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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