HomeMy WebLinkAbout[07a] Cable FranchiseCouncilAgendaItem 7a
MEETING DATE: July2, 2018
AGENDAITEM: CityAttorneyReports
a. CableFranchise
SUBMITTED BY: CityAttorney/Administration
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
thPREVIOUSCOUNCILACTION: OnJune18 theCityCouncilreviewedtheinitialdraft
Ordinance. Byconsensus theCouncilrequestedthatstaffpostthedraftforpublicreviewforpotential
ndadoptiononJuly2. ThedraftOrdinancehasbeenpostedontheCitywebsitefortherequired10days.
BACKGROUND INFORMATION: TheCityAttorneyhasbeenworkingwithrepresentativesfrom
CharterCommunicationstorenewtheFranchiseAgreement. Theagreementisconsistentwiththeother
carrier, MidContinent, andtheexpirationdatewillalsobethesame.
TheCityAttorney willbepresenttoansweranyquestions.
BUDGET/FISCALIMPACT:
ATTACHMENTS: Ordinance309Cable Communications – CharterCommunications
Resolution2018-031: AdoptingOrdinance309
Resolution2018-032: AuthorizingSummaryPublication
REQUESTEDCOUNCILACTION: AuthorizetheMayorandAdministratortoexecuteResolutions
2018-031AdoptingOrdinance309, and2018-032AuthorizingSummaryPublication.
ORDINANCE 309 CABLECOMMUNICATIONS – CHARTERCOMMUNICATIONS. 309-2
Section 309.01: DEFINITIONS .................................................................................. 309-2
Section 309.02: GRANTING OFFRANCHISE ......................................................... 309-3
Section 309.03: TERM ............................................................................................... 309-3
Section309.04: USEOFTHESTREETSANDDEDICATEDEASEMENTS ........... 309-3
Section 309.05: MAINTENANCE OFTHESYSTEM ............................................... 309-6
Section 309.06: SERVICE .......................................................................................... 309-7
Section 309.07: NEWDEVELOPMENTUNDERGROUND ..................................... 309-7
Section 309.08: INSURANCE/INDEMNITY ............................................................. 309-8
Section 309.09: INDEMNIFICATION ....................................................................... 309-8
Section 309.10: EQUALPROTECTION .................................................................... 309-9
Section 309.11: REVOCATION ................................................................................. 309-9
Section309.12: SALEORTRANSFEROFTHEFRANCHISE; SALEORTRANSFER
OFSTOCK ................................................................................................................. 309-9
Section 309.13: INSPECTION OFRECORDS ..........................................................309-10
Section309.14: RATES, RATECHANGE PROCEDUREANDRESIDENTIAL
SUBSCRIBER CONTRACTS ...................................................................................309-10
Section 309.15: NOTICES, MISCELLANEOUS.......................................................309-11
Section 309.16: FORCEMAJEURE ..........................................................................309-12
Section 309.17: CUSTOMERSERVICESTANDARDS ...........................................309-12
Section309.18: UNLAWFULDENIAL ....................................................................309-12
Section 309.19: ABANDONMENT ...........................................................................309-12
Section309.20: REMOVALOFCABLEEQUPMENT UPONTERMINATION OR
FORFEITURE ...........................................................................................................309-13
Section 309.21: PEGACCESSCHANNELS ............................................................309-13
Section309.22: OBSCENITY ...................................................................................309-13
Section 309.23: CABLESERVICETOPUBLICBUILDINGS .................................309-14
Section 309.24: ADDITIONAL FRANCHISE REQUIREMENTS ............................309-14
Section 309.25: ANNEXED AREAS.........................................................................309-14
Section 309.26: ENFORCEMENT ............................................................................309-14
Section 309.27: FRANCHISE FEE............................................................................309-15
Section 309.28: EFFECTIVE DATE .........................................................................309-15
Section 309.29: ACCEPTANCEANDENTIREAGREEMENT ...............................309-15
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ORDINANCE 309 CABLECOMMUNICATIONS – CHARTERCOMMUNICATIONS
Anordinancegranting afranchise toCharter Communications toconstruct install,
operate, repair, maintain, remove andrelocatefacilitiesandequipmentusedforthetransmission
ofcablecommunicationsservicesinthepublicground oftheCityofSt. Joseph.
ThisOrdinance acknowledges thefranchiseagreement (“Franchise”) isbetweentheCity
ofSaintJoseph, Minnesota, hereinafter referredtoasthe “Grantor” andCCVIIIOperating,
LLC, locallyknownasCHARTER COMMUNICATIONS, hereinafterreferred toasthe
Grantee”.
TheGrantor hereby acknowledges thattheGranteehassubstantially compliedwiththe
materialtermsofthecurrentFranchise under applicablelaw, andthatthefinancial, legal, and
technicalabilityoftheGranteeisreasonably sufficient toprovide services, facilities, and
equipmentnecessary tomeetthefuture cable-relatedneeds ofthecommunity, andhaving
affordedthepublicadequatenoticeand opportunityforcomment, desirestoenterintothis
Franchise withtheGranteefortheconstructionandoperation ofacablesystemonthe termsset
forthherein.
Section 309.01: DEFINITIONS. Thetermsdefined inthisSectionandintheRegulatory
Ordinance havethemeaningsgiven them:
Subd. 1: “CableAct” meanstheCableCommunications PolicyActof1984, P.L. 98-
549, 47U.S.C. §521Supp., asitmaybeamended orsuperseded.
Subd. 2: “CableSystem,” “CableService,” and “BasicCableService” shallbedefined
assetforthintheCableAct.
Subd. 3: “Franchise” meanstheauthorizationgrantedhereunder ofafranchise, privilege,
permit, license orotherwisetoconstruct, operateandmaintain aCableSystemwithinthe Service
Area.
Subd. 4: “GrossRevenues” meansallrevenues, asdetermined inaccordance with
generallyacceptedaccounting principles, actuallyreceived byGranteefromSubscribers residing
withintheServiceAreafor CableServices purchased bysuchSubscribers onaregular, recurring
monthlybasis, whetherfrombasictelevisionservice, tierservice, paycable, servicecharges, and
anyotherfees fromvideoservicesandinstallationcharges andequipmentrentalcharges. Gross
Revenues shallnotinclude (1) anytaxes, feesor assessmentscollected bytheGranteefrom
Subscribers forpass-throughtoagovernment agency, including, withoutlimitation, theFCC
userfee, franchise fee, orsalesorutilitytaxes; (2) baddebt; (3) credits, refundsanddepositspaid
toSubscribers; and (4) anyexclusion availableunderapplicable statelaw.
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Subd. 5: “ServiceArea” shallmean thegeographicboundaries oftheGrantorandshall
includeanyadditions theretobyannexation orotherlegalmeans, subjecttotheexceptionin
subsection 6.
Subd. 6: “Streets” meansthepublicstreets, avenues, highways, boulevards, concourses,
driveways, bridges, tunnels, parks, parkways, waterways, alleys, allotherrights-of-wayand
easements, andthepublicgrounds, places orwaterwithinthegeographic boundariesofGrantor.
Subd. 7: “Subscriber” meansanypersonlawfullyreceivinganyCableServices fromthe
Grantee.
Section 309.02: GRANTOFFRANCHISE. TheGrantorhereby grantstoGranteea
non-exclusiveFranchise fortheuseoftheStreets anddedicatedeasementswithintheService
Areafortheconstruction, operation andmaintenanceoftheCable System, uponthetermsand
conditions setforthherein. Nothing inthisFranchiseshallbeconstruedtoprohibitthe Grantee
fromofferinganyserviceover itsCableSystemthatisnotprohibitedbyfederalorstatelaw.
Section 309.03: TERM. Thefranchiseshallbe ineffectuntil September30, 2030,
unless earlierterminatedasprovidedherein.
Section 309.04: USEOFSTREETSAND DEDICATEDEASEMENTS.
Subd. 1: RighttoUse: Grantee shallhavetherighttousetheStreets oftheGrantorfor
theconstruction, operation andmaintenanceofthe Cable System, includingtherighttorepair,
replaceandenlargeandextendtheCableSystem.
Subd. 2: Location: Thefacilities oftheGranteeshallbeinstalledundergroundinthose
ServiceAreaswhereexistingtelephone andelectricservices arebothunderground atthetimeof
system construction. Inareaswhereeithertelephoneorelectricutilityfacilitiesare installed
aeriallyatthetime ofsystemconstruction, theGranteemayinstallitsfacilities aeriallywiththe
understandingthat atsuchtimeastheexistingaerialfacilitiesarerequiredtobeplaced
undergroundbytheGrantor, theGrantee shalllikewiseplaceitsfacilities underground. Facilities
mustbelocated, constructed, installed, maintainedorrelocated soasnottoendangeror
unnecessarily interferewiththeusualandcustomary traffic, travel, anduseofpublicground.
Thefacilitiesaresubject toadditionalconditionsoftheRightofWaypermitasestablishedby
theGrantor includingbut notlimitedtocompliancewithallapplicableregulationsimposedby
theMinnesotaPublicUtilitiesCommissionandotherstateandfederallaw, includingprompt
compliance withtherequirements oftheGopherStateOneCallprogram, MinnesotaStatutes
Chapter 216D
Subd. 3: TreeTrimming: Granteeshallhavetherighttoremove, trim, cutandkeepclear
oftheCableSystem, thetreesinandalongtheStreetsoftheGrantor.
Subd. 4: Damage. Granteein theexercise ofanyrightgranted toitbytheFranchiseshall,
atnocosttotheGrantor, promptlyrepair orreplaceanyfacilityorserviceoftheGrantorwhich
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Granteedamages, including butnotlimited toanyStreetorsewer, electricfacility, watermain,
firealarm, policecommunication ortrafficcontrol.
Subd. 5: Relocation. Intheeventitbecomes necessary fortheGrantor torelocateor
removetheGrantee’swires, conduits, cablesandother property locatedinanystreet,
right-of-wayorpublicplacetofacilitatetheundertaking ofapublicimprovementwhichaffects
thecableequipment, Grantee shallberesponsibleforanycostassociatedwiththese obligations
tothesameextent allotherusersoftheGrantor right-of-wayareresponsible forthecostsrelated
totherelocation oftheirfacilities.
