04-158Council File # Q ' t5g
5�,.bs�w,.�, a�s�o�
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To
Committee Date :
��
1 An legislative ordinance to amend Saint Paul Legislative Code Chapter 430, Cable
2 Communications Service, to facilitate title changes.
4 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1
8 Section 430, Cable Communications Service, of the Saint Paul Legislative Code is hereby
9 amended to read as follows:
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Sec. 430.037. Procedure upon determination of violation.
(a) Notice, remedy. Whenever the cable communications officer shall find that the company
has violated one (1) or more of the terms, conditions or provisions of section 430.036, a
written notice shall be sent to the company by registered mail, return receipt requested,
informing them of such violarion or violations. Such notice sha11 be entitled a"Violation
Notice." The company may remedy violations of subsections (1) through (3) of section
430.036 within three (3) days of tender of the registered letter bearing the "Violarion
Notice." If the company fails to remedy the violation within three (3) days after tender of
the registered letter, penaities shall be assessed in accordance with the provisions in
section 430.036 and paragraph (b) of this section.
Violation of section 430.036, subsections (4) through (7) shall not be subject to remedy
and shall be assessed from the first day of occurrence.
(b) Disputed violation, hearing; findings. The company may, within ten ( 10) days of the
tender of written notice as provided for in paragraph ( a), notify the cable
communications officer by registered mail that ( i) there is a dispute as to whether or not a
violation has, in fact, occurred or that a penalty is owed; or (ii) the violation has been
cured and all amounts owed have been paid. Such notice shall specify with particularity
the matters disputed by the company, and the basis for any claims made by the company
as to support any claim that the default has been cured.
The cable communications officer shall, upon receipt of the company's letter, cause the
matter to be referred to the city council for a hearing if there is a dispute under (i), or the
cable communications officer is not satisfied that the cure is complete. A hearing shall be
held within thirty (30) days of receipt of the company's letter by the council (or a P � S �
Ordinance #
Green Sheet # 0 � �0�
MaR 25'OA
committee thereo fl or, if mutually agreed to by the parties, by an independent hearing V�� i5 v
examiner appointed by the council to determine if there is reason to believe the company
has committed a violation of section 430.036 or to determine whether the violation has
4 been cured. After the hearing and review of the committee's report or hearing exatniuer's
5 report, the council shall detemrine if there is reason to believe the company has
6 committed a violation of secrion 430.036, and whether the violation has been cured, and
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shall make written findings of fact relative to their determination.
(c) Satisfaction ofpenalties. Upon a determinarion by the council that there is reason to
believe a violation has taken place or has not been cured (with all amounts owed paid); or
in the event the company chooses not to dispute the finding of the cable communications
officer, the city director of the office of technology shall
immediately make withdrawals against the letter of credit provided for in the franchise
ordinance in accordance with the penalties specified for such violations in section
430.036. The city director of the office of technology may
continue to make withdrawals without fiirther authorization from the city council until the
company has satisfactorily remedied the term, condition or provision violated.
Section 2
Section 430, Cable Communications Service, of the Saint Paul Administrative Code is hereby
amended to read as follows:
Sec. 430.051. Payment.
(a) Each company shall pay to the city a franchise fee of five (5) percent of gross revenues.
Each franchise shall permit the city to increase the franchise fee to the masimum that may
be charged consistent with state and federal law, should the federal law limit change ar be
eliminated. However, the city shall not increase the franchise fee charged to a company
except after providing that company ninety (90) days advance written notice, and
providing that company the opportunity to comment on the proposed change within that
ninety-day period. Payments shall be made on a quarterly basis. The installment payment
for each quarter shali be due no later than forty- five (45) days after expiration of the
quarter when due and shall be made to the city deparhnent off ce of technology �
, ar such other department as the city may designate. A franchise
may exclude bad debt from gross revenues.
(b) A franchise may provide far advance payment of franchise fees. The city shall use all
advance franchise fees only for cable-related purposes. All other franchise fees collected
by the city shall be utilized primarily to support the city's administration of the franchise
ardinance and the planning and development of cable services and secondarily for deposit
in the general fund or for other such uses as specified by the city.
(c) The franchise fee payment is not a payment in lieu of any taac, fee or other assessment
except as specifically provided in a franchise, or as required by applicable law.
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Section 3
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That this ordinance revision shall take affect and be in force thirty (30) days after its passage,
approval and publication.
Requested by Department of:
By:
B y : ��
Approved by
By: �
Date �� '
...___". . ...,r ' _...._,--•
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Form ppr ed by City rney
By:
Appr by Mayor for Submission to Council
By;/ /
J:.`.��. '..� ;(r�.
Adoption Certi�ied by Council Secretary
'� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
�
t���t5�
Departmentloffice/council: Date Initiate[I:
MO — Mayrn's0ffice ��-��-� Green Sheet NO: 3010366
CoMact Person & Phone:
Deoartment Sent To Person InitiallDate
Reyne Rofuth 0 a or•s Office
26G8710 Assign 1 a or's Otiice
Must Be an Council qqenda by (Date): Number 2 ouncil
For
Routing
Order
ToWI #of Signature Pages _(Clip All Locations for Signature)
Actian Requested:
Changes to Admiuistrarive Ordinance, Chapter 430
Recommendations: Approve (A) or Reject (R): ' Personal Service Contracts Must Answer the Following Questions:
Planning Commissio� 1. Has lliis person/firm everworked under a contract for this departmenl?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
� � 3. Does this person/firtn possess a skill not nOrmally possessed by any ,�
- � �, curtent city employee?
