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HomeMy WebLinkAbout98-206 CITY OF LAKEVILLE, MINNESOTA RESOLUTION NO. 98-206 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 September 21, 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 September 21, 1998 and continuing through either the date on which the Franchise is renewed or until October 19, 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 21st day of September , 1998 CITY OF LAKEVILLE, MINNESOTA By Its Mayor ATTEST: City Clerk CERTIFICATION Charlene Fri Ayes Clerk y I, , C t of the Cit 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 September 21_, 1998. Dated:. September 21 , 1998 B . Y' Its: Cit Clerk s 158480 2