90-003 ORD
.
Ordinance No. 90-3
THE CITY OF ELK RIVER , MINNESOTA, DOES
ORDAIN AS FOLLOWS:
ORDINANCE NO. 84-9 OF THE CITY ENTITLED CABLE
COMMUNICATIONS ORDINANCE IS HEREBY AMENDED AS FOLLOWS:
1. ARTICLE III, Section 8 is amended by addition as
follows:
The obligation of Grantee to implement a "regional
channel" will be stayed and deferred for at least two years
from the date of this Ordinance No.90-3. Future stays or
deferrals of this obligation are subject to further approval
by the City.
3. ARTICLE VI, Section 4.B. is amended by addition as
follows:
(1) Throughout the term of this Franchise, Grantee
shail pay to the City or its designee, within sixty (60)
days after the end of each fiscal year of Grantee, an annual
Franchise Fee of five percent (5%) of all Gross Revenues.
.
EXHIBIT 1
.
This change in the annual Franchise Fee shall be effective
as of September 1, 1989. No payment will be allowed of any
Franchise Fee that is different from five percent (5%),
other than the filing fee and payment required of the
successful applicant as established by City to recover the
cost of franchising and any other additional payments which
are required by the terms of this Franchise.
(2) Payment will be made to City or its designee with
an itemization of the Gross Revenues.
4. ARTICLE VII, Section 4 is amended as follows:
A. A~ ~he ~ime o~ aeeep~anee o~ ~hi~ Pranehi~e,
Grantee shall deliver to eiey Commission an irrevocable and
unconditional Letter of Credit, in form and substance
acceptable to the ei~y Commission from a National or State
bank approved by eiey Commission, in the amount of Ten
Thousand Dollars ($lO,OOO.OO)~, naming City as one of the
drawers thereon.
B. The Letter of Credit shall provide that funds will
be paid to City or Commission upon written demand of City or
Commission and in an amount solely determined by City or
Commission in payment for penalties charged pursuant to this
section, in payment for any monies owed by Grantee pursuant
to its obligations under this Franchise, or in payment for
any. damage incurred as a result of any acts or omissions by
Grantee pursuant to this Franchise.
.
.
.
C. In addition to recovery of any monies owed by
!
Grantee to City or Commission or damages to City 2E
Commission as a result of any acts or omissions by Grantee
pursuant to the Franchise, City or Commission in its sole
discretion may charge to and collect from the Letter of
Credit the following penalties:
(1) For failure beyond the reasonable control of
Grantee to complete System construction in accordance
with Grantee's initial service area plan, unless City or
Commission approved the delay, the penalty shall be Two
Hundred Fifty Dollars ($250.00) per day for each day, or
part thereof, such failure occurs or continues.
.
(2) For failure to provide data, documents, re-
ports or information after adequate notice or to co-
operate with City or Commission during an application
process or System review, the penalty shall be One
Hundred Dollars ($100.00) per day for each day, or part
thereof, such failure occurs or continues.
(3) For failure to reasonably comply with any of
the provisions of this Franchise for which a penalty is
not otherwise specifically provided pursuant to this
Paragraph C,the penalty shall be One Hundred Dollars
($100.00) per day for each day, or part thereof, such
- failure occurs or continues.
(4) For failure to test, analyze and report on the
performance of the System within sixty days following a
.
- 3 -
.
request by City or Commission the penalty shall be One
Hundred Dollars ($100.00) per day for each day, or part
thereof, such failure occurs or continues.
(5) For failure beyond the reasonable control of
Grantee to modify the System or to provide additional
services within sixty days after required by binding
arbitration the penalty shall be Two Hundred Fifty
Dollars ($250.00) per day for each day, or part thereof,
such failure occurs or continues.
(6) Forty-five days following notice from City or
Commission of a failure beyond Grantee's reasonable
control of Grantee to comply with operation or m~in-
tenance standards and sixty days following notice from
City or Commission of a failure beyond Grantee's
reasonable control of Grantee to comply with construc-
tion standards, the penalty shall be Two Hundred Fifty
Dollars ($250.00) per day for each day, or part thereof,
such failure occurs or continues.