Yes No
Explain all yes answers on separefe sheet and attach to green sheet
lnitiating Problem, Issues, Opportu�ity (Who, What, When, Where, Why):
Adnunistrative Ordinance Code changes to Chapter 430. See attached.
AdvanWqes If Approved:
See above
DisadvaMages If Approved: �
None.
Disadvantages If Not Approved:
Changes not xnade.
Total Amount of � CosURevenue Budgeted: c
Trensadion: �;�°� ��?;'��°f`� ���_'�§
Funding Source: ActivitY Number:
Financiallnformation: IJ�� G 9 2�UY
(Explain)
Council File # V�l �,� p
Ordinance #
Green Sheet # d b (p
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To
1 An administrative ordinance
2 Communications Service, to
4 THE COUNCIL OF
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Section 430, Cable Communications
amended to read as follows:
Sec. 430.037. Procedure upon
Committee Date :
Saint Paul Administrative Code Chapter 430, Cable
title changes.
CITY OF SAINT PAUL DOES ORDAIN:
Section 1
of the Saint Paul Administrative Code is hereby
violation.
(a) Notice, remedy. Whenever the cable co icati
has violated one (1) or more of the terms, co itic
written notice shall be sent to the company by g
informing them of such violation or violations.
Notice." The company may remedy violations of I
430.036 within three (3) days of tender of the regi
Notice." If the company fails to remedy the violat
the registered letter, penalties shall be assessed in
section 430.036 and paragraph (b) of this section.
> officer shall find that the company
or provisions of section 430.036, a
�red mail, return receipt requested,
notice shall be entitled a"Violation
sections (1) through (3) of section
red letter bearing the "Violation
ithin three (3) days after tender of
;o dance with the provisions in
Violation of section 430.036, subsections (4) through (7) s 11 not be subject to remedy
and shall be assessed from the first day of occurrence.
(b) Disputed violation, hearing; findings. The company may, within n( 10) days of the
tender of written notice as provided for in paragraph ( a), notify th cable
communications officer by registered mail that ( i) there is a dispute to whether or not a
violation has, in fact, occurred or that a penalty is owed; or (ii) the vi ation has been
cured and all amounts owed have been paid. Such notice shall specify ith par[icularity
the matters disputed by the company, and the basis for any claims made y the company
as to support any claim that the default has been cured.
The cable communications officer shall, upon receipt of the company's lette cause the
matter to be referred to the city council for a hearing if there is a dispute unde i), or the
cable communications officer is not satisfied that the cure is complete. A hearin shall be
held within thirty (30) days of receipt of the company's letter by the council (or a
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committee thereo fl or, if mutually agreed to by the parties, by an independent hearing �� �l,�U
examiner appointed by the council to determine if there is reason to believe the company
has committed a violation of section 430.036 or to determine whether the violation has
4 been cwed. After the hearing and review of the committee's report or hearing examiner's
5 report, the council shall determine if there is reason to believe the company has
6 comr
7 shall
9 (c)
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a violation of section 430.036, and whether the violarion has been cured, and
written findings of fact relative to their determination.
of penalties. Upon a detemunarion by the council that there is reason to
believe a vi ation has taken place or has not been cured (with all amounts owed paid); or
in the event th company chooses not to dispute the finding of the cable communications
officer, the city ' ector of the office of technology shall
immediately mak withdrawals against the.letter of credit provided for in the franchise
ordinance in accord ce with the penalties specified for such violations in secrion
430.036. The city dir tor of the office of technology ' may
continue to make with wals without fizrther authorization from the city council until the
company has satisfactonl emedied the term, condition or provision violated.
Section 2
Section 430, Cable Communications
amended to read as foliows:
Sec. 430.051. Payment.
of the Saint Paul Administrative Code is hereby
(a) Each-company shall pay to the city a franchis"� fee of five (5) percent of gross revenues.
Each franchise shall permit the city to increase �ie franchise fee to the maximum that may
be chazged consistent with state and federal law,
eliminated. However, the city shall not increase'.
except after providing that company ninety {90)
the federal law limit change or be
�hise fee charged to a company
vance written notice, and
providing that company the opporiunity to comment o�
ninety-day period. Payments shall be made on a quarterl
for each quarter shall be due no later than forty- five (45) i
quarter when due and shall be made to the city department
, or such other department as the city
may exclude bad debt from gross revenues.
proposed change within that
asis. The installment payment
s after expiration of the
> ce of technology �
na desi�nate. A franchise
(b) A franchise may provide for advance payment of franchise fees. Th city shall use all
advance franchise fees only for cabie-related purposes. All other fran ise fees collected
by the city shall be utilized primarily to support the city's administratio of the franchise
ordinance and the planning and development of cable services and secon 'ly for deposit
in the general fund or for other such uses as specified by the city.
(c) The franchise fee payment is not a payment in lieu of any tas, fee ar other asse ment
except as specifically provided in a franchise, or as required by applicable law.
1 Section 3 �/Z�'�V
2
3 That this ordinance revision shall take affect and be in force thirty (30) days after its passage,
4 approval and publication.
Adoption Certified by Council Secretaxy
Requested by Departmen� of:
By:
Porm Ap�yed by City Attorney
By:
By: p
Approved by Mayor: Date
By'
Adopted by Council: Date