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PRINTER'S
<br />
<br /> . :h''~' ~ Final-Franchise ' ::q.: :;~:~:;+.h
<br />
<br /> 0~eraie
<br /> .sy~te~ in: i~)eity~ '~;ng fotfh:~bndifions 'aC-::
<br />
<br /> for; ~'~tio~'-. ~'n~-. ,~ Jot the ~ste'm~:~nd :
<br /> p~escribing, penalties ~0r the v~iat:~h of :i~s ~'
<br /> provisions. ~ ' ' "" ·"
<br /> STATemENT OF IN~ENT AND PURPOSE;
<br />' ClNDINGS; .~.~'
<br /> The city a~p~s a cable television ~anChise to
<br />
<br />AFFIDAVIT OF PUBLICATION
<br />
<br />STATE OF MINNESOTA ) ss
<br />County of Anoka )
<br />
<br />Peter G. Bodley, being duly sworn, on oath says'he is and during all the times herein stated
<br />has been the managing editor of the newspaper known as the Anoka County Union and has
<br />full know]edge of the facts herein stated as follows: (1) Said newspaper is printed in the
<br />
<br />basis at the discretion of tl~e City.
<br /> ARTICLE VII. (Reserved)
<br /> r . ARTICLEVilI' INDEMNIFICATION`
<br />
<br /> iNSURANCE, LETTER OF r '
<br /> CREDIT AND BOND
<br /> SECTION 1. GENERAL
<br /> T-he City retains all rights of i~demnification,
<br />insurance, letter of credit or bo~d as provided in
<br />the franchise.
<br /> SECTION 2. INDEMNIFICATION AND IN-
<br />S.URANCE
<br /> Group W s, hall fully indemnify, defend and hold
<br />harmless, City and all of its agents and em-
<br />ployees from liability and judgments for
<br />damages in connection with: Damage to persons
<br />or property any claim ar]sitlg out of franchise,
<br />Group W's failure to comply with provisions of
<br />the franchise, or any claim Group W may have
<br />against City.
<br /> SECTION 3. INSURANCE
<br /> 'Group W shall maintain Ilabillty insurance for'
<br />the entire term of the franchise for amounts as
<br />specified in the franchise arid.pursuant to the
<br />minimum requirements of Section 3.
<br />SECTION 4. LETTER OF CREDIT · ·
<br />Group W shall malntain an irrevocable and
<br />unconditional Letter of Credit in the amount of
<br />$10,000,00.. The. Letter of Credit .shall provide
<br />funds paid to the City upon demand by the City ·
<br />pursuant to the procedures and minimum
<br />requirements of Section 4. Section· 4 further
<br />provides minimum amounts for penalties such
<br />as failure to construct the system and failure to
<br />comply with terms and conditions of the fran-
<br />chise. Said penalties may be assessed against
<br />Group W by the City and collected directly from
<br />the Letter of Credit. The Letter of Credit must be
<br />maintained pursuant to the procedures and
<br />requirements of Section 4. SECTION 5. BONDS
<br /> Group W must maintain with the City a bond in
<br />the sum of $100,000.00 conditioned upon the
<br />faith, ful performance of Group W of the Fran-
<br />chise, and further conditioned upon the terms
<br />and requirements of Section 5.
<br /> ARTICLE IX. DEFAULT
<br /> sEcTION I. NOTICE AND DEFAULT
<br /> City shall notify Group W in writing of
<br />violations of the franchise. Group W shall have
<br />thirty days to cure such default, qr be sublect to
<br />the procedures of Section ]:
<br />
<br />· SECTION 2. CROSS DEFAULT
<br /> If Group W is in default of any of the franchises
<br />of the cities of Andover, Anoka, Champlin or
<br />Ramsey, AGinnesota, any one of those cities may
<br />declare G?oupW in default of all four franchises.
<br /> ARTICLE X. FORECLOSURE~
<br /> RECEIVERSHIP AND ABANDONMENT
<br /> SECTION 1. ,FOR ECLOSUR E
<br /> Upon the foreclosure or iudiclal sale'of /he
<br />System, the provisions of the franchise gover-
<br />ning con~ent to transfer'or change'in ownership
<br />shall apply.
<br /> SECTION 2. RECEIVERSHIP
<br /> City shall have the'right to cancel the franchfse
<br />120 days after the appointment of.a receiger or
<br />trustee.
<br /> SECTION 3. ABANDONMENT
<br /> Group W may not abandon any portion Of the'
<br />System. Any such abandonment may be deemed
<br />'a cause for termination of the franchise.
<br />
<br />~'hes (2) Said newspaper is a weekly and is distributed once
<br />af each year. (3) Said newspaper, in at least half of its issues
<br />75 per cent of its printed space comprised of advertising
<br />. and in all of its issues each year, has 50 per cent of its news
<br />~'al interest to the community it purports to serve, and not
<br />1 non-advertising column inches in any issue duplicates any
<br />'spaper is circulated in and near the municipality which it
<br />00 copies regularly delivered to paying subscribers and has
<br />i its local post-office. (5) Said newspaper purports to serve
<br />9f Anoka and has its known office of issue in the City of Coon
<br />newspaper files a copy of each issue immediately with the
<br />aid newspaper is made available at single or subscription
<br />ation, partnership, or other unincorporated association
<br />making the applicable payment. (7) Said newspaper has
<br />:onditions for at least one year preceding the day or dates of
<br />8) Said newspaper has published and filed with the Secre-
<br />worn United States Post Office second class statement of
<br />October of each year beginning in 1980.
