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1983-20ORDINANCE NO. 1983-20 AN ORDINANCE AMENDING ORDINANCE NO. 1980-33 SETTING FORTH A DESCRIPTION OF THE FACILITIES TO BE PROVIDED BY GRANTEE; MODIFYING THE INITIAL SERVICE AREA; AMENDING THE LINE EXTENSION POLICY OF GRANTEE; PRESCRIBING INSTALLATIONS CHARGES AS SET FORTH HEREIN; AND AMENDING THE EXHIBITS. THE CITY COUNCIL OF THE CITY OF RICHFIELD, MINNESOTA ORDAINS: SECTION 1. That Article I, Section 2, of Ordinance No. be amended to read as follows: V. "Public Building" is any building owned or operated by the United States government or any subdivision thereof, or the state of Minnesota or any subdivision thereof, or the City or any other governmental subdivision, or school district or educational institutions. SECTION 2. That Article III, Section 4, of said Ordinance be amended to read as follows: SECTION 4. FACILITIES. The Grantee shall maintain and continue to provide all facilities and equipment set forth in the Offering or as otherwise provided in Article V, Section 2 and Exhibits A and B hereto, including, but not limited, to, the headend, hubs, distribution system, studios, equipment and other facilities. Grantee's plan, as set forth in the Offering, for implementing the construction, utilization and maintenance of these facili- -1- ties, including its plans for accommodating future growth and changing needs and desires, shall be fully and timely performed. SECTION 3. That Article III, Section 7 of said Ordinance be amended to read as follows: SECTION 7. SERVICE TO PUBLIC BUILDINGS AND EDUCATIONAL INSTITUTIONS ~~r~e- ~~e ;-a-~-a--~t~=-~~~-~-t~s-~--ib a ~a~d-i-~sz~- ~ ' -r } t~--~~1 ~-7-ge lie a d~ -e-t e,-~- ~~~-i-~~ ~a ~-1--- a-~--~~~-~z i ~ e-d~ge ~ tm e-e t~ e eh ~ e~a.a-tom ~a 1 ~ $ i ~ t ~ i ~ eQl~-,- ~ , T ss n na ~n r 'cs a-r rs-i. ?~~3-a 1 ~ i n ~ s ~ -ens -e - ~'i- ^ ~'~'3~9~-~' -® ~ '~ ~ ~ ~--~~ d-~l ~ ~ a ~ ~--g~~ie e~i= a~-t~s e-b 1- --~ra ~ a x-z-A~ ~~3 e --e '- -e~ ~t e - F ~ 1 l 1 -cy ~ se•3 S e a ~ ~ ~ T e a- e ~ ie g~~e ~ ~ ~*t a ~-t ~ ~~7--e~--e;~ ~~~~~~s-ed-by--9-~1-~e e~--d-i-s~~e~ s-e ~--ed ~re;~e~-~ ~s-t~t~r~~e~e ; n ~^ i t 1,r , ~ ~--~~--s ewe t~~-i-~~~e-A~~~~~g . ~T~ ed ram r r Grantee shall initially provide subscriber and institutional networle service, upon request, to public buildings which ma reasonably utilize such service in the Initial Service Area or within an extended area pursuant to Part II. A. of Exhibit B to said Ordinance, as hereby amended. Service to public buildings outside the Initial Service Area or an extended area shall be provided pursuant to Article V, Section 2, paragraph D of said Ordinance. SECTION 4. That Article V, Section 2, of said Ordinance be -2- amended to read as follows: ...... _ _ _ - _ ,,,, j. 1 -S e~ - ~ e- tr t ~#a ~ - ~-1- ~ d t~ ~ ' e~t ~ q e om s -~e ~:~ ~e-e - re_-e ~ ~e~ ,~ ~ ~ , L ~ ., y ' ' ~ '~~ ~ ' " C TZ ~ rJ C~~ S~T T e ~. ~~ ~~"TS~ ~ e~~d~- --thy-e~~-fie- a-~~ e - e-^G':1TS°22flT GZTC SG'T+_"_~~ ~. bb ~ L° ~. ~ g e ~e ~,,~ a _ -~~e~ ~- ~e s-i-d- ~~-a- s s ~~~e e e e g e g~ ~ ~t - ~- ' . t e ~s e ~eqt~ . j~~.~~ e-p~~?ed-s-e~~o~e~~e~ a~-e e~~a ~-e e-a~a q~tst e- r _ _, ~-a~~e e-.~~ e-q~-re~~--e~~ee t--e:~ e~--the -ees ~-e ~a~ee-,-e~a~~e~~~ed-e-t~--a-t~:-~e aid-~~-e-era-3.-b~T s-,-Q 9 ~~i-~-e-e=ar-d--~Le e ~ SECTION 2. MODIFICATION OF INITIAL SERVICE AREA; EXPANSION ~ SERVICE AREA; AND LINE EXTENSION POLICY. A. Service will be provided to dwelling and nonresi- dential units of the City in areas with an average density less than forty (40) dwelling units per street mile or-cable mile whichever, as determined by City, provides the greater benefit to the subscribers, (the "extended area'°), and not within the Initial Service Area, upon payment of a construc- -3- tion charge based upon the cost contribution formula below. defin Dwelling and nonresidential units in areas with an average density of at least forty (40) dwelling units er street mile or cable mile whichever, as determined by City, provides the greater benefit to the subscribers, and those within the Initial Service Area, will not be required to make a cost contribution pursuant to the cost contribution formula below in order to receive service; but the installa~ tion eharges set out in Part I. A. of Exhibit B to said Ordinance, as hereby amended, shall ap ly to such dwelling and nonresidential units. The monthly charge for cable service in the extended area shall be the same as elsewhere in the system. B. The cost contribution for construction char es to be allocated to each dwelling and nonresidential unit in the extended area whose occu ants cetition pursuant to Section 2 C.1 hereof will be determined as follows: 1. Grantee shall estimate the total cost of constructing and maintaining for three (3) years from the date service is available, the line extension to be constructed in the extended.areas. Total construction cost is defined as including lant make ready and all labor and material eosts necessary to construct and activate that part of the system commencing at the . 