(7) For failure beyond the reasonable control of
Grantee to provide the services Grantee has proposed or
their equivalent, including but not limited to the
implementation and the utilization of the access chan-
nels and the making available for use of the equipment
. and other facilities, the penalty shall be Two Hundred
Fifty Dollars ($250.00) per da~ for each day, or part
thereof, such failure occurs or continues.
.
.
- 4 -
.
(8) Each violation of any provision of this Fran-
chise shall be considered a separate violation for which
a separate penalty can be imposed, but in no event shall
the City or Commission maximum daily penalty exceed One
Thousand Dollars ($1,000.00) per day.
D. Whenever City or Commission finds that Grantee has
violated one or more terms, conditions or provisions this
Franchise, a written notice shall be given to Grantee
informing it of such violation. At any time after twenty
days following local receipt of notice provided Grantee
remains in violation of one or more terms, conditions or
provisions of this Franchise, in the sole opinion of City or
Commission, City or Commission may draw from the Letter of
. Credit all penalties and other monies due City or
Commission.
E. Whenever a penalty has been assessed, Grantee may,
within thirty days of local receipt of notice, notify City
or Commission that there is a dispute as to whether a
violation or failure has, in fact, occurred. Such notice by
Grantee to City or Commission shall specify with
particularity the matters disputed by Grantee.
(1) City or Commission shall hear Grantee's
dispute at the next regularly scheduled Councilor
Commission meeting. City or Commission shall supplement
the Council or Commission decision with written findings
of fact.
.
- 5 -
.
(2) Upon determination by City or Commission that
no violation has taken place, City or Commission shall
refund to Grantee without interest all monies drawn from
the Letter of Credit by reason of the alleged violation.
F. If said Letter of Credit or any subsequent Letter
of Credit delivered pursuant hereto expires prior to 15
months after the expiration of the term of this Franchise,
it shall be renewed or replaced during the term of this
Franchise to provide that it will not expire earlier than 15
months after the expiration of this Franchise. The renewed
or replaced Letter of Credit shall be on the same form and
with a bank authorized herein and for the full amount stated
in paragraph A of this section. Failure to renew or replace
the Letter of Credit shall be grounds for termination of
this Franchise.
G. If City or Commission draws upon the Letter of
Credit or any subsequent Letter of Credit delivered pursuant
hereto, in whole or in part, Grantee shall replace the same
within fifteen days and shall deliver to City or Commission
a like replacement Letter of Credit for the full amount
stated in paragraph A of this section as a substitution of
the previous Letter of Credit.
H. If any Letter of Credit is not so replaced, City 2!
Commission may draw on said Letter of Credit for the whole
amount thereof and hold the proceeds, without interest, and
use the proceeds to pay costs incurred by City or Commission
.
.
- 6 -
.
.
:
in performing and paying for any or all of the obligations,
duties and responsibilities of Grantee under this Franchise
that are not performed or paid for by Grantee pursuant
hereto, including attorneys' fees incurred by City or
Commission in so performing and paying. The failure to
replace any Letter of Credit may also, at the option of the
City or Commission be deemed a default by Grantee under this
Franchise. The drawing on the Letter of Credit by City or
Commission and use of the money so obtained for payment or
performance of the obligations, duties and responsibilities
of Grantee which are in default, shall not be a waiver or
release of such default.
- 7 -
.
.
.
,
. .
Passed and adopted this 26 day of February
, 1990.
ATTEST:
CITY OF ELK RIVER
---
By~a.~~~L, /y@
City Clerk ~ yor _
This Franchise, as amended, is accepted, and we agree to
be bound by all its terms and conditions subject to federal,
state and local laws.
JONES INTERCABLE, INC.
By
Its
Date:
By
Its
Date:
- 8 -
SETTLEMENT AGREEMENT
.
.
THIS SETTLEMENT AGREEMENT is made and entered into upon
the last of the dates of signature herein by and between
JONES INTERCABLE, INC., General Partner of Cable T.V. Fund
l4-A Ltd., ~ Colorado limited partnership ("JONES")~
SHERBURNE/WRIGHT COUNTY CABLE COMMUNICATIONS COMMISSION
("the COMMISSION")~ and the CITY OF BUFFALO, Minnesota, CITY
OF BIG LAKE, Minnesota, CITY OF COKATO, Minnesota, CITY OF
DASSEL, Minnesota, CITY OF DELANO, Minnesota, CITY OF ELK
RIVER, Minnesota, CITY OF MAPLE LAKE, Minnesota, CITY OF
MONTICELLO, Minnesota, CITY OF ROCKFORD, Minnesota and CITY
OF WATERTOWN, Minnesota (collectively referred to as the
"CITIES"). The COMMISSION is a duly constituted joint
powers commission of which the CITIES are members. JONES
and Cable T.V. Fund l4-A Ltd. hold the franchises for the
cable television system located in and serving the CITIES
and adjacent areas.
RECITALS
1. In 1984, the CITIES entered into franchise
agreements and passed ordinances granting cable television
franchises to Rite Cable Company of Minnesota, Ltd. to serve
the CITIES and adjacent areas.
2. In 1987, Cable T.V. Fund 14-A, Ltd., a Colorado
limited partnership for which JONES is the General Partner,
purchased the franchises for the CITIES from Rite Cable
'.
.
Company of Minnesota, Ltd., and assumed all obligations
under the franchises with the approval and consent of the
CITIES and the COMMISSION.
3. The cable television franchises and ordinances of
the CITIES presently in effect granting JONES and Cable
T.V. Fund l4-A, Ltd. -the right to be the cable television
operator and franchisee in the CITIES are substantially
identical in form and content.
4. In September 1988, JONES sought the approval of the
COMMISSION, as agent for the CITIES, to change the
programming provided to the CITIES by deleting the USA
Network ("USA") and replacing it with Turner Network
Television ("TNT").
S. At a meeting of the COMMISSION held in Buffalo,
Minnesota on November 16, 1988, the COMMISSION voted to deny
JONES' request to delete the USA service and to replace it
with TNT. On January 20, 1989, the COMMISSION, as agent for
the CITIES, approved formal Findings of Fact and Conclusions
denying JONES' request.
6. JONES has initiated litigation against the
COMMISSION and the CITIES, contending, among other things,
that the actions of the COMMISSION in denying JONES' request
were erroneous under the Cable Communications Policy Act of
1984. The lawsuit, Jones Intercable, Inc. v.
Sherburne/Wright County Cable Communications Commission, et
al., is presently pending before the United States District
.
.
- 2 -
.
.
.
Court for the District of Minnesota, Case No. 4-88 Civil
1115.
7. In addition to the disputes between JONES, on the
one hand, and the COMMISSION and the CITIES, on the other,
relating to the replacement of USA with TNT, other issues
and disputes concerning the franchise agreements have arisen
between the parties.
8. As a result of settlement discussions and
negotiations in which all parties were represented by
counsel, all parties to the litigation and to this Agreement
have agreed, and desire, to settle and compromise all
outstanding disputes between the parties. To effect this
Agreement, the parties have agreed to dismiss the pending
litigation, and to effect certain changes in the franchise
agreements and ordinances between JONES and Cable T.V. Fund
14-A, Ltd., on the one hand, and the CITIES, on the other.
AGREEMENT
In consideration for the mutual promises and agreements
set forth herein and the Exhibits to this Agreement, it is
hereby agreed by and between the parties hereto as follows:
1. The COMMISSION and CITIES acknowledge that there
were certain errors and omissions in the previous action
taken by the COMMISSION denying JONES' request to delete the
USA service and to replace it with TNT. The COMMISSION, as
agent for the CITIES, agrees to rescind its Findings of Fact
and Conclusions dated January 20, 1989.
- 3 -
.
.
.
2. JONES, Cable T.V. Fund l4-A Ltd. and the CITIES
will enter into written amendments to the CITIES' Cable
Television Franchise Ordinances in a form attached hereto as
Exhibit 1 for each city in order to resolve various other
issues and disputes that have arisen concerning the
interpretation and application of the Cable Television
Franchise Ordinances with the CITIES. The COMMISSION and
the CITIES undertake and agree to use their best efforts to
secure passage of the amended ordinances, with full
compliance with applicable law, as soon as practicable.
3. JONES, the COMMISSION and the CITIES will dismiss
with prejudice and without costs to any party the litigation
now pending between them. The parties will instruct their
.
legal counsel to execute and file a Stipulation for
Dismissal with Prejudice and related Order in the form
attached hereto as Exhibit 2 immediately upon the
COMMISSION'S rescinding the Findings of Fact and
Conclusions. Immediately upon execution of this Agreement,
counsel for the parties will jointly approach the United
States District Court for the District of Minnesota, and
request that further proceedings in the litigation be stayed
or held in abeyance pending the COMMISSION'S rescinding the
Findings of Fact and Conclusions.
