The URL can be used to link to this page

Home My WebLink About8.a. Cable Television Memorandum of UnderstandingI ,� . CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: FEBRUARY 18, 1997 AGENDA: CABLE TELEVISION MEMORANDUM OF AGENDA SECTIO • _ UNDERSTANDING OLD BUSINES : ADD-O PREPARED BY: THOMAS D. BURT, CITY ADNIlNISTRATOR AGENDA NO: �f �+ ATTACHMENTS: MEMORANDUM OF UNDERSTANDING APPROVED BY• I have been meeting regularly with the administrators of Apple Valley, Farmington and Lakeville to discuss cable television franchise agreement renegotiations. Lakeville had previous negotiations and has chosen to continue separately with the option to possible join in at a later date. Rosemount's franchise expires in 1999, however, before you this evening, staff is requesting that we initiate negotiations early and go forward to negotiate jointly with Apple Valley and Farmington. The benefit in doing ttus is cost savings and strength of the four cities ne otiatin to ether. If each cit were to negotiate on their own there would be duplicated costs of attorney fees, g g g Y needs assessments, etc. It is our goal to successfully renegotiate the franchise agreement this year. Within the negotiations we will review right of way agreements and look to ways to improve service to our city. There is an e�sting board established in Apple Valley that we will become a member of and have an equal vote as it relates to the overall negotiation. Any specialized needs of an individual city will be identified and additional cost of this negotiation will be the responsibility of that City. Staff recommends adoption of the Memorandum of Understanding. RECOMMENDED ACTION: MOTION to adopt the Memorandum of Understanding for the Cable Television Franchise Agreement renegotiations with Marcus Cable jointly with the cities of Apple Valley, Farmington, and Rosemount. COUNCIL ACTION: . � • � � �? 1 � ?��i BERN�CK AND LIFSON, P.A. SUITE 1200� THE CDLONNADE �� ; �.. -��_ . ._ SS00 WAYZATA B4ULEVARD MiNNEAPQLIS�MN 3�41b TfiL.(612)346�1Z00 FAX{512)546-1003 _ �.—� /°� ` �' ` � � --- l ; I r =.; ��, TQ: Mr. John F. Erar, City Adm,inistrator, City of Farmi.agton(463-2591) Mr. Charles Grawe, Assistant to City Adminis�ator, City af Apple V�alley (953-Z515) Mr. Thomas Burt, Administrator, City of Rosemouat(423-5203) F1�OM: Thamas D. Creighton, Esq. and.Robert J. V. Vose. Esq. � QIJR FAX NO.: 546-1003 DAZ'E: Fsbruary 1Z, 1997 N4. PA�T�,S 3 (includes cover she�t) Gentl�snea: Please review and call with any quastions Qr changes. 'This messa�e is i�andod oniy far the use of the indiriduai or cadry to which It is eddressed.and may concaiia infarmanon d�at ts prtv;�aged� confi�dential and ezempt�►disclos+u�e under applicabiC tawS. If dK re�der oT thia messa�s io a�t d�e l�oended recfpient,or rha empivycc or agtat n8pansible for dsliverina the mssBa�C to the t�ended recipieat.You ue 6scoby aotlfled that aay disasminaaon,disvfbudon or copying ot tUi.s communiradon is su�icl,�pcalublLed. It you have receivod thia wm�wicadQn ia crror,please noflfy us immmdiately by tcle�one asxt return t6e originai me�e to ua itt the above address via t�e V.S.Poofs�!Servios. Thaek you. 