Memo- 2nd Reading Ordinance 96-794CITY OF HOPHINS
MEMORANDUM
To: Hopkins City Council
From: Jim Genellie
Date: December 31, 1996
Subject: Second Reading of Ordinance #96-794
Staff recommends that the Council approve the following motion: Move that the Hopkins Ci
Council approve Ordinance #96-794 amending Ordinance #96-790, Cable Television
Franchise Agreement Ordinance and Ordinance #96-792, Cable Television Regulatory
Ordinance for second reading and order published.
This ordinance has not changed since the first reading
Attachments:
• Ordinance #96-794
CITY OF HOPKINS COUNTY OF HENNEPIN
ORDINANCE NO. 96-794
' AN ORDINANCE AMENDING
ORDINANCE 96-790, CABLE FRANCHISE ORDINANCE AND
ORDINANCE 96-792, CABLE REGULATORY ORDINANCE
The City Council of the City of Hopkins does hereby ordain:
SECTION 2. That Ordinance #96-790, Section 10.3(A) be amended to
include the following language:
10.3 Security Fund
A. In the event the Grantee is given notice of a non-compliance pursuant to
Section 34 of the Ordinance, the Grantee shall within ten (10) days thereof
deposit into a bank account, established by the City, and maintain on deposit the
sum of Twenty Thousand and 00/100 Dollars ($20,000.00) or deliver to the City a
letter of credit in the same amount as a common Security Fund for the faithful
performance by it of all the provisions of this Franchise and compliance with all
orders, permits and directions of the City and the payment by Grantee of any
claim, liens, costs, expenses and taxes due the City which arise by reason of the
construction, operation or maintenance of the System. Interest on this deposit
shall be paid to Grantee by the bank on an annual basis. The security may be
terminated by the Grantee upon the Resolution of the alleged non-compliance. The
SECTION 1. That Ordinance #96-790 be amended to include the
following language:
6.7 Shared Use of Facilities
SECTION 3. That Ordinance #96-792, Section 8(F) be amended to
read as follows:
F. Whenever City shall undertake any public improvement which affects a
Grantee's equipment or facilities, City shall, with due regard to reasonable
working conditions and with reasonable notice, direct a Grantee to remove its
wires, conduits, cables and other property located in Streets. A Grantee
shall relocate or protect its wires, conduits, cables and other property at
its own expense. If the City uses its own funds to reimburse any non-
municipally owned utility for relocating its property at the City's request,
and if the City does not receive something of approximately equal value, to
. a suostantlatly srmuar manner.
s requirement shall not apply w:
rom
SECTION 4. That Ordinance #96-792, Section 8(G.2) be amended to
read as follows:
(2) A Grantee shall change from aerial to underground, at its own expense,
in any area where both electrical and telephone are hereafter changed from
aerial to underground. If the City uses its own funds to reimburse any non-
municipally owned utility for relocating its property at the City's request,
and if the Citv does not receive something o£ approximately equal value, to
Was not OtherWlse
City Will reimburse Grantee In a SL1bStahtlally 51m11ar manner. NOL WIL
anything tq the contrary. this requirement shall not apply where an
0
es are
SECTION 5. That Ordinance #96-792, Section 8(G.3) be amended to
read as follows:
(3) A Grantee shall change from aerial to underground, when both electrical
and telephone are similarly required, without cost to City, whenever requested
by City, which request can be made fox a certain area or areas or for the
entire System. If the City uses its own funds to reimburse any non-
municipally owned utility for relocating its property at the City's request,
and if the City does not receive something of approximately equal value, to
which it was not otherwise entitled, in exchange for such reimbursement, the
City will reimburse Grantee in a substantially similar manner. Notwithstanding
anything to the contrary. this requirement shall not apply where an electric
fees collected from the electrical utility and such fees are
in whole or in part to the undergrounding of electric facilities.
SECTION 6. The effective date of this ordinance shall be twenty
days after publication.
First Reading of Ordinance #96-794: December 17, 1996
Second Reading of Ordinance #96-794: January 7, 1997
Date of Publication: January 15, 1997
Effective Date of Ordinance: February 5, 1997
Charles D. Redepenning, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature