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HomeMy WebLinkAbout98-064 CITY OF LAKEVILLE, MINNESOTA RESOLUTION No. 98-64 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, becwzzn the City and the then franchisee of the Franchise, Star Metro Cable, Inc., the Ciry 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 property 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 April 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. f ? 1. The City hereby authorizes Marcus to operate the cable television system i!~ Lakeville, in full compliance with all of the terms and conditions of the Franchise, for a period commencing on April 1998 and continuing through either the date on which the Franchise is renewed or until May 18 , 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) Marcos' 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 firh day Of fir; , 1998 CITY OF LAKEVILLE, MINNESOTA BY • Its Mayor ATTEST: ~ 1yC,f~~'~t/ ~,~~C 2~`' , , City Clerk f CERTIFICATION I, ,City 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 April 6 1998. Dated: April8 .1998 By: (tS• City Clerk i s • Att~mwct . Marcus Cable Paronets, l»!•., f,er~by actcnotivfstl~ges the Gq et tai?twiU~, °lulinneesata Resolution No. 98-64 ('(Z~ytlp~-~ and OrrJinancx No. 199, attaChrd hetetp and nilQflfft~d iA t!1 fZesol! ub'of~ ('Ft~th~se") and hef~r aeospcs eacfi and N?er~r t~+rtn, provision and reeital of the Rasolutian and afrees to ba bound by tAt u~ms and . provisions of the Francfli:• in accordance with the ReWlution. Oared: 03 3)~~ i 998 tisItRCUS CitBlE ~'IIRTNERS, L.~'. L gy. WORN TO B~fORF J1AE this ~ ~Y ~~Cldl~(.cJd,..t gg8 . y ~ NO?IVtY PURLiC A' a,~R~~ • Q' •