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HomeMy WebLinkAboutResolution - 2016-27 - Approving Summary Ordinance 3-2016 - 02/02/2016 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016-27 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 3-2016 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 3-2016 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 2nd day of February, 2016. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. 3-2016 is lengthy. B. The text of summary of Ordinance No. 3-2016, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance 3-2016 shall be recorded in the Ordinance Book, along with proof of publication, within twenty (20) days after said publication. ADOPTED by the City Council on February 2, 2016. ncy -L en -ayor (Seal) ATTEST: Kath en Porta, City Clerk EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE 3-2016 AN ORDINANCE GRANTING A FRANCHISE TO QWEST BROADBAND SERVICES, INC., D/B/A CENTURYLINK ("CENTURYLINK") TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE 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 February 2, 2016, the City of Eden Prairie, Minnesota("City") adopted an Ordinance granting a Cable Television Franchise to CenturyLink. The Ordinance serves two purposes. First, it is intended to provide for and specify the means to attain the best possible cable service for the public by providing requirements for cable with respect to technical standards, customer service obligations, and related matters. Second, it grants a non-exclusive cable franchise to CenturyLink to operate, construct and maintain a cable system within the City and contains specific requirements for CenturyLink to do so. The Ordinance includes the following: 1)requires CenturyLink to have a bandwidth capable of providing the equivalent of a typical 750 MHz cable system; 2) imposes on CenturyLink a franchise fee of five percent (5%) of CenturyLink's annual gross revenues; 3) establishes a franchise term of five (5) years with the option to extend an additional 5 years; 4)provides a list of schools and public buildings entitled to receive complimentary cable service; 5) requires CenturyLink to dedicate channel capacity for public, educational and governmental programming and provides capital support of such channels; 6) mandates customer service standards regarding CenturyLink's provision of cable services; and 7) requires a performance bond and security fund to enforce CenturyLink's compliance with the Ordinance. Persons interested in reviewing a complete copy of the Ordinance may do so at the City Hall at 8080 Mitchell Road, Eden Prairie, MN 55344 during the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday. Effective Date: This Ordinance shall take effect upon publication. Nancy Tyra- Lukens, Mayor ATTEST: Kathleen Porta, City Clerk PUBLISHED in the Eden Prairie News on February 11, 2016.