Ordinance No. 0850 01-13-1986���
ORDINANCE N0. 850 - 1986
� AN ORDINANCE RENDIFYING THE FRIDLEY CITY CODE� CHAPTER
405, ENTI7S,ID "CABLE �MMTNiCATIDNS FRANQ3ISE" BY AMENDING
SECTION 405.13 (2) BY ADDING PARAGRAPHS G THROUGH N
RFX'�11RDING Fi2ANQ3ISE RENII�TTAL,
The City Cotmcil of the City of Fridley does hereby ordain as follaas:
405.13 MISCa,LADTE]OUS PROVISIONS
2. Franchise Renewal
G. Notwithstanoing anything to the contraLy, Grantee commits at a minimun, to
the follaaing at such time as Grantee is grantec a renewal of this Franchise:
1. Grantee shall have in operation a 400 MHz, fully activated 54 channel
syst�a no later than January 1, 1990;
2. Grantee shall activate full one-way adaressability throughout the
S�st�ii and prwide to each subscriber requiring a cor,verter a cne-wuy
addressable corn�erter no later than January 1, 1990;
3. Grantee shall have in operation an es,ergency �lert overriae systen
cag�ble of overriding the audio on each channel na later than Sanuary 1,
1990;
� 4. Grantee shall provide to each subscriber reception of at least one
(1) specially desic�atea noncomnercial public access channel available
for use by the general public on � fir�t-conle, first-servea,
nondiscriminatory lx-�sis; at least one (1) specially designated access
channel available for local government use; and at least one (1�
specially designated access channel available for use by local
educational authorities; and at least one (1) s�ecially designated access
channel available for use by the Anoka County Library.
5. Grantee shall, at a mimm�un, coirnnit equignent after consultation anc�
nirection fresn City in support of public, educational ar?d goverrunent
access the value of which shall c�ual the following:
A. Year 1 $50,000
B. Year 5 $50,000
C. Year 10 $50,000
EquiFment committed in sup�ort of public, educatianal and governrnental
access shall not be used for any other purpose without the prior written
approval of City. Grantee shall be responsible for insuring,
maintaimng, re�airing, fixing ana ad�usting all equignent sc committed.
All such equipment provicled by Grantee shall be replaced by Grantee
imless Grantee establishes to the satisfaction of City that demand does
not exist for such equipnent.
� Grantee sha7.1 sutmit to City by Jime 1, of the a�plicable year � written
statanent setting forth the equipnent Farchased and the amount ex�ended.
The statanent shall be si,ned and verified by at least one (1) ofticer
authorized to sicyl on behalf of Grantee and acknaale4ged before a notary
puX,l ic.
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Page 2- Ordinance No. $50 - 1986
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H. Grantee commits to the follaaing customer service require�nents for the
c7uration of this Franchise and any franchise renewal:
1. Subscriber requests for maintenance or rep�irs receive� pxicr to 2:G0
p.m. shall be performed the same c7ay;
2. Subscnber requests for maintenance or repairs received after 2:00
p.m. shall he performed within twenty-faur (24) hours of the request;
3. Maintenance �:ersonnel shall t�e on duty f rorn 8: 00 a. m. to 8: 00 Y, m.
Nbnday through Fnday.
4. Maintenance personnel shall be on duty from 8:00 a.m. to 5:D0 p.m. on
Saturdays.
5. If Grantee fails to correct a service probl �n within twenty-foux (24)
hours, Grantee shall credit 1/30th of the monthly charc�e to the
subscriber for each twenty-four (24) hours or fraction thereof after the
tirst twenty-four (24) hours during wtiich a subscriber is without
sexvice, except to the extent that restaration of service is pre�entecd by
strike, in�uction or other cause beyond the control of Grantee.
