1985-124152C(18`-mSE:041185
BILL CVO. 1965-12
AN ORDINANCE AMENDING ORDINANCE NC. $,33 TO
CHANGE THE NAME OF GRANTEE; TO EXTEND THE FRANCHISE
TERM; TO CHANGE THE INSURANCE REQUIREMENTS; AND TO
CHANGE THE COMPUTATION OF THE PURCHASE PRICE TO BE
PAID BY CITY UPON EXPIR~ITION OF THE FRANCHISE.
THE CITY OF _ RTCHFIFI D , MINNESOTA DOES ORDAIN:
SECTION 1. That Article I, Section 2, Paragraphs J and S of
said Ordinance be amended to read as follows:
J. "Grantee" is Mit~t~esflta-£si~.es~s-t~-~~~ .Rogers
Cablesvstems of Minnesota Limited Partnership, a Minnesota limited
partnership, with Rogers Cablesvstems of Minnesota, Inc a
Minnesota corporation, as the General PartnQrr-3.-t-~-~~?~-~--o-r-
emplayees:
S. "SWSCC" shall mean the Southwest Suburban -E~~--€,.t~y.. Cable
Commission.
SECTION 2. That Article II, Section 4 of said Ordinance be
amended to read as follows:
1
[i
This Franchise shall commence upon acceptance by Grantee
and shall expire on December 31, 1995. Provided, however, that if
by December 31, 1987, Grantee (i) is able to close on, and have
funded, without conditions, new long term financing, reasonably
satlstactorv to City, to replace the obligation evidenced by loan
documents dated Aa_ril 1, 1982, from Grantees to Toronto Dominion Ba
of Toronto, Canada, in the original arinci al amount of Eighteen
Million and No/100 Dollars (518,000,000.00) (the "Existing
Indebtedness"), and (ii) gives written notice of such new fi*~ancin+
to City with written evidence thereof reasonably acceptable to City
over the matter
C i tv and Grante
any such a
owever, to
ed, and the FCC
_a jurisdiction
1S r31-P rPrni i rcrl
aZ7 roval~ dLC LCC~ulrec~, gnu are not ootainea, ror any
reason, then the four (4) year extension shall not become
effective. If such extension becomes effective, Grantee and' City
shall scan and deliver an agreement evidencing such extension, but.
such extension shall be effective even without such additional
agreement .
SECTION 3. That Article V, Section 2 of said Ordinance be
amended by adding thereto a new Paragraph F as follows:
4152C(l$):TSF-^~~1R5
F. Citv may waive, at anv time and from time to time, for good
cause shown, by Council resolution, com~lianc~ by Grantee with anv
or all or the requirements imposed on Grantee by this Section 2 _
relative to providing service to anv extended area or areas.
SECTION 4. That Article VIII, Section 2, Paragraph A,
subparagraph (4) of said Ordinance be amended to read as follows:
{4) Any and all claims which Grantee may now or
hereafter have or claim to have against City, its
officers, boards, commissions, servants, agents,
employees or officials, due to or arising out of,
damage to any of Grantee's property or equipment,
including, without limitation, resulting or
consequential Ioss of income, injury to
reputation, or any other resulting or
consequential damages of any kind, caused by or
resulting from acts or 'omissions of City or any
of its officers, boards, commissions, servants,
agents, employees or officials.
SECTION 5. That Article VIII, Section 3, Paragraph A of said
Ordinance be amended to read as follows:
A. Gr-antee shall maintain liability insurance covering its
obligations of indemnification provided for in, or as a result of
the exercise of, this Franchise (except, however, for the
indemnifications in subparagraph (3) of Article VIII, Section 2,
Paragraph A of this Franchise) covering both the City and Grantee
and shall maintain said insurance during the term of this Franchise
in the minimum vf;
1. $500,000.00 for property damage to any one person;
2, $2,000,000.00 for property damage in any one act
or occurrence;
3. $1,000,000.00 for personal injury to any one
person; and
4, $2,000,000.00 for personal injury in any one act
or occurrence.
The foreaoina insurance may be Drovided by means of a blanket
liability insurance policv or policies with an annual aggregate
limitation of not less. than 526,000,000.00.
SECTION 6, That Article VIII, Section 3, Paragraph E of said
Ordinance be amended to read as follows;
_~_
4152C(18):TSE:04I185
E. All insurance policies maintained pursuant to this
Franchise shall contain the following endorsements and provisions:
(i) It is hereby understood and agreed that this
insurance policy may not be cancelled nor the
intention not to renew be stated until 60 days
after receipt. to City, by registered mail, of
written notice of such intention to cancel or not
to renew.
(ii)
A waiver of subrogation, in form and substance
acceptable to Citv, as to any and all claims
against the City which are waived hereunder by
Grantee or as to which Grantee has agreed
hereunder to indemnify and hold harmless the Ci
and its officers, boards, commissioners,
servants, officials, agents and employees
(iii ) A_ provision that if .the agree ate insurance
coverage of the blanket policies arovided by
Grantee is ever reduced below 510,000,000.00,
then notice of such fact shall promptly be coven
to City by Grantee or Grantee's insurance agent
and additional liability coverage shall
immediately be purchased by Grantee so as to
restore the annual aggregate to the minimum
amount then required under this Franchise.