Subd. 6: Undergrounding. InthoseareasoftheGrantor whereGrantee’s existing cables
arelocated ontheabove-groundtransmission ordistribution facilitiesofthepublicutility
providingtelephone orelectric powerservice, andintheevent thatthefacilities ofbothsuch
publicutilities aresubsequentlyplacedunderground, thentheGrantee likewiseshall relocateits
facilitiesunderground. Suchrelocation shallbeatGrantee’scost, provided thatGrantee shallbe
entitledtoreimbursement forsuchcosts tothesame extentasotheraffected users oftherightsof
way, consistent withapplicable law. CertainofGrantee’sequipment, suchaspedestals,
amplifiers, andpowersupplies, whichnormallyareplacedaboveground, maycontinue to
remainabove-ground closures.
Subd. 7: Permits. TheGrantee shallobtain arightofwaypermitfromtheproper
municipalauthoritybeforecommencingconstructionof anycommunications system, including
theopeningordisturbance ofanystreet, sidewalk, drivewayorpublicplace. Thefacilities are
subjecttoadditionalconditionsofthe RightofWay permitaswellascompliance withall
applicable regulations imposedbytheMinnesotaPublicUtilitiesCommission andotherstateand
federallaw, including promptcompliance withtherequirementsoftheGopherStateOne Call
program, Minnesota StatutesChapter216D. IftheGrantee failstomeettheconditions ofthe
permit, theFranchisor, afterreasonablenotice totheGrantee, andprovidingGrantee the
opportunitytoremedysaidcomplaint, cancausesaid problem toberemediedandbillthe
Grantee forthecostsincurredinsoremedying.
Subd. 8: Restoration. Uponcompletion ofthework, theGrantee mustrestorethe general
areaofthework, including pavinganditsfoundations, to acondition reasonably comparableto
theconditionofthestreetsimmediatelypriortosuchdamage ordisturbance. Theworkmustbe
completed aspromptlyasweatherpermits. IftheGranteedoesnotpromptlyperformand
completethework, removeall dirt, rubbish, equipmentandmaterial, andrestorethepublic
groundtotheconditionrequired, uponthirty (30) daysnoticetocure byGrantor, theGrantor
mayrestorethepublicgroundatthe expenseoftheGrantee. ShouldtheGranteefail, after
receiving30days’ writtennotice, torepair orrestore asrequiredbythissection, Grantormay
causesuchwork tobedoneandthereasonable coststhereofshallbepaidbyGrantee, upon
receiptofaninvoice anddocumentation.
Subd. 9: GranteeInitiatedRelocation. TheGrantee shallgivetheGrantorwrittennotice
priortoGrantee initiatedrelocationoffacilities. AGrantee-initiated relocationshall beatthe
Grantee’sexpenseand mustbeapproved bytheGrantor, suchapproval nottobeunreasonably
withheld.
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Subd. 10: GrantorRequiredRelocation. TheGranteemustpromptly, withdueregardfor
seasonalworkingconditions, permanently relocateitsfacilities whenevertheGrantorrequires
suchrelocation. Granteeshallberesponsible foranycostassociatedwiththeseobligations tothe
sameextent allotherusers oftheGrantorright-of-wayareresponsible forthecostsrelatedtothe
relocationoftheirfacilities.
Subd. 11: RelocationWhere PublicGroundVacated. Thevacationofpublicground does
notdeprivetheGrantee oftherighttooperate andmaintainitsfacilities intheGrantor. Ifthe
vacationproceedings areinitiated bytheGranteeorby theGrantor, theGrantee mustpay the
relocationcosts. Ifthevacation proceedings areinitiatedby theGrantor orotherpersons, the
Granteemustpaytherelocationcostsunless otherwiseagreedtobytheGrantor, Granteeand
otherpersons. Grantee shall beresponsible foranycost associatedwiththese obligations tothe
sameextent allotherusers oftheGrantorright-of-wayareresponsible forthecostsrelatedtothe
relocationoftheirfacilities.
Subd. 12: InspectionofWork. Whentheworkiscompleted, theGranteemustrequestan
inspectionbytheDirector ofPublic Works. TheDirector willdetermine iftheworkhas been
satisfactorilycompletedandprovidetheGrantee withawrittenreportoftheinspection and
approval.
Subd. 13: Notice. IftheGrantee isindefault intheperformance oftheworkauthorized
bythepermit, includingbutnotlimitedtorestoration requirements, formorethan thirty (30)
daysafterreceiving writtennotice fromtheGrantorofthedefault, theGrantormayterminate the
rightsoftheGrantee underthepermit. Thenoticeofdefaultmustbeinwriting andspecifythe
provisions ofthepermitunderwhichthedefault isclaimedandstate thegroundsoftheclaim.
ThenoticemustbeservedontheGrantee bypersonallydelivering ittoanofficerthereofatits
principal placeofbusiness inMinnesotaorbycertifiedmailtothataddress.
Subd. 14: Grantor ActiononDefault. IftheGrantee isindefault intheperformanceof
theworkauthorizedbythe permit, theGrantor may, aftertheabove noticetotheGrantee and
failureoftheGrantee tocurethedefault, takesuchactionasmay bereasonably necessaryto
abate theconditioncausedbythedefault. TheGrantee mustreimburse theGrantor forthe
Grantor’sreasonablecosts, including costsofcollection andattorney feesincurred asaresult of
theGrantee default. Thesecurityposted bytheGrantee willbeappliedbytheGrantor first
toward paymentforsuch reimbursement.
Subd. 15: Location. Thefacilitiesmustbeplaced inalocation agreedtobytheGrantor.
TheGrantee shallgivetheGrantor thirty (30) daysadvancewritten noticeofthe Grantee’s
proposed locationoffacilitieswithin thepublicgroundotherthanpublic rightsofway. No later
thanthirty (30) daysaftertheGrantor’sreceipt oftheGrantee’swrittennotice, theGrantor will
notifytheGrantee inwritingoftheGrantor’sacceptance orrejectionoftheproposed location. If
theGrantorrejects theGrantee’sproposed location, theGrantorshallpropose alternative
locations. TheGrantordoesnotwaiveorforfeititsright toreject thelocationoffacilitiesby
failuretorespond withinthethirty (30) days.
Subd. 16: Emergency Work. TheGrantee mayopenanddisturb thesurfaceofpublic
ground withoutapermitwhereanemergencyexistsrequiringtheimmediate repairofits
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facilities. Insuchevent, theGrantee mustrequestapermitnotlaterthanthesecond workingday
thereafterandcomplywith theapplicable conditionsofthepermit. InnoeventmaytheGrantee
undertake suchanactivitywhich willresultintheclosingofastreetoralleywithoutprior
notificationtotheGrantor.
Subd. 17: StreetImprovements - PavingandResurfacing. ByMay15ofeachyear, tothe
extentpracticable, theGrantor willgivethe Grantee writtennotice ofplansforstreet
improvementswhere permanentpavingorresurfacingisinvolved. Thenoticemust contain (i)
thenatureand character oftheimprovements; (ii) thestreets uponwhichtheimprovements are
tobemade; (iii) theextent oftheimprovements, thetimewhen theGrantor willstartthework;
and, (iv) ifmorethanonestreetisinvolved, thesequence inwhichtheworkisto proceed.
Subd. 18: GranteeProtectionofFacilities. TheGrantee musttakereasonablemeasures to
preventthefacilities fromcausingdamagetopersons orproperty. TheGrantee musttake
reasonablemeasurestoprotectitsfacilities fromdamagethatcouldbeinflictedonthefacilities
bypersons, property, ortheelements. TheGrantee musttake specificprotectivemeasureswhen
theGrantor performsworknear thefacilities.
Subd. 19: PriorServiceConnections. Incaseswhere theGrantor isundertakingthe
pavingorresurfacing ofstreetsandthefacilities aretobelocatedunder suchstreet, upon
reasonable notice, theGrantee willhavetheoptionto installserviceconnections priortothe
pavingorresurfacing, ifitisapparentthatservice willberequiredduringthefive (5) yearperiod
followingthepavingorresurfacing. IfGranteeelects nottoinstallitsservice connections,
Granteeagreesthatitsfutureinstallation willbydirectional boringorbyothermeansthatdonot
involveopencutting ortrenchingofthestreetimprovements.
Subd. 20: PublicGround OtherThanRight-Of-Way. Nothinginthisordinanceis
intendedtogrant totheGrantee authoritybeyondthatgivenbyMinnesotaStatutes §222.37for
useofthepublicright-of-wayforconstructionandoperation offacilities. IftheGrantor allows
theGrantee touseitsnon-right-of-waypublicground, thetermsofthisordinance applytothe
extentthey areconsistentwith thecontract, statutory andcommonlawrights theGrantorownsin
suchproperty.
Subd. 21: Regulations; Permit Schedules. TheDirector ofPublicWorksisauthorized
anddirectedtopreparesuitableregulations andschedulesfortheadministrationofrightofway
permitsissuedunderthisOrdinance.
Section 309.05: MAINTENANCE OFTHESYSTEM.
Subd. 1: Granteeshallatalltimes employordinarycareinthemaintenance andoperation
oftheCableSystem soasnottoendangerthelife, healthorproperty ofanycitizenofthe
Grantor ortheproperty oftheGrantor
Subd. 2: Allconstruction practices andinstallationofequipmentshallbedonein
accordancewithallapplicablesections oftheNational ElectricSafetyCode.
Subd. 3: TheCableSystemshallbedesigned, constructedandoperatedsoastomeet
thosetechnical standards adoptedby theFCCrelatingto CableSystemscontained inpart76of
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theFCC’srules andregulationsastheymay, fromtimetotime, beamended, regardlessofthe
transmissiontechnology utilized.
Subd. 4: Installationsshallbemaintained soasnottointerferewithtelevisionreception
alreadyin existencewithintheCity.
Section 309.06: SERVICE.
Subd. 1: TheGrantee shallcontinuetomakeCable Service available toallresidences
withintheServiceAreawhere GranteecurrentlymakesCableService available. Grantee shall
havetheright, butnottheobligation, toextendtheCableSystemintoanyotherportionofthe
ServiceArea, includingannexedareas. Grantor shallhavetherighttorequirereasonable
extensions oftheGrantee’stransmissionanddistribution systemfromtimetotime. Grantor may
notrequireanextensionintoareaswheretherearelessthantwenty-five (25) residential unitsper
milemeasuredfromexistingtrunkordistributioncables.
Subd. 2: CableServiceofferedtoSubscribers pursuant tothisFranchiseshallbe
conditioneduponGranteehavinglegalaccess toanysuchSubscriber’sdwellingunit orother
unitswhereinsuchCableServiceisprovided.
Subd. 3: TheGrantorshallpromptly provide written notice totheGranteeof its
annexationofanyterritorywhichisbeingprovidedCableServicebytheGrantee oritsaffiliates.
Suchannexedareawillbesubjecttotheprovisions ofthisFranchise uponsixty (60) days’
writtennoticefrom theGrantor, subjecttotheconditions setforthbelow andsubsection (a)
above. TheGrantorshallalsonotify Granteeinwritingofallnewstreet address assignments or
changeswithintheServiceArea. Granteeshallwithinninety (90) daysafterreceipt ofthe
annexation notice, paytheGrantorfranchisefeeson revenuereceivedfromtheoperationofthe
CableSystemtoprovideCableServices inanyareaannexedbytheGrantoriftheGrantorhas
provided awritten annexationnoticethatincludes theaddressesthatwillbemovedinto the
ServiceAreainanExcelformatorinaformatthatwillallowGranteetochange itsbilling
system. Iftheannexationnoticedoes notincludetheaddressesthat willbemovedintothe
Service Area, Granteeshallpayfranchise feeswithinninety (90) daysafteritreceives the
annexedaddressesassetforthabove. Allnoticesdueunderthissectionshall besentbycertified
mail, returnreceiptrequestedtotheaddresses setforthinSection11withacopytotheDirector
ofGovernmentRelations. Inanyauditoffranchise feesdueunderthisAgreement, Grantee shall
notbeliableforfranchisefeesonannexed areasunlessanduntil Granteehasreceived
notification andinformationthatmeetsthestandards setforthin thissection.
Section309.07: NEWDEVELOPMENTUNDERGROUND. Incasesofnew
construction orproperty developmentwhereutilitiesare tobeplacedunderground, theGrantor
agrees torequireasaconditionofissuing apermit foropen trenchingtoany developer or
propertyownerthatsuchdeveloperorpropertyownergiveGranteeatleastthirty (30) daysprior
writtennoticeofsuchconstructionordevelopment, andoftheparticulardateson whichopen
trenchingwillbeavailable forGrantee’sinstallationofconduit, pedestals and/orvaults, and
lateralstobeprovidedatGrantee’sexpense. Granteeshallalsoprovidespecifications asneeded
fortrenching. Costsoftrenching andeasementsrequired tobringservice tothedevelopment
shall bebornebythedeveloperorpropertyowner; exceptthatifGranteefails toinstallits
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conduit, pedestals and/orvaults, andlaterals withinfive (5) workingdays ofthedatethetrenches
areavailable, asdesignated inthewrittennoticegiven bythedeveloperorproperty owner, then
shouldthetrenches beclosedafter thefivedayperiod, thecostofnewtrenching istobeborne
byGrantee.
Section 309.08: INSURANCE/INDEMNITY.
Subd. 1: TheGranteeshallmaintainthroughout thetermofthe Franchise insurance in
amountsatleastas follows:
Workers’ Compensation StatutoryLimits
CommercialGeneral Liability \[$2,000,000\] peroccurrence,
Combined SingleLiability (C.S.L.)
2,000,000\] General Aggregate
AutoLiability including coverageon \[$2,000,000\] perAccident C.S.L.
allowned, nonownedhired autos
UmbrellaLiability
UmbrellaLiability \[$2,000,000\] peroccurrence C.S.L.
Subd. 2: TheGrantor shallbeaddedasan additional insured, arisingoutofwork
performed byCharter, totheaboveCommercialGeneralLiability, AutoLiabilityandUmbrella
Liabilityinsurancecoverage.
Subd. 3: TheGranteeshall furnishtheGrantorwithcurrentcertificatesofinsurance
evidencing suchcoverage uponrequest.
Section 309.09: INDEMNIFICATION. TheGrantee shall, byacceptance oftheFranchise
grantedherein, defendtheGrantor, itsofficers, boards, commissions, agents, andemployeesfor
allclaimsforinjuryto anyPersonorproperty causedbythenegligence ofGrantee inthe
constructionoroperation oftheCableSystemandintheeventof adeterminationof liability
shallindemnifyandholdGrantor , itsofficers, boards, commissions, agents, andemployees
harmless fromanyandallliabilities, claims, demands, orjudgmentsgrowingoutofany injuryto
anyPersonorpropertyasaresultofthenegligence ofGranteearisingoutoftheconstruction,
repair, extension, maintenance, operationorremovalofitswires, polesorotherequipmentof
anykindorcharacter usedinconnectionwiththeoperationofthe CableSystem, providedthat
theGrantorshallgivetheGranteewrittennoticeof itsobligation toindemnify theGrantorwithin
ten (10) daysofreceipt ofaclaimoraction pursuanttothis section. Intheeventanysuchclaim
arises, theGrantorshalltender thedefensethereof totheGranteeandtheGranteeshallhavethe
righttodefend, settleorcompromiseanyclaims arisinghereunderandtheGrantorshall
cooperate fullyherein. IftheGrantordeterminedin goodfaiththatitsinterests cannotbe
representedbytheGrantee, theGranteeshallbeexcusedfromanyobligationto represent the
Grantor. Notwithstandingtheforegoing, theGranteeshallnotbeobligatedtoindemnifythe
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Grantorforanydamages, liabilityorclaimsresultingfromthewillful misconductornegligence
oftheGrantororfortheGrantor’suseoftheCable System, including anyPEGchannels.
Section 309.10: EQUALPROTECTION. IntheeventtheGrantorgrantsan additional
FranchisethataGranteebelievesismorefavorableorlessburdensome thaninthisFranchise,
theGranteeshallhavearighttopetition forFranchise amendments torelievetheGranteeof
provisionsmakingitsFranchiselessfavorable ormoreburdensome. TheGranteeshallfilea
petitionthat:
1. Identifiesthecompetitor(s);
2. IdentifiesthebasisforGrantee’sbeliefthatcertain provisionsofthe
additionalFranchiseare morefavorable orlessburdensome thanits
existingFranchise;
3. Identifies theFranchise provisionstobeamended.
TheCity shallnotunreasonably denysuchapetition.
Section 309.11: REVOCATION.
Subd. 1: PriortorevocationorterminationoftheFranchise, theGrantorshallgivewritten
noticeto theGranteeofitsintenttorevoke theFranchise onthebasisofapattern of
noncompliance bytheGrantee, including oneormoreinstancesofsubstantialnoncompliance
withamaterialprovisionoftheFranchise. Thenoticeshallsetforth theexactnatureofthe
noncompliance. TheGranteeshallhavesixty (60) daysfromsuchnoticeto eitherobjectin
writingandtostate itsreasons forsuchobjectionandprovideanyexplanationortocurethe
allegednoncompliance. IfGrantee hasnotcured thebreachwithin suchsixty (60) daytime
periodoriftheGrantorhasnototherwisereceived asatisfactoryresponse fromGrantee, the
Grantormaythenseektorevoke theFranchiseatapublichearing. TheGranteeshallbegivenat
leastthirty (30) dayspriorwrittennoticeofsuchpublichearing, specifying thetimeandplace of
suchhearing andstatingitsintentto revoketheFranchise.
Subd. 2: Atthehearing, theGrantorshallgivetheGranteeanopportunity tostateits
position onthematter, presentevidence andquestionwitnesses, afterwhichitshalldetermine
whetherornottheFranchiseshallberevoked. Thepublichearingshallbeontherecordanda
writtentranscriptandacertifiedcopyofthefindingsshallbemadeavailable totheGrantee
withinten (10) businessdays. TheGranteemayappealsuchdetermination toanappropriate
court, whichshallhavethepowerto reviewthedecision oftheGrantordenovo. TheGrantee
maycontinue tooperatetheCableSystemuntil alllegalappealsprocedureshavebeen
exhausted. Notwithstanding theabove provisions, theGranteedoesnotwaive anyofitsrights
underfederallaw orregulation. Uponrevocation oftheFranchise, Granteemayremovethe
CableSystem fromtheStreetsoftheGrantor, orabandontheCableSysteminplace.
Section 309.12: SALEORTRANSFER OFTHEFRANCHISE; SALEORTRANSJER
OFSTOCK.
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Subd. 1: TheFranchisegranted hereundershall notbeassigned, otherthanby operation
oflawortoan entitycontrolling, controlledby, orundercommoncontrolwiththe Grantee,
without thepriorconsentoftheGrantor, suchconsent nottobeunreasonablywithheldor
delayed. Nosuchconsentshallberequired, however, foratransferintrust, bymortgage, by
otherhypothecation, orbyassignment ofanyrights, title, orinterestoftheGranteeinthe
FranchiseorCable Systemtosecureindebtedness. Withinthirty (30) daysofreceivingarequest
fortransfer, theGrantorshallnotifytheGrantee inwritingofanyadditional information it
reasonablyrequirestodetermine thelegal, financialandtechnicalqualifications ofthetransferee.
IftheGrantorhasnottaken actionontheGrantee’srequest fortransferwithin onehundred
twenty (120) daysafterreceivingsuch request, consentbytheGrantor shallbedeemedgiven.
Grantor’sapprovalmayonlybeconditioned ifnotinconflictwithapplicablelaw.
Subd. 2: Notransferorleaseoftherights grantedhereinshall beeffective untilthe
successor orlesseeshallhavefiledinthe officeofthe City Administrator/Clerkaninstrument,
dulyexecuted, reciting thefactofsuchsaleorlease, acceptingthetermscontained herein, and
agreeing toperform allconditionsrequiredof thefranchise. Atthattime, thesuccessor orlessee
shallalsofilewiththeCity Administrator/Clerkadulyexecuted bond, fullycomplyingwithany
bondingrequirementsofthisFranchise.
