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HomeMy WebLinkAbout0051 ~ _ as ~ I , e"', r 1, ~ - ORDINANCE N0. AN ORDINANCE GRANTING TO ELECTRO??IC GOAISLTLTANTS INC,, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NON EXCLUSIVE FRANCFIISE TO CON- STRUCT, OPER4TE AND MAINTAIN A TELEVISION STGN- AL SERVICE AND DISTRIBUTION SYSTEM FTPPHIN THE VILLAGE OF LAISEVILiE, MINNESOTA, ,AND SPECIFY- ING THE TERMS AND CONDITIGNS Tf~REOF THE VILLAGE OF LAKSVILIE, MINNESOTA, DQES ORDAIN AS FOLIAWS; Section 1. Definitions.. For the purpose of this Ordinance, the follow- . ing terms, phrases, words, and their derivations shall have the meaning given herein. when not inconsistent with the context, 'words used in the present tense include the future, words 3n the plural number include the singular num- bar, and words in the singular number include the plural number. The word "shall" is always mandatory end .not merely directory... -(1) "Village" is the Village of Lakeville Minnesota, as its boundaries now exist and as they may hereafter be changed. Electronic (2) "Company" is ' Consultants ,Inc., the grantee of rights under this franeYsise, and its successors and assigns. (3) "Council" is the Village Council of the Village of Iakeville, Minn- esota. (4) "Person" fs any person, firm, partnership, association,. corporation, company or organization of any kind. Section 2, Grant of Authorit There is hereby granted by the Village to the Company the ri t and privilege to construct, erect, operate. and main- tain, ink upon, along, across, above, over and under the streets, alleys, public ways and public places now laid out or dedicated, and all extensions thereoY, and additions thereto, in the Village, poles, wires, cables, underground con- duits, manholes and other television conductors and fixtures necessary for the maintenance and operation in the Village of a community television system for the interception, sale and distribution of television signals, and for the pur- pose of transmitting VHF and FM signals and television pictures and sound prig- inating on its own premises. Section 3. Com Hance with A livable Laws Ordinances and Villa Charter. The Company shall, at all times during the life oP this Franchise a subject to all lawful exercise of the police power by the Village, and to such reasonable regulations as the V111age shall hereafter by ordinance provide. The Charter of the Village, is a part of this ordinance and includad herein by reference a~ no interpretation oP this Franchise shall be construed in conflict with said Charter, Section 4. Cwnpany Liability--Indemnification. It is expressly understood and agreed by and between the Company and the Village. that the Company shall save the Village harmless from all loss sustained by the Village on account of any suit, judgment, execution, claims or demand whatsoever resulting from the "ti the construction, operation or maintenance of its television system in the. Village'. The Village shall notify the Company's representative in .the Vil- lage within thirty (30) days after .the presentation of any c]aim or demand, either by suit or otherwise, made against the Village on account of any action as aforesaid on the part of the Company. Section 5. Service Standards. The Company shall maintain and operate Sts system and.. render efficient service in accordance with the rules and re- gulations as area or may be, set forth by the Council. The Council shall have the right to require reasonable extensions of the system Prom time to time and to make such rules and regulations as mey be required to secure adequate and proper service and to provide sufficient accommodations for the public. (1) Notice of Interru tion for Re irs. Whenever it is necessary to shut off or in errup service fort purpose of making repairs, adjust- ments or installations, the Company shall do it at such time as will cause the least amount of inconvenience to its custa~mers, and unless such inter- ruption is unforeseen and immediately necessary, it shall give reasonable notice thereof to its customers. Section 6. Com~a~ Rules, The Company shall have the authority to pro- mulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable the Company to exercise its rights and perform its obligations under this Franchise, and to assure en uninterrupted service to each and all of its customers,. Provided, however, that such rules, regulations, terms and conditions shall :not be in conflict with the provisions hereof or of laws of the State of Minnesota or ordinances and the Charter of the Village. (1) Use. All transmission and distribution structures, lines and equipment erected by the Company within the Village shall be so located as to cuuse minimum interference with the proper use of streets, alleys, and other public ways and places, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the said streets, alleys