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HomeMy WebLinkAbout6.d. Cable Franchise Summary for Publication CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COIJNCIL MEETING DATE: MAY 18, 1999 AGENDA: CABLE FRANCHISE SUMMARY FOR AGENDA SECTION: PUBLICATION CONSENT PREPARED BY: THOMAS D. BURT, CITY ADMIl�TISTRATOR AGEND,A�N�� � � :,; � ATTACHMENTS: RESOLUTION APPROVED BY: City Council approved the Franchise Agreement with Marcus Cable Partners, L.L.C. at the Apri120, 1999 City Council meeting under Ordinance XI.21. A summary was prepared by legal consultant Thomas Creighton, of Bernick and Lifson,P.A. whom worked jointly with the cities of Rosemount, Apple Valley and Farmington. The format of the resolution was established by City Attorney LeFevere in the past. This will allow the public to review the agreement at City Hall for sixty days in the lobby and of course, it is available during normal working hours upon request after that. RECOMMENDED ACTION: MOTION to adopt A RESOLUTION APPROVING A SUMMARY OF ORDINANCE NO. XI.21 AND DIRECTING PUBLICATION AND POSTING THEREOF. COUNCIL ACTION: CITY OF ROSEMOUNT DAKOTA COUNTY, NIINNESOTA RESOLUTION 1999- A RESOLUTION APPROVING A SUMMARY OF ORDINANCE NO.'XI.21 AND DIRECTING PUBLICATION AND POSTING THEREOF WHEREAS, on Apri120, 1999, the Rosemount City Council adopted Ordinance No. XI.21, AN ORDINANCE GRANTING A FRANCHISE TO MARCUS CABLE PARTNERS, L.L.C., A DELAWARE LIMITED PARTNERSHIP, TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE SYSTEM IN THE CITY OF ROSEMOUNT, SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS-OF-WAY, AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN; and WHEREAS, said Ordinance is lengthy, and the City would incur unnecessary expense by the publication of the entire text of the ordinance; and, WHEREAS, City staff has prepared an ordinance summary which the City Council has reviewed and which the Council finds would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Rosemount, Minnesota, as follows: 1. The ordinance summary attached hereto is hereby approved. 2. The City Clerk shall publish the ordinance summary in the official newspaper pursuant to and in accordance with the requirements of Minnesota Statute Section 412.191, Subd. 4; and 3. The City Clerk shall make available a copy of the full text of the ordinance to any person during normal business hours and shall place a copy of the full text of the ordinance for the public to review in the City Hall lobby for a p eriod of sixty (60) days from the adoption of this ordinance. ADOPTED this 18th day of May, 1999. Cathy Busho, Mayor ATTEST: Susan M. Walsh, City Clerk RESOLiTTION 1999 - Motion by: Seconded by: Voted in favor: Voted against: Member absent: 2 RESOLUTION 1999 - EXHIBIT A CABLE TELEVISION FRANCHISE ORDINANCE SUMMARY OF ORDINANCE NO. XI.21 AN ORDINANCE GRANTING A FRANCHISE TO MARCUS CABLE PARTNERS, L.L.C., A DELAWARE LIMITED PARTNERSHIP, TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE SYSTEM IN THE CITY OF ROSEMOUNT, SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS-OF-WAY, AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN; STATEMENT OF INTENT AND PURPOSE The City intends, by the adoption of this Franchise, to bring about the further development of a Cable System, and the continued operation of it. Adoption of this Franch ise is, in the judgement of the Council, in the best interests of the City and its residents. FINDINGS The City Council makes the following findings: 1. The company technical ability, financial condition, legal qualifications, and character were considered and approved; 2. The company plans for constructing, upgrading, and operating the System were considered and found adequate and feasible; 3. The Franchise complies with applicable laws and regulations; and 4. The Franchise in nonexclusive. The specific terms and conditions of the Franchise Ordinance, Sections 1 to 12, and Exhibits are available for review at Rosemount City Hall, 2875 145th Street West, Rosemount, Minnesota 55068-4997 in the lobby for sixty (60) days and on file thereafter. 3 City ot Rosemouat Dakota Couuty,Mimesom CABLE TELEVISION FRANCHISE ORDINANCE SUhIl11ARY OF ORDINANCE NO.XI.ri AN ORDINANCE GRANTING A FRANCHISE TO MARCUS CABLE PARTNERS,l..L.C.,A DELAWARE LIMITED PARTNERSHIP, TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE SYSTEM IN THE CITY OF ROSEMOUNT, SE7TING FORTH CONDITIONS ACCOMPANYING TH6 GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSfEM AND THE PUBLIC RIGHTS-0E- WAY, AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN; SfATEMENT OF INTENT AND PURYOSE The�ty intrnds,by the adop6on of this Franchise,[a bring about the further development of a Cable System,and Ihe contimud operation of it. Adoption of this Franchise is,in the judgement of the Council,in the beu interesa of the Ciry and iu residents. FINDINGS The City Council makes the following findings: 1. The company lecMical abiliry,financial condition, - legal qua�ifications, and character were considered and approved; 2. The company plans for conswc6ng,upgrading,and operuing the System were considered ar�d found adequate and feazibie; 3. The Franchisc complies with applicable laws ard regula[ions;and 4. 1'he Fronchise in ronexclusive. The specific tertns and conditions of the Franchise Ordinance,Sections 1 to 12,and Exhibits are availab�e for review a[Rosemount Ciry Hall,2875 145th Street Wat. Rosemount.Minnesota 55068-4997 in the lobby for sizry (60)days and on file thereafter. 4