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HomeMy Public PortalAbout546 Ordinance Adopting and Amending the Cable Television Franchise Granted by the Lake Minnetonka Communications CommissionCITY OF MEDINA ORDINANCE NO.546 AN ORDINANCE ADOPTING AND AMENDING THE CABLE TELEVISION FRANCHISE GRANTED BY THE LAKE MINNETONKA COMMUNICATIONS COMMISSION. WHEREAS, on or about September 22, 1998, the Lake Minnetonka Communications Commission ("LMCC"), on behalf of its member municipalities (the cities of Deephaven, Excelsior, Greenwood, Independence, Minnetonka Beach, Minnetrista, Orono, Shorewood, spring Park, Tonka Bay, Woodland, Medina, St. Bonifacius, Long Lake, Victoria, Minnesota), granted a Cable Television Franchise ("LMCC Franchise") to Triax Midwest Association, L.P. to provide cable services and to maintain and operate a cable system within the LMCC's franchise area; and WHEREAS, the LMCC Franchise is currently held by Mediacom Minnesota LLC ("Mediacom"); and WHEREAS, the City of Medina, Minnesota ("City") intends to withdraw from the LMCC; and WHEREAS, the City and Mediacom have reached agreement on the terms and conditions of a new cable television franchise. NOW THEREFORE, the City of Medina, Minnesota hereby ordains: 1. The City hereby adopts by reference the LMCC Franchise. 2. The LMCC Franchise shall remain in full force and effect until the date on which the City withdraws from the LMCC ("Withdrawal Date"). 3. Effective upon the Withdrawal Date, the LMCC Franchise is hereby automatically amended by striking all of its contents and in its place inserting the new cable franchise attached hereto as Exhibit A ("Mediacom Franchise"). 4. From and after the Withdrawal Date the Mediacom Franchise shall supersede and replace the LMCC Franchise and any previous franchise granted to Mediacom to own, operate and maintain a cable system within the City. 5. This Ordinance is effective immediately upon passage and publication. Ordinance No. 546 April 16, 2013 1 ATTEST: -g -°'/ Scott Johnson, ity Administrator/Clerk Published in the South Crow River News this 25th day of April, 2013. Ordinance No. 546 2 April 16, 2013 EXHIBIT A Cable Television Franchise City of Medina, Minnesota Dated: April 16, 2013 Ordinance No. 546 April 16, 2013 Exhibit A-1 CITY OF MEDINA, MINNESOTA CABLE TELEVISION FRANCHISE ORDINANCE April 16, 2013 TABLE OF CONTENTS SECTION 1 SHORT TITLE AND DEFINITIONS 1 SECTION 2 GRANT OF AUTHORITY 6 SECTION 3 CONSTRUCTION STANDARDS 8 SECTION 4 DESIGN PROVISION 13 SECTION 5 SERVICE PROVISIONS 14 SECTION 6 PUBLIC ACCESS PROVISIONS 14 SECTION 7 OPERATION AND ADMINISTRATION PROVISIONS 14 SECTION 8 GENERAL FINANCIAL AND INSURANCE PROVISIONS 17 SECTION 9 SALE, ABANDONMENT, TRANSFER and REVOCATION 21 SECTION 10 MISCELLANEOUS PROVISIONS 25 SECTION 11 PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS 27 Exhibit A Ownership Exhibit B Description of System Exhibit C Consumer Protection and Customer Service Standards Exhibit D PEG Access Facilities and Equipment Exhibit E Service to Public Facilities Exhibit F Public Buildings to be Provided with Two -Way Capability Exhibit G Franchise Fee Payment Worksheet Ordinance 547 April 16, 2013 i