or other public ways and places. Such location-shall be subject to ap- proval of the Village Engineer. The Company shall Pram time ,to time provide the Village with a map which places and locates all of its lines and other dis- tribution systems. (2) Restoration. In case of any disturbance of pavement, sidewalk, driveway, or of erTT surfa'cing~ the Compazgr, sha]J. at its own cost and expense and in a manner approved by the Village Engineer, replace. and restore all pav- ing, sidewalk, driveway or surface of any street or alley disturbed, in as good condition as before said work was commenced, and shall maintain the re- storation in an approved condition for a period of three (3) years, (3) Relocation. In event that at any time during the period of this Franchise, the Village sha11]awfully elect to alter, or change grade of, any street, a]1ey or other public way, or install or alter any sewer, water, or other municipal utility, the Compeny, upon reasonable notice by the Village, shall remove, relay and relocate its poles, wires, cables, underground con- duits, manholes or other equipment at its own expense. The Council shall have the power to require such alterations, relocation or re-routing of poles, masts, wires, fixtures, cables, underground. conduits, manholes or other equip- ment, as the Council may at any time deem necessary for the safety, health or convenience of the public, and the Council shall have the power to require the removal of poles, masts, and other fixtures bearing wires and the placing un- derground of all wires for whatsoever purpose used. {4) Placement of Fixtures. The Company shall not place poles or other fixtures where the same will interfere with any gas, electric or tele- phone fixture, water hydrant or main, and all such poles or other fixtures placed in ax~y street shall be placed at the outer edge of the sidewalk and in- side the curb line, and those placed in alleys shall be placed close to the lines of the lot abutting on said alley, and then in such a manner as not to interfere with the usual travel on said streets, alleys and public ways. (5) Temporary Removal of Wire for Building A4ovixtg. The Company shall, on the request of any person holding a b ding moving permit issued by the Village, temporarily raise or lower-its wires to permit the .moving of buildings. The expense of such temporary removal, raising or loirering oP wires shall be paid by the person requesting the same, and the Compapyr shall. have the authority to require such payment in advance.. The Company shall be given not less-than forty-eight hours'. advance notice to arrange for such tem- porary wire changes. (6) Tree Tri.vm9ing. The Company shall have. the authority to trim trees upon .and overhanging streetsfalleys, sidewalks and public places of the Village so as to prevent the branches of such trees fr~n Gaming in contact with the wires and cables of the Company, all trimming to be done under the supervision and direction of the Village and at the expense of the Company. Section 7. Rates and Rate Practice. The Company shall not, as to rates,. charges, service facilities, rules, regulations, or in any other respect, make or grant any preference or advantage to any person, nor subject any person to .any pre,~udice or disadvantage, provided that nothing in this Franchise shall be deemed to prohibit the establishment of a graduated scale of charges and class- iiled rate schedules to which any customer coming within such classification would be entitled. Rate schedules shall be filed by the Company with the Village. No rate schedule shall be effective unless approved by the Village. The Company shall in no case claim or pretend to exercise any power to fix rates and charges; .but that. such rates and. charges sha]1 at all times be ,just, fair and reasonable for the services provided. Section 8. Approval of Transfer. The Company shall not sell or transfer its plant or system to another, nor transfer any rights under this Franchise to another without Council-approval. Provided, that no sale or transfer shall be effective until the vendee, assignee or lessee has filed in the office of the Village Clerk an instruments duly executed, reciting. the fact of such sale, assignment or lease, accepting the terms of the Franchise and agreeing to per- form all the conditions thereof. The vendee, assignee or lessee shall also file a bond in such amount, and with such conditions as the Council may require, which bond shall run to the Village as obligee, with sureties satisfactory to the Council and shall obligate the vendee, assignee or lessee to discharge ell obligations and liabilities imposed by the Franchise. Section 9. Procedure, after Termination or Revocation. Upon the revoc- ation of this Franchise by the Council, or at the end of the term of this Fran- chise the :Village shall have the right to determine whether