0 0 4 ~:--, nearest point of existing lant and running to and within the extended area. 2. The standard cost er dwelling and nonresi- dential unit in the extended area shall be determined by dividing the total from (1) above by 40, being the standard minimum dwelling unit densit . 3. Grantee°s contribution to the cost of the 1 line extension shall be determined by dividing the total number of dwelling units in the extended area, as desi nated by the Cit Council ursuant to Section 2.C.2 below, by the number of cable miles or street miles in the extended area whichever, as determined by City, produces the greater benefit to the subscribers, ,and multiplying the resulting number by the standard cost per dwelling unit. 4. The difference between the total costs at (1) above and the Grantee's contribution at (3) above is the total contribution of the dwelling and nonresiden- tial units in the extended area. 5. The construction charge to be paid by each ~, subscriber shall be determined by dividing the total contribution of the dwelling and nonresidential units from (4) above by the number of dwellin and nonresi- dential units whose occupants joined in the etition pursuant to Section 2.C.1 hereof. -5- C. Extended areas shall be established and service under the line extension policy shall be provided in accord- ance with the following procedure. 1. Occupants of dwelling and nonresidential units in an area with an average density of less than forty (40) dwelling units per street mile or cable mile as determined above, who desire service shall etition the Council for designation as an extended area. The petition shall include a map showing the dwelling and nonresidential units proposed to be included in the designated extended area. 2. The Council shall by resolution designate the dwelling and nonresidential units to be included in the extended area. 3. Upon designation of an extended area, Grantee shall prepare a map indicating the trunk cable line that will be constructed to serve the extended area and shall estimate the eombined total construction cost and three (3) year maintenance cost for service to the extended area (Section 2.B.1), the Grantee's contribu- tion {Section 2.B.3}, and the total contribution of the dwelling and nonresidential units (Section 2.B.4). 4. Grantee will estimate the construction charge to each dwelling and nonresidential unit according to the formula in Section 2.B.5, above. Grantee will 1 -6- notify Council and occupants in the extended area of the construction charge estimate by U.S. mail. 5. Occupants within the extended area who wish to become subscribers will have thirty (30) days after mailing of such notice to commit to service, by execu- ting and submitting a commitment form to Grantee. The commitment form shall be submitted to and approved in writing by the City prior to its use by Grantee. 6. Occupants within the same thirty (30} dad period shall deposit the amount of the construction charge estimate into an escrow account to be main- tained by the City. If the number of occupants who deposit the construction charge estimate within such thirty (30) day period is less than the number who join • in the petition (and the aggregate deposit made by such occupants is less than the total contribution of dwelling and nonresidential units required by Section 2.C.7.), Grantee shall, within ten (10) days after the end of the thirty {30) day period, notify in writing by LT. S. mail such depositing occupants of the deficiency in the escrow account, and such occupants may make addi- tional deposits within ten (10) days of mailing of such not1 L'ee 7. If the total contribution of dwellin and nonresidential units as determined by Section 2.B.4. is -7- deposited within the time periods specified in C.6 above, Grantee shall construct the line extension. Construction shall be completed and service made available to the extended area within twelve (l2) months from the end of the subscriber de osit period subject to extension of said twelve (12) month period pursuant to Article V, Section 3, paragraph C of said ordinance as amended. 