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Home My WebLink About6.e. FTTH Franchise RO JEMClUl r 1 EXECUTIVE SUMMARY CITY COUNCIL City Council Work Session Meeting: November 7, 2011 AGENDA ITEM: FTTH Franchise AGENDA SECTION: Discussion PREPARED BY: Dwight Johnson, City Administrator and Kim Lindquist, Community Development AGENDA NO. U- Director ATTACHMENTS: Ordinance Amending the FTTH Cable APPROVED BY: Franchise 2010 -01 RECOMMENDED ACTION: Discussion Item ISSUE In 2010 the City approved ordinance XI.23 modifying the Franchise to FTTH Communications LLC. There were three modifications. The first clarifications of the PEG access programming and the requirement that within 6 months of the franchise transfer the Grantee (FTTH) "will begin cable casting ISDF 196 Channel 10 and will provide or obtain a live video feed or connection from Apple Valley City Hall and cable cast PEG access programming by the Apple Valley, Farmington, Rosemount Cable Commission including Rosemount /Dakota County Channel 22, Apple Valley /Farmington Channel 176 and the public access channel produce by the Cable Commission ". The amendment also required deliverance of a $10,000 Letter of Credit and extension of energized trunk cable to an additional 800 dwelling units within the Area depicted on the attached map by December 31, 2011. RECOMMENDATION Discussion Item. CITY OF ROSEMOUNT COUNTY OF DAKOTA STATE OF MINNESOTA ORDINANCE NO. 2010-01 AN ORDINANCE AMENDING THE FTTH CABLE FRANCHISE, ORDINANCE NO. X1.31 THE QTY COUNCIL OF THE QTY OF ROSEMOUNT, MINNESOTA, ORDAINS as follows: Section 1. Rosemount Ordinance No.XI.31, Section 6, paragraph 1 is amended as follows: Public, Educational and Government Access. d. Grantee will cable cast all PEG access programming produced by the City or Cry's designee. The Grantee will maintain the live video feed from City Hall. In addition, within 6 months of the franchise transfer the Grantee will begin cable casting ISD 196 Channel 10 and will provide or obtain a live video feed or connection from Apple Valley City Hall and cable cast PEG access programming produced by the Apple Valley, Farmington Rosemount Cable Commission including Rosemount/Dakota County Channel 22, Apple Valley /Farmington Channel 16 and the public access channel produced by the Cable Commission. Grantee shall present a plan and timetable for obtaining and cable casting Regional Channel 6. Grantee shall be responsible for the cost of obtaining the foregoing program feeds or connections, and the cost of any equipment necessary to cable cast such programming. Any PEG programming originated from FTTH facilities will be provided to all public buildings Section 2. Rosemount Ordinance No.X1.31, Section 8, paragraph 2 is amended as follows: Letter of Credit. a. At the time of acceptance of this Franchise, Grantee shall deliver to the City an irrevocable and unconditional Letter of Credit, in form and substance acceptable to the City, from a National or State bank approved by the City, in the amount of Ten Thousand Dollars ($10,000.00). [Remainder unchanged] Section 3. Rosemount Ordinance No. XI31, Exhibit C is amended as follows: EXI -IIBIT C Exhibit C is a map showing the location of Grantee's system as constructed as of January 1, 2010. The City and Grantee acknowledge that the Grantee has applied for necessary governmental permits, licenses, certificates, and authorizations in order to construct a system serving the City and that such system construction is underway as of the date of the granting of this franchise. Grantee shall continue to apply for permits associated with work in specific portions of the right -of -way as construction proceeds. Energized trunk cable must be extended substantially throughout the Area depicted on Exhibit B, and installation of an additional 800 dwelling units must be completed by December 31, 2011. Persons along the route of the energized cable must have individual drops as desired during the same period of time. Thereafter, the system shall be extended throughout the remainder of the City consistent with the Franchise and in accordance with Minnesota Statutes, Section 238.084. Construction phases must result in a minimum of installations of service to at least 500 new dwelling units per year after 2011 and the Rosemount Business Park. Upon completion of system constriction, Grantee will extend its system and services in accordance with Section 27 of the Franchise. The requirements herein may be waived by the Gary upon occurrence of unforeseen events or acts of God. The City may only agree to such modifications by amendment to this Franchise. Section 4. Rosemount Ordinance No.X1.31, Exhibit B and deleted and replaced with the following: Insert new current service area map and future service area. Section 5. This Ordinance shall be in effect following its passage and publication. ADOPTED this 19th day of January, 2010, by the City Council of the Gary of Rosemount CITY OF ROSEMOUNT William FL Droste, Mayor ATTEST: 1 CityCle Published in the Rosemount Town Pages this day of , 2010. i . 7-______.........._„_ 1 ( , 6 , ., c-J: ,,__ ,,_--1 Jr . ;--, l � Ei t 4 t ----- - 4 707 -1 r \ - v 7e - --.. .z) Aor .,,,,,,, , /PA i' r#,^41,411' -- IN_ ra IPAL* 0 - a r' "Virit- . / 9 ,i p,,, gioe y 7 .—A LAN , / r ed," le---- - - 7,- -14 41 r e: 7' ;* Pfl • ,/r g o-f,...4„4---0, i ii.. 4 4. 4 r __,,,til 104..--A k ovv-Air ori: za---..-= - A 4, _Ps ' i ird.Loilr&tAr Ai_ A trAp etrarg TAMA 0 I r A A / NOWFA* Or -Wit / ti t i At e% / ir k _A, b. ii P WA" NNW 417% r Al F 4 TIVOIV Pr r ir i r(--AIVA 1 k.:1 r ir4 Lor � Current and Future Service Area 1 Exhibit B 4 ROSEMOUNT , N SPIRIT OF PRIDE AND PROGRESS File: T: \GIS \City \Maps\Base Maps \Streets\Street_1117.mxd, Dec 07, 2007 8.47:13 AM, City of Rosemount