the Company shall continue to operate and maintain its distribution system pending the decision of the Village as to the future maintenance and operation of such system. Section 10. ether Utilities.. It is expected .that the Company will use the poles and pole lines or conduit of other utilities insofar as possible to avoid any duplication of existing facilities. In the event it becomes necessary for. the Company to erect additional poles or lines, the Company shall submit p],ans in duplicate to the Village Engineer for his approval in writing, prior to the erection thereof. wr t Section 11. Sale or Service of Television Receivers. The Company may not engage in the sale or service of privately owned television receivers nor require of any subscriber the patronage of any person engaged 3n such sale or service business. This shall not apply to the repair or adjustment of equipment which is part of the system of the Company. Section 12. Term of Franchise. The Franchise and rights herein grant- ed shall take effect and be in force from and after the final passage hereof, as required by law, and upon filing of acceptance by the Company with. the Village Clerk, and shall continue in force and effect for a term of tap, ( 10 )years after the effective date of this franchise. This Franchise is also to be construed as non exclusive. (1) Acce fence. Acceptance of this Franchise shall be in writing by the Company th n 3 .days after its passage by the Council. The Franchise shall not be binding upon the Village until its acceptance by the Company. Such acceptance shall be construed to be an acceptance of, and consent to, all the terms, conditions, and limitations contained in this ordinance grant- ing the Franchise as well as the provisions of the City Charter applicable thereto.. Section 13. .Liabilities and Indemnification. (1) The grantee shall pay axxl by its accpetance of this .Franchise the grantee specifically ~3rees that. it will pay all damages and penalties which the Village ~y legally be required to pay as a result of granting this Franchise. .These damages or penalties shall include, but shall not be limited to, damages arising out of copyright infringements, violations oP FCC rules and regulations, royalty claims, patent infringements, and all other damages arising out of the installation, operation or maintenance of the CATV system authorized herein, whether or not ashy act or omission complained of is authorized, allowed or pro- hibited by this Franchise. (2} Thee,-grantee shall pay and by its acceptance of .this Franchise specifically agrees that it will pay all expenses incurred by the Village in defending itself with regard to all damages and penalties mentioned in sub- . section (1) above. These expenses sha31 include all out-of-pocket expenses, such as attorney fees, and shall also include the reasonable value of any ser- vices rendered by the Village Attorney or his assistants or any employees of .the Village. (3) The grantee shall maintain and by its acceptance of this Franchise specifically agrees that it will maintain throughout the terms of this Franchise, liability insurance insuring the Vlllage and the grantee with regard to all dam- ages mentioned in sub-paragraph (1) and Section A above in the minimum amounts. of: (8) $ 500,000 for bodily injury or death to any one person, within the limit, however, of $ 1,000,000. ;for bodily injury or death re- s~lting from any one accident. (b) $ 75,000 for property damage resulting from any one accident, aggregate of $150,000. (c) $ 300,000 for the infringement of copy- rights. Section 14. Removal of System. Upon termination or forfeiture of this Franc x.se, t e .grantee shall, within ,a reasonable time, remove its cables, wires, and appliances from the streets, alleys and other public places within the Village. In the event of the failure of the grantee to remove its cables, wires, and appliances as above required, the Village shall have the right to make a written demand on the grantee for such performance, and of such equipment within 30 days from the date of such demand and to proceed with such removal expeditiously, the Village shall have the right to remove the same and retain it as the Village's property without accounting therefore to the Grantee. Nothing in this section sha13 be construed as prohibiting or in: any way limiting any separate contractural provisions with respect to removal of cables, wires and appliances now or hereafter entered into by grantee in separate pole rental agreements. Section 15, Performance. Company agrees to commence construction and installation nod system within 180 days of the date hereof. Failure of Company to commence construction and installation within the above time period shall result in a far- feiture of this franahiee. Section 16, Public Channels: Company shall dedicate and provide twenty (20) per cent 'o