HomeMy WebLinkAbout5.a. Cable TV Franchise ;y
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'P0: Mayor Hoke
Councilmembers: Napper
Oxborough
Walsh
Wippermann
FR�Is Stephan Jilk, Administrator/Clerk ,
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DATE: September 2, 1988 .
RE: Star Cablevision T.V. Franchise �'
On May 17, 1988, the City passed a resolution approving the
ownership transfer from Metro Cable to Star Cable Inc. for the
operation of the Cable T.V. system in Rosemount.
The format of the resolution was proposed by the company and upon
our review of it, we found no probl�n with it. A �0 day
aeceptance clause was written into that resolution whereby the
company had 90 days to formally accept the resolution to advise
the city it would canply with the franchise ordinance as it is
written.
The company failed to reply within the 90 days and in fact has
nat done so at this ti.me. I have contacted Rich Penkert, manager
of Star Cablevision, and advised him that the original motion was
void and the company was in fact operating without a franchise at •
this point. He requestcd we adopt a revi.sed resolution to
recti€y this problem and agreed to appear at the cauncil meeting
on Tuesday to formally request its' adoption.
I have attached the revised resolution with a 20 day clause in it
which I £eel, at this time, is reasonable.
I recommend its adoption.
lj
. . ` CITY OF ROSIIKOUNT "
RESOLUTION 1988 -
A RESOLiTI'ION APPROVING THE CHANGE OF CONTROL OF
' �- METRO CABLE, INC. , A MINNESQ2A CORP(?RATION, 'PO
STAR MID AMERICA, N, INC. A WI5CONSIN CORFORATION,
' SAID FRANCHISE HAVIRIG BEIlV ORIGINALLY GRANTED BY
ORDINEINCE N0. XI.12
WEiEREAS, the shareholders of Metro Cable, Ine. ("Metro") have agreed to
' sell alI of their shares of Metro to Star Mid Am�rican IV, inc. , a
Wiscansin corporation ("Star");
WEiIItFAS, as a result of such sale :�tar will controZ Metro; and
' WHERFAS, at khe request of Metro on b�half af Star, and in the best
interest of the Municipality, it is de�ned that such saZe is hereby
approved; and
WHERFAS, Resolution Na. 1988 - 40 was adopted in May, 1988 apprvving this
sale requiring a response by Star Cable to accept the Resolution by
August 17, 19$8 and as the company failed to respond but intends to do
' so, if allowed a shortened time frame, and the City is still agreeable to
this sale �o Star Cable;
'iHEREk�ORE BE IT RESOLVED BY TgiE CITY OF Rt?SEMOUNT:
SECTION 1. That (?rdinance XI.12 (which is in full force and
effect) ich granted to Metro the ri.ght and franchise to erect, maintain
and ogerate a CATV system in, under, over, along, across and upon the
`�`� streets, avenues, sidewaiks, alleys, bridges and highways and ather
` public places in the Municipality far the purpose of transmission and
distrilxition by wire or cable CATV programs, various comnunications and
other electronic services for sale to the inhabitants of the
Municipality, and any and all amendments thereto, remain in full force
and effect and that the transfer of stc�.k of Metra (the current holder of
the Franchise) to Star, be hereby ratified and approved in al1 respects.
SECTION 2. 'Itzat Star may assign or otherwise grant a security
' interest in an ien upon the capital stock and assets of Star anci any of
the rights, title and interest represented by the cable franehise held by
Star as collateral for their financing.
SECTION 3. 'Ihat this Resolution shall become effective anci valid
between t e Municipality and Star when the sale contemplateci hy that
certain Stock Purchase Agreement dated June , 1988, by and among Star,
Metro and each of the shareholders of l�tro is consunrnated and Star £iles
; a written acceptance this Resolution agreeing to cause it to continue to
' adhere to and perform all of the terms and conditions of Ordinance No.
XI.12, atxl any and all amendments thereof. If. wr_itten acce��t�nce of thi.s
Resolution is not €iled within twenty (20) ctays after pass�ge of this
Resolution, then this Resolution shall be void.
�.
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__ - _ _ . ■
16900 Cedar Avenue, � Telephone �
Hosemouni, MN 55068 (6 f 2)432 2610
� Star Cab/evision
Brlgnl • Ctear • Excrting
September 6, 1988
Honorable Mayor Hoke:
This notice shall serve as written confirmation that
Star Mid America iU, Ir�c. accepts the resolution passed
by the City of Rosemount apprQving the change of
control of Metro Cable, Inc. , a Minnesota Corporation,
to Star Mid America IV, Tnc.
Star Mid America IV, Inc. agrees to adhere to and
preform all of the terms and canditions of Ordinance
Np. XI.92 and any and atl current arnendments thereof.
Yours truly,
�,,----�
.•- ,,..�c''��.�c��,�'
Ric ard Penk�rt
Regional Manager
Star Mid Ameriea IV, Inc.
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