ORD1990674AMENDED
0RDIN.RNCE NO. 674
COMMON COUNCIL - CITY OF MUSKEGO
AN ORDINANCE TO AMEND CHAPTER 12,
SECTION 12.19(4)(a)(3), SECTION 12.19(4)(b)(2),
SECTION 12.19(6)(a)l, SECTION 12.19(6)(a)l,
SECTION 12.19(7)(a)5, SECTION 12.19(7)(a)7,
SECTION 12.19(7)(~)6, SECTION 12.19(7)(e)l,
SECTION 12.19(13)(a)5, SECTION 12.19(13)(a)6
and SECTION 12.19(16) OF THE MUSKEGO MUNICIPAL CODE
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY,
WISCONSIN, DO ORDAIN AS FOLLOWS:
SECTION 1: Chapter 12, Section 12.19(4)(a)(3) of the
Municipai Code of the City of Muskego is hereby amended to delete
the last sentence of said paragraph and add in its place the
following:
"The Grantee agrees to and shall install and furnish
CAV service to all residents of the City with a
density of twenty (20) homes per cable mile. Service
to other areas shall be done on a cost-sharing basis."
SECTION 2: Chapter 12, Section 12.19(4)(b)(2) of the
Municipal Code of the City of Muskego is hereby amended to delete
the following:
"Under no circumstance shall any valuation be made
for 'good will' or for any right or privilege
granted by this franchise Ordinance."
SECTION 3: Chapter 12, Section -12.19(6)(a)1 is hereby
amended to delete the second sentence of said paragraph and
replace it with the following:
"The Grantee shall file with the Common Council
within thirty (30) days after expiration of each
September 30 and December 31, during the period this
fiscal quarter ending on March 31, June 30,'
showing in detail the annual gross receipts of the
franchise shall be in force, a financial statement
Grantee during the preceding quarterly period."
SECTION 4: Chapter 12, Section 12.19(6)(a)l is hereby
further amended to delete the last sentence of said paragraph and
add in its place the following:
"The Grantee shall also file within ninety (90) days
Grantee an annual report signed by an officer of
following the conclusion of each fiscal year of the
Warner Cable Communications, Inc. showing the
c . .?
and any further relevant financial information in yearly total gross receipts and payments to the City
regard to the company as may be required by the City."
SECTION 5: Chapter 12, Section 12.19(7)(a)5 is hereby
amended to delete this secti'sn in its entirety and replace it
with the following:
"Warner Cable Commu:nications, Inc. will provide a
rate for requested service upon which a determination
will be made by the Common Council as to if the
service should be provided."
SECTION 6: Chapter 12, Section 12.19(7)(a)7 is hereby
amended to delete this sectim2n in its entirety as follows:
to any municipality served by the Grantee within
"Modification of se:cvices offered and/or provided
the Milwaukee Metropolitan area shall also be
offered to the City. Such offer and/or provision
of service shall be tendered within one year of its
Grantee. The City ;shall not be obligated to accept
first being provided to any municipality by the
such of fer without #due considerat ion. "
SECTION 7: Chapter 12, Section 12.19(7)(~)6 is hereby
amended to delete this section in its entirety as follows:
"The Grantee shall provide reasonable technical and
programming assistance to parties programming on the
Grantee's cable system."
SECTION 8: Chapter 12, Section 12.19(7)(e)1 is hereby
amended to delete this section in its entirety and replace it
with the following:
"The Grantee shall inaintain at least one payment
center in the City in a location convenient to the
public."
SECTION 9: Chapter 12, Section 12.19(13)(a)5 is hereby
amended to delete this section in its entirety and replace it
with the following:
"Copies of all petitions submitted by the Grantee to
the Federal Communications, or any other federal or
state regulatory coinmission or agency having
jurisdiction in respect to any matter affecting cable
operation shall also be submitted upon request to the
City by filing the same with the City Clerk."
SECTION 10: Chapter 12, Section 12.19(13)(a)6 is hereby
amended to delete this section in its entirety and replace it
-2-
i- .. with the following:
"Warner Cable Communications, Inc. will maintain
records of those sulxcriber complaints and requests
for service which it has received, the time of such
reception, and the time at which it responded to said
subscriber complaints and request for service for at
will be responded to in written form, upon request."
least one year. Complaints forwarded by an alderman
SECTION 11: Chapter 12, Section 12.19(16) is hereby
amended to delete this section in its entirety.,
SECTION 12: The several sections of this ordinance are
declared to be severable. If any section or portion thereof
shall be invalid, unlawful, ,3r unenforceable, such de<ision shall
apply only to the specific s,ection or portion thereof'directly
specified in the decision, a:nd not affect the validity of all
which shall remain in full fm3rce and effect. Any other
other provisions, sections, portions thereof of the ordinance
this ordinance are hereby re;?ealed as to those terms that
ordinances whose terms are i:n conflict with the provisions of
conflict.
SECTION 13: This Ordin,?,nce shall take effect immediately
upon passage and posting or :?ublication as provided by law.
This Ordinance passed Chis 27th day of March , 1990.
CITY OF MUSKEG0
WAYNE G. SALENTINE, Mayor
ATTEST :
JERN K. MARENDA, Clerk
Published or posted on the " 5th day of April .-, 1990.
-3-
\
COMMON COUNC!IL - CITY OF MUSKEGO
ORDINANCE NO. 674
SECTION 12.19(4)(b)(2),
SECTION 12.19(7)(a)7,
SECTION 12.19(6)(a)lt
SECTION 12.19(7)(e)l,
ORDINANCE TO AMEND CHAPTER 12,
SECTION 12.19(13)(a)6
MUSKEGO MUNICIPAL CODE
THE COMMON COUNCIL OF TIE CITY OF MUSKEGO, WAUKESHA COUNTY,
WISCONSIN, DO ORDAIN
SECTION 1: 12.19(4)(a)(3) of the
Municipal Code of o:E Muskego is hereby amended to delete
the last sentence of pa:ragraph and add in ita place the
following: \ "The Grantee agrees,to and shall install and furnish
CAV service to all /K,esidenta of the City with a
to other areas shall be done on a cost-sharing basis.
density of twenty (20) homes per cable mile. Service
I1
of the
to delete
"Under no any valuation be made
replace it with the following:
Warner Cable Commmications, Inc. showing the
and any further relevant financial information in yearly total gr 98 receipts and payments to the City
regard to the co parly as may be required by the City."
"Warner Cable Commulications, \ Inc. will provide a
rate for requested : pon which a determination
will be made by the ouncil as to if the
service should be pl
SECTION 5: Chapter 1 , Section 12.19(7)(a)5 is hereby
amended to delete this sectic~n in its entirety and replace it
with the following:
SEmION 6: Chapter 12 , 12,19(7)(a)7 is hereby
amended to delete this sectic entirety as follows:
"Modification of eel fered and/or provided
to any municipality y the Grantee within
the Milwaukee Metro]
offered to the City
of service shall be
first being provide(
Grantee. The City : ted to accept
such offer without
SECTION 7: Chapter 12,
amended to delete this sectil as follows:
"The Grantee shall ] technical and
programming assistal ramming on the
Grantee's cable sys,:em."
SECTION 0: Chapter 12,
with the following:
amended to delete this aectit and replace it
"The Grantee shall
center in the City
public."
SECTION 9: Chapter 12, Section 2.19(13)(a)5 is hereby
amended to delete this section in its f entirety and replace it
with the following:
"Copies of all petitions submitted by the Grantee to
the Federal Communications, or any other federal or
state regulatory commission or agency having
operation shall also be submitted upon request to the jurisdiction in respect to any matter affecting cable
City by filing the same with the City Clerk."
SECTION 10: Chapter 12, Section 12.19(13)(a)6 is hereby
amended to delete this section in its entirety and replace it
-2-
with the following:
"Warner Cable Communications, Inc. will maintain
records of \those subscriber complaints and requests
for service, which it: has received, the time of such
reception, and the kime at which it responded to said
subscriber domplaints and request for service for at
Least one ye r. Cornplaints forwarded by an alderman
will be resp ded to in written form, upon request."
SECTION 11: Chapter 12, Section 12.19(16) is hereby
amended to delete this ection in its entirety and replace it
with the following:
"The Grantee's t roposal as indicated in the document
dated the I 19 is hereby
into this Ordanance and 7
of this Ordinance. All
representation ma by-the Grantee in the Grantee's
proposal shall be equired to be performed or
provided by the ntee, and any failure by the
Grantee to any act or provide any service or
a violation
equipment proposal shall be
SECTION 12: ordinance are
declared to be thereof
shall be shall
directly
conflict.
This Ordinance passed this \, day of , 1990. \ CITY OF MUSKEG0
\
WAYNE G. SALENTINE, Mayor
ATTEST :
JEAN K. MAREXDA, Clerk
PublishQd or posted on the day of , 1990.
-3-
" .... - I .... - - ......
) ss.
Milwaukee County )
... - - - ~. .........
dolt, depose and say that he is an authorized representative of
The.. Nu.sJ(.e.w. .SUI). ........................
..; ~,,: ., . . AMENDED >. 'c
+"ON COUNCIL - .cry+ OF(-
,.'
MUSKEG0
AN ORDINANCE TO AMEND CHAPTER: ORDINANCE NO. 674
12, SECTION 12.19(4)(a)(3), SECTION
12,19(4XbX2). SECTION 12.19(6Xa)l. SEC-
TION 12.19(6)(a)l SECTION 12.19(7Xa)5,
SECTION 12.19(7)(a)7, SECTION
TION 12.19(13Xa)5. SECTION 12.19(13Xa)6
12.19(7XcE, SECTION 12.19(7Xe)l, SEC-
and SECTION 12.19(16) OF THE
MUSKEGO MUNICIPAL CODE
OF "CEG0, WAUKESHA COW,
THE COMMON COUNCIL OF THE CITY
WISCONSIN. DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 12, Section
City ofMuskego is hereby amended to delete
12.19(4XaX3) of the Municipal Code of the
the 1st Sentence of said paragraph and add
in its place the following:
The Grantee agrees to and shall install
and furnish CAV service to all residents of
the city with a density of twenty (20) homes
be done on a cost-sharing basis."
per cable mile. Service to other areas shall
12.19(4XbX2) of the Municipal Code of the
SECTION 2: Chaper 12, Section
the followina: City ofMuakego is hereby amended to delete
. ...............
~ . CrrUOFMlJSKEM, a ntwspapet published at.. Muskeg4
.'. ,,~- ....... offip@=&iotice jl.. .~ ,.,
I.
,>
I; Wisconsin and that'an advertisement of which the annexed is a
.. UI ~-, :i !rut copy, taken from said paper. was published therein on
......................
........................
.................. 5 29qo.. .....
........................
......................
. ...............
....
BOOKKEEPER,
tion be made for 'gmd will' or for any =ight or
"Under no circmstance shall any valua-
Privilege granted by this franchise Ordi-
nance."
SECTION 3: Chapter 12, Section
12.19(6XaJI is hereby amended to delete thd
second sentence of mid paragraph and
replace it with the following:
The Grantee shall file with the Common
Council within thirty (30) days aRer expim.
&On Of each fmd quarter ending on March
h, ' June 30. September 30 and December 31,
.&ring the period this franchise shall be in
form. a finanaal statement ,ahowing in
detail the annual gross receipte of the Grantee during the preceding quarterly
Period."
12.19(6Ma)I is hereby further amended to
"SECTION 4: Chapter 12, Section
delete the last sentence of said paragraph
yd add in its place the following:
:::The Grantee shall'also fde.ethin ninay
fiseal year of the Grantee an mud report
(90) days following the mnclusiah bf &a&
Communieationm, Inc. showing the yearly
signed by an ofiicer of Warner Cable
total gross receipts and payments to the City
and any further relevant fmancid informa-
tion in regard to the mmpany as may be
required by the City."
12.19(7Xa)5 is hereby amended to delete this
SECTION 5: Chapter 12, Section
follnarino.
section in ita entirety and replace it with the
......... 0. Warner Cable Communications, Inc. will
provide a rate for requested service upon
Common Council as to if the service should
which a determination will be made by the
ha "rnvid*rl"
:Subscribed and sworn to before me this ... .SA. .. day
J
My Commission expires .
12,19(7Wa)7it~herebyamendedtodeletethis
SECTION 6: Chapter 12. Section
section in its entirety as follows:
provided to any municipality served by the
modification of services offered and/or
Grantee with In the Milwaukee Metropolitan
ares shall alra be offered to the City. Such
offer and/or provision of service ahall be
tendered witllin one year of its first being
provided to rmy municipality by the Gran-
tee. The City shall not be obligated to accept
such offer wi\;hout due eoneideration." SECTION 7: Chapter 12. Section
12.19(7Xc)6 i;; hereby amended to delete this
section in its entirety as follows:
technical and programming assistance
me ~~~,te~ shall provide reasonable
programming on the Grantee's cable
system."
12.19(7Xe)I is hereby amended tu delete this
SECTION 8: Chapter 12.. Section
in its entirety and replace it with the
r
fallowing:
payment center in the City in a loeation
'The Grantee shall maintain at least one
convenient t3 the public."
12,19(13Xa)!i is hereby emended to delete
SECTIOEI 9: Chapter 12. Section
this section in its entirety and replace it with
<q la Q?
12.19(13Xa)6 is hereby amended to .delete
thk,sfftion, in its entirety and replace it with
the,follouing:
Wamqr Cable Communiiations, Inc. will
maintain records of those subscriber corn-..
plaints and requests for service which it has
time at which it responded to said subscriber
received, the time of such reception, and the
complaints and request for service for at
least one year. Complaints forwarded by an
alderman will be responded to in written
form, upon request."
is hereby amended to delete this section in
its entirety.
SECTION 12: The several sections of this
ordinance are declared to be severable. If
any section or portion thereof shall be
decision shall apply only to the specific
invalid. unlawful. or unenforceable. such
section or portion thereof directly specified
in the decision, and not aRect the validity of
all other provisions, sections, or portions
thereof of the ordinance which shall remain
in full forre and effect Any other ordinances
whose terms are in conflict with the
provisions of this ordinance are hereby
repealed as to thase terms that mnilict.
SECTION 13: This Ordinance shall take
effect immediately upon passage and post-
ing or publication as provided by law.
This Ordinance Dassed this 27th dev of
4"- \
SECTION 11; Chapter 12, Section 12.19(16)