Section309.13: INSPECTION OFRECORDS. Atthesoledetermination ofGrantee,
Grantee shallpermitanydulyauthorizedrepresentative oftheGrantor, uponreceipt ofadvance
writtennotice, toexamine duringnormalbusiness hoursatalocation inthestate ofMinnesotaor
byaccess viasecureelectronic filesharingsoftwareor serviceandonanon-disruptivebasisany
andallofGrantee’srecordsmaintainedbyGranteeasisreasonablynecessarytoensure
Grantee’scompliancewiththeFranchise. Such noticeshallspecificallyreference thesubsection
oftheFranchise thatisunder reviewsothattheGrantee mayorganizethenecessary booksand
recordsforeasyaccessbytheGrantor. TheGranteeshall notberequiredtomaintainanybooks
andrecordsforFranchise compliancepurposes longer thanthree (3) years, exceptforservice
complaints, whichshallbekeptforone (1) yearasspecified above. TheGrantee shallnotbe
required toprovide Subscriberinformation inviolationofSection631oftheCable Act. The
Grantoragreestotreatasconfidential anybooks, recordsormapsthatconstituteproprietary or
confidentialinformation totheextent GranteemakestheGrantoraware ofsuchconfidentiality.
IftheGrantorbelieves itmustrelease anysuch confidential booksorrecordsin thecourseof
enforcingthisFranchise, orforanyotherreason, itshall adviseGranteeinadvance sothat
Granteemaytakeappropriate stepstoprotectitsinterests. Untilotherwise orderedbyacourtor
agencyofcompetentjurisdiction, theGrantoragrees that, totheextent permittedbyState and
federallaw, itshalldenyaccesstoanyofGrantee’sbooksandrecordsmarkedconfidential, as
setforthabove, toanyPerson.
Section 309.14: RATES, RATE CHANGEPROCEDUREANDRESIDENTIAL
SUBSCRIBER CONTRACTS.
Subd. 1: Rates. Priortoofferingservicestoanymember ofthegeneralpublic, the
Grantee shallprepareaclear andconciselist ofallcurrentsubscription ratesandcharges,
includingallinstallation anddisconnectcharges, charges foroptional servicesandcharges or
depositsfortheuseofequipment offeredtosubscribersforusewiththeservice. Uponrequest, a
verifiedcopy ofGrantee’slistofratesandchargesshall befiledwiththeSt. Joseph City
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Administrator/Clerkandshallbeavailableforpublic inspection attheoffice oftheCity
Administrator/Clerk. Anamended listofrates andchargesshallbepreparedandfiledwiththe
CityAdministrator/Clerkatanytimethereisanychange oradjustment inthesubscriptionrates
andcharges.
Subd. 2: ResidentialSubscriber Contract. Uponrequest, The Grantee shallfilewiththe
CityAdministrator/Clerk acopyofthethencurrentresidential subscribercontract, ifawritten
contract exists. Thesubscribercontract, and/orthesummary ofthetermsofthenon-written
contractonfilewiththeCity Administrator/Clerkshallbeopentoinspection bythepublicand
shallgovernthecontractualrelationshipbetweentheGrantee andallsubscribers receiving
serviceunder theauthority ofthisordinance, except serviceprovidedtoinstitutions, business
premisesormultiplehousinglocations, whichservice maybegovernedby separatewritten
contract.
Subd. 3: RateRegulations. TheGrantorreservesthe righttoseekcertificationbythe
FCCtoengageintheregulationofrates, andimplementreasonable regulationsduring theterm
ofthefranchise aspermittedbyfederallawand/ortheFCC. TheGrantoralsoreservestheright
whenallowedbyfederallaw, toregulate ratesfortheinstallationandrental ofequipmentforthe
hearingimpaired.
Section 309.15: NOTICES, MISCELLANEOUS.
Subd: 1: Unlessotherwise providedbyfederal, stateorlocallaw, allnotices, reportsor
demands pursuanttothisFranchise shallbeinwritingandshallbedeemedtobesufficiently
givenupondeliverytoaPerson attheaddress setforthbelow, orbyU.S. certifiedmail, return
receiptrequested, nationallyorinternationally recognized courierservicesuchasFederal
Expressorelectronicmailcommunication tothedesignatedelectronic mailaddressprovided
below. Granteeshall providethirty (30) dayswrittennoticeofanychanges inrates,
programmingservicesor channelpositions usinganyreasonablewrittenmeans. Assetforth
above, noticeservedupontheGrantorshallbedelivered orsentto:
Grantor: CityofSaintJoseph
Attn.: CityAdministrator
75Callaway StE
SaintJoseph, MN56374
E-mail: jweyrens@cityofstjoseph.com
Grantee: CharterCommunications
Attn: SeniorManager, Government
Affairs
16900Cedar AveS
Rosemount, MN55068
Email: Amanda.Duerr@charter.com
11
Copyto: CharterCommunications
Attn.: VicePresidentofGovernment
Affairs
12405Powerscourt Drive
St. Louis, MO63131
Subd. 2: Allprovisions ofthisFranchise shallapply totherespective parties, theirlawful
successors, transferees andassigns.
Subd. 3: If anyparticular sectionofthisFranchiseshallbe heldinvalid, theremaining
provisionsand theirapplicationshallnotbeaffectedthereby.
Subd. 4: Intheeventofanyconflict betweenthisFranchise andanyGrantor ordinanceor
regulation, thisFranchisewillprevail.
Subd. 5: TheCity Administrator/Clerkshallberesponsible fordaytodaymunicipal
administration ofafranchise. TheCity Councilmaybyresolution, createaCableCommission
andappointmemberstothis Commission. TheCable Commissionshallhavesuch dutiesand
delegationsasestablishedbytheGrantor Council, andshallservetheGrantor Councilinan
advisory capacity. Members oftheCableCommissionshallreceive compensation assetbythe
Councilandshall serveatthewilloftheCouncil. Establishmentofanddelegationofdutiesto
theCableCommission shallbebyresolution oftheCityCouncil. TheCityCouncilshallretain
ultimateauthorityfortheadministration ofafranchise.
Section309.16: FORCEMAJEURE. TheGranteeshallnotbeheldindefaultunder, orin
noncompliance withtheprovisions oftheFranchise, norsufferanyenforcementorpenalty
relatingtononcomplianceordefault, where suchnoncomplianceorallegeddefaultsoccurredor
werecausedbycircumstances reasonably beyondtheabilityofthe Granteetoanticipate and
control. Thisprovisionincludes, butisnotlimitedto, severeorunusualweather conditions, fire,
flood, orother actsofGod, strikes, workdelayscausedbyfailureofutilityproviderstoservice,
maintainormonitortheirutilitypoles towhichGrantee’sCableSystemisattached, aswellas
unavailabilityofmaterialsand/orqualifiedlabortoperform theworknecessary.
Section 309.17: CUSTOMERSERVICESTANDARD. Allfranchises shallconduct
theirbusiness inaccordance withthecustomer servicestandardsestablishedbytheFCCand47
C.F.R. § 76.309.
Section 309.18: UNLAWFUL DENIAL.
Subd. 1: TheGrantee shallnotdeny accesstocableservice becauseofthe incomeofa
resident.
Subd. 2: TheGrantee shallnotdenyaccesstocableservice toageographicalareaofthe
Grantor becauseofincomedemographics.
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Section309.19: ABANDONMENT. TheGrantee maynotabandonanyportionofthe
cablecommunications serviceprovidedunderafranchise withoutthree (3) monthspriorwritten
noticetotheGrantor. Granteemustcompensate theGrantor forreasonabledamagesresulting to
itfromsuchabandonment. Further, uponabandonment ofanyFranchiseproperty, ownership of
saidabandonedpropertytransferstotheGrantor.
Section 309.20: REMOVALOFCABLEEQUIPMENT UPONTERMINATION OR
FORFEITURE. Uponterminationorforfeitureofafranchise, theGranteeshallremove, ifthe
franchisingauthoritysorequests, allofitsaerialplants, structures, works, pipes, mains, conduits,
cables, polesandwiresandrefillatitsownexpenseanyexcavationthatshallbemadebyitand
shallleavesaidstreets, alleys, publicwaysandplaces, inasgoodcondition asthatprevailing
priortotheGrantee’sremoval ofequipmentandappliances. IntheeventtheGranteefailstodo
so, theGranteeshallpaytotheFranchisor thecostofsuchremoval. Granteeshallnotbe
required toremoveitsCable System, ortorelocatetheCableSystem, ortoselltheCable
System, oranyportionthereofasaresultofrevocation, denial orrenewal, oranyotherlawful
actiontoforbidordisallowCharterfromprovidingCableServices, iftheCableSystemis
activelybeing usedtofacilitate anyotherservicesnotgoverned bythecableact.
Section 309.21: PEGACCESSCHANNELS.
Subd. 1: TheGrantee shallprovide toeachofitssubscriberswhoreceivesome orallof
theservicesoffered onthesystem, receptiononatleastone (1) speciallydesignatedPEGaccess
channel. Thespecially designatedPEGaccesschannel maybeusedbylocaleducational
authoritiesandlocalgovernmentonafirstcome, firstservednondiscriminatory basis.
Subd. 2: TheGrantorreserves therighttoestablish rulesfortheadministrationofthe
specially designated accesschannelandestablishreasonable ratesfortheuseandadministration
oftheaccesschannel. Subjecttoapplicablelaw, Grantee shallcollect, onbehalfofGrantora
PEGaccess fee ofsixtycents ($.60) persubscriber permonthupon sixty (60) dayspriorwritten
noticebyGrantortoall franchisedvideo serviceproviders operatinginGrantor. Anytimeafter
theEffective Dateof thisFranchise, theGrantormayrequire, byResolution, anincrease inthe
PEG accessfeeuptoonedollar ($1.00) permonth, perSubscriber ifneededforlawfulPEG
purposes. TheCityshall holdapublichearingpriortoincreasing thePEGaccessfeeandshall
outlineitsplansforincreasing and/orimproving PEGprogramming which necessitate thePEG
accessfee increase. GranteeshallhaveanopportunitytoaddresstheCouncilregarding any
proposed increase. Amounts paidbyGranteeinsupportofPEGaccess shallbe separatefrom
andinadditionto theFranchiseFee. Anysuchchangesshallbeimplemented within60daysof
writtennotice toallfranchised videoservice providers, which mustnotexceedonedollar ($1.00)
perSubscriber permonth.
Section 309.22: OBSCENITY.