I. Grantee shall, at all times, until Grantee has accepted a rene�aal or
e�ension of this Franchise, maintain with City a bond in the sLUn af one
hundred thousan�i dollars ($100,000) in such form ar,d with such sureties as
shall be acceptable to City. The bond shall be conditioned u�on the Grantee
accepting a renwal or extension of this Franchise withir� 30 days of the
adoption by City of an ordinance offering a rer�ewal or e�ttensiort on terms and
conditions substantially similar to this Franchise together with those
imprwenents desented in �aragraphs G anci H above. The rights reservec3 by
City with respect to the bond are in addition to all other rights the City rnay
have under this Franchise or any other law.
J. At the acce�ance of a renwal or extensicn of this Franchise, and at all
times thereafter, until Grantee has completeca those imprcvanents set forth in
�aragra�hs G(1) (2) (3) (5A) above, to the rea�onable satisfaction of City,
Grantee shall maintain with City a bond in the s�un of Five Huncirec� TY3ousand
Dollars ($500,000) in such form and with such sureties as shall be acceptable
to City, conditioned upon the faithful �rformance of Grarctee of the franchise
renewal or extension requir�nents includincy, but not limitec to, those
improvenents ciescribec] above and u�on the further condition that in the event
Grantee shall fail to comply with any law, ordinance or regulation, there
shall be recoverable 7ointly and severally from the principal anc3 surety of
the bond, any damages or losses suffered by City zs a result, includiny the
full amount of any wmpensation, indemnification or cost of ren�oval of any
pro�erty of Grantee, including a reasonable allaaance for attorney's fees and
costs (with interest at two percent (2°s) in excess of the then prime rate), up
to the full amount of the bond, and which bond shall further suarantee ��yment
by Grantee of all claims and liens against City cr any public pro�erty, ana
taxes due to City, which arise by reason of the construction, o�er�tion■
maintenance or use of the Systan. The rights re�rvec7 by City with respect to
the bond are in addition to all other rights the City nay have. The bond
shall be reduced to One Hundred Thousand Doll�rs ($100,000) at such time as
City determines those unprovaaents described in p�ragraph G(1, 2. 3, and 5A)
have been completed. City may, in its sole discretion, reduce the arnount of
the bond further or eliminate the requirenent that a bond �e maint«ined.
Page 3- Ordinance No. 850 - 1986
K. Grantee shall acce� this Ordinance in form anci substar3ce acceptable to
� City, within thirty (30) days of the effective date of this Orclinance. Upon
acceptance of this Ordinance, Grantee shall be bound by all of its terms and
conciitions.
L. Grantee shall have continuing responsibility for the Urcainance, anG if
Grantee be a subsicliarp or wholly owned corF�orate entity af a parent
corporation, perforn:ance of the Ordinance shall be secureci by guar�ntees of
the �rent corperation in foxm and substance acceptable to City, which shall
be deliverec3 at time of, and as �rt of, acce�.tance of the Ordir�nce.
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M. With its acceF,tance, Grantee shall deliver tc City true and correct cogies
of doctunents creating Grantee and evi�3encing its power and authoxity to accept
the Ordinance. Such dociunents shall descnbe officers authorizeG to acce�t on
behalf of Grantee.
N. With its acceptance, Grantee shall also reimk,urse the City for all costs
and e�nses incurred by City in connection with this Ordinance. City shall
prwide a statenent to Grantee. Costs or expEnses of City not identif iec] at
that time shall be p3id pranFitly by Grantee upon receipt of statement f rom
City. It is the intent of the City and Grantee that City �e reimbursed f or
e.11 of its costs and e�tpenses in connection with the review of the change in
aanership and Ordinance amen�nent process, incluc3ing any subsequent expenses
due to delays or litigation �iertaining to the change of ownership and this
Ordinance.
PASSED AA1D ADOFPED BY THE CITY 07I7NCIL OF THE CITY OF FRII7LEY THIS 137i3 BAY OF
JAARTARY, 1986
ATi'FST:
�,-�' �u� �/�-� .� ��:�
33IRLEY A. ALA - (T�ERK
First Reading: January 6, 1986
Second Reading: January 13, 1986
Publication: January 20, 1986
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WILL1�1 S. NEE - YOR
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