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HomeMy WebLinkAbout20-133CITY OF LAKEVILLE RESOLUTION NO. 20-133 GRANTING SPECTRUM MID -AMERICA, LLC (fk.a. CHARTER CABLE PARTNERS, LLC) A FRANCHISE EXTENSION TO DECEMBER 31, 2021 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 Spectrum Mid- America, LLC ("Charter"); and WHEREAS, the initial term of the Franchise expired on or about November 1, 2013; 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 WHEREAS, Charter executed said Resolution No. 13-86 and agreed to continue complying with the Franchise, as amended by the Resolution; and WHEREAS, the City adopted Resolution No. 14-53 on June 16, 2014 extending the term of the Franchise 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 adopted Resolution No. 14-92 on October 20, 2014 extending the term of the Franchise until June 1, 2015; and WHEREAS, Charter executed said Resolution No. 14-92 and agreed to continue complying with the Franchise, as amended by the Resolution; and WHEREAS, the City adopted Resolution No. 15-49 on May 4, 2015 extending the term of the Franchise until December 1, 2015; and WHEREAS, Charter executed said Resolution No. 15-49 and agreed to continue complying with the Franchise, as amended by the Resolution; and WHEREAS, the City adopted Resolution No. 15-145 on November 16, 2015 extending the term of the Franchise until June 30, 2016; and WHEREAS, Charter executed said Resolution No. 15-145 and agreed to continue complying with the Franchise, as amended by the Resolution; and WHEREAS, the City adopted Resolution No. 16-81 on June 20, 2016 extending the term of the Franchise until December 31, 2016; and WHEREAS, Charter executed said Resolution No. 16-81 and agreed to continue complying with the Franchise, as amended by the Resolution; and WHEREAS, the City adopted Resolution No. 16-169 on December 5, 2016 extending the term of the Franchise until December 31, 2017; and WHEREAS, Charter executed said Resolution No. 16-169 and agreed to continue complying with the Franchise, as amended by the Resolution; and WHEREAS, the City adopted Resolution No. 17-199 on December 18, 2017 extending the term of the Franchise until December 31, 2018; and WHEREAS, Charter executed said Resolution No. 17-199 and agreed to continue complying with the Franchise, as amended by the Resolution; and WHEREAS, the City adopted Resolution No. 18-139 on December 18, 2018 extending the term of the Franchise until December 31, 2019; and WHEREAS, Charter executed said Resolution No. 18-139 and agreed to continue complying with the Franchise, as amended by the Resolution; and WHEREAS, Charter executed Resolution No. 19-142 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 December 31, 2020 through and including December 31, 2021; 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: 1. The Franchise is hereby amended by extending the term of the Franchise from January 1, 2021 through the date on which Charter's Franchise is either renewed or until and including December 31, 2021. 2 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 the resolution. Adopted by the City Council of Lakeville, Minnesota, this 161 day of November 2020 CITY OF LAKEVILLE, MINNESOTA ATTEST: Charlene Friedges, City Clerk ACCEPTANCE Spectrum Mid-America, LLC (f.n.a. Charter Cable Partners, LLC), hereby acknowledges the City of Lakeville Resolution No. 20-33 and hereby accepts the terms, provisions and recitals of the resolution and agrees to be bound by the Franchise to the extent consistent with applicable laws. DATED: , 2020 Spectrum Mid-America, LLC By: Its: 4