Subd. 1: Forpurposes ofthissection, obscenityshall meanaprogramwhentothe
averagepersonapplying contemporary community Standards, theprogram takenas awhole
appealstotheprurientinterest; theprogram depictsordescribes, inapatentlyoffensive way,
sexualconduct, thatis, patentlyoffensiverepresentations ordescriptionsofultimate sexualacts,
normalorperverted, actualorsimulatedorpatentlyoffensive representations ordescriptionsof
13
masturbation, excretory functionsorlewdexhibitionofgenitals; andtheprogramtakenasa
wholelacksseriousliterary, artistic, politicalorscientific value.
Subd. 2: PursuanttoMinnesotaStatutes 617.241, itshallbeagross misdemeanorto
originateorproduce anyobscene program whichistransmitted overthecable communications
system. However, neitherthecablecommunications systemwhosefacilitiesareusedtotransmit
aprogramproducedbyapersonother thanthecablecommunications Grantee, northeofficers,
directors, oremployeesof thecablecommunicationsGrantee, shallbeliable foranypenaltyor
damagesarisingfromanyobsceneprogrampresented thereon whenthecablecommunications
systemoritsemployeesdoesnotoriginateorproduce aprogram. Anyentitywhichschedules the
programming oftheaccesschannelsofacablecommunications systemshallnotbeliableforthe
presentationofanyobsceneprogram thereon unlesstheentityitselforiginatesor producesthe
program.
Section309.23: CABLE SERVICETOPUBLICBUILDINGS. Subject toapplicable
law, Granteeagrees toprovide onefreeexpandedbasic serviceconnectionandsettopbox if
requiredtothefollowinglocationslisted below. Relocationsoftheselocations willbepermitted,
provided newlocationiswithin125feetofGrantee’sfeedercable.
stSt. JosephCommunity Center – 1241 AvenueSE
stSt. JosephHistorical Society – 251 AvenueNW
thSt. JosephCommunity FireHall – 3234 AvenueNE
St. JosephPublicWorks – 1855ElmStreetE
St. JosephGovernmentCenter – 75Callaway StreetE
Section 309.24: ADDITIONALFRANCHISE REQUIREMENTS. TheGrantee shall
alsobesubjecttothefollowing termsandconditions:
Subd. 1: TheGrantee shallprovideforcitizen participationinselecting programming,
andconsider citizenpreference.
Subd. 2: TheGrantee shallprovidecustomers withreasonable noticeofratechanges if
suchnoticeisrequired byapplicable law. “Reasonablenotice” shallbeaminimum ofthirty (30)
days orincompliancewithapplicablelaw whichever periodislonger, andmaybeprovidedby
anyreasonablemeans.
Subd. 3: TheGranteeshalloffercustomersa devicetoallowchannelstobeblocked-out.
Section 309.25: ANNEXED AREAS. TheGrantor shallgiveadvanceNoticeto the
GranteeofanyplansbytheGrantortoannexnewproperty intotheGrantor boundaries.
Section 309.26: ENFORCEMENT. TheGrantorreservestheright toenforce any
violationofthisOrdinance byseekingdeclaratoryorinjunctivereliefinStearnsCountyDistrict
14
Court. IntheeventtheGrantoristheprevailingpartyinanysuchaction, theGrantorshall be
entitled tojudgment forreasonableattorney’sfeesincurredinpursuingtheaction.
Section 309.27: FRANCHISE FEE.
Subd. 1: GranteeshallpaytotheGrantor quarterlyanamountequaltothreepercent (3%)
oftheGrossRevenues forsuchcalendar quarter.
Subd. 2: EachyearduringwhichtheFranchise isinforce, Grantee shallpayGrantorno
laterthanthirty (30) daysaftertheendofeachcalendar quarter thefranchise feesrequiredby
thissection, togetherwith afinancialstatementshowingtotalGross Revenuesderivedfromthe
CableSystem duringsuchquarter. TheGrantor shallhavetherighttoreviewthepreviousyear’s
booksoftheGrantee totheextent necessarytoensureproperpaymentofthefeespayable
hereunder.
Section309.28: EFFECTIVE DATE. TheFranchise granted hereinwilltakeeffect and
beinfullforcefromsuchdateofacceptancebyGranteerecordedonthe signature pageofthis
Franchise. ThisFranchise shallexpireonSeptember 30, 2030, unlessextended inaccordance
withSection 309.03ofthisFranchiseorbythemutualagreement oftheparties.
Section 309.29: ACCEPTANCE ANDENTIRE AGREEMENT. TheGrantorandthe
Grantee, byvirtue ofthesignaturessetforthbelow, agreeto belegallybound byallprovisions
andconditions setforthinthisFranchise. TheFranchise constitutesthe entireagreement
betweentheGrantorandtheGrantee. Nomodifications tothisFranchisemaybemade without
anappropriate writtenamendment signedbyboth parties. Ifanyfeeorgrant thatispassed
through toSubscribersisrequired bythisFranchise, otherthanthefranchise fee, suchfeeor
grantshall gointoeffectsixty (60) daysaftertheEffectiveDateofthisFranchise.
Considered andapproved this ___ dayof _______, 20___
CityofSaintJoseph, Minnesota
Signature:
Name/Title:
Acceptedthis ____ dayof ____, 20___, subject toapplicable federal, stateandlocallaw.
CCVIIIOperating, LLC, l/k/aCharter
Communications
15
Signature:
Name/Title:
Date:
16
Resolution 2018-031
Adopting Ordinance 309
Cable Communications
The City Council for the City of St. Joseph, HEREBY ORDAINS:
The creation of Ordinance 309 CABLE COMMUNICATIONS – CHARTER
COMMUNICATIONS, which reads as follows:
ORDINANCE 309 CABLE COMMUNICATIONS – CHARTER COMMUNICATIONS
An ordinance granting a franchise to Charter Communications to construct install, operate,
repair, maintain, remove and relocate facilities and equipment used for the transmission of cable
communications services in the public ground of the City of St. Joseph.
This Ordinance acknowledges the franchise agreement (“Franchise”) is between the City
of Saint Joseph, Minnesota, hereinafter referred to as the “Grantor” and CC VIII Operating, LLC,
locally known as CHARTER COMMUNICATIONS, hereinafter referred to as the “Grantee”.
The Grantor hereby acknowledges that the Grantee has substantially complied with the
material terms of the current Franchise under applicable law, and that the financial, legal, and
technical ability of the Grantee is reasonably sufficient to provide services, facilities, and
equipment necessary to meet the future cable-related needs of the community, and having
afforded the public adequate notice and opportunity for comment, desires to enter into this
Franchise with the Grantee for the construction and operation of a cable system on the terms set
forth herein.
Section 309.01: DEFINITIONS. The terms defined in this Section and in the Regulatory
Ordinance have the meanings given them:
Subd. 1: “Cable Act” means the Cable Communications Policy Act of 1984, P.L. 98-549,
47 U.S.C. §521 Supp., as it may be amended or superseded.
Subd. 2: “Cable System,” “Cable Service,” and “Basic Cable Service” shall be defined as
set forth in the Cable Act.
Subd. 3: “Franchise” means the authorization granted hereunder of a franchise, privilege,
permit, license or otherwise to construct, operate and maintain a Cable System within the Service
Area.
Subd. 4: “Gross Revenues” means all revenues, as determined in accordance with
generally accepted accounting principles, actually received by Grantee from Subscribers residing
within the Service Area for Cable Services purchased by such Subscribers on a regular, recurring
monthly basis, whether from basic television service, tier service, pay cable, service charges, and
any other fees from video services and installation charges and equipment rental charges. Gross
Revenues shall not include (1) any taxes, fees or assessments collected by the Grantee from
Subscribers for pass-through to a government agency, including, without limitation, the FCC user
fee, franchise fee, or sales or utility taxes; (2) bad debt; (3) credits, refunds and deposits paid to
Subscribers; and (4) any exclusion available under applicable state law.
Subd. 5: “Service Area” shall mean the geographic boundaries of the Grantor and shall
include any additions thereto by annexation or other legal means, subject to the exception in
subsection 6.
Subd. 6: “Streets” means the public streets, avenues, highways, boulevards, concourses,
driveways, bridges, tunnels, parks, parkways, waterways, alleys, all other rights-of-way and
easements, and the public grounds, places or water within the geographic boundaries of Grantor.
Subd. 7: “Subscriber” means any person lawfully receiving any Cable Services from the
Grantee.
Section 309.02: GRANT OF FRANCHISE. The Grantor hereby grants to Grantee a non-
exclusive Franchise for the use of the Streets and dedicated easements within the Service Area for
the construction, operation and maintenance of the Cable System, upon the terms and conditions
set forth herein. Nothing in this Franchise shall be construed to prohibit the Grantee from offering
any service over its Cable System that is not prohibited by federal or state law.
Section 309.03: TERM. The franchise shall be in effect until September 30, 2030, unless
earlier terminated as provided herein.
Section 309.04: USE OF STREETS AND DEDICATED EASEMENTS.
Subd. 1: Right to Use: Grantee shall have the right to use the Streets of the Grantor for the
construction, operation and maintenance of the Cable System, including the right to repair, replace
and enlarge and extend the Cable System.
Subd. 2: Location: The facilities of the Grantee shall be installed underground in those
Service Areas where existing telephone and electric services are both underground at the time of
system construction. In areas where either telephone or electric utility facilities are installed
aerially at the time of system construction, the Grantee may install its facilities aerially with the
understanding that at such time as the existing aerial facilities are required to be placed
underground by the Grantor, the Grantee shall likewise place its facilities underground. Facilities
must be located, constructed, installed, maintained or relocated so as not to endanger or
unnecessarily interfere with the usual and customary traffic, travel, and use of public ground. The
facilities are subject to additional conditions of the Right of Way permit as established by the
Grantor including but not limited to compliance with all applicable regulations imposed by the
Minnesota Public Utilities Commission and other state and federal law, including prompt
compliance with the requirements of the Gopher State One Call program, Minnesota Statutes
Chapter 216D
Subd. 3: Tree Trimming: Grantee shall have the right to remove, trim, cut and keep clear
of the Cable System, the trees in and along the Streets of the Grantor.
Subd. 4: Damage. Grantee in the exercise of any right granted to it by the Franchise shall,
at no cost to the Grantor, promptly repair or replace any facility or service of the Grantor which
Grantee damages, including but not limited to any Street or sewer, electric facility, water main,
fire alarm, police communication or traffic control.
