HomeMy WebLinkAbout98-223 CITY OF LAKEVILLE, MINNESOTA
RESOLUTION NO. 98-223
AUTHORIZING MARCUS CABLE PARTNERS, L. P. TO TEMPORARILY OPERATE THE
CABLE COMMUNICATIONS SYSTEM
WHEREAS, on or about February 16, 1982, the City of Lakeville, Minnesota (the
"City") passed and adopted Ordinance No. 199 (hereinafter referred to as the "Franchise")
granting anon-exclusive franchise to Metro Cable, Inc. for a term of fifteen (15) years;
and
WHEREAS, pursuant to an Agreement dated May 3, 1993, between the City and
the then franchisee of the Franchise, Star Metro Cable, Inc., the City amended to
Franchise to extend the franchise term by one (1) year from February 16, 1997 to
February 16, 1998; and
WHEREAS, the Franchise is now held by Marcus Cable Partners, L.P. ("Marcus"),
and
WHEREAS, pursuant to Section 47 U.S.C. § 546(a) Marcus provided notification to
the City of Marcus' intent to seek renewal of the Franchise under 47 U.S.C. § 546(a-g);
and
WHEREAS, pursuant to Section 47 U.S.C. § 546(a) the City properly commenced
franchise renewal proceedings; and
WHEREAS, the City and Marcus have agreed, pursuant to 47 U.S.C. § 546(h), to
conduct franchise renewal negotiations informally in an attempt to reach a mutually
acceptable franchise agreement; and
WHEREAS, the Franchise, having been previously extended, will expire on or
about October 19, 1998; and
WHEREAS, the City and Marcus are interested in continuing informal discussions
and negotiations regarding franchise renewal; and
WHEREAS, both the City and Marcus desire to expressly reserve all of their
respective rights under state and federal law.
NOW, THEREFORE, be it resolved by the City Council of the City of Lakeville,
Minnesota that:
1. The City hereby authorizes Marcus to operate the cable television
system in Lakeville, in full compliance with all of the terms and conditions of the
Franchise, for a period commencing on October 19, 1998 and continuing through
either the date on which the Franchise is renewed or until November 16, 1998
whichever shall first occur.
2. This Resolution shall become effective upon the occurrence of both
of the following conditions: (1) The Resolution being passed and adopted by the
City Council of the City of Lakeville; and (2) Marcus' acceptance of this Resolution
and the Franchise for the term specified in paragraph (1) above within fourteen
(14) days from the date this Resolution is passed and adopted.
Adopted by the City Council of the City of Lakeville, Minnesota this 19th day
of October , 1998
CITY OF LAKEVILLE, MINNESOTA
• By
Its
ATTEST:
City Clerk
CERTIFICATION
Charlene Fr" dges
I, , ~ fy clerk of the City of Lakeville, Minnesota the custodian
of its records, do hereby certify the above is a true and exact copy of a Resolution passed,
adopted, and approved by the City Council of said City on october L2, 1998•
Dated: october 19 ~ 1 ggg
~t~~~~
By:
Its: Cit Clerk
•
158480 2
~ r
ACCEPTANCE
Marcus Cable Partners, L. P., hereby acknowledges the City of Lakeville, Minnesota
Resolution No. 98-223 ("Resolution") and Ordinance No. 199, attached hereto and
referenced in the Resolution ("Franchise") and hereby accepts each and every term,
provision and recital of the Resolution and agrees to be bound by the terms and
provisions of the Franchise in accordance with the Resolution.
Dated: October 19 , 1998 MARCUS CABLE PARTNERS, L.P.
By:
Its: Q~F,l~i3 %
i a~t15 i'yJ~ '9 G ~ 2_
SWORN T EFORE ME this
~'~day of ~ , 1998
• NOTARY PUBL
r•
~~.~~v~dACCUn~r~r
My Comm. Expires Jan. 31, 2000
~r
issago 3