a channels for public ser- vice to be used for local educational and municipal services at no cost to the Village. section 17, Educational and Municipal Services. Com- pany shall propide cs~,ble reps .or a municipa an sc ool bull- -dings and inter-connections `for as many units within the Building'' as might be used at no expense to the school system or the Village, Section 19, TeChnical'Chanaes Company agrees to maintain its-equipment an operations at a high standard-accor- ding to practices existing in the industry and to value such changes or alterations as may be required by any regulatory agency or governmental body. Company agrees to adopt such changes in technology as may be adopted within the cable television in- dustry within a reasonable time period. Section 19, Extensive Channel Use. Company agrees that when channels are use y pr vats en erprises to sell and .advertise products or services other than normal spot advertising, or for any exclusive. private or corporate use other .than. the transmission of toll free programs to public subscribers, the par- ties will negotiate toward the end that a portion of the revenues derived therefrom shall be devoted to the development of municipal and educational uses of cable television. Section 20.- Bond Acceptance Fee. Company shall, pay to the Village an acceptance ee in t e amount of. Five Hundred ($500.00) Dollars. This fee shall be used by the Village to cover its administrative expenses in creating and supervising this franchise. Section 2l Franchise Fee. The company shall not be ob- ligated to pay the Vi age a franchise fee for a period of five (5) years from the date hereof. However, upon the expiration of five (5) years, the franchisee agrees to negotiate a franchise fee based upon the annual gross operating receipts. .Section 22. Performance Sond, within ten {10) days after the effective date of this ordinance, the franchisee agrees to deposit with the Village and to maintain on deposit for the term of this franchise the sum of Ten Thousand ($10,000.00) Dollars in cash or a surety bond approved by the Village for the faith- ful performance of all the terms of this franchise, Section 23, Escrow fund. Franchisee shall deposit an amount in a specie acc~'~ ount'ith the Village equal to one month's gross receipts as security f.or the users of its system, said sum to be forfeited to the village in trust for the users in the event franchisee defaults where fees have been paid to the franchisee, and the franchisee is unable to .perform. Section 24, Publication Costs. The Company shall assume the cost of publication o t is Franchise as such publication is required by law. Section 25. Penalties. Any violation by the Company, its vendee, lessee, or successor of the provisions of this Franchise or any material portions thereof, or the failure promptly to perform any of the provisions thereof, shall be cause for the. forfeiture of this Franchise and all rights hereunder to the Village after written notice to the Company and continuation of such violation, failure or default.. Forfeiture under this section shall be by resolution of the Council, Section ?6. Review of Franchise. If the Cable TV trans- mission provided un er t is Franc ise interferes with the re- gular reception of individual TV systems not connected to the cahl._ system of Metro Cable Company, Inc. and if this interference is not eliminated by Metro Cable Company, Inc., within a reasonable length of. time, such failure to eliminate £he interference may constitute a violation of, the terms of this Franchise, and the Company shall be subject to the provisions of Section 16 herein above. Section 27 Separability. Should any section or part of this ordinance,~for any reason, be declared void or invalid, the remainder of such ordinance shall not be affected thereby, Read and passed: -~~~e.~~ 1971. Mayor Filed and attested: ` C e~- Television Franchise Ordinance No. 51 AN ORDINANCE GRANTING TOELEC- TRONIC .CONSULTANTS INC., A MINNE- SOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NON EXCLUSIVE FRAN- CHISE TO CONSTRUCT OPERATE AND ss. duly sworn, on oath says he is and during all times 'publisher and printer of the newspaper known as THE full knowledge of the facts herein stated as follows: ed in the English language in newspaper format and (3) Relocation. Irequivalent in printed space to at least 900 square time during the period is a weekly and is distributed at least once each the Village shall lawfthas 50% of its news columns devoted to news of local or change grade of, arwhich is purports to serve and does not wholly dupli- or other public way, and is not made up entirely of patents, plate matter any sewer, water, or cid newspaper is circulated in and near the munici- utility, the Company,;' serve, has at least 240 copies regulary delivered notice by the Village,; an average of at least 75% of