Subd. 5: Relocation. In the event it becomes necessary for the Grantor to relocate or
remove the Grantee’s wires, conduits, cables and other property located in any street, right-of-way
or public place to facilitate the undertaking of a public improvement which affects the cable
equipment, Grantee shall be responsible for any cost associated with these obligations to the same
extent all other users of the Grantor right -of-way are responsible for the costs related to the
relocation of their facilities.
Subd. 6: Undergrounding. In those areas of the Grantor where Grantee’s existing cables
are located on the above-ground transmission or distribution facilities of the public utility
providing telephone or electric power service, and in the event that the facilities of both such
public utilit ies are subsequently placed underground, then the Grantee likewise shall relocate its
facilities underground. Such relocation shall be at Grantee’s cost, provided that Grantee shall be
entitled to reimbursement for such costs to the same extent as other affected users of the rights of
way, consistent with applicable law. Certain of Grantee’s equipment, such as pedestals,
amplifiers, and power supplies, which normally are placed above ground, may continue to remain
above-ground closures.
Subd. 7: Permits. The Grantee shall obtain a right of way permit from the proper municipal
authority before commencing construction of any communications system, including the opening
or disturbance of any street, sidewalk, driveway or public place. The facilities are subject to
additional conditions of the Right of Way permit as well as compliance with all applicable
regulations imposed by the Minnesota Public Utilities Commission and other state and federal
law, including prompt compliance with the requirements of the Gopher State One Call program,
Minnesota Statutes Chapter 216D. If the Grantee fails to meet the conditions of the permit, the
Franchisor, after reasonable notice to the Grantee, and providing Grantee the opportunity to
remedy said complaint, can cause said problem to be remedied and bill the Grantee for the costs
incurred in so remedying.
Subd. 8: Restoration. Upon completion of the work, the Grantee must restore the general
area of the work, including paving and its foundations, to a condition reasonably comparable to
the condition of the streets immediately prior to such damage or disturbance. The work must be
completed as promptly as weather permits. If the Grantee does not promptly perform and
complete the work, remove all dirt, rubbish, equipment and material, and restore the public ground
to the condition required, upon thirty (30) days notice to cure by Grantor, the Grantor may restore
the public ground at the expense of the Grantee. Should the Grantee fail, after receiving 30 days’
written notice, to repair or restore as required by this section, Grantor may cause such work to be
done and the reasonable costs thereof shall be paid by Grantee, upon receipt of an invoice and
documentation.
Subd. 9: Grantee Initiated Relocation. The Grantee shall give the Grantor written notice
prior to Grantee initiated relocation of facilities. A Grantee-initiated relocation shall be at the
Grantee’s expense and must be approved by the Grantor, such approval not to be unreasonably
withheld.
Subd. 10: Grantor Required Relocation. The Grantee must promptly, with due regard for
seasonal working conditions, permanently relocate its facilities whenever the Grantor requires
such relocation. Grantee shall be responsible for any cost associated with these obligations to the
same extent all other users of the Grantor right -of-way are responsible for the costs related to the
relocation of their facilities.
Subd. 11: Relocation Where Public Ground Vacated. The vacation of public ground does
not deprive the Grantee of the right to operate and maintain its facilities in the Grantor. If the
vacation proceedings are initiated by the Grantee or by the Grantor, the Grantee must pay the
relocation costs. If the vacation proceedings are initiated by the Grantor or other persons, the
Grantee must pay the relocation costs unless otherwise agreed to by the Grantor, Grantee and
other persons. Grantee shall be responsible for any cost associated with these obligations to the
same extent all other users of the Grantor right -of-way are responsible for the costs related to the
relocation of their facilities.
Subd. 12: Inspection of Work. When the work is completed, the Grantee must request an
inspection by the Director of Public Works. The Director will determine if the work has been
satisfactorily completed and provide the Grantee with a written report of the inspection and
approval.
Subd. 13: Notice. If the Grantee is in default in the performance of the work authorized by
the permit, including but not limited to restoration requirements, for more than thirty (30) days
after receiving written notice from the Grantor of the default, the Grantor may terminate the rights
of the Grantee under the permit. The notice of default must be in writing and specify the
provisions of the permit under which the default is claimed and state the grounds of the claim.
The notice must be served on the Grantee by personally delivering it to an officer thereof at its
principal place of business in Minnesota or by certified mail to that address.
Subd. 14: Grantor Action on Default. If the Grantee is in default in the performance of the
work authorized by the permit, the Grantor may, after the above notice to the Grantee and failure
of the Grantee to cure the default, take such action as may be reasonably necessary to abate the
condition caused by the default. The Grantee must reimburse the Grantor for the Grantor’s
reasonable costs, including costs of collection and attorney fees incurred as a result of the Grantee
default. The security posted by the Grantee will be applied by the Grantor first toward payment
for such reimbursement.
Subd. 15: Location. The facilities must be placed in a location agreed to by the Grantor.
The Grantee shall give the Grantor thirty (30) days advance written notice of the Grantee’s
proposed location of facilities within the public ground other than public rights of way. No later
than thirty (30) days after the Grantor’s receipt of the Grantee’s written notice, the Grantor will
notify the Grantee in writing of the Grantor’s acceptance or rejection of the proposed location. If
the Grantor rejects the Grantee’s proposed location, the Grantor shall propose alternative
locations. The Grantor does not waive or forfeit its right to reject the location of facilities by
failure to respond within the thirty (30) days.
Subd. 16: Emergency Work. The Grantee may open and disturb the surface of public
ground without a permit where an emergency exists requiring the immediate repair of its facilities.
In such event, the Grantee must request a permit not later than the second working day thereafter
and comply with the applicable conditions of the permit. In no event may the Grantee undertake
such an activity which will result in the closing of a street or alley without prior notification to the
Grantor.
Subd. 17: Street Improvements - Paving and Resurfacing. By May 15 of each year, to the
extent practicable, the Grantor will give the Grantee written notice of plans for street
improvements where permanent paving or resurfacing is involved. The notice must contain (i) the
nature and character of the improvements; (ii) the streets upon which the improvements are to be
made; (iii) the extent of the improvements, the time when the Grantor will start the work; and, (iv)
if more than one street is involved, the sequence in which the work is to proceed.
Subd. 18: Grantee Protection of Facilities. The Grantee must take reasonable measures to
prevent the facilities from causing damage to persons or property. The Grantee must take
reasonable measures to protect its facilities from damage that could be inflicted on the facilities by
persons, property, or the elements. The Grantee must take specific protective measures when the
Grantor performs work near the facilities.
Subd. 19: Prior Service Connections. In cases where the Grantor is undertaking the paving
or resurfacing of streets and the facilities are to be located under such street, upon reasonable
notice, the Grantee will have the option to install service connections prior to the paving or
resurfacing, if it is apparent that service will be required during the five (5) year period following
the paving or resurfacing. If Grantee elects not to install its service connections, Grantee agrees
that its future installation will by directional boring or by other means that do not involve open
cutting or trenching of the street improvements.
Subd. 20: Public Ground Other Than Right -Of-Way. Nothing in this ordinance is intended
to grant to the Grantee authority beyond that given by Minnesota Statutes §222.37 for use of the
public right-of-way for construction and operation of facilities. If the Grantor allows the Grantee
to use its non-right -of-way public ground, the terms of this ordinance apply to the extent they are
consistent with the contract, statutory and common law rights the Grantor owns in such property.
Subd. 21: Regulations; Permit Schedules. The Director of Public Works is authorized and
directed to prepare suitable regulations and schedules for the administration of right of way
permits issued under this Ordinance.
Section 309.05: MAINTENANCE OF THE SYSTEM.
Subd. 1: Grantee shall at all times employ ordinary care in the maintenance and operation
of the Cable System so as not to endanger the life, health or property of any citizen of the Grantor
or the property of the Grantor
Subd. 2: All construction practices and installation of equipment shall be done in
accordance with all applicable sections of the National Electric Safety Code.
Subd. 3: The Cable System shall be designed, constructed and operated so as to meet those
technical standards adopted by the FCC relating to Cable Systems contained in part 76 of the
FCC’s rules and regulations as they may, from time to time, be amended, regardless of the
transmission technology utilized.
Subd. 4: Installations shall be maintained so as not to interfere with television reception
already in existence within the City.
Section 309.06: SERVICE.
Subd. 1: The Grantee shall continue to make Cable Service available to all residences
within the Service Area where Grantee currently makes Cable Service available. Grantee shall
have the right, but not the obligation, to extend the Cable System into any other portion of the
Service Area, including annexed areas. Grantor shall have the right to require reasonable
extensions of the Grantee’s transmission and distribution system from time to time. Grantor may
not require an extension into areas where there are less than twenty-five (25) residential units per
mile measured from existing trunk or distribution cables.
Subd. 2: Cable Service offered to Subscribers pursuant to this Franchise shall be
conditioned upon Grantee having legal access to any such Subscriber’s dwelling unit or other
units wherein such Cable Service is provided.
Subd. 3: The Grantor shall promptly provide written notice to the Grantee of its annexation
of any territory which is being provided Cable Service by the Grantee or its affiliates. Such
annexed area will be subject to the provisions of this Franchise upon sixty (60) days’ written
notice from the Grantor, subject to the conditions set forth below and subsection (a) above. The
Grantor shall also notify Grantee in writing of all new street address assignments or changes
within the Service Area. Grantee shall within ninety (90) days after receipt of the annexation
notice, pay the Grantor franchise fees on revenue received from the operation of the Cable System
to provide Cable Services in any area annexed by the Grantor if the Grantor has provided a written
annexation notice that includes the addresses that will be moved into the Service Area in an Excel
format or in a format that will allow Grantee to change its billing system. If the annexation notice
does not include the addresses that will be moved into the Service Area, Grantee shall pay
franchise fees within ninety (90) days after it receives the annexed addresses as set forth above.
All notices due under this section shall be sent by certified mail, return receipt requested to the
addresses set forth in Section 11 with a copy to the Director of Government Relations. In any
audit of franchise fees due under this Agreement, Grantee shall not be liable for franchise fees on
annexed areas unless and until Grantee has received notification and information that meets the
standards set forth in this section.
