporation), consolidation, creation of a
subsidiary corporation or sale or transfer of stock in a
carporation so as to create a new mntrolling interest in the
Systen. 7:he term "controlling interest" as used herein is not
limited to majority stock ownership, but includes actual
working control in whatever maru�er exercised.
fl) The parties to the sale or transfer of this Franchise
shall make a written request to the City for its approval of
a sale or transfer of this Franchise.
(2) City shall regly in writing within thirty (30) days of
the request and shall indicate approval of the request or its
determination that a public hearing is necessary if City
determines that a sale or transfer oP the Franchise may
adversely afPect Grantee's suhscribers.
(3) If a public hearin9 is deemed necessary pursuant to
paragraph (2) above, such heari.ng shall be conducted within
' tl�irty (30) days of such determination and notice of such
public heazing shall be given fourteen (14) days prior to the
hearing by publishing notioe thereof once in a newspaper of
general circulation in the area being served. The notice
shall wntain the date, time and place of the hearing and
shall briefly state the substance of the action to be
considered by City.
(4) Within thirty (30) days after the public hearing, the
City shall ap�prove or deny in writing the sale or transfer
request. Appcoval of the sale or transfez shall not be
imreasonably withheld. �
(5) City shall notify the Board of any sale or transfer of
the bYanchise, including a sale or transfer by means of a
f�damental corporate change. The notification shall be
acoomp3nied by the written certification of the transferee
that it meets all of the requirements with respect to
technical ability and financial stability demanded of the
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orginal Grantee. City shall cause to be sent to Board a copy
of all public doc.wnents related to the sale or transfez.
(6) Grantee, upon transfer, shall, within sixty (60) days,
thereafter file with the City a copy of the deed, agreenent,
mortgage, lease or other written instrument evidencing such
sale, transfer of ownership or wntrol or lease, certified
and sworn to as oorrect by ti�e Grantee.
B. In reviewing a request for sale or transfer pursuant to
paragraph (A) ahave, the City may inquire into the
qualifications o€ the prospective oontrollin9 party and Grantee
shall assit the City in so inquiring. 7Yie City may condition �
said transfer upon such terms and conditions as it deems
apprapriate. In the absence of extraordinary circinnstances,
the City shall not apprwe any transfer or assi9nment of the
Franchise prior to substantial completion of constsuction of
ti�e S�sten, as detecmined solely by the City. In no event shall
a transfer or assicgunent of aanership or control be approved
without the transferee becoming a si�ator to tl�is Franchise.
5. Condannation.
Grantee shall receive upon condeiu�ation proceeciings brought by City
to acquire System, compensation for the Franchise or the value
tl�ereof, if any. No value shall be attached to the Franchise in the
event of termination or expiration.
6. Amenc3nent of Qiapter and Vaziances.
A. Amen�nent of Franchise Q�apter.
After published notioe, public hearings and deliberations of
ti�e Camcil of City, this Franchise may be amended upon four
(4) affirnative votes of the Council of City and the written
consent of Grantee.
B. Variance Applicatsons and Procedures.
When the Franchise Administrator determines that a proposed
change, alteration or su6stitution i.n Grantee's Offering will '
be noncontroversial in nature, the follaaing procedure may be
utilized ra�er than the prwisions of �ragraph (PJ above.
(1) The Franchise Ac�ninistrator shall give notice of the
intention to change, alter or snbstitute a provision of the
Offering wit]�out public hearing. The notioe shall be given by
publication in the official newspsper of City. The notice
shall include a simmery of the proposed change, alteration or
substitution. �he notioe shall include a statanent advising
the public:
(a) That they have ten (10) days in which to submit
comment on the proposed change, altetation or
substitution;
(b) That no public hearing will be held unless seven
(7) or more persons make a written request for a hearing
within the ten (10) day oa�ment period; and
(c) Of the manner in which persons shall cequest a
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hearing on changes proposed pursuant to this
subdivision.
(2) Applications for variance shall be f iled with the
Franchise Achninisttator and subject to the following
procedures:
(a) An application fee of Fifty Dollars (SSO.OU) plus
actual a�sts incurred by City, including costs of
outside consultants, shall be paid to City by applicant
at the time af apprwal of a request for variance. An
application for variance may include more than one (1)
� variance request if the FYanchise A3ninistrator or City
determines that there is sufficient similarity or
relationships between issues to warrant the use of only
one (1) application.
(b) The Franchise Administrator shall give notice of
the application to City and Grantee of the date, time
and plaoe for review of the application,
(c) The Franchise Achninistrator shall review the
application within fourteen (19) calendar days of
pu6lication of the notice unless a public hearing is
r�,; red.