its total circulation relay and relocate its than three months in arrears and has entry as second underground conduits, post -office. (5) Said newspaper purports to serve equipment at its own the County of Dakota and it has its known office Council shall have th4ceville in said county, established and open during such alterations relocbr the gathering of news, sale of advertisements and MAINTAINA TELEVISION SIGNAL SER- of poles, masts, wireiaintained by the publisher or persons in his employ VICE AND DISTRIBUTION SYSTEM WITH- _-underground conduits, a and control during all such regular business hours IN THE VILLAGE OF LAKEVILLE, MINNE- equipment, as the Coffer is printed. (6) Said newspaper files a copy of —~SOTA, AND SPECIFYING THE TERMS time deem necessary ith the State Historical Society. (7) Said news - or convenience of the; 1 the foregoing conditions for at least two years Council shall have the of publication mentioned below. (8) Said news - the removal of poles, ecretary of State of Minnesota prior to January 1, fixtures bearing wires hereafter an affidavit in the form prescribed by underground of all wisigned by publisher of said newspaper and sworn purpose used. 'tating that the newspaper is a legal newspaper. May 20, 1965 qualified as a medium of official (4) Placement of 1 as continually thereafter met the foregoing Company shall not ala 6Q 2,1M,G2L,YA V - &;'t fixtures where the Sad that the printed any gas, electric or tehed as a part hereof was cut from the columns of water hydrant or mair 'inted and published therein in the English lan- or other fixtures piaceor iatee(i) succes 've weeks; that it was ' in the singular number include the plural be placed at the outer' the J day o t p AND CONDITIONS THEREOF THE VILLAGE OF LAKEVILLE, MINNE- SOTA, DOES ORDAIN AS FOLLOWS: Section 1. Definitions. For the pur- pose of this Ordinance, the following terms, phrases, word; and their derivations shall have the meaning given herein. _When not inconsistent with the context, words used in the present tense include the. future, words in the plural number include the singular number, and words f % 19 number. The word "shall" is always and and inside the cu published on every Wednesday to and mandatory and not merely directory. placed in alleys shall bf , 19 and that the lines of the lot abbopy of the lower case alphabet from A to Z, (1) "Village" is the Village of Lake- and then in such a ma' acknowledged as being the size and kind wine, Minnesota, as its boundaries now fere with the usual tra�ltion and publication of said notice, to -wit: exist and as they may hereafter be changed. alleys and public wayijklmnopgrstuvwxyz (2) "Company" is Electronic Con- sultants, Inc. , the grantee of rights under this franchise, and its successors and assigns. (3) "Council" is the Village Council of the Village of Lakeville, Minnesota. (4) "Person" is any person,' firm, partnership, association, corporation, company or organization of any kind. Section 2. Grant of Authority. There is hereby granted by the Village to the Company the right and privelege to con- struct, erect, operate and maintain, in, upon, along, across, above, over and under the streets, alleys,public ways and public places now laid out or dedicated, and all extensions thereof, and additions _. thereto, in the Village, poles, wires, cables, underground conduits, manholes and other television conductors and fix- tures necessary for the maintenance and _-.operation in the Village of a community television system for the interception, sale and distribution of television signals, and for the purpose of transmitting VHF and FM signals and television pictures and sound originating on its own premises.„,_ Section 3. Compliance with Appli- cable Laws, Cidinances and Village __-Charter. The Company shall, at all times during the life of this Franchise be subject to all lawful exercise of the police power by the Village, and to such reasonable regulations as the Village shall _ hereafter by ordinance provide. The (5) Temporary Re: for Building Moving. 'I on the request of any F building moving perms! Village, temporarily its wires to permit the The expense of such teefore me raising or lowering of by the person requestir Company shall be give forty-eight hours' adv arrange for such tempt (6) Tree Trimmii shall have the authorit and overhanging street and public places of ti prevent the branches e coming in contact wit cables of the Compan' be done under the sup( of the Village and at 1 Company. Section 7. Rates a: The Company shall nc charges, service facili tions, or in any other grant any preference c person, not subject an prejudice or disadvant nothing in this Francl to prohibit the establ'. ated scale of charges schedules to which at with in such classific entitled. Rate schedules sha "/ this ,- day of AF 19 b2/ NoIb1co4i.Au ty, Minn. My corn8 Bites akR :ua. ppa: