HomeMy WebLinkAbout98-099 TWC EAU CLAIRE ItiI I . 175 P02 MAY 13 ' 98 15:23
~lTY Qi~ LAKI~VILIfr, MINNEgOTA
• RE~C1l.UTlON (V®. 98- 99
AUTHORIalNG MARCUS CABI•E PARTNERS, ~..P. YO T~MP'ORRRJE.Y OPERATE THE
CARi.E COMMUNIG?TlONS SY5TEM
WHEREAS, oar or about Febwsry 16,198, the City of Lakeville, Minnesota lche
•'Clty^1 passed and adapted ordinance No. i 99 thereinafter referred io as the "Franchise")
granting anon-eacctus~ve franchise to Metro Cabi~e, Inc. for a term of fifteen t7 S) years;
and
4+rHt.Rt~?5, pursuant to an Agreement dazed n?}ay 3, 1993, becwcran the City and
the then franchisee of the Franchise, Star Metro Cable, lac., the City amended to
Franchise to extend the franchise term by one tit year from February 16, i X97 to
February 16, 19981 and
wtiEREAS, the Franchise is now !~efd by Marcus Cable Partners, ~.P. t"Marcus"),
and
WHEREAS, put9uant to section 47 U.S.C. § S46(a) Marcus provided notification ro
th®City of Marcus' incept co seek renewal of the Franchise under 47 u.S.C. ~ 546ta-ffJ;
and
• WHEREAS, pursuant to Section ~7 U.S.C. ~ 54btai the City property commenced
frartichise renewal proceedings; and
WFIEREAS, th® City and Marcus have agr~d, pursuant to 47 U,S.C. ; S46(h), to
conduct franchise renewal negotiations informaily ~n an attempt to reach a mutually
acceptable lranch~se agreement; and
wHEREAS, the Franth~se, having been previously extended, well expire on or
about May. 18, 1996; and
WHEREAS, the City and Marcos are ~nterastad in ccntinuing informal discussions
and negotiations regarding franchise renewal; and
wHEREAS, both the cty and Marcos desire to expressly reserve alt of their
respeCave rights +~nder state Arid federal law.
NOW, i'HEREFQRE, be ii resolved by ~e City Council of the City of Lakeville,
Minnesota that:
•
MAY-13-1998 16:15 95s P.®2
TWC EAU CLAIRE WI. 175 P03 MAY 13 '98 15:23
1. The City hereby awchorizes Marcus to operate the cable television
system in t.aiktn~ille, in full cornpl~ance with all of the berms ar'ad Gondition~ of the
Franchise, for a period cornmenring on May 18, 1998 and continuing through
eitherthe date on which t>1e Franchise i$ renewed or until duly 20,1998
whiChMre~ shall first occur.
2. This Resolution shall become effactiva upon the occurrence of both
of the following conditions: t1) Th® Resolution being passed and adopted by the
City Council of the City cf lal~vill~ and (z) Marcus' acteptante of this Resolution
and the Franchise forthe term specified in paragraph t1) above within fourteen
(la) days from the dace this Resolution is passed and adopted.
adopted by the City Council of the City of Lakeville, d~mnrsota this 1....~....• day
pf Mav .1.99$
CITY OF LaKEVIG~E, MINNESOTA
®y
Its
T`C~ST:
•
City Clerk
CIERTI>rICATIQN
Charlene Friedge
1, City G~ of the City of Lakeville, Minnesota th~a custodian
of its records, do hereby certify the above ~s a true and exact copy of a Resolution posed,
adopteed, and approved by the City Council of said Gety on M;Y„ 18 . _ 199x.
Dated: Mav 18 , 1998
fay:
lam: City C1~rk
~ .I . W
• ,
MAY-13-1998 16 15 95% P.03
ACCEPTANCE
Marcus Cabe Partners, L.P., hereby acknowledges the City of Lakeville, nninnesota
Resolution No. 98-99 ("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: May 18 , 1998 MARCUS CABLE PARTNERS, L.P.
Its: `f--
SWORN TO BEFORE ME this
day of __m~. 1998 _ _
~~pF W ISC~~~
V!_~ ~ VC.;YI ~ r'?=.' ~IiCKI R. . 2 .i
NOTARY PUBt_~C ` * VC)N~?A~>=N 3
Ojq~Y„~~~~.
•
tssaso 3