Loading...
HomeMy WebLinkAbout6.c. Franchise Ordinances Summary Publications � R�S��✓IOLINT EXECUTIVE SUMMARY CITY COUNCIL City Council Regular Meeting Date: September 16, 2014 AGENDA ITEM: Franchise Ordinances Summary AGENDA SECTION: Publications Consent PREPARED BY: Clarissa Hadler, City Clerk AGENDA NO. �r. ATTACHMENTS: Draft Resolutions approving summary APPROVED BY: publications of Ordinances 2014-03 and 2014-04 RECOMMENDED ACTION: Motion to approve the RESOLUTION APPROVING SUMMARY PUBLICATION OF ORDINANCE NO. 2014 — 03 and Motion to approve the RESOLUTION APPROVING SUMMARY PUBLICATION OF ORDINANCE NO. 2014 - 04 SUMMARY The recendy passed Franchise Ordinances for Velocin� and Centerpoint Energ�� are required to be published in the official newspaper. The size of such documents makes this publication cost prohibiti�re. Minnesota Statute 412.191, Subd. 4. allows for the publication of a "title and summary", the tezt of�vhich must first be approved by Council. The attached Resolutions have been revie`ved and approved by City r�ttorney Mary Tietjen. RESOLUTION NO. 2014 - RESOLUTION APPROVING SUMMARY PUBLICATION OF ORDINANCE NO. 2014 - 03 WHEREAS, the City has adopted the above referenced ordinance; and WHEREAS, the verbatim text of the ordinance is cumbersome, and the expense of publication of the complete text is not justified; and WHEREAS, Minnesota Statutes §412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the following summary clearly informs the public of the intent and effect of the ordinance. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Rosemount that the following summary is hereby approved for official publication in lieu of the entire ordinance: SUMMARY PUBLICATION ORDINANCE NO. 2014-03 AN ORDINANCE REPEALING ORDINANCE NO. XI.23 AND AS AMENDED BY ORDINANCE NO XI.31 AND GRANTING A CABLE FRANCHISE TO VELOCITY TELEPHONE, INC, DBA GIGABIT MINNESOTA, TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE SYSTEM IN THE CITY OF ROSEMOUNT, SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE CABLE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE CABLE SYSTEM AND THE PUBLIC RIGHTS-OF-WAY, AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN; On July 1, 2014, the Rosemount City Council adopted an ordinance designated as Ordinance No. 2014-03, the title of which is stated above. The ordinance repeals Ordinance XI.23, which granted F.T.T.H. Communications, L.L.C. a cable franchise and grants the remainder of the 15 year franchise term to Velocity Telephone, Inc. The ordinance establishes requirements for operation of the system and delivery of cable services, imposes a franchise fee, and generally sets forth the conditions required for cable franchises under Minnesota Statutes, Chapter 238. Copies of the ordinance are available for public inspection in the office of the City Clerk during normal business hours or upon request by calling 651-322-2003. /s/ Clarissa Hadler, City Clerk BE IT FURTHER RESOLVED, that the City Clerk is directed to keep a copy of the ordinance in her office at City Hall for public inspection and to post a full copy of the ordinance in a public place in the City for a period of two weeks. RESOLUTION NO.2014- Adopted by the City Council of the City of Rosemount, Minnesota this 16th day of September, 2014. William H. Droste, Mayor ATTEST: Clarissa Hadler, City Clerk 432854v1 MDTNE136-8 RESOLUTION NO. 2014 - RESOLUTION APPROVING SUMMARY PUBLICATION OF ORDINANCE NO. 2014 - 04 WHEREAS, the City has adopted the above referenced ordinance; and WHEREAS, the verbatim text of the ordinance is cumbersome, and the expense of publication of the complete text is not justified; and WHEREAS, Minnesota Statutes §412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the following summary clearly informs the public of the intent and effect of the ordinance. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Rosemount that the following summary is hereby approved for official publication in lieu of the entire ordinance: SUMMARY PUBLICATION ORDINANCE NO. 2014-04 AN ORDINANCE GRANTING CENTERPOINT ENERGY RESOURCES CORP., d/b/a CENTERPOINT ENERGY MINNESOTA GAS ("CENTERPOINT ENERGY"), ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC GROUNDS OF THE CITY OF ROSEMOUNT, DAKOTA COUNTY, MINNESOTA, FOR SUCH PURPOSE; AND, PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF. On September 2, 2014, the Rosemount City Council adopted an ordinance designated as Ordinance No. 2014-04, the title of which is stated above. The purpose of the ordinance is to grant Centerpoint Energy a franchise regarding the provision of gas energy and services within the City. The ordinance sets out the rights of the company to provide, distribute, and sell gas energy as well as its obligations to the City. The City retains the authority to require payment of a franchise fee and the restrictions contained in the ordinance relate to, but are not limited to, placement of facilities in streets, relocation of gas facilities, and abandonment of facilities. Copies of the ordinance are available for public inspection in the office of the City Clerk during normal business hours or upon request by calling 651-322-2003. RESOLUTION NO.2014- /s/ Clarissa Hadler, City Clerk BE IT FURTHER RESOLVED, that the City Clerk is directed to keep a copy of the ordinance in her office at City Hall for public inspection and to post a full copy of the ordinance in a public place in the City for a period of two weeks. Adopted by the City Council of the City of Rosemount, Minnesota this 16th day of September, 2014. William H. Droste, Mayor ATTEST: Clarissa Hadler, City Clerk 432854v1 MDT N�136-8