4. JONES shall, implement, as soon as practicable, its
obligations under the Franchise Ordinances to hire, a part-
time employee whose work will focus on local origination
- 4 -
.
.
.
programming. The COMMISSION agrees that a part-time
position for such programming will satisfy JONES'
obligations related to such a part time position, and
further acknowledges that the local origination position is
not and will not be eligib~e for full-time employment
benefits.
5. The COMMISSION agrees that JONES may move the
access programming currently carried on channels 10 and 13
to a higher channel designation.
6. This Agreement shall be binding upon and shall
inure to the benefit of the parties hereto, and their
successors, administrators and assigns.
7. This Agreement has been entered into by the parties
as an accord and satisfaction to settle and compromise
pending litigation and other disputes. Nothing contained in
this Agreement, nor the dismissal of the pending litigation,
shall be interpreted nor construed to be an admission on the
part of, nor to the prejudice of, any party executing this
Agreement.
8. Each of the parties named below, and the persons
executing this Agreement on behalf of any party, represents
that he/she has been duly authorized to enter into and
execute this Agreement on behalf of the party named.
9. Each party acknowledges it has been represented by
counsel with respect to this Agreement, and has been fully
advised in respect to all the rights which are affected by
this Agreement and the Exhibits thereto.
- 5 -
.
.
.
10. This Agreement shall be construed and the legal
relations between the parties determined in accordance with
the laws of the State of Minnesota.
11. This Agreement may be executed in one or more
counterparts, each of which shall be deemed to be an
original without the production of the others, but all of
which together shall constitute one and the same instrument.
12. Each of the parties named below, and the persons
executing this Agreement on behalf of any party, represents
that he/she has been duly authorized to enter into and
execute this Agreement on behalf of the party named.
The parties below named have executed this Settlement
Agreement as of the day and year first above written.
Dated:
JONES INTERCABLE, INC.
By
Its
Dated:
SHERBURNE/WRIGHT COUNTY
CABLE COMMUNICATIONS
COMMISSION
By
Its
Dated:
CITY OF BUFFALO
By .
Its
- 6 -
Dated: CITY OF BIG LAKE
.
By
Its
Dated: CITY OF COKATO
By
Its
Dated: CITY OF DASSEL
By
Its
Dated: CITY OF DELANO
.
By
Its
Dated:
CITY 01 ELK RIVER
/ ~- /!/J
~--~~.# /~
Its . 14/l~
Dated:
CITY OF MAPLE LAKE
By
Its
Dated:
CITY OF MONTICELLO
By
Its
.
- 7 -
Dated: CITY OF ROCKFORD
.
By
Its
Dated: CITY OF WATERTOWN
By
Its
.
.
- 8 -
"ORDINANCE NO. DO-3
Tl;I.~'City of Elk River,Minnesota.