Section 309.07: NEW DEVELOPMENT UNDERGROUND. In cases of new construction
or property development where utilities are to be placed underground, the Grantor agrees to
require as a condition of issuing a permit for open trenching to any developer or property owner
that such developer or property owner give Grantee at least thirty (30) days prior written notice of
such construction or development, and of the particular dates on which open trenching will be
available for Grantee’s installation of conduit, pedestals and/or vaults, and laterals to be provided
at Grantee’s expense. Grantee shall also provide specifications as needed for trenching. Costs of
trenching and easements required to bring service to the development shall be borne by the
developer or property owner; except that if Grantee fails to install its conduit, pedestals and/or
vaults, and laterals within five (5) working days of the date the trenches are available, as
designated in the written notice given by the developer or property owner, then should the
trenches be closed after the five day period, the cost of new trenching is to be borne by Grantee.
Section 309.08: INSURANCE/INDEMNITY.
Subd. 1: The Grantee shall maintain throughout the term of the Franchise insurance in
amounts at least as follows:
Workers’ Compensation Statutory Limits
Commercial General Liability [$2,000,000] per occurrence,
Combined Single Liability (C.S.L.)
[$2,000,000] General Aggregate
Auto Liability including coverage on
all owned, non owned hired autos
Umbrella Liability
[$2,000,000] per Accident C.S.L.
Umbrella Liability [$2,000,000] per occurrence C.S.L.
Subd. 2: The Grantor shall be added as an additional insured, arising out of work
performed by Charter, to the above Commercial General Liability, Auto Liability and Umbrella
Liability insurance coverage.
Subd. 3: The Grantee shall furnish the Grantor with current certificates of insurance
evidencing such coverage upon request.
Section 309.09: INDEMNIFICATION. The Grantee shall, by acceptance of the Franchise
granted herein, defend the Grantor, its officers, boards, commissions, agents, and employees for
all claims for injury to any Person or property caused by the negligence of Grantee in the
construction or operation of the Cable System and in the event of a determination of liability shall
indemnify and hold Grantor , its officers, boards, commissions, agents, and employees harmless
from any and all liabilities, claims, demands, or judgments growing out of any injury to any
Person or property as a result of the negligence of Grantee arising out of the construction, repair,
extension, maintenance, operation or removal of its wires, poles or other equipment of any kind or
character used in connection with the operation of the Cable System, provided that the Grantor
shall give the Grantee written notice of its obligation to indemnify the Grantor within ten (10)
days of receipt of a claim or action pursuant to this section. In the event any such claim arises, the
Grantor shall tender the defense thereof to the Grantee and the Grantee shall have the right to
defend, settle or compromise any claims arising hereunder and the Grantor shall cooperate fully
herein. If the Grantor determined in good faith that its interests cannot be represented by the
Grantee, the Grantee shall be excused from any obligation to represent the Grantor.
Notwithstanding the foregoing, the Grantee shall not be obligated to indemnify the Grantor for
any damages, liability or claims resulting from the willful misconduct or negligence of the
Grantor or for the Grantor’s use of the Cable System, including any PEG channels.
Section 309.10: EQUAL PROTECTION. In the event the Grantor grants an additional
Franchise that a Grantee believes is more favorable or less burdensome than in this Franchise, the
Grantee shall have a right to petition for Franchise amendments to relieve the Grantee of
provisions making its Franchise less favorable or more burdensome. The Grantee shall file a
petition that:
1. Identifies the competitor(s);
2. Ident ifies the basis for Grantee’s belief that certain provisions of the
additional Franchise are more favorable or less burdensome than its existing
Franchise;
3. Identifies the Franchise provisions to be amended.
The City shall not unreasonably deny such a petition.
Section 309.11: REVOCATION.
Subd. 1: Prior to revocation or termination of the Franchise, the Grantor shall give written
notice to the Grantee of its intent to revoke the Franchise on the basis of a pattern of
noncompliance by the Grantee, including one or more instances of substantial noncompliance
with a material provision of the Franchise. The notice shall set forth the exact nature of the
noncompliance. The Grantee shall have sixty (60) days from such notice to either object in
writing and to state its reasons for such objection and provide any explanation or to cure the
alleged noncompliance. If Grantee has not cured the breach within such sixty (60) day time
period or if the Grantor has not otherwise received a satisfactory response from Grantee, the
Grantor may then seek to revoke the Franchise at a public hearing. The Grantee shall be given at
least thirty (30) days prior written notice of such public hearing, specifying the time and place of
such hearing and stating its intent to revoke the Franchise.
Subd. 2: At the hearing, the Grantor shall give the Grantee an opportunity to state its
position on the matter, present evidence and question witnesses, after which it shall determine
whether or not the Franchise shall be revoked. The public hearing shall be on the record and a
written transcript and a certified copy of the findings shall be made available to the Grantee within
ten (10) business days. The Grantee may appeal such determination to an appropriate court,
which shall have the power to review the decision of the Grantor de novo. The Grantee may
continue to operate the Cable System until all legal appeals procedures have been exhausted.
Notwithstanding the above provisions, the Grantee does not waive any of its rights under federal
law or regulation. Upon revocation of the Franchise, Grantee may remove the Cable System from
the Streets of the Grantor, or abandon the Cable System in place.
Section 309.12: SALE OR TRANSFER OF THE FRANCHISE; SALE OR TRANSJER
OF STOCK.
Subd. 1: The Franchise granted hereunder shall not be assigned, other than by operation of
law or to an entity controlling, controlled by, or under common control with the Grantee, without
the prior consent of the Grantor, such consent not to be unreasonably withheld or delayed. No
such consent shall be required, however, for a transfer in trust, by mortgage, by other
hypothecation, or by assignment of any rights, title, or interest of the Grantee in the Franchise or
Cable System to secure indebtedness. Within thirty (30) days of receiving a request for transfer,
the Grantor shall notify the Grantee in writing of any additional information it reasonably requires
to determine the legal, financial and technical qualifications of the transferee. If the Grantor has
not taken action on the Grantee’s request for transfer within one hundred twenty (120) days after
receiving such request, consent by the Grantor shall be deemed given. Grantor’s approval may
only be conditioned if not in conflict with applicable law.
Subd. 2: No transfer or lease of the rights granted herein shall be effective until the
successor or lessee shall have filed in the office of the City Administrator/Clerk an instrument,
duly executed, reciting the fact of such sale or lease, accepting the terms contained herein, and
agreeing to perform all conditions required of the franchise. At that time, the successor or lessee
shall also file with the City Administrator/Clerk a duly executed bond, fully complying with any
bonding requirements of this Franchise.
Section 309.13: INSPECTION OF RECORDS. At the sole determination of Grantee,
Grantee shall permit any duly authorized representative of the Grantor, upon receipt of advance
written notice, to examine during normal business hours at a location in the state of Minnesota or
by access via secure electronic file sharing software or service and on a non-disruptive basis any
and all of Grantee’s records maintained by Grantee as is reasonably necessary to ensure Grantee’s
compliance with the Franchise. Such notice shall specifically reference the subsection of the
Franchise that is under review so that the Grantee may organize the necessary books and records
for easy access by the Grantor. The Grantee shall not be required to maintain any books and
records for Franchise compliance purposes longer than three (3) years, except for service
complaints, which shall be kept for one (1) year as specified above. The Grantee shall not be
required to provide Subscriber information in violation of Section 631 of the Cable Act. The
Grantor agrees to treat as confidential any books, records or maps that constitute proprietary or
confidential information to the extent Grantee makes the Grantor aware of such confidentiality. If
the Grantor believes it must release any such confidential books or records in the course of
enforcing this Franchise, or for any other reason, it shall advise Grantee in advance so that
Grantee may take appropriate steps to protect its interests. Until otherwise ordered by a court or
agency of competent jurisdiction, the Grantor agrees that, to the extent permitted by State and
federal law, it shall deny access to any of Grantee’s books and records marked confidential, as set
forth above, to any Person.
Section 309.14: RATES, RATE CHANGE PROCEDURE AND RESIDENTIAL
SUBSCRIBER CONTRACTS.
Subd. 1: Rates. Prior to offering services to any member of the general public, the Grantee
shall prepare a clear and concise list of all current subscription rates and charges, including all
installation and disconnect charges, charges for optional services and charges or deposits for the
use of equipment offered to subscribers for use with the service. Upon request, a verified copy of
Grantee’s list of rates and charges shall be filed with the St. Joseph City Administrator/Clerk and
shall be available for public inspection at the office of the City Administrator/Clerk. An amended
list of rates and charges shall be prepared and filed with the City Administrator/Clerk at any time
there is any change or adjustment in the subscription rates and charges.
Subd. 2: Residential Subscriber Contract. Upon request, The Grantee shall file with the
City Administrator/Clerk a copy of the then current residential subscriber contract, if a written
contract exists. The subscriber contract, and/or the summary of the terms of the non-written
contract on file with the City Administrator/Clerk shall be open to inspection by the public and
shall govern the contractual relationship between the Grantee and all subscribers receiving service
under the authority of this ordinance, except service provided to institutions, business premises or
multiple housing locations, which service may be governed by separate written contract.
Subd. 3: Rate Regulations. The Grantor reserves the right to seek cert ification by the FCC
to engage in the regulation of rates, and implement reasonable regulations during the term of the
franchise as permitted by federal law and/or the FCC. The Grantor also reserves the right when
allowed by federal law, to regulate rates for the installation and rental of equipment for the
hearing impaired.
Section 309.15: NOTICES, MISCELLANEOUS.
Subd: 1: Unless otherwise provided by federal, state or local law, all notices, reports or
demands pursuant to this Franchise shall be in writing and shall be deemed to be sufficiently given
upon delivery to a Person at the address set forth below, or by U.S. certified mail, return receipt
requested, nationally or internationally recognized courier service such as Federal Express or
electronic mail communication to the designated electronic mail address provided below. Grantee
shall provide thirty (30) days written notice of any changes in rates, programming services or
channel positions using any reasonable written means. As set forth above, notice served upon the
Grantor shall be delivered or sent to:
Grantor: City of Saint Joseph
Attn.: City Administrator
75 Callaway St E
Saint Joseph, MN 56374
E-mail: jweyrens@cityofstjoseph.com
Grantee: Charter Communications
Attn: Senior Manager, Government
Affairs
16900 Cedar Ave S
Rosemount, MN 55068
Email: Amanda.Duerr@charter.com
Copy to: Charter Communications
Attn.: Vice President of Government
Affairs
12405 Powerscourt Drive
St. Louis, MO 63131
Subd. 2: All provisions of this Franchise shall apply to the respective parties, their lawful
successors, transferees and assigns.