SECTION 7. That Article XI, Section 2, Paragraph C of said
Ordinance be amended to read as follows:
'C. The purchase price of the System to be paid by City upon
revocation or termination of the Franchise shall be the cost less
depreciation (as shown on the books and records of Grantee) or the
fair market value, whichever is less, and goodwill shall not be
included in the purchase price of the System. However, if this
Franchise expires (and is not revoked or terminated) and if Grantee
has complied with the requirements of Article II Section 4 of this
Franchise, and all required approvals are obtained, so that the
Franchise term is extended for an additional four (4) years pursuant
to said Section 4, then the purchase price of the System to be aid
by City u on expiration of this Franchise shall be the fair market
value of the System determined on the basis of the System valued as
a going concern but with no value given or allocated to _this
Franchise itself. If the Citv and Grantee cannot agree on the
purchase price, it shall be determined by arbitration pursuant to
the provisions of this Section
SECTION 8. This Ordinance will be effective in accordance with
the provisions of Article XIV of said Ordinances including delivery
-3-
4152C(18):TS~,:041185
to City of the acceptance, opinion of legal counsel, guarantees ann
other documents as required by said Article XIV.
SECTION 9. Subject to the provisions of Section 8 hereof, this
Ordinance shall be in full force and effect upon adoption and
publication.
Passed and adopted this 1Qth day of June 1985.
ATTEST:
~s
Thomas Ferber- City Clerk
i
1
City of RICHFIELD MINKcSOTA
Minnesota Suburban Newspapers, inc.
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
SS.
COUNTY OF HENNEPIN)
Dona 1 d K . Mo r t e n s o n ,being duly sworn on an oath says that he/she
is the publisher or authorized agent and employee of the publisher of the newspaper known as
Richfield Sun-Current
are stated below.
and has full knowledge of the facts which
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended
(B) The printed B i 11 No . 7 9 8 5 -1 2
which is attached was cut from the columns of said newspaper; and was printed and published once each
week, for one successive weeks; it was first published on Ta e d n e s d a y ,the 1 9 day
of June . 19 8 5 and was thereafter printed and published on every
and including
t0
the day of , 19.-; and printed below is
a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication of the notice:
abcdefghijklmnopgrstu~wxyz
~~ y
BY:
TITLE: Operations Manager
Subscribed and sworn to before me on this
2„ ~ _ day of June , ig 85
~1 Tn. ~l -IC - 14~?,aesora~
~~ ~-- h~EviP??~; ii`» CQIJNTY ~ .
j~ny commission expires jtlt7' 2.1QZ6,
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
(2) Maximum rate allowed by law for the above matter
(3) Rate actually charged for the above matter
$ 2.60 per line
(Line, word, or inch rate)
$ 33.26 per line
(Line, word, or inch rate)
$ 24.86 per line/8.2~ x-comp.
(Line, word, or inch rate)
(Official Publication)
BILL N0. 1985-12
AN ORDINANCE AMENDING ORDINANCE NO. 6.33 TO CHANGE THE
NAME OF GRANTEE; TO EXTEND THE FRANCHISE TERM; TO
CHANGE THE INSURANCE REQUIREMENTS; AND TO CHANGE THE
COMPUTATION OF THE PURCHASE PRICE TO BE PAID BY CITY UPON
EXPIRA"I'ION OF THE FRANCHISE.
THE CITY OF RICHFIELD, MINNESOTA DOES ORDAIN:
SECTI0IV 1. That Article I, Section 2, Paragraphs J and S of said Ordinance
be amended to read as follows:
J. "Grantee" iS Minttestrta'C'a bleeytttems 8otrt~lweek Rogers Cablesystems
of Minnesota Limited Partnership, a Minnesota limited partnership, with
Rogers Cablesystems of Minnesota, Inc., a Minnesota corporation, as the
General Partner, ks~getks~r~tFployeeS.. '
S. "SW9CC" shall mean the Southwest Suburban Ck'Wi6ktdy Cable
Commission.
SECTION 2. That Article II, Section 4 of said Ordinance be amended to read
as follows:
This Franchise shall commence upon acceptance by Grantee and shall
expire on December 3l, 1995. Provided, however, that if by December 31,
1987, Grantee (i) is able to close on, and have funded, without conditions, new
long term financing, reasonably satisfactory to City, to replace the obligation
evidenced by loan documents dated April 1, 1982, from Grantee to Toronto
Dominion Bank of Toronto, Canada, in the original principal amount of
F.ightecn Million and No/100 Dollars ($18,000.000.00) (the "Existing Indebted-
ness"), and (ii) gives written notice of such new financing to City with written
evidence thereof reasonably acceptable to Cfty, then, upon the occurrence of
(i) and (ii) by December 31, 1987, the term of this Franchise shall be extended
by four (4) years, from December 31, 1995 to December 3l, 1999, subject,
however, to approval of such extension by the Board, if required, and the
FCC, if required, and any other governmental body having jurisdiMion over
the matter, if required. If any such approvals are required, City and Grantee
agree to cooperate in obtaining such approvals. If any such approvals are
required, and •are not obtained, for any reason, then the four (4) year
extension shall not become efFective. If such extension becomes effective,
Grantee and Cily shall sign and deliver an agreement evidencing such
extension, but such extension shall be effective even without such additional
agreement.