8. Upon completion of the line extension construction and activation of service to the extended area, Grantee shall submit to the City a detailed state° meat setting forth all actual construction expenses, including labor, and an estimate of maintenance expense,,,,. with such supporting documentation and information as the City may request, Said statement shall be cer- tified by an officer of Grantee. Upon recei t, review and approval by the City, the City shall ay to Grantee the actual cost of construction and rojected maintenance expense, as approved by City, from the escrow account. Any excess funds in the escrow account shall be divided among and returned to the subscribers in proportion to the amounts contributed by them. In no event shall the money paid to Grantee exceed the escrow amount. 9. Any occupant in an extended area who did not _g_ participate by initial subscriber contribution under paragraphs (5) and (6) above and who wishes to hook up to the line extension within the first three (3} years after service is commenced in the extended area must deposit into an escrow account to be maintained by the City the amount of the construction charge estimate under paragraph 6 above and adjusted in accordance with paragraph 8 above. All such new contributions shall be held in escrow until the end of the third year after service is commenced in the extended area, at which time all funds in escrow shall be divided equally and returned to the then current subscribers. At the end of the three (3) years following the commencement of service to the extended area, all sub- sequent subscribers in the extended area shall be charged the same installation charge as other subscribers who are in areas with an average density of at least forty (4d) dwelling units per street mile or cable mile. D. Nonresidential units and public buildings in an area not within the Initial Service Area or an extended area shall be provided service upon acceptance of a quote from Grantee. The quote shall not exceed the cost to Grantee, calculated on a time and material basis, of extend- ing the cable and necessary cable equipment to service said -9- user. E. Grantee shall indemnify and hold the City and its respective elected officials, officers, agents, employees and representatives, harmless from and indemnified against and and all loss, costs, damage and expense, including, without limitation, attorneys' fees, now or hereafter incurred by it, and arising out of or due to, or claimed to arise out of or be due to, this Ordinance, the adoption thereof or the process followed by City in adopting this Ordinance. SECTION 5. That Paragraph C{1), Article VI, Section 4 of said Ordinance be amended to read as follows: (1) Rates and charges charged by Grantee for monthly service and '--L-" -1'A- --~ other charges hereunder shall be uniform, fair and reasonable and designed to meet all --f necessary cflsts of service, including a fair rate of return on the original cost, less depreciation, of the properties devoted to such service (without regard to any subsequent sale or transfer price or cost of such properties). Construction cost contributions shall be made ursuant to Article V, Section 2 and Exhibits A and B hereto. SECTION 5. That Article XIV, Section 2, paragraph H, of said Ordinance be amended to read as follows: .H. Each exhibit is a part of this Franchise and each is specifically incorporated herein by reference. The exhi- bits are as follows: ~10- Amended Exhibit A - The heading of Exhibit A is amend to read as follows: Map of Construction by Area, Including Time Schedule and Initial Service Area. Amended Exhibit B - Rate Schedule (see Section (7) of this amending Ordinance for the amendment to Exhibit B) SECTION 7. That Exhibit B of said Ordinance be amended by deleting Article I, Section A, paragraph 5. SECTION 8. That-notwithstanding any other provision of this Ordinance, if less than all of the other of the Cities of Eden Prairie, Edina, Hopkins, Minnetonka and Richfield offer a similar franchise Ordinance amendment to Grantee, which is accepted by Grantee, Grantee or City may cancel this franchise Ordinance amendment and all of their obligations hereunder by written notice given to the other not later than thirty (30) days after all the other of said Cities shall have formally acted upon their respective similar franchise Ordinance amendments; provided, that if Grantee elects