Subd. 3: If any particular section of this Franchise shall be held invalid, the remaining
provisions and their application shall not be affected thereby.
Subd. 4: In the event of any conflict between this Franchise and any Grantor ordinance or
regulation, this Franchise will prevail.
Subd. 5: The City Administrator/Clerk shall be responsible for day to day municipal
administration of a franchise. The City Council may by resolution, create a Cable Commission
and appoint members to this Commission. The Cable Commission shall have such duties and
delegations as established by the Grantor Council, and shall serve the Grantor Council in an
advisory capacity. Members of the Cable Commission shall receive compensation as set by the
Council and shall serve at the will of the Council. Establishment of and delegation of duties to the
Cable Commission shall be by resolution of the City Council. The City Council shall retain
ultimate authority for the administration of a franchise.
Section 309.16: FORCE MAJEURE. The Grantee shall not be held in default under, or in
noncompliance with the provisions of the Franchise, nor suffer any enforcement or penalty
relating to noncompliance or default, where such noncompliance or alleged defaults occurred or
were caused by circumstances reasonably beyond the ability of the Grantee to anticipate and
control. This provisio n includes, but is not limited to, severe or unusual weather conditions, fire,
flood, or other acts of God, strikes, work delays caused by failure of utility providers to service,
maintain or monitor their utility poles to which Grantee’s Cable System is attached, as well as
unavailability of materials and/or qualified labor to perform the work necessary.
Section 309.17: CUSTOMER SERVICE STANDARD. All franchises shall conduct their
business in accordance with the customer service standards established by the FCC and 47 C.F.R.
§ 76.309.
Section 309.18: UNLAWFUL DENIAL.
Subd. 1: The Grantee shall not deny access to cable service because of the income of a
resident.
Subd. 2: The Grantee shall not deny access to cable service to a geographical area of the
Grantor because of income demographics.
Section 309.19: ABANDONMENT. The Grantee may not abandon any portion of the
cable communications service provided under a franchise without three (3) months prior written
notice to the Grantor. Grantee must compensate the Grantor for reasonable damages resulting to
it from such abandonment. Further, upon abandonment of any Franchise property, ownership of
said abandoned property transfers to the Grantor.
Section 309.20: REMOVAL OF CABLE EQUIPMENT UPON TERMINATION OR
FORFEITURE. Upon termination or forfeiture of a franchise, the Grantee shall remove, if the
franchising authority so requests, all of its aerial plants, structures, works, pipes, mains, conduits,
cables, poles and wires and refill at its own expense any excavation that shall be made by it and
shall leave said streets, alleys, public ways and places, in as good condition as that prevailing prior
to the Grantee’s removal of equipment and appliances. In the event the Grantee fails to do so, the
Grantee shall pay to the Franchisor the cost of such removal. Grantee shall not be required to
remove its Cable System, or to relocate the Cable System, or to sell the Cable System, or any
portion thereof as a result of revocation, denial or renewal, or any other lawful action to forbid or
disallow Charter from providing Cable Services, if the Cable System is actively being used to
facilitate any other services not governed by the cable act.
Section 309.21: PEG ACCESS CHANNELS.
Subd. 1: The Grantee shall provide to each of its subscribers who receive some or all of the
services offered on the system, reception on at least one (1) specially designated PEG access
channel. The specially designated PEG access channel may be used by local educational
authorities and local government on a first come, first served nondiscriminatory basis.
Subd. 2: The Grantor reserves the right to establish rules for the administration of the
specially designated access channel and establish reasonable rates for the use and administration
of the access channel. Subject to applicable law, Grantee shall collect, on behalf of Grantor a
PEG access fee of sixty cents ($.60) per subscriber per month upon sixty (60) days prior written
notice by Grantor to all franchised video service providers operating in Grantor. Anytime after
the Effective Date of this Franchise, the Grantor may require, by Resolution, an increase in the
PEG access fee up to one dollar ($1.00) per month, per Subscriber if needed for lawful PEG
purposes. The City shall hold a public hearing prior to increasing the PEG access fee and shall
outline its plans for increasing and/or improving PEG programming which necessitate the PEG
access fee increase. Grantee shall have an opportunity to address the Council regarding any
proposed increase. Amounts paid by Grantee in support of PEG access shall be separate from and
in addition to the Franchise Fee. Any such changes shall be implemented within 60 days of
written notice to all franchised video service providers, which must not exceed one dollar ($1.00)
per Subscriber per month.
Section 309.22: OBSCENITY.
Subd. 1: For purposes of this section, obscenity shall mean a program when to the average
person applying contemporary community Standards, the program taken as a whole appeals to t he
prurient interest; the program depicts or describes, in a patently offensive way, sexual conduct,
that is, patently offensive representations or descriptions of ultimate sexual acts, normal or
perverted, actual or simulated or patently offensive representations or descriptions of
masturbation, excretory functions or lewd exhibition of genitals; and the program taken as a whole
lacks serious literary, artistic, political or scientific value.
Subd. 2: Pursuant to Minnesota Statutes 617.241, it shall be a gross misdemeanor to
originate or produce any obscene program which is transmitted over the cable communications
system. However, neither the cable communications system whose facilities are used to transmit a
program produced by a person other than the cable communications Grantee, nor the officers,
directors, or employees of the cable communications Grantee, shall be liable for any penalty or
damages arising from any obscene program presented thereon when the cable communications
system or its employees does not originate or produce a program. Any entity which schedules the
programming of the access channels of a cable communications system shall not be liable for the
presentation of any obscene program thereon unless the entity itself originates or produces the
program.
Section 309.23: CABLE SERVICE TO PUBLIC BUILDINGS. Subject to applicable law,
Grantee agrees to provide one free expanded basic service connection and set top box if required
to the following locations listed below. Relocations of these locations will be permitted, provided
new location is within 125 feet of Grantee’s feeder cable.
St. Joseph Community Center – 124 1st Avenue SE
St. Joseph Historical Society – 25 1st Avenue NW
St. Joseph Community Fire Hall – 323 4th Avenue NE
St. Joseph Public Works – 1855 Elm Street E
St. Joseph Government Center – 75 Callaway Street E
Section 309.24: ADDITIONAL FRANCHISE REQUIREMENTS. The Grantee shall also
be subject to the following terms and conditions:
Subd. 1: The Grantee shall provide for citizen participation in selecting programming, and
consider citizen preference.
Subd. 2: The Grantee shall provide customers with reasonable notice of rate changes if
such notice is required by applicable law. “Reasonable notice” shall be a minimum of thirty (30)
days or in compliance with applicable law whichever period is longer, and may be provided by
any reasonable means.
Subd. 3: The Grantee shall offer customers a device to allow channels to be blocked-out.
Section 309.25: ANNEXED AREAS. The Grantor shall give advance Notice to the
Grantee of any plans by the Grantor to annex new property into the Grantor boundaries.
Section 309.26: ENFORCEMENT. The Grantor reserves the right to enforce any violation
of this Ordinance by seeking declaratory or injunctive relief in Stearns County District Court. In
the event the Grantor is the prevailing party in any such action, the Grantor shall be entitled to
judgment for reasonable attorney’s fees incurred in pursuing the action.
Section 309.27: FRANCHISE FEE.
Subd. 1: Grantee shall pay to the Grantor quarterly an amount equal to three percent (3%)
of the Gross Revenues for such calendar quarter.
Subd. 2: Each year during which the Franchise is in force, Grantee shall pay Grantor no
later than thirty (30) days after the end of each calendar quarter the franchise fees required by this
section, together with a financial statement showing total Gross Revenues derived from the Cable
System during such quarter. The Grantor shall have the right to review the previous year’s books
of the Grantee to the extent necessary to ensure proper payment of the fees payable hereunder.
Section 309.28: EFFECTIVE DATE. The Franchise granted herein will take effect and be
in full force from such date of acceptance by Grantee recorded on the signature page of this
Franchise. This Franchise shall expire on September 30, 2030, unless extended in accordance
with Section 309.03 of this Franchise or by the mutual agreement of the parties.
Section 309.29: ACCEPTANCE AND ENTIRE AGREEMENT. The Grantor and the
Grantee, by virtue of the signatures set forth below, agree to be legally bound by all provisions
and conditions set forth in this Franchise. The Franchise constitutes the entire agreement between
the Grantor and the Grantee. No modifications to this Franchise may be made without an
appropriate written amendment signed by both parties. If any fee or grant that is passed through
to Subscribers is required by this Franchise, other than the franchise fee, such fee or grant shall go
into effect sixty (60) days after the Effective Date of this Franchise.
This amendment is adopted this day of , 2018 and shall be effective upon
publication.
CITY OF ST. JOSEPH
BY
Rick Schultz, Mayor
BY
Judy Weyrens, Administrator
This amendment was published on , 2018.
RESOLUTION2018-032
RESOLUTION AUTHORIZINGSUMMARYPUBLICATIONOF
ORDINANCE 309 – CABLECOMMUNICATIONS – CHARTERCOMMUNICATIONS
RECITALS:
WHEREAS, onJuly2, 2018, theCityCouncilfortheCityofSt. Josephadopted Ordinance309,
entitled “CableCommunications – CharterCommunications” ; and
WHEREAS, theCityofSt. Josephdesirestopublish theOrdinancebySummaryPublication; and
WHEREAS, thefulltextoftheamendedOrdinancesareavailableattheCityOffices, 75
CallawayStE, orontheCitywebsite, www.cityofstjoseph.com.
THEREFORE, ITISHEREBYRESOLVED:
1. TheCityCouncilhasreviewedtheproposedSummaryPublicationandfindsthatthe
summaryoftheOrdinanceclearlyinformsthepublicoftheintentandeffectofthe
Ordinance.
2. TheCityofSt. JosephdirectstheCityAdministratortopublishtheOrdinanceby
SummaryPublication.
Adoptedthis 2nd_ dayof _July_, 2018, byavoteof infavorand opposed.
CITYOFST. JOSEPH
By ______________________________
RickSchultz, Mayor
By ______________________________
JudyWeyrens, Administrator