SECTION 3. That Article V, Section 2 of said Ordinance be amended by
addingthereto a new Paragraph F asfollows:
F. City may waive, at any time and from time to time, for good cause
shown, by Council resolution, compliance by Grantee with any or all of the
requirements imposed on Grantee by this Section 2.relative to providing
service to any extended area or areas.
SECTION 4. That Article VIII, Section 2, ParagrapfiA., subparagraph (4)
of said Ordinance be amended to read as follows:
(4) Any and all claims which Grantee may now or hereafter have or
claim to have against City, its officers, boards, commissions,
servants, agents, employees or officials, due to or arising out of,
damage to any of Grantee's property or equipment, including,
without limitation, resulting or consequential loss of income, injury
to reputation, or any other resulting or consequential damages of any
kind, caused by or resulting from acts or omissions of City or any of
its officers, hoards, commissions, servants, agents, employees or
officials.
SECTION 5. That Article VIII, Section 3, Paragraph A of said Ordinance be
amended to read as follows:
A. Grantee shall maintain liability insurance covering its obligations of
indemnificatign=,p~ayided for in, or as a result of the exercise of, this
Franchise ('0xi°e,~y,'fbwever, for.the indemnifications in subparagraph (3) of
Article VIII, $eEI~T' _2, Paragraph A of this Franchise) covering both the City
and Grantee' stall maintain said insurance during the term of this
Franchise in ihe• nimum oL
1. $500,000.00 fii~~property damage to any one person;
2. $2,000,000.O~;for property damage in any one act or occurrence;
3.$1,000,000: r personalinjury to any one person; and
4. $2,000,OOO:QO for personal injury in any one ac[br occurrence.
The forego~~;i+tsltrance may be provided by means of a blanket liability
insurance porKCy dolicics with an annual aggregate limitation of nol less
than $2fi,0110,000.00.~ ~~
SECTION B..'_. at~rticle VIII, Section 3, Paragraph E of said Ordinance be
amended to r(#_ ~ s Follows:
E. All inSpl'2. policies maintained pursuant to this Franchise shall
contain the IqI g endorsements and provisions:
(i) It f by understood and agreed that this insurance policy
may notttilYtelled nor the intention not to renew be stated until 60
days after receipt to City, by registered mail, of written notice of such
inlention to cancel or not to renew.
(ii) A waivef:%oP subrogation, in form and substance acceptable to
Cily, as 4o an+y and all claims against the-City which are waived
hereunder by Grantee or as to which Grantee has agreed hereunder
to indem0ify and hold harmless the City and its officers, boards,
commissi9nRrs, servams, officials, agents and employees.
liii) A ~p~ovision that if the aggregate insurance coverage of the
blanket pol~Cies provided by Grantee is ever reduced below
$IO,OOQ000.09`then notice of such [act shall promptly be given to City
by Grantee or Grantee's insurance agent and additional liability
coverage shallimmediately be purchased by Gramee so as to restore
the annual ~Yrega~e to the minimum amount then required under
this FranebfgE'
SECTION 7. 'Efit~t Article XI, Section 2; Paragraph C of said Ordinance. be
amended [o read'8s follows:
C. The purchases price of the System to be paid by City upon revocation or
termination of ttre Franchise shall be the cost less depreeiatton (as shown on
the books and records of;Grantee) or the fair market value, whichever is less,
and goodwill shall not be included in the purchase price of the System.
liowever, if this Franchise expires (and is not revoked or terminated) and if
Grantee has lcomplied with the requirements of Article II, Seclion 4 of this
Franchise, and alt required approvals are obtained, so that the Franchise
term is extended for an additional tour (4) years pursuant to said Section 4,
then the purchase price of the System to he paid by City upon expiration of
this Franchise shall he the lair market value of the System determined on the
basis of the System valued as a going concern but with no value given or
allocated to this Franchise itself. [f the City and Grantee cannot agree on the
purchase price, it shall be determined by arbitration pursuant to the
provisions of this Section 2.
SECTION 'B. This Ordinance will be effective in accordance with the
provisions of Article XIV of said Ordinance, including delivery to City of the
acceptance, opinion of legal counsel, guarantees and other documents as
required by.8~id Article XIV.
SECTI 1~`915ubject to the provisions of Section R hereof, this Ordinance
shall be in•full force and effect upon adoption and publication.
Passed and adopted this 10th day of June, 1965.
City of Richfield, Minnesota
JOHN HAMILTON
Mayor
Attest: THOMAS FERBER
City Clerk
(June 19, 1985) -RICH