do~ordain as follows:
Ordinance ,~o. . ~~D of the" city en-
titled cable coinlnunications ordinance
jsl;l.e~by. amended as follows:
1. Article Ill. Section 8 iumended by,
addiUo& as fotlQW!I: ", ,.',' , ",", '
, ' Th~Grantee'it~ lluccessprs onlssivns
'will notb~ req\lj~d! to implement the
"nal'l'llw'Castimireauirementsl'until the
earlieI"'of(~}th&reriewa~ of the Fran-
, ,chise Ord'in~nce' bv the Citv or the
Commission OF OlHhe sale or transfer
\)fthe svs.tem;'?'" ,e, ,
" 2.Aiiic:Jt>JII~.l*tion9iaa'mended by
addition as 'follows: ' , '
The oll"vation of Grantee to imnle-
mjlnt a "relrionalchannel" will be stave4
and der~rred for'at least two vearsfrom
the date of this Ordinance No. 90-3;
fqtu~'lltav1;l: or deferrals' ofthjsC)blill8.-
i. tioQ:'a..~ ~ul1j~ tgfu rther, an,\,!:t:pval bv
theCltv,,"i),' ",' " '",
He :a. ./\Eiic1evr.Jl:-timi 4.B. ~ amended
'by",dlljti9t!'~' J:> '. ,
i"(l)'l1hiougp6;., ,~l-JnonhisFran-
"Fhise,i~,aQ.w~'sAall pay tCl tfurOi~ or,
,jtl!;,I4ltP,jp:i~e~..,vi,thi~ sixty (60), dli,ys 'af~'
'ttrtthti'id9fe8(:hJiscllfyearofGrantee, :
:ari ~I:mual Franchise fee 9ffive ~nt
(1$%) 9f lIll. ~ross,~venues. :':'.: ,','
f,' rpill~~halll!'eillthe lVIpuaJFr.nchise'
" Fee 1;IJiiaTl be~ff~iyeIl9 of Sl,mtein~r t
lWlai}{~o,paymtlnt. will. '~, allowell of
anyFranchi~F~~!ltisdiffe..elJ.tfrpm '
fivli! ~j!Ut. (1)%), other that the filing
fee ll:I!ld pa)lDl8nt required of the suc~
cet!sful I?;pp.Uc:s,ntp established by City
;,toN~y~th8<1..l:Qst offranchising and
'aliy l.lth~l'lldd'i~j.GnaI I!~~nts' which
. a~: req~~.b,'t)ll" tetplS ofthi.,F,ran-
. chis~i\t",:\,"'" .. ':"".' .....,
. ~n?tirnieniwUllje IJIAIlet9Gity Of its
: desigJiee wjth.~ itemizatioR,ofthe
Gross. Revenues. '," .
. 4. 'Article' VlJ.Section'" amended as
follows: " ,,' .
A.. Grantee .shall deliver to. Commis-
SWf!.Bn irrevocab~e and unconditional
. . Lettel'of'CFedit~ili form and lIubstance
acc:eptab~ to the Commis!lion from a
National or8.tatebank approved by,
~mmission. in the amount' of Ten
,Thousand' Dollars ($10.000.00), WWJ.:.
fnl!' Citvasoneofthe draW-en thereon
. : B.The Letter' of Creditllhall proYide
;thllt fu,ndsyiill be paid toCit~ w:.Qwn:
; I:niAai"UlJ1l?OnWri,t~en,; lieDj.imdof City III
h COmmisllion'llnd .ill an.llJIlOunt solely
;' 9.!:te~(lJed,bY. Q~ 9r'Cominission in
'l!IlYJl'l.!:n~t,fol'~tf 'tt!es' fharged pursu-
"nt tU',tl#lI';lI~t~ ,Jill pa)'lllllnt for any
:moni~.,"ow~d b~~rantee pursuant to
Its obl:tgati9ns\ulUWr tlUsFranchise. or
in payment for ~~ daxp,ag;!l'jpcurred as
a re,~lt,or!l:J:ly;~sl of-:~~oipl by
gr~tee'Jil~f~~~',,~ th. ',;',
,C;hl.,dlUtlOf!.j;qi~~veryq'...~~mP~es
oyied; bYQ.J.'llntel.fto City 911Cowmission
OJ! daDlll;geit'tQCit,y,or commission ,as a
, resqlj;;, o~; 1!itY',aqts:, or,onUsllions by
GrlU\ltee'pul'!iU'ant~Ute.ErlP).cliil!8"City..
'or.caOmwi~lIionili(jta, sole. ,discretion
, DllI;y,chargectoandcollectfromtheLetter
of Credit. the following penalties.
(thiFol' failure beyond the reasonable
control of Grantee to complete System
construction in accordanqe with
.Grantee's . initial service area plan.
unless City or Commission approved
the delay, the pena1tysbiill.'~!lMo
Hundred; Fifty Dollars.,($$O,OP)per
day for each day, or part tPli!reof. 'lIUch
failure occurs 'or continues. ,',',,' ".