'L0'd NOSdI1 '8 �I�IN2i�9 £�0ti9bSZti9 2@�9Z L66ti—Zti—ZO � MEM4RANDUM OF UI�DERSTANDING T'HIS AG�NT is made as af the day of , 1997, by and between the City of Apgle Valley ("Apple Yalley"), the City of Farnningt�n("Fazrnington"), and the City of Rosemouz�t ("Rosemowat"), collectively referred to herein as the "Cities". _ WAEREAS, the Cities have each individually francbised Marcus Cable {"Marcus") to pravide cab�e television service to each of the Cities; WHEREAS, the Ciries' franchises with Marcus e�ire at nearly the same time; W��REAS,the Cities have�etermined that tt�eir respeetive needs, interests, and cancerns regarding the cable systexa and�enewed.cablo franchise(s), and those of their resgecdve residerrts, are similar and c�uld be joiuttp negotiated; WI�REAS, the Cities recognizc that App1e Vallcy has previous�y organized and convea�aied mcepngs of a Citizen's Advisory Baard ("Board")regarding cable television issues, and said Bo�rd has initiated proceedings, discussions, anci meetings regardi.ng renewal af the cable franch�se for Apgle Va11ey; WFIEREAS, the Cities recognize that the City of Lak�eville is also served by Marcus and �s currently invalved in fra�chise ren�wal n�gotiations; WHE1tEAS, the Cities recognizc that, by jointly mmegotiating z�ez�ewal, they might increase negotiating strength and reduce expenses; WHLREAS, the Citios l�ave individually and collectively consulted with the law fi.rm of Bernick and Lifsan, P.A. ("B&L") regardi,ng ren�ewai of the cable franchiscs, collactive negotiarion of such re�ewals, and BBcL's zepresentatitra in these matters; WI�REAS,B&L,has indicated a wi,llingness to joiati.y re�present the Citi�s aud s�egatiate renewal of the £ranchise(s) on their collective behalf; rT�W, '�'HEItEFO1tE, Il�T Cf�NSIDEitATION of the mutual covenants, terms, eonditions and representatian� contained hes�eia, tl�e parties agree as follows: TI3AT the Cities shall jointly negotiate renewal of their respective cable f�amchises with Marcus emgloying B&I, as lead n�egvtiatoz in accorda,nce with and subject to the speeific terms and conditions set out belaw: 1. The Cities wi� divide and share thc costs associated with renew�l of their res�aective fraY�chises, i�cluding the casts for represen►tation by BBcL, in proportion to the compazative number of subscribers in each of th� Cities on Ap�}l 1, 1996, B&I.wi11 invoice the City of Apple Valley for its represenration and the Cities of Farmington and Rosemount wil1 reimbuxse A,pple Valley thcir respactiv� proportioz►a#e share. Any legal represemation provided solely to an individual City (i.e., attendance at individual cvuncil meetings) will be invoiced directly to that City by B�L.. 1 c�0'd NOS�I"1 '8 71�IN�1�8 £�0T9bS2ti9 £�:9ti L66ti-ZS-ZQ 2. Each of che Cities shall appoiat their City Adrninisuator, or his designee(s), to att�nd meetings, discussions, hearings� or oth�r proceedings relating to cabk franchise ronewal and negotiations related thereto, including but not limited to, �neetings of the Board. 3. In the event the B�ard sball take any aetion or m�k� a�y r�o��ti�tie�s e� behatf of the Cities collecrively, each of the individual Cities shall have equai voice and vote in such matters. Farmington and Rosemaunt shall have no vote in any Board,matters involving action soiely on behalf af, or recomm�ndations soleiy to, Apple Valley. 4. '� Cities agz�eee to anund this Mcmora�dum af Understa�din,g to in�ude the City of Lakeville in acconlance with the terms and co�itions above, should Lakeville seek to work jaindy with the Cities pursuant ta such t�erms aad comditions. PASSED by the City C�uncil this da.y of , i997. C�ty of Appie Valley � Mayor C1erklAdmia�istrator PASSED by the City Council this day of , 1997. Ciiy of Farm,ington I Mayar Clerk/Adminfstrator PASSED by the City Council this day of , 1997. � City of Ro�emount Mayor C1orWAdministrator c:�c.�sr.,��,�L�v�,u,�ou,x� 2 £0'd NOS�I"1 '8 71�INLi39 £00S9bSZti9 £0:9T L66T-ZS-ZO