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HomeMy WebLinkAboutOrdinance - 22-2001 - Repeal Ord. 3-2001, WideOpenWest Cable Franchise - 06/19/2001 CITY OF EDEN PRAIRIE HENNEPIN COUNTY MM14ESOTA ORDINANCE NO. 22-2001 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, REPEALING ORDINANCE NO. 3- 2001 WHICH GRANTED WIDEOPENWEST NIINNESOTA, LLC A FRANCHISE TO OPERATE A CABLE SYSTEM WITHIN THE CITY. WHEREAS, In April 2000, WideOpenWest Minnesota, LLC ("WideOpenWesf) requested that the City of Eden Prairie, Minnesota ("City') commence proceedings under Minn. Stat. § 238.081 to consider the grant of a cable television franchise ("Franchise") to WideOpenWest. WHEREAS, On January 16, 2001, the City adopted an Ordinance granting WideOpenWest a Franchise to own and operate a cable system within the City subject to acceptance by WideOpenWest. WHEREAS, On March 23, 2001, WideOpenWest, LLC informed the City that it was unable to accept the Ordinance granting a Franchise due to adverse market conditions. NOW THEREFORE, THE CITY COUNCIL OF EDEN PRAIRIE, MI NESOTA ORDAINS: Section 1. Ordinance No. 3-2001 is hereby repealed in its entirety. Section 2. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 19th day of June, 2001, and finally read and adopted and ordered published at a regular meeting of the City Council of said Council on the 10t'day of July,2001. ATTEST: Kat een Porta, City Clerk jeaVnZBarris,Mayor PUBLISHED in the Eden Prairie News on the day of 2001. Affidavit of Publication Southwest Suburban Publishing State of Minnesota ) CITY OF EDEN PRAIRIE )SS. HENNEPIN COUNTY MINNESOTA County of Hennepin ) ORDINANCE NO. 22-2001 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,REPEALING ORDINANCE NO. 3-2001 WHICH Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of GRANTED WIDEOPENWEST the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated MINNESOTA,LLC A FRANCHISE as follows: TO OPERATE A CABLE SYSTEM WITHIN THE CITY. WHEREAS, In April 2040, (A)This newspaper has complied with the requirements constituting qualification as a legal WideOpenWest Minnesota, LLC newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as amended. ("WideOpenWest") requested that the ,/ City of Eden Prairie,Minnesota("City") (B)The printed public notice that is attached to this Affidavit and identified as No.� 7 commence proceedings under Minn.Stat. was published on the date or dates and in the newspaper stated in the attached Notice and said §238.081 to consider the grant of a cable Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of television franchise ("Franchise") to the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both WideOpenWest. inclusive,and is hereby acknowledged as being the kind and size of type used in the composition WHEREAS, On January 16, 2001, and publication of the Notice: the City adopted an Ordinance granting WideOpenWest a Franchise to own and abcdefghijklmnopAYStan operate a cable system within the City subjectto acceptanceby WideOpenWest. WHEREAS, On March 23, 2001, WideOpenWest,LLC informed the City that it was unable to accept the Ordinance olfsru ,Gene anger granting aFranchise due to adverse market or his designated agent conditions. NOW THEREFORE, THE CITY Subscribed and sworn before me on COUNCIL OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. Ordinance No. 3- 2001 is hereby repealed in its entirety. this L 9 day of ,2001 Section 2. This ordinance shall become effective from and after its passage ",— MEN tt.RADUFNZ and publication. ._ u3Ta,9v Fu3T-,G t11NINESOTA FIRST READ at a regular meeting of ;a Ct,G-nw�nEr;�atan.3t,2 the City Council of the City of Eden � Prairie on the 19th day of J6M 2001,and finally read and adopted and ordered Notary Public published at a regular meeting of the City Council of said Council on the 101 day of July, 2001. Jean L.Harris,Mayor ATTEST` RATE INFORMATION Kathleen Porta,City Clerk (Published in the Eden Prairie News on Lowest classified rate paid by commercial users for comparable space....$20.00 per column inch Thursday,July 19,2001;No.3741) Maximum rate allowed by law for the above matter................................$20.00 per column inch Rate actually charged for the above matter.................................................$9.75 per column inch