HomeMy WebLinkAboutResolution - 2000-147 - Regarding Findings of Fact With Respect to Everest Connections Corporation's Proposal for a Cable Communications Franchise - 09/05/2000 City of Eden Prairie
Hennepin County,Minnesota
Resolution No.2000-147
Regarding findings of fact with respect to Everest Connections Corporation's
proposal for a cable communications franchise
Recitals
1. Minnesota Statutes § 238.08(a) mandates that the City require a franchise for any cable
communication system providing service within the City.
2. Federal law at 47 U.S.C. § 541(a)provides that a city"may not unreasonably refuse to award an
additional competitive franchise."
3. The City carefully followed the franchise procedure required by Minnesota Statutes § 238.081 by
publishing once each week (June 15 and June 22, 2000) for two successive weeks in the Eden
Prairie News a Notice of Intent to Franchise a Cable Communications System.
4. The Notice stated all eight(8)criteria outlined in Minn. Stat. §238.081 Subd.2.
5. In addition to the published Notice,the City mailed copies of the Notice of Intent and the Official
Application Form to Everest Connections Corporation ("Everest") as well as other interested
parties.
6. The City's Official Application Form required that proposals for a cable communications
franchise contain responses to each of the items identified in Minnesota Statute § 238.081 Subd.
4.
7. The City's closing date for submission of applications was set at July 14, 2000 which complied
with the statutory minimum of 20 days from the date of first publication.
8. The City Council determined to call a Public Hearing to consider the application received from
Everest at its regularly scheduled September 5,2000 meeting.
9. All interested parties were provided an opportunity to speak to the City Council. The City
Council imposed no time limitations or other constraints on presenters, and interested parties had
every opportunity to present information regarding this matter.
10. The City carefully reviewed all information and documentation presented to it regarding
Everest's proposal and qualifications to construct, own and operate a cable communications
system within the City.
11. The City, as a member of the Southwest Suburban Cable Commission ("Commission") retained
the law firm of Moss &Barnett, a Professional Association to assist the Commission and City in
conducting the procedure required under Minnesota Statutes §238.081 and reviewing the
application submitted by Everest as well as comments and information from interested parties.
12. Based on information and documentation made available to the City, the report dated August 3,
2000 prepared by Moss &Barnett with respect to Everest's application, and the recommendation
of the Commission,each of which hereby is incorporated in this Resolution by reference,the City
Council has reached conclusions regarding Everest's legal,technical and financial qualifications.
NOW THEREFORE,the City hereby resolves as follows:
1. The City hereby finds that Everest's application of July 14, 2000 complies with the requirements
of Minnesota Statute§238.081.
2. The City finds that Everest possesses the requisite legal, technical and financial qualifications to
construct, own and operate a cable communications system within the City.
3. The City has determined that an ordinance awarding a franchise to Everest should be introduced
to the City Council for consideration and action.
4. The contents of the franchise should be substantially the same as the franchise ordinance
currently held by the City's existing cable television operator, KBL Cablesystems of the
Southwest, Inc., doing business as Time Warner Cable ("Time Warner"),throughout the existing
term of Time Warner's franchise which will expire on or about December 31,2011.
5. A construction bond should be required of Everest as part of any franchise award to provide the
City with security in the event damage to the City's rights-of-way should arise which Everest is
unwilling or unable to cure.
6. Subject to all applicable laws, the City shall regulate the provision of cable television services
within the City in a competitively neutral manner and shall enforce the terms and conditions of all
cable communications franchises in accordance with all applicable laws and regulations in a
consistent manner against all franchised cable operators so that no one operator is given an unfair
competitive advantage over the other.
7. The City finds that its actions are appropriate and reasonable in light of the mandates contained in
Chapter 238 of Minnesota Statutes and applicable provisions of federal law including 47 U.S.C. §
541(a).
PASSED AND ADOPTED this 5 h day of September,2000:
CITY;ean
N PRAIRIE, SOTA
By:
Harris,Mayor
ATTEST:
By: /
2!2�
KaAleen Porta,City Clerk
2