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HomeMy Public PortalAbout2013-25 Resolution Authorizing Publication of Ord 547Member Martinson introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2013-25 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 547 BY TITLE AND SUMMARY WHEREAS, the city council of the city of Medina has adopted Ordinance No. 547, an ordinance granting a cable franchise to Mediacom Minnesota LLC ("Mediacom") to construct, operate and maintain a cable system in the City of Medina, Minnesota ("City") setting forth conditions accompanying the grant of the franchise; providing for regulation and use of the system and the public rights -of -way; and prescribing penalties for the violation of the provisions herein; and WHEREAS, Minnesota Statutes § 412.191, subdivision 4 allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinance is 44 pages in length; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina that the city administrator -clerk shall cause the following summary of Ordinance No. 547 to be published in the official newspaper in lieu of the ordinance in its entirety: Public Notice The city council of the city of Medina has adopted Ordinance No. 547, an ordinance granting a cable franchise to Mediacom Minnesota LLC ("Mediacom") to construct, operate and maintain a cable system in the City of Medina, Minnesota ("City") setting forth conditions accompanying the grant of the franchise; providing for regulation and use of the system and the public rights -of -way; and prescribing penalties for the violation of the provisions herein. On April 16, 2013, the City adopted an Ordinance granting a Cable Franchise to Mediacom ("Ordinance"). The Ordinance shall become effective on the date the City's withdrawal from the Lake Minnetonka Cable Commission is final. The Ordinance serves two purposes. First, it is intended to provide for and specify the means to attain the best possible cable service for the public by providing requirements for cable with respect to technical standards, customer service obligations, and related matters. Second, it grants a non-exclusive cable franchise to Mediacom to operate, construct and maintain a cable system within the City and contains specific requirements for Mediacom to do so. Resolution No. 2013-25 April 16, 2013 The Ordinance includes the following: 1) requires Mediacom to maintain a 750 MHz capacity cable system; 2) imposes on Mediacom a franchise fee of five percent (5%) of Mediacom's annual gross revenues; 3) establishes a franchise term of ten (10) years; 4) provides a list of public buildings entitled to receive complimentary cable service; 5) requires Mediacom to dedicate channel capacity for public, educational and governmental programming and provides capital support of such channels; 6) mandates customer service standards regarding Mediacom's provision of cable services; 7) requires a security fund to enforce Mediacom's compliance with the terms of the franchise; and 8) requires a performance bond to enforce Mediacom's compliance with the infrastructure terms of the franchise. The full text of Ordinance No. 547 is available from the city administrator -clerk at Medina city hall during regular business hours. BE IT FURTHER RESOLVED by the city council of the city of Medina that the city administrator -clerk keep a copy of the ordinance in his office at city hall for public inspection and that he post a full copy of the ordinance in a public place within the city. Dated: April 16, 2013. r Elieth Weir, Acting Mayor ATTEST: Scott T. Johnson, Ciiy Administrator -Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Pederson and upon vote being taken thereon, the following voted in favor thereof: Anderson, Martinson, Pederson, Weir And the following voted against same: (Absent: Crosby) None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2013-25 2 April 16, 2013