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Home My Public Portal About589 Ordinance Amending the Medina City Code, Ordinance No 547 Granting a Cable Communications Franchise to Mediacom Minnesota LLCORDINANCE NO.589, AMENDING THE MEDINA CITY CODE, ORDINANCE NO.547 GRANTING A CABLE COMMUNICATIONS FRANCHISE TO MEDIACOM MINNESOTA, LLC. The City Council of the City of Medina ("City") does ordain as follows: Purpose and Intent. The purpose and intent of this Ordinance is to amend Ordinance No. 547 Granting A Cable Communications Franchise to Mediacom Minnesota, LLC ("Franchise") to update the build -out provisions. Section 1. Section 3(4)(a) of the Franchise shall be amended by deleting the stricken language and adding the underlined language as follows: (4) System Extensions. (a) The City and Grantee desire to construct approximately thirty (30-seven and forty-six one hundredth miles (37.46) miles of System facilities and cable (excluding Irons) in the City. Said thirty--3-9-seven and forty-six one hundredth miles (37.46) miles shall be constructed on the following schedule, subject to the terms and conditions herein (all schedules may be accelerated upon mutual agreement between Grantee and City): (i) Subject to Grantee's ability to secure access to all rights -of -way necessary to extend the System on reasonable terms and conditions, Grantee shall construct and activate fifteen (15nineteen and forty-six one hundredth miles (19.46) miles of System facilities and cable (excluding Drops) at its sole cost and expense on the following schedule: • 6.46 miles in the first twelve (12) months after the Effective Date of this Franchisecalendar year 2014 ("Year 1") (this includes a 1.46 mile connection to Medina City Hall); o 5 miles in the third twelve (12) months after the Effective Date of this Franchise. (ii) Grantee shall submit its construction plans to City as soon as practicable after the Effective Date of this Franchise, showing the schedule and route for cNach of -the 5 mile segments. City shall have thirty (30) days to review, comment on and approve the Jll u o v • 5 miles in calendar year 2015 ("Year 2"); • 8 miles in calendar year 2016 ("Year 3"). Ordinance No. 589 1 October 20, 2015 (ii) Grantee has completed the Year 1 construction and activation of the System and shall complete the Year 2 construction and activation of the System consistent with that certain map entitled "Year 1 and Year 2 Mediacom Construction," which is incorporated by reference and made a part of the Franchise. (iii) City and Grantee shall share equally the cost of construction of an additional (15eighteen (18) miles of System facilities and cable within the first three (3) years of the Effective Date of this Franchise. (excluding Drops) (the "Shared Miles") during Year 3 and calendar year 2017 ("Year 4"). The fifteen (15) additional milesCity's portion of System cablethe cost of construction for the Shared Miles shall be based on an -Actual Cost not to exceed Twenty FourTwelve Thousand Dollars ($ , i 2,000) per mile. i neretore The total cost to be paid by City for the construction of the additional 15 miles hem ca-orzoiialeu ',lines shall not exceed $4-89216,000 (- miles x $12,000). The schedule for construction of the Shared Miles shall be as follows: (iv) In • 10 Shared Miles during Year 3; • 8 Shared Miles during Year 4. Therefore, the unliktotal mileage of System facilities and cable to be constructed and activated is as follows: YEAR GRANTEE MILES SHARED MILES* TOTAL Year 1 (2014) 6.46 0 6.46 Year 2 (2015) 5 0 5 Year 3 (2016) 8 10 18 Year 4 (2017) 0 8 8 TOTAL 19.46 18* 37.46 * The Shared Miles must be constructed in Streets or other public rights -of -way. (iv) Based on the City and System Design (as defined in Section 3(4)(a)(v) below), Grantee deshall submit to City its Year 3 System construction plans (10 Grantee miles and 8 Shared Miles) showing the schedule and routes for each of the Shared Miles by February 1, 2016 and shall submit its Year 4 System construction plans (8 Shared Miles) showing the schedule and routes for each of the Shared Miles by February 1, 2017. City shall have forty-five (45) days to review, comment on and approve the construction plans for the Shared Miles. Such approval shall not be unreasonably withheld and the parties shall work cooperatively to reach mutual agreement on the schedule and routes for the Shared Miles consistent with the System Design. Failure by the City to approve the construction plans for the Shared Miles within the forty-five (45) day review period shall suspend Grantee's obligation to complete construction of that portion of the Shared Miles on the schedule provided in Section 3(4)(a)(iii) above and the parties shall then mutually agree on a revised construction schedule for the affected Shared Miles. Ordinance No. 589 2 October 20, 2015 (v) All System build -out under this Section 3(4)(a) will proceed in accordance with the overall System design provided to the City during the fall of 2013, including construction on Streets, as well as general utility easements and private rights -of -way ("System Design"), subject to any modifications due to subparagraph (vii) below. A11 construction plans and schedules are subject to the receipt of all required permits/authorizations, equipment and materials. (vi) Grantee shall invoice the City for the City's portion of the projected Shared. Miles to be built in each of Years 3 and 4 at the same time as it submits the construction plans for Years 3 and 4. The City shall pay fifty percent (50%) of the amount invoiced no later than June 1 of each year. Mediacom will submit documentation of its completion of construction of the Shared Miles annually and the City will then pay the remaining fifty percent (50%) of the amount invoiced no later than forty-five (45) days after submission of said documentation. Failure by the City to remit payment of the initial fifty percent (50%) by June 1 as required herein shall suspend Grantee's obligation to complete construction of that portion of the Shared Miles on the schedule provided in Section 3(4)(a)(iii) above and the parties shall then mutually agree on a revised construction schedule and payment plan for that portion of the Shared Miles for which the City failed to remit payment. (vii) If Grantee is unable to construct the second fifteen (15) miles of any mileage due to lack of access to Streets or private property, Grantee shall reallocate said mileage based on the System Design to locations mutually agreed upon by City and Grantee. (viii) Grantee shall submit all eligible System build -out in its System Design to the State of Minnesota Border to Border Infrastructure Broadband Grant Program for consideration in 2015 and, if approved, build out such plant; and facilities consistent with the grant. All proceeds from the grant award which include dollars for Shared Miles, if any, will first be applied to satisfy or reimburse the City's portion of those Shared Miles required pursuant to Section 3(4)(a)(iii) herein. (ix) Grantee shall remain obligated to extend plant to all areas of the City where the density reaches or exceeds fifteen (15) homes per cable mile as measured from the nearest Node or terminating amplifier required to deliver a signal that complies with the FCC Technical Standards. The thirty (30) miles of (x) The System construction contemplated herein shall be in addition to any System construction which Grantee elects to undertake in the City and System construction in new developments. Section 2. This ordinance shall become effective upon its adoption and publication. Ordinance No. 589 3 October 20, 2015 Passed and adopted by the City of Medina, Minnesota this 201 day of October, 2015. son, Acting Mayor ATTEST: Scott T. Johnson, City Administrator ACCEPTANCE: Mediacom Minnesota LLC has read and hereby accepts the terms of this Ordinance. Agreed and accepted thiso)/day of hi/ �/� , 2015. MEDIACOM MINNESOTA LLC By: Its: 7277512vDOCX Ordinance No. 589 4 October 20, 2015