(d) In the event a public hearing is required, the
hearing shall be held within ten (10) calendar days
after demand for such a hearin9 has been met. The
Franchise Acbninistrator shall review the application
within seven (7) calendar days of tl�e wnclusion of the
public hearing.
(e) City shall receive a report af the findings of the
EYanchise Acininistrator at its next meeting following
the d3te of review by the Franchise Administrato�r.
(f) 'Ihe vaziance will be c3eezned approved by four (4)
affirniative votes of tY�e City Council.
, (3) Befoze a variance is granted, the following findings
shall be made by the Franchise Ac�ninistrator and shall be
included in tl�e report to City.
(a) The requested variance is a minor deviation from
the Offeri.ng and is oonsistent with the EYanchise in the
sole jud�rent of City.
(b) Application of the prwisions of tl�e tYanchise may
rasult in a hardship to the applicant and to grant a
variance would not be detrimental to other affected
parties. .
(c) Due to expense or delay� it would be unreasonable
to perfect su� changes by (riapter amenc3nent.
fd7 Undue delay, expense or other adverse results will
not occur by apprwal of the required variance.
(e) If a vaziance is because of technical ot cost
reasons, the variance will result in equal or better
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technical standards or oost efficiency.
7. Severahility
If any section, subsection, sentPnce� clause, phrase or portion of
ti�is (�apter is, for any reason, held im�alid oz unconstitutional by
any aourt or a3ninistrative agency of oonrpetent jurisdiction, such
portion shall be deeqned a separate, distinct and independent
�wision and such a holding shall not a1`fect the validity of the
renaining portions thereof.
405.14. POBLICATDON ;�t7D EE'FDCPIVE I]ATE
1. Publication; Efiective Ilate.
�is Chapter shall be sicyied by the Mayor and attested by the City
Qerk. Zhis Q�apter's official swnn�ary shall be published within
fifteen (15) days after adoption. The Chapter shall take effect
fiftee� (15) days after the last date of its publication in the
official news�per of City. This Chapter may incorporate by
reference, without publication in full, a statute of Minnesota or a
rule of the Board or the FCC and the Offering of Grantee.
2. Publication of Notices.
All public notices r«�,ired to be published by City, including this
Chapter's official sumnary shall be published in the official
newsFaper of City. Grantee shall pay the wsts for publication of
this Chapter, a Rate Chapter, and amendments to them, as such
publication is required by law,
3. Acceptance Procedure.
A. Grantee shall acoept the Franchise, subject to obtaining a
Renewal Certificate of Confirmation, in form and substance
acoeptable to City, prior to the Board conducting a public
meeting on the application for the Renewal Certificate of
Confiimation, imless the time for acceptance is extended by
City. In the event it is legally impossible for Grantee to
obtain a Renewal Certificate of Confirntiation bec�zuse of federal
or state legislation, acceptance shall then occuz no later than
sixty (60) days fran the effective date of this Chapter.
B. Upon acceptance of ti�e Franchise, Grantee shall be bo�md by
all its terms and conditions.
C. 'Ihe Offering shall be permanently kept and filed in the
Office of tl�e City Clerk and the originals or reproductions
thereof shall be available for inspection by the public during
normal business hours. Also, Grantee may summarize the
Offering in a manner acceptable to City or reproduae the entire
Offering, and shall have either at the following locations in
the follaaing quantities:
(1) Offioe of the City Clerk - one (1) wpy;
(2) Public Library - one (1) copy each;
(3) Offioe of the City Attotney - one (1) ooP3;
(4) Local Offioe of Grantee - one (1) copy;
405.7 �'
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(5) Offioe of any school district in City - ore (1) copy.
D. Grantee shall have continuing responsibility for the
Franchise, and if Grantee be a subsidiary or wholly owned
corporate entity of a parent corporation, performance of the
Franchise shall be secured by guarantees of the parent
wrporation in form and substance acceptable to City, which
shall be delivered at titre of� and as part of� accepteince of
the Franchise.
E. With its acceptance, Grantee shall deliver to City true and
oorrect wpies o£ docianents creating Grantee and evidenc.�ng its
� power anc7 authority to accept the Franchise. Further, such
documents shall describe officers authorized to accept on
behalf of Grantee.
