Loading...
HomeMy WebLinkAboutOrdinance - 3-2001 - Cable Franchise – WideOpenWest Minnesota, LLC - 01/16/2001 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA SUMMARY OF ORDINANCE NO.3-2001 AN ORDINANCE GRANTING A FRANCHISE TO WIDEOPENWEST MINNESOTA, LLC, ("GRANTEE" OR"WIDEOPENWEST ") TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE COMMUNICATION SYSTEM IN THE CITY OF EDEN PRAIRIE, MINNESOTA 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 January 16, 2001, the City of Eden Prairie ("City") adopted a Cable Television Franchise Agreement Ordinance for WideOpenWest Minnesota, LLC. The Ordinance serves two purposes. First, it is intended to provide for and specify the means to attain the best possible cable television service for the public by providing requirements for cable television with respect to technical standards, customer service obligations, and related matters. Second,it grants a non- exclusive cable television franchise agreement to WideOpenWest to operate, construct and maintain a cable television system within the City and contains specific requirements for WideOpenWest to do so. The Ordinance includes the following: 1) requires WideOpenWest to construct and maintain an 860 MHz capacity cable system; 2) imposes a franchise fee of five percent (5%) of annual gross revenues; 3) establishes a franchise term which will expire on or about January 2012; 4) requires the provision of service to new developments making channels available for public, educational and governmental programming with WideOpenWest to provide support of such programming through the term of the franchise; 5) requires an institutional network which will serve all schools and public buildings within the City consisting of two fibers which will be completely paid by WideOpenWest; and 6) requires a forty-eight (48) month construction schedule. It is hereby determined that publication of this title and summary will clearly inform the public of the intent and effect of Ordinance 3-2001. A copy of the entire Ordinance shall be available at the Eden Prairie City Hall. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of January, 2001, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 16th day of January,2001. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris,Mayor PUBLISHED in the Eden Prairie News on � SOD . CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO.3-2001 AN ORDINANCE GRANTING A FRANCHISE TO WIDEOPENWEST MINNESOTA,LLC,("GRANTEE"OR "WIDEOPENWEST ") TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE COMMUNICATION SYSTEM IN THE CITY OF EDEN PRAIRIE, MINNESOTA SETTING FORTH CONDITIONSACCOMPANYINGTHE Affidavit of Publication GRANT OF THE FRANCHISE; USE O INGFOR SYSTEM AND AND THE Southwest Suburban Publishing USE OF THE SYSTEM AND THE PUBLIC RIGHTS-OF-WAY; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS State of Minnesota HEREIN. On January 16,2001,the City ofEden )SS. Prairie("City")adopted a Cable Television County of Hennepin Franchise Agreement Ordinance for WideOpenWest Minnesota, LLC. The Ordinance serves two purposes.First,it is intended to provide for and specify the Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of means to attain the best possible cable television service for the public by the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated providing requirements forcable television as follows: with respect to technical standards, A This newspaper has corn lied with the requirements constituting qualification as a legal customs service obligations,and related ( ) P� 9 � g q g matters.Second,it grants anon-exclusive newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as cable television franchise agreement to amended. WideOpenWest to operate,construct and (B)The printed public notice that is attached to this Affidavit and identified as No(j:�?k maintain a cable television system within was published on the date or dates and in the newspaper stated in the attached Notice and said the City and contains specific requirements Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of for WideOpenWest to do so. the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both The Ordinance includes the following: inclusive,and is hereby acknowledged as being the kind size of type used in the compos' ' n 1)requires WideOpenWest to construct and publication of the Notice: and maintain an 860 MHz capacity cable system;2)imposes a franchise fee of five abcdefghijkhnnopgr z percent(5%)of annual gross revenues;3) establishes a franchise term which will expire on or about January 2012; 4) requires the provision of service to new B developments making channels available tan lfsrud,General anager for public,educational and governmental or his designated agent programming with WideOpenWest to provide support of such programming Subscribed and sworn before me on through the term of the franchise; 5) requires an institutional network which will serve all schools and public buildings �� within the City consisting of two fibers which will be completely paid by this ✓- day of 2001 ��sc�svti���-.-- �.. .. WideOpenWest;and 6)requires a forty- C1.761 i 4.;".17U=;12 Z eight(48)month construction schedule. h"=a't�ti-' ,KIT,"�t';1=Lc_�� �r'. u It is hereby determined that publication of this title and summary will clearly , r .3 inform the public of the intent and effect of Ordinance 3-2001.A copy of the entire Notary Public Ordinance shall be available at the Eden Prairie City Hall. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of January,2001, and finally read and adopted and ordered RATE INFORMATION published in summary form as attached Lowest classified rate paid by commercial users for comparable space....$20.00 per column inch hereto at a regular meeting of the City Council of Laid City on the 16th day of Maximum rate allowed by law for the above matter................................$20.00 per column inch January,2001. Rate actually charged for the above matter................................................$9.75 per column inch Effective Date: This Ordinance shall take effect upon publication. Jean L.Harris,Mayor ATTEST: Kathleen Porta,City Clerk (A full copy of the text of this Ordinance is available from City Clerk.) (Published in the Eden Prairie News on Thursday,January 25,2001;No.3518)