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96-8406r RESOLUTION NO... 8406 RESOLUTION. APPROVING SUMMARy PUBUCATION OF AN AMENDMENT TO TIlE RICHFIELD CJ.n".CODE BV..ADDING SECTION 726' , -. ",' " ';""""-',,'.--...;, .'-"- ....' .-'., WHEREAS,theCltytW"adopted the abOve-referenced amendment to the Richfield City Code; and ~;J:J:;ft~tttfr<,-.~t<l;t(:. .,.tf}:};~f;",~~:.'}~,:'c';?tl:;:,. '-~). .:.,~::: ~, . the verbatim text of th~ amendment ~~Jengthy., and the, expense of pu~~catiop: of' the, complel;etext)s not justifi~. NOW 'IHEREFORE, BE IT RESOLVED by the City' Council of the City of Richfield ~"~t1i<:;cJ;.( rr::, that the following suinmary is hereby, approved for official publication:'::" SUMMARy PUBUCATION Bn.L NO. 1996:-26 AN ORDINANCE AMENDING lHE RICHFIELD CITY COPE BY ADDING SECTION 726; REGULATING lHEGRANTING OF. FRANCHISES TO OPERATE AND MAINTAIN A CABLE SYSTEM IN lHE CITY; SETI1NG FOR1H CONDmONS ACCOMPANYING lHE GRANT OF FRANCHISE; PROVIDING FOR REGULATION AND USE OF, nm SYSTEM; AND PRESCRIBING PENALTIES FOR lHE VIOLATION OF ITS PROVISIONS. (SUMMARY PUBUCATION) The above referenced actions have been taken pursuant to the authority of Minnesota Statutes, section 462.357. This summary of the amendment is published pursuant to section 3.12 of the Richfield City Charter. The Cable Television Regulatory Ordinance ("Regulatory Ordinance") provides the" franchising process and requirements for all cable operators within the City of Richfield. It defines the tenns used within the documents. It also outlines the authority that the City of Richfield has to grant cable franchises. The Regulatory Ordinance provides an application process for new applicants and a renewal process for current applicants. The Regulatory,,()rdinance specifies that no franchise Resolution No. 8406 -2- can be granted for a period of.. time longer than 15 years. It also describes the franchise territory . Within the Regulatory Ordinance, franchise administration procedures are outlined. The Regulatory Ordinance specifies that the City Manager. or the City Manager's designee is responsible for cable administration. Under the Regulatory Ordinance, the City is authorized to delegate its rights regarding administration of the Regulatory Ordinance. During emergencies or disasters, the City is authorized to use the Grantee's emergency alert system. The Regulatory Ordinance provides construction requirements that outline the responsibilities of a Grantee during the construction of a cable system and specifies. the process for the movement of or removal of the Grantee's equipment at the request of the City or another person. Additional construction issues addressed by the Regulatory Ordinance include interconnection with adjacent systems, abandonment of the cable system and removal of the cable system. The Regulatory Ordinance incorporates. the. Federal Communications Commission's technical standards by reference. To address customer service issues, the Regulatory Ordinance incorporates the Federal Communications Commission's customer service standards and includes additional customer service standards regarding outages, subscriber complaints, subscriber practices, local offices, subscriber charges, rate regulation and the rights of individuals. It also requires each Grantee to maintain a local office. The Regulatory Ordinance requires each Grantee to provide public, educational and governmental access programming and facilities consistent with state and federal law. Provisions within the Regulatory Ordinance allow the City to review Grantee's records and books. The Regulatory Ordinance also specifies the documents and records that each Grantee must provide annually including an Annual Performance Review. The Regulatory Ordinance provisions state that the City has the right to review transfers of ownership and to match a bona fide purchase offer for an asset sale of the system. Additional provisions govern the City's right to purchase the cable system upon forfeiture, revocation or expiration. To minimize litigation, the Regulatory Ordinance contains mediation procedures. The Regulatory Ordinance also affirms the City's right to assess a franchise fee. To protect the City, the Regulatory Ordinance includes provisions detailing the Grantee's liability for damages and penalties, the Grantee's responsibility for indemnifying the City, requirements for security funds, and insurance requirements. The Regulatory Ordinance contains extensive default provisions including requirements for the continuation of cable services if a franchise is terminated or if it is not renewed, and foreclosure and receivership procedures. Additional provisions in the Regulatory Ordinance include a Force Majeure provision allowing exceptions for events beyond the Grantee's control, a severability procedure and an effective date provision. .; The amendment will be effective January 1, 1997, except thatthe amendment will be null and void if the City's existing cable franchisee does not execute a Franchise Agreement Ordinance by December 25, 1996. Copies of the amendment are available for public inspection in the office of the city clerk during normal business houts. Dated: 11/25/96 BY ORDER OF 1HE Cl'IT COUNCll. Thomas P. Ferber, City Clerk ... Passed by the City Council of the City of Richfield, Minnesota this ...25:th. day of November 1996. ~L~L't /"iA . ., ......... · _,~ Martin J.. yor ATTEST: ~ P~-1 Thomas P. Ferber, City Clerk ..