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December 22, 1980
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December 22, 1980
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Minutes - Date
12/22/1980
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Session 1265, Minutes Page 7 <br />December 22, 1980 <br />councilmembers and the City Attorney feeling that the City had the inspection rights <br />being discussed. Mr. Kelley moved the following amendment, to be subparagraph f) <br />under Article II, Section 4: "During construction and thereafter, from time to time <br />during the life of the franchise, the City or its delegate shall have the right to <br />conduct all reasonable inspections of construction or installations, and to make any <br />tests that are reasonably necessary to determine compliance with the system, with <br />all standards prescribed by this ordinance or by the Federal Communications Commis- <br />sion." Mr. Sabol seconded the motion. Mr. Adams thought the amendment should be <br />referred to University City's cable television consultant. Mr. 011endorff said that <br />was not necessary and that although he and others felt it was not necessary to put <br />the specific language Mr. Kelley wants into the ordinance (feeling it is already <br />implied), he did not have any objection to its being in the ordinance. It was <br />brought out that there would not be a change in the entity paying for the tests -- <br />that is, the company would pay for them during installation, and the City. would pay <br />for them thereafter. Mr. Kelley said his amendment did not amend or eliminate Sec- <br />tion 6 d) on page 23, which requires the company, upon receipt of complaints, to <br />hire an independent engineer to supervise tests on the system. It simply gives the <br />City the right to test the company's system at'any time. The roll call on the amend- <br />ment was as follows: AYES: Councilmembers Metcalfe, Kelley, Sabol, Thompson, and <br />Mayor Mooney. NAYS: Councilmembers Adams and Lieberman. The amendment passed by <br />a vote of five to two. Mr. Kay suggested that Mr. Schleyer look over the amendment <br />to see if the company felt it was a substantial change. <br />Mrs. Metcalfe suggested that since the Council has had the bill for only three weeks, <br />councilmembers and perhaps others might like to provide some input and suggest some <br />changes. She felt the Council should not be in a hurry to pass this bill, since <br />there is a great deal to digest. <br />Mr. Kelley questioned the length of the initial subscriber rates (page 49), feeling <br />that under some circumstances it may be less than four years. Mr. 011endorff re- <br />minded him that the original agreement with the company when the franchise was award- <br />ed was for two years, and the present length is much longer. <br />Mr. Kelley asked about the provision that guarantees the rate in University City to <br />be equal to or lower than any other rate in St. Louis County. Mr. 011endorff said <br />that is covered by the factors to be considered by the City Council during the rate <br />review. He said it was very difficult to write, since each cable television pack- <br />age of services in each municipality is slightly different than any other package. <br />He noted that if Mr. Kelley proposed an amendment changing that section, it would <br />have to be renegotiated with the company. Mr. Kelley said he was concerned and <br />would return to this subject shortly. <br />Mr. Kelley said he did not understand Article II, Section 12 e), page 32, which has <br />to do with two-way capability. It was brought out that this section was written by <br />the cable television consultant. In the same paragraph, Mrs. Metcalfe wished to <br />know specifically what "reasonable number of subscribers" meant. Mr. 011endorff <br />said this paragraph was not in the original proposal from the company, but it was <br />felt it should be included to provide for a two-way capability in the future, and <br />the company agreed. Mr. Kelley wished to know if the money required to install <br />two-way capability would come from the $900,000 the company is to provide for new <br />developments. Mr. 011endorff said if the company puts two-way in on its own, it <br />would not come from the $900,000; however, if the City requires that it be put in, <br />
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