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HomeMy WebLinkAboutItem 06.dOctober 17, 2014 0 Item No. RESOLUTION GRANTING CHARTER CABLE PARTNERS, LLC A FRANCHISE EXTENSION TO JUNE 1, 2015 Proposed Action Staff recommends adoption of the following motion: Move to adopt a resolution granting Charter Cable Partners, LLC, an extension of the current franchise agreement to June 1, 2015 Passage of this motion will result in extending the current cable franchise agreement from October 31, 2014 to June 1, 2015 Overview The City of Lakeville is currently in discussions with Charter Cable Partners,LLC regarding renewal of the cable franchise agreement. Additional time is needed to complete the renewal process, and the current franchise agreement should be extended to allow for the necessary discussions. Primga Issues to Consider It is vital that the City have sufficient time to negotiate a successful Cable Franchise Agreement that addresses the needs and concerns of the City and local Charter customers. An extension of the current franchise is needed to allow appropriate time to negotiate a renewal agreement between the City of Lakeville and Charter Cable Partners, LLC. Susanna Palm Communications Manager Financial Impact: $_none Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: RESOLUTION NO. 14-92 GRANTING CHARTER CABLE PARTNERS, LLC A FRANCHISE EXTENSION TO JUNE 1, 2015 WHEREAS, on or about October 26, 1998, the City of Lakeville, Minnesota ("City') adopted a Cable Television Franchise Agreement ("Franchise'), which is currently held by Charter Cable Partners, LLC ("Charter'); and WHEREAS, the initial term of the Franchise was scheduled to expire on or about November 1, 2013; and was extended to June 1, 2014 and again to October 31, 2014, and; WHEREAS, Charter has requested renewal of the Franchise; and WHEREAS, the City adopted Resolution No. 13-86 on October 7, 2013 extending the term of the Franchise until June 1, 2014, and extending the term again with the adoption of Resolution No. 14-53 until October 31, 2014; and WHEREAS, Charter executed said Resolution No. 14-53 and agreed to continue complying with the Franchise, as amended by the Resolution; and WHEREAS, the City and Charter are interested in continuing informal renewal negotiations, and desire to extend the current Franchise term from October 31, 2014 through and including June 1, 2015; and WHEREAS, the City and Charter desire to extend the term of the Franchise to facilitate renewal negotiations under state and federal law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville, Minnesota: 2403056v2 1. The Franchise is hereby amended by extending the term of the Franchise from October 31, 2014 through and including June 1, 2015. 2. Except as specifically modified hereby, the Franchise shall remain in full force and effect. 3. The City and Charter hereby agree that neither waives any rights either may have under the Franchise or applicable law. 4. This Resolution shall become effective upon the occurrence of both of the following conditions: (1) The Resolution being adopted by the Lakeville City Council; and (2) Charter's acceptance of this Resolution. Adopted by the City Council of Lakeville, Minnesota, this 20th day of October, 2014 CITY OF LAKEVILLE, MINNESOTA a Its: Mayor ATTEST: City Clerk 2 2403056x2 ACCEPTANCE Charter Cable Partners, LLC, hereby acknowledges the City of Lakeville Resolution No. 14-92 and hereby agrees to the extension of the Franchise through and including June 1, 2015. DATED: 12014 Charter Cable Partners, LLC Sworn to before me this day of Notary Public 2403056v2 Its: , 2014.