(2) F()r failure to proYide data. c,WllU-
:ment.. ',reports ,or ,inCormation'after
adeqv,ateJl()tice ,or to cooperate with
City or Commission during iIIJl ~p'p)ica-
tion process 'or .8.yste:rn ,~view..the
penalty shall' be One Hv,nch:edDoUars
($100.00)per day for eacp~y. 'or part
thereof. such failure Occ:urBOr eontin-
ues. '," '",'
(3) For failu~toreasonably,coItiply
with any oftheprovisionsof.this Fran-
chise for which .a',penalty'is not other-
wise specifu;a1)yproYidedpu.rsuant to
this Paragraph C. the 'penPltysha.ll. 'Po,
One Hundred Dollars ($100;00) per.day
foreach@y.,or part,thereof,s9CPJail-
ure'occurs or-contmues. :~:_::;"'~_"'"..
(4) For failure to .te~t,aIllllYi~;~~d
report On theperfor,mance oftl1li!~.Ys~
tem within siXty"days following,_~-
quest by City or Commi88ion the pen-
alty shall be One Hundred, Dollars
($100..00) per day for each day, or part
,thereof, such failureqCCll!1t'lIrqlnt~-
ues.. ','. 't,,'
(5) For failurebeyOnd:the reasonable
control, of Grantee ,tC) modQY the System
or to provide additional ,services within
sixty days after required by binding
arbitration the penalty shall' hf;lTwo
Hundred Fifty Dollal'!l($250.0Q) per
day for each day. or part ~eniof, such
failure occurs or continues., ',:' ','
,(6) Forty-five, days follo~~ notice
from City or Commis6ionof a Cailure
beyond Grantee's reasonable contI;Qlof
Grantee to complywitlloperatiOn or
maintenance standards and sDqy AAYs
following npt~ from City or 9owmiR-
Iiwlof a failure~e'yo~iJ. GrllB~'!i,~a-
sonable cOntrol of Giian~,\Ii ~~ply
Wit,' hco,n,stru., ,ct" i~;S." t,a.'.".~d.".J,H,,"cll!, "....'tlie. "~. ,."n.-
alty shallbe,~woB,Q.ri,~4J!'ift;y,:p,ol-
lars ($259.00) per day fute~,~Y;;or
part ~hereof,lIuc:h Jai1Q.~" o~ra;)<or
continues. '
Mfidavit of Publication
. --,,-----"------ ." -, -._D1"Fi"""'-~'~
(7). For failure be., y,.on .d, the ere.. as ""l.J,l.all, Ie -.,'/
control of Grantee to provide thf\leerv- STATE OF MINNESOTA
ices Grantee ,haspJ'OJXlsed or' tlUlir
equivalent, including hQ.tUQt limited to -
the implementation andthl! l!~~ation
oC the access channels and the making
available for use of the equipment jlD.d
other facilities. the penalty shall be
Two Hundred Fifty Dollars ($250,00)
per day for each day, or part thereof,
such failure occurs ,orcontinnes.
(8) Eachviolatiopof !lJl.y'provision oC
this Franchise shall be,considered a
separate violation for which,a separate
penalty can beimpolied, bl,lt in 'no event
shall the City or Commissiom~.
mum daily penaltyexcee40ne 'fPlIu-
sand Dollars ($l"OOO,OO).perAAY.!, ,',
D. Whenever City or ComTl'li\l"illJ:liinds
that Grantee bas violat;eq ope 9J:'.more
terms. conditio~',orpl'Qvi.!lion!! ,this
Franchise. a written. 'potice,. .,h.,allhe
given to Grantee J~onIling jtpf~ch
violation. At any time!lol\eftwe~ty
dayll following . local" ~ipt,pf ~tice
proVided Grantee ~JIl~i!Jsin.y;iq~!l1;ion
of one 01' mol'e.tenna,coQ.c!itipn@or
provisions o(1;his FranclPs~jin~h@80le
! opinion ofCityorpommis!lion.Gj1;y;llI
t "'" .
"'. ,n
. '.*~'days
~ioe,. l\AtifyCity III
a there is a dispute as
to whether a vio~tion or failure has, in
'.f!lct. occ:urred..Such notice by Grantee
,; to. ,~~t'y~"'Co~m;Rsion 'shan~specify
",'witli. plU'bicu,laritY'thematters disputed
by Grantee.,""';,' ,,0",;,,,.' '."l.""
(1) City or Commission shall hear
Grantee's dispute at the next regularly
scheduled Council. or Commission
meeting. . City or Commission shall
supplement the Council or CommiRsion
decision with written findings of fact.