<br />
<br /> printed .................................................
<br />
<br /> ry. .................................
<br />
<br />of was cut from the columns of said newspaper, and was
<br />n the English language, once each week, for ...o.~e. .....
<br />'stso published on Friday the ........ ~th ....... day of
<br />......... and was thereafter printed and published on every
<br />.......... day of ................................ and that
<br /> the lower ease alphabet from A to Z, both inclusive, and is
<br /> the size and kind of type used in the composition and
<br />t:
<br />topqrstuvwxyz
<br /> opqrstuvwxyz
<br />
<br /> ne this ..... .~...h... day of 0ctober, 1982
<br />
<br /> ~ '"'~.'~".5~' MyOommJssinnExpites July 22, 1987 ~
<br />
<br />System. Group W shall ex~rci~e its best efforts to 'format and in column and sheet form equivalent in printed
<br />
<br /> qualifications, and character to be appropriate
<br /> to construct and operate a cable television
<br /> system within City.
<br /> ARTICLE I. SNORT TIT. LE AND
<br /> DEFt N'ITIONS
<br /> The Ordinance shall be known and cited as the
<br /> Cable Communications Ordinance. The
<br /> definition section includes 19 terms which are
<br /> defined for the purpose of the franchise.
<br /> ARTICLE II. GRANT OF AUTHORITY AND
<br /> GENERAL PROVISIONS
<br /> SECTION t. GRANT OF FRANCHISE AND
<br /> ACCEPTANCE
<br /> .mL=.",. -<~_~z~-.q - _,~lk~C.ity~?~_n~t° ~G~roup W Cable a non-
<br /> :~ -~~0perly executed and
<br /> ~' :~r. ~'~'~.p W a~d delivered to City.
<br /> Group W shall deposit with City a non:refundable
<br /> acceptance fee in the sum of $14,000.00 for the
<br /> purpose of deferring the cost~ and ~xPenses of
<br /> development of the franchise. Security deposits,
<br /> letters of credit, certificates of insurance, bonds,
<br /> and organizational and creation documents of
<br /> the company must be delivered to City.
<br /> SECTION 2. AUTHORITY GRANTED
<br /> The City.grants to Group W permission tduse
<br /> the streets for erecting, constructing, operating
<br /> and maintaining the cable communications
<br /> syste~n.
<br /> SECTION 3; AGREEMENT
<br /> . Group W agrees to be bound by all terms of the
<br /> french se and.to provide all services set forth in
<br /> its proposal to City. '
<br /> SECTION 4. FRANCHISE TERM
<br /> The (ranchise shall be for a 15 year term.
<br /> SECTION S. AREA'
<br /> The franchise is granted for the entire City.
<br /> SECTION 6. POLICE POWERS
<br /> Group W's rights are sub|ecl to the police
<br /> powers of the City.
<br /> SECTION 7. USE OF GRANTEE FACILITIES
<br /> The Cit~' has the right to install and maintain
<br /> ar~y fixtures it desires upon the poles and fixtur&s
<br /> of Group W.
<br /> SECTION 8. WRITTEN .NOTICE
<br /> r All notices shall be delivered in writing to the
<br />
<br /> offices of City and the local and New York offices
<br /> of Group W.
<br /> SECTION 9. RIGHTS OF INDIVIDUALS
<br /> · No signals shall be transmitted from the
<br /> subscriber terminc~l' except as required to
<br /> provide service authorized by the franchise and
<br /> the subscriber. Information from subscriber
<br /> terminals may not be gathered or stored without
<br /> the expt;ess written permission of the subscriber.
<br /> · '~.termr.~--and~ ,- .. ,~~- ,~ conditions of the written
<br /> p~ ~l~i~cKr~ed in Section 9; .
<br /> -': j~I~!I~¢TI'O~.~ CERTIFICATE OF COfl-
<br /> ~ · Ft'k~MATION
<br /> Group W must obtain a regular certificate of
<br /> confirmation from the State Cable Board.
<br /> ARTICLE III. DESIGN OF SYSTEM
<br /> SI~CTION L CHANNEL CAPACITY - SUB-
<br /> SCRIBER NETWORK
<br /> A 400 MHz System capable of providing at
<br /> 'least 52, downstream channels 'shall be con-
<br /> structed in the system pursuant to the conditions
<br /> of the proposal of Group W.
<br /> SECTION 2. PICTURE QUALITY AND
<br /> TECHNICAL REQUIREN~ENTS
<br /> ' 1 Group W will-be required to trbnsmlt an Ua-
<br /> l
<br /> distorted signal to the subscriber~ and further to
<br /> , comply with all technical, standards of their
<br /> I proposal and. Federal COmmunications Com-
<br /> mission requirements.
<br />
<br />bringaboutthedevelopmentofa~able'}&leVision maintain a modern, state-of-the-art System
<br />system a~l~l the continued operation of it tGbeff~r which is' comparable to o~her operating cable
<br />facilitate'th~ Com'm, u~ic;~'ti0n~ rLee~:i-e~idel~ts television S~stems similarly situated.
<br />of the City end"to' be~ter ~til'i~' and'improve SECTION S. FRANCHISE RENEWAL
<br />public services. The Cirf Council found Group The franchise may be renev~ed at any time for
<br />W's technical ability, financial condition, legai a period of up to ten years or on a year to year
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