F, Upon receipt of the RPnewal Certificate of Confirniation,
Grantee shall also pay all oosts and expenses incurred by City
in oonnection with the rerewal process. City shall provide an
itenized statanent to Grantee, Costs or e�enses of City not
identified at that time shall be paid pranptly by Grantee ugon
receipt of an itenized statenent fran City. It is the intent
af the City and Grantee that City be reimbursed for all their
costs and expenses in connection with the renewal of this
FYanchise including any subsequent expenses due to delays or
litigation pertaining to the grant of this Franchise. In order
to acoomplish these activities, the Grantee shall arrange a
time and place satisfactory to both Grantee and City. In the
event it is legally impossible for Gzantee to obtain a Renewal
Certificate of Confirmation because of federal or state
legislation, reimbursement of the above-described expenses
shall occur no later than sixty (60) days from the effective
date of (�apter.
G. All security deposits, insurance contracts, bonds and
guarantees required by Grantee by the Franchise shall be
deliveced upon zeceipt of the Renewal Cectificate of
� Confirmation. In the event it is legally impossible for
Grantee to obtain a Renewal Certifi�ate of Confirniation because
of federal or state legislation, all of the above-described
docim�ents shall be prwided to City no later than sixty (60)
days fran the effective date of the Chapker.
H, 71�e oamnitment of Grantee is contained in the Offering.
Grantee shall perform all services or offerings set forth in
its Offering including all promises, offers, representations
and inducements contained therein. Grantee's Offering and
specific understandings and agreanents with City shall be
anl�oclied in and incorporated into a Franchise Agreenent to be
entered into between City and Grantee based upon the authority
granted pursuant to this Chapter. 4he Franchise Agreenent is
set forth as Exhibit I, a separate doctmient incorporated herein
tx reference. The failure to refer to the 0£fering in any
specific prwision in the Franchise shall not be a limitation
on the obligation of Grantee to fully oomply with the Offering.
In the event of oonflict or discreFancies between any parts of
ti�e Offering or the Agreement entered into between City and
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405.14
405-2i
.�„ „
:."�r Grantee or this Chapter, those provisions whid� provide �e gceatest
benefit to City, in the opinzon of the City Camcil, shall prevail.
The Rate Chapter to be adopted by City shall incocporate the
applicable sectzons of Offering pertaining to rates and all charges.
In the event the Agreenent is not entered into and executed by both
the City and Grantee or the Rate (hapter is not adopted or for any
other failure to co�lete the acceptance as provided for in this
section, the Franchise granted by this Chapter shall be void, and
City shall have no further obligations to Grantee and Grantee shall
have no claim in law or �,;ty against City.
I. Each exhibit is a Fxi rt of this Chapter and each is specifically
incorporated herein by refec�ce. To the extent any provision of
the Offering, rulex of Board or Exhibits I and II are not
specifically set out in this Chapter or not validly incorporated
herein by reference, City, fran time to time, imy amend this Chapter
to include such provision effective as of �e date of commencement
of this Chapter or any such rule effective as of the date of the
oamrenc�nent of this Chapter or adoption of the rule, whichever is
later. Grantee, by acceptance of this Chapter and the Franchise
authorized by it, oonsents to and agrees to be bound by any suCh
�nen�nent.
J. In the event a Renewal Certificate of Confirniation has not been
issued within six (6) months after the effective date of this
�apter, the Franchise granted herein shall be null and void and the
said grant shall not become effective unless federal or state
legislation makes it legally ing�ossible for Grantee to obtain such
oonfirmation. City reserves the right to extend this time for
reasons beyond the oontrol of Grantee. Grantee has the burden of
proof to denonstrate that such delays were beyond its reasonable
control. Litigation or contested ac�ninistrative proceedings
initiated by any person other than Grantee based on the gzanting of
this Fzanchise shall be deaned beyond the oontrol of Grantee.
405.15. OFFTCIAL �II�IARY,
City hereby approves for publication the Official Summary
incorporated herein by reference as E�chibit III. Publication of the
Official Sim¢�ary shall clearly inform the public of the intent and
effect of this Chapter. The City Clerk shall see that a copy of
this Chapter is filed in the City C1erk's office and in the public
library of the City of Fridley, which the Council hereb3 designates
as locations at which a copy is available for inspection by any
person during re9ular business hours.
OFFICIAL
SZINAIARY
PASSED AND ADOPTID BY �IE CITY QOCINCIL OF TAE CITY OF FRIDLEY TEiIS 6TH DAY OF
DECEhII3IIt, 1962.
.1.�.� J `-'– —
WII�LIAM J. NE MAYUR
ATTFS'P :
�� �1 C.1 _ �-�z�
SIDNr.'Y C. - CITY CT.ERK
Public Hearing: Novenber 15, 1982
First Reading: Nwenber 22, 19ffi
Second Reading: December 6, 1982
Publish: December 8, 1982
2/2/10/16
2/2/20/4
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