to cancel this franchise Ordinance amendment pursuant hereto, it must also cancel all other franchise Ordinance amendments granted to it by the other of said Cities effective simultaneously herewith. SECTION 9. Grantee shall have thirty (30) days from the Last date of adoption of a similar franchise Ordinance amendment by all of the Cities listed in Section 8 of this Ordinance, to -11- accept this franchise Ordinance amendment in form and substance acceptable to City. However, in no e ent will acceptance occur later than ninety (90) days after the adoption of this franchise Ordinance amendment unless the time for acceptance is extended by City. Such acceptance by Grantee shall be deemed the grant of this franchise Ordinance amendment for all purposes. SECTION 10. With its acceptance, Grantee also shall deliver to City an opinion from its legal counsel, acceptable to City, stating that this franchise Ordinance amendment has been duly accepted by Grantee,, that this franchise Ordinance amendment is enforceable against Grantee and the guarantors of the franchise granted by the said Ordinance, in accordance with its terms, and which opinion shall otherwise be in form and substance acceptabl to City. SECTION 11. That this Ordinance shall be in full force and effect upon adoption and publication and acceptance in writing by Grantee. Passed and adopted this 25th day of 3uly 1983. CITY O?F RICHF,~'ELD, MINNESOTA B A Publish August 3, 1983 L.._-- .'Mayor ~~ ~, ~ _ ~ nd C° y Clerk -12- (Official Publication) ORDINANCE N0. 1983-20 AN ORDINANCE AMENDING ORDINANCE NO. 1980-33 SETTING FORTH A DESCRIPTION OF THE FACILITIES TO BE PROVIDED BY TEE GRAN ; MODIFYING THE INITIAL SERVICE AREA; AMENDING THE LINE EXTENSION POLICY OF GRANTEE; PRESCRIBING iNSTALLA03tO NS CHARGES AS SET FORTH HEREIN; and AMENDING S~N 1 ~ yy ~ THE CLTY,.C UNCIL OF THEECITY OF RICHFIELD, MINNESOTA ORDAINST%^,rs~f<:~ . SECTIO'N;3i"Tt~t Article I, Section 2, of Ordinance No. 1980-33 be amendec NEN~ S PAPE RS to read asfgllews,* V. "PubjlC~$uilding" is any building owned or operated by th8 United 84j<les government or any subdivision thereof, or the state of Minnesota or any subdivision thereof, or the City or any other governmEntal subdivision, or school district or educational institu- AFFIDAVIT OF PUBLICATION SECTION'2. That Article III, Section 4, of said Ordinance be amended to read as follows: SECTION 9. FACILITIES. The Grantee shall crortstruct, maintain and continue to provide all facilities and equipment set forth in the Offering or as otherwise provided in Article V, R~~~~~E~~ S')rT~ ~{ : UU Section 2 and Exhibits A and B hereto, including, but not limited, to, the headend, hubs, distribution system, studios, equipment and other facilities. '/ - Grantee's plan. as set forth in the Offering, for implementing the construc- lion, utilization and maintenance of these facilities, including its Plans for accommodating. future growth and changing needs and desires, shall be fully and timely performed. SECTION 3. That Article III, Section 7 of said Ordinance be amended to 8940 Lyndale Avenue South Bloomington, Minnesota read as follows: SERVICE TO PUBLIC BUILDINGS AND EDUCATIONAL O INSTITUTI ONS 6ratrtt:e-shafFpreoide, aFa twinimnm, eafrseriberattd-institvNortal-aeMOrk servi ieaal bti t d'b *Idi i CN Bi ce pa e yowne u ngs, U y( tyTfaihpeNee~deperttttefK, fire depertmetttrecheob; librarhesrNeel•; aaFeducattottalinstMletienstnCiy~ State of Minnesota ' ~ ~~ ~ ~~~a`~`f:aet~;~~~t'allr°~„~a °t`l~°'ea f°' gm~e~amewltin-t?ky-er awned County of Hennepin erleased•byscheel8istnietsaTCdveMimralirmtiietions~FnE+ty.Tellas~ebulin race OrreringrNeea~nr eiehetrotbe6h o4ateh-neMrorMS~er+iceras sofe+red~toan We Otteriag shaNbe-detertined itrthrso}edtscretian eFQity. Grantee shall initially provide subscriber and institutional network service, upon request, to public buildings which may reasonably utilize such service in the Initial Service Area or within an extended area pursuant to Part II.A. of Exhibit B to said Ordinance, as hereby amended. Service to public buildings outside the Initial Service Area or an extended area shall be provided on oath says he is and during all times here stated has been the being duly sworn D. K. MORTENSON Pursuant to Article V, section 2, paragraph D of said Ordinance. , , vice resident and eneral mans er of the news a er know as The Richfield Sun and has full knowled e P g g P P g SECTION 4. That Article V, Section z, of said Ordinance be amended to 'read as~ows: of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper Seotiua~. i:ltte•Fnetensien~QllCy format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said ~*'atT1ee'`g extension be eerrice to-these ~t•eas net tnclnded-itrtha iwitial news a er is a weekl and is distributed at least once ever week. (3) Said news a er has 50% of its P P Y Y P P ' serwce.at'easfiall be~dotts•puasuanttotate Eeliowingrequirett3entc: A. Residendes leeated~vetside thrittttiafi~sersicr-area ~rill^bepro+tided news columns devoted to news of local interest to the community which it purports to serve and does not eerviee upon-ecoept~wcaot a'quoecfranr-Orentee~ The groterhal~.not,excec~tl wholly duplicate any other publication and is not made up entirely of patents, plate matter and ~'oosl-fo 6raAtee,.caieuleteam e•eimc+~end-tnaleria~bas+c, ac.exteuding~!!te advertisement. (4) Said newspaper is' circulated in and near the municipalities which it purports to ceble.atr4neee~wtrylable equipment•to service Mite residence. larA,y.no~sesibentie~•ns«.regtfestttrg set•viccwilNbe ptevideil service ttpet~ serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% eeceptanee bl`if geete4rom~ranter. TltPquete sirallwotexceed NLeeosM.to of its total circulation currently paid or no more than three months in arrears and has entry as second- G•rsntee, eeicuinted•en a•eimaend etaterial basis!ttFextendMnglheeeble sad weceasaty-edbtregaipme~tt te•setwiee seid~-ser. class matter in its local post-office (5) Said newspaper purports to serve the City of Richfield in the SECTION 2. ',MODIFICATION OF INITIAL SERVICE AREA; EX- County of Hennepin, and it has its known office of issue in the City of Bloomington in said county, PANSION OF S~;RVICE AREA; ANl) LINE EXTENSION POLICY. established and open during its regular business hours for the gathering of news, sale of advertisements A. Service. `be provided to dwelling and nonresidential unite of the City to areas with a verage density less than forty (40) dwelling units per street and sale of subscri tions and maintained b the mans in officer of said news a er or arsons in its P Y g g P P P mile or cable. a whichever, as determined by City, provides the greater employ and subject to his direction and control during all such regular business hours and devoted benefit to the. cribers, (the "extended area"), and not within the Initial exclusively during such regular business hours and at which said newspaper is printed. (6) Said service AreB;' n payment of a construction charge based upon the cost newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper contribution f ula defined below. Dwelling and onresidential units in areas with an average density of at is made available at single or subscription prices to any person, corporation, partnership or other I, (east forty (40' welling units per street mile or cable mile whichever, as unincorporated association requesting the newspaper and making the applicable payment. (8) Said I determined b ty, provides the greater benefit to the subycribers, and chose news a er has com lied with all fore oin conditions for at least one year recedin the da or dates of P P P g g P S Y w'thin the. I 1 Service Area, will not be requires to make a cost contributiolY•~ suam to the cost contribution formula below in order to publication mentioned below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior receive set)Vt' but the installation charges set out in Part I. A. of Exhibit B to January 1, 1966 and each January 1 thereafter and affidavit in the form prescribed by the Secretary to Baia oet~fn, e, as Hereby amenaea, snau apply to such dwelling ana p non e ia ~~l' it Th thl h f bl of State and si ned b the mans in officer of said news a er and sworn to before a Hofer ublic statin g Y g g P A Y P g a r s e s. e mon y c arge or ca e service in the extended area shall,j„Ne t same as elsewhere in the system. that the newspaper is a legal newspaper. B. The contribution for construction charges to be allocated toeach dwelling atl8nonresidential unit in the extended area whose occupants petition ppuanDto Section 2.C.1 hereof will be determined as follows: 1. gntee shall estimate the total cost of constructing and maintElning for three (3) years from the date service is available the He further states on oath that the printed ~ r d i n a n c e NO. 1 9 $ 3 - 2 0 , ~ line _~~ctension to be constructed in the extended areas. Total Rl cti t i a a ff i l ' hereto attached as a art hereof was cut from the columns of said news a er, and was rinted A P P A const t on cos ne s e as nc uding plant make ready and all labor qd material costs necessary to construct and activate that ' par stem commencing at the nearest point of existing plant • i and ' ` {o and within the extended area. ~ 2. ~, dard cost per dwelling and nonresidential unit in the ' and published therein in the English language, once each week, for O ri e successive weeks; exte shall be determined by dividing the total from (1) abo ' > eing the standard minimum dwelling unit density. 