HomeMy WebLinkAboutResolution No. 2011-117 Granting Comcast Extention 4