(2) Upon determination by City w:
CommiRsion that no violation has taken
place. Gity or Commission shall refund
to Grantee without interest all monies
drawn from the Letter of Credit by
reason of the alleged violation.
F. If said Letter of Credit or any sub-
sequent Letter of Credit delivered pur-
suant hereto expires prior to 15 months
after the expiration of the term of this
Franchise. it shall be renewed or re-
placed during the term of this Fran.
chi~ to provide that it will not expire
earlier that 15 months after the expira-
tion of this Franchise. The renewed or
replaced Letter of Credit shall be on the
same form and with a bank authorized
herein and foJ:'. the full amount stated in
. paragraph A of this section. Failure to
renew or replace the Letter of Credit
shall be grounds Cor termination of this
Franchise. '
G. If City or Commission draws upon
the Letter of Credit or any subsequent
Letter of. Credit delivered pursuant
hereto, in, whole or in part, Grantee
shall replace the same within fIfteen
. days and shall deliver to City ~
miWIm. a like replacement Letter of
"Credit for the full amount stated in
. paragj'liph A of this section' as a substi-
. t'Util)u of.the previous Letter of Credit.
H. If'any Letter of Credit is not so
replacecl,9ityorCommission may draw
on said Letter of Credit for the whole
amount thereof and hold the proceeds
without interest. and use the proceech
to pay costs incurred by City ~
miWIm. in. performing and paying for
any or all of the obligations. duties and
responsibilities of Grantee under this
Franchise that are not performed or
paid for by Grantee pursuant hereto
including attorneys' fees incurred by
City or Commission in so performing
and paying, The failure to replace any
letter of Crec!it may also. at the .option
of the City or Commission be deemed a
default by Grantee under this fran-
chise. The drawing on the Letter of
Credit by City or Commission and use
of the money so obtained for payment or
performance of the obligations. duties
and responsibilities of Grantee which
are in default. shall not be a waiver or
release of such default.
.1. The collection by City or Commis-
~ of any damages. monies or penal-
tIes from the Letter of Credit shall not
affect any other right or remedy avail-
able to City or Commission nor shall
any act. or failure to act. by City w:
Commission pursuant to the Letter of
Credit, be deemed a waiver of any right
of City or Commission pursuant to this
franchise or otherwise.
Passed and adopted this 26 day of
February. 1990.
. City of Elk River
By James A. Tralle. mayor
ATTEST:
By Sandra A. Thackeray
City Clerk
(Mr14)
"
)
)ss.
COUNTY OF SHERBURNE)
llf)f\ ~
being duly sworn, on oath says tha he/she is the publisher 0;
authorized agent and employee of the publisher of the newspa-
per known as The Elk River Star News, and has full knowledge
of the facts which are stated below:
(A) The newspaper has complied with all the requirements
constituting qualification as a qualified newspaper, as provided
by Minnesota Statute 331A02, 331A07, and other applicable
laws, as amended. .
(B) The printed O~A/U"SU 1(1) ,
qo-~
which is attached was cut from the columns of said newspaper,'
and was printed and published once each week, for ~_
cessive weeks; it was fust published on Wednesday, th~ -
day of YVt ~, 19qD , and was thereafter
printed and published on every Wednesday to and including ,
Wednesday, the_ day of 19 .
'-'
and printed below is a copy of the lower case alphabet from A to
Z, both inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication of the
notice.
a b cd e fg h ij kl m n op q rs t u v wxy z
BY: ~~ It
TITLE:
~
/ l./--M
day of
Subscribed and sworn to before me on this
"YV\cvveJv qO
,19_.
~Am
Notary Publici
~~c~
~------
~ ":;;;;~;:'::"" ~'!~
<j, )".. ..:\ CINDY M ,., , /I 'f
' \ '~:.' .~' \' . '" ,. .,;;,,:~~:~ ~ ::
\"~J2' - ~ ' AIIIOKA t:OUN'r);' r" "
. , ,"N y eom"'i$sioh r../llta. J ;
JlfH! to. '9&~~ '.
~~'NJ,
$ a ft,5.5Q
$ 1S(p/1Y-
$ 15(o.Cjy_
(1)
RATE INFO
Lowest classified rate paid by
commercial users for comparable
space
Maximum rate allowed by law for
the above matter
Rate actually charged for the
above matter
(2)
(3)