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Ordinance 83-5284 ORDINANCE NO. 83 -528 TIER 2 TIER 3 -1- J% AN ORDINANCE OF CITY OF H3PKINS AMENDING THE CABLE COMMUNICATIONS FRANCHISE ORDINANCE NO. 81 -486 EXHIBIT B, PARAGRAPH I, SUBPARAGRAPHS Al, A3, B, C, D, E AND H1 AND H4 TO CHANGE THE RATES AND CHARGES FOR INSTALLATION, MONTHLY RATES, CONVERTER, RECONNECTION, EXTRA OUTLETS, COMMERCIAL RATES, FM SERVICES AND PREMIUM SERVICES AND PROVIDING FOR THE EFFECTIVE TIME OF THIS ORDINANCE. The City Council of the City of namaxs ordains: SECTION 1. Ordinance No.81 -486 Exhibit B is amended to read: Subdivision 1. Paragraph I.A.1. is amended to read: I. SUBSCRIBER NETWORK A. Basic Rates. 1. TIERS Standard 150 Ft. Aerial Seniors Installation Monthly Homebound (First Outlet) TIER 1 Universal Service. err Free Free Converter not re- 24.95 quired for this service. Family Service. Subscriber owns $10.05 3.95 3.36 converter 24.95 Subscriber rents 10.95 Various Various converter from 24.95 Grantee. Full Service. Subscriber owns 6- converter 24.95 6.50 5.52 Subscriber rents converter from *Various *Various Grantee 24.95 TIER 3 Expanded Service. (Expanded)(Included converter and unit) 19.95 24.95 i0.95 13.95 Subdivision 2. Paragraph I.A.3. is amended to read as follows: 3. Subscribers will have the option of renting various types of converters as follows: Grantee Converter Rate Schedule Initial Monthly Description Rate 1. Block Convcrtcr 1-.8G 21. OAK L -35 1.50 3. Cci nti-f O0 0• 3-.60- reme eentrol opt on 4.00- d A b c fo..tur 7"v-G0. L i l l l b l e 42. ZENITH Z -TAC A. Set -top converter B. Set -Top Converter with remote control including remote volume. -2- 4.00 5.50 C. Enhanced Set -Top converter with enhanced remote control in- 6.00 cluding remote volume muting, favorite channel. The rental rate shall be added to the appropriate base rate 13.25 shown in the table above if the subscriber rents the converter from Grantee. Subscribers may choose to rent or buy converters from sources other than the Grantee, however, a Grantee converter or descrambler will be necessary for premium services. Subdivision 3. Paragraph I.B. is amended to read as follows: B. Extra Outlets. TIER 1 Converter not required $10 -.OG each 15.00 TIER 2 Subscriber owns converter $1-0.40- each 15.00 Subscriber rents converter $10.OG each 15.00 TIER 3 Subscriber owns converter $tea each 15.00 Subscriber rents converter from Grantee $14.44 15.00 -3- *Installation (At time of initial Installation) Monthly Free $1.95 each *Various $4. -5 each 4.95 *Various Each outlet installed after the initial installation will be $11.95 $19.95 each. Same Converter rental option as provided for under Section IA of this Exhibit B. Subdivision 4. Paragraph Z.C. is amended to read as follows: C. Reconnection. Charges for reconnection of existing installations shall be $14,-94- $19.95 for each reconnection regardless of the number of outlets. Subdivision 5. Paragraph I.D. is amended to read as follows: D. Commercial Rates For Subscriber Network Services. These rates will be subject to negotiation and will depend on the number of outlets required and the type of services selected. A typical commercial rate for department store requesting 10 outlets on TIER 3 with no converters and no premium pay would be: Installation (at cost on time and material basis) Monthly Rate 1st outlet 2nd outlet 3rd outlet Additional outlets $Isr, -AO• $20.00 $8O 15.00 5-.OG 10.00 4,49. 9.00 Subdivision 6. Paragraph I.E. is amended to read as follows: E. FM Rates. FM service rates shall be $10.00 for installation and $2.50 per month. FM service shall be available only on TIER 2 and TIER 3 and not available on TIER 1. Subdivision 7. Paragraph I.H.1. is amended to read as follows: H. Premium Services. 1. Premium service rates shall be as follows: MONTHLY Home-Meet-el.-Het-week S 3.95 $8.95 Home Box Office 6 8.95 CINEMAX 3-.-50 8.95 The Movie Channel 4-.-50 8.95 Showtime 3-.-58 8.95 Premiere 7-48 8.95 HTN plus 8.95 Bravo 8.95 The Disney Channel 9.95 Spectrum Sports 9 Subdivision 8. Paragraph I.H.4. is amended tb read as follows: 4. Installation for premium services shall be free with the intital installation of TIER 2 or 3 service. Thereafter, any number of premium services added at the same time shall be added -4 at a maximum cost of $S 19.95. SECTION 2. Process for Adoption and Acceptance. Subdivision 1. Adoption by Other Member Cities and Cancellation. That notwithstanding any other provision of this Ordinance, if all of the Cities of Eden Prairie, Edina, Hopkins, Minnetonka and Richfield do not adopt a similar franchise Ordinance amendment then those that have may cancel the Franchise Ordinance amendment adopted by it. This right of cancellation must be exercised within thirty (30) days after all Cities have act d on a similar amendment. Subdivision 2. Time for Adoption and Acceptance. 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 9 of this Ordinance, to accept this franchise Ordinance amendment in form and substance acceptable to City. However, in no event 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 accep- tance by Grantee shall be deemed the grant of this franchise Ordinance amendment for all purposes. Subdivision 3. Requirements with Acceptance. With its acc ptance, 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 the said Ordinance, as amended by this Franchise Ordinance -5- amendment is enforceable against Grantee, and the corporations which signed the Agreement of joint and several liability dated January 9, 1981 related to the franchise granted by the said Ordinance, in accordance with its terms, and which opinion shall otherwise be in form and substance acceptable to City. Subdivision 4. Effectiveness of Ordinance. That this Ordinance shall be in full force and effect upon adoption and publication and acceptance in writing by Grantee. Passed and adopted this CITY OF MINNESOTA By Mayor And day of 1983. Manager