3J~ s contribution to the cost of the line extension shall be ~ del y dividing the total number of dwelling units in the . ext ~• , a, as designated by the City Council pursuant to Section - 3 All U S •t $ 3 W @ C~ g 2•C ' by the number of cable miles or street miles in the ext lt ea whichever as determin d b Cit r th d . 19 that It waS first So published on the day Of , e y y, p e o uces e ~ gre efit to the subscribers, and multiplying the resulting nu tithe standard cost per dwelling unit. ~ 4;~.. fference between the total costs at (1) above and the Grant ontribWion at (3) above is the total contribution of the and was thereafter printed and published on every to and including d d t cn subs e' '~ e i onatruction rge to S „,, cha b paid bye riber shall be deLei by dividing the total contribution of the dwelling and no tial units from (4) above by the number of dwelling and no '~ ntial units whose occupants joined in the petition pursuant ~ the day of 19 and that the fo110w1ng jS a printed copy 2. C.1 hereof. t01(6t~C C. ~'ih: areas shall be established and service under tfie line extension and is hereby acknowledged as being the size and both inclusive of the lower case alphabet from A to Z Poiicy~,g ' , e provided in accordance with the following procedure. , , kind of type used in the composition and publication of said notice, to wit: '",~;,apants of dwelling and nonresidential units in an area wfth an eve density of less than forty (40) dwelling units pet street mile ' abedefghijklmnopgrstuvwxyz or• mile as determined above, who desire service shall petition th'~ hcil for designation as an extended area. The petition shall /' 3' ~ ~~ ~ ~ ~•- ~~~~ lL`~ j ~ Hw include a map showing the dwelling and nonresidential units pro> posed to be included in the designated extended area. 2. The Council shall b resolution deaf hate the dwellin and Y g g ~ .,,i 111 nonresidential units to be included in the extended area. 3. Upon designation of an extended area, Grantee shall prepare a map indicating the trunk cable line that will be constructed to serve the extended area and shall estimate the combined total construction cost and three (3) year maintenance cost for service to the extended Subscribed and sworn to before me this day of AugllS't 19 83 area (Section 2.B.1), the Grantee's contribution (Section 2.B.3), and the total contribution of the dwelling end nonresidential units ~'~ r ~+'~ 4 ~s i 4~G-rent~ee'4wltr estimate the consirdcuvn r..o~ s~ •~ ~acn awemng and nonresidential unit according to the formula in Section 2.B.5, t ~~ J q '~ f a ~ .~ ` ~ "~ ` above' ntee will notify Council and occupants in the extended mail S t b U ti f~ ~, { ~ .,;~,;~,-,~t_„vi.~J .,~ ~_.1 ,.'~.~,/ j~' . . y . ma e area construction charge es ,~ _ ~ 5. Ocetepams within the extended area who wish to become I subsCr will have thirty (30) days after mailing of such notice to comsi! ervice, by executing end submitting a commitment form ., i;, J to (}} The commitment form shall be submitted to and y ~~ approved~in writing by the City prior to its use by Grantee. same thirty (30) day period shall deposit i hi th / 3 1(4 .~r`e~. n e t 6. OceuDants w the am9uN o[ the construction charge estimate into an eseFOw tq~be maintained by the City. If the number of occupants who oo tt~t~ ace o6lR'the construction charge estimate within such thirty (30y day de p peria~ is less than the number who join in the petition (and the aggre ate deposit made by such occupants is less than the total c ution of dwelling and nonresidential units required by Section after the end of the thirty 10) d hi ~'~ ays n ten ( Grantee shell, wit ti ~.-($~ ay period, notify in writing by U.S. mail such depositing ;of§~upg~nn~ts, of the deficiency in the escrow account, and such occu- eke additional deposits within ten (10) days of mailing of eUdiF:ltrdWcce. ?y'~' tJjft,total contribution of dwelling and nonresidential units as eriods time h hi p a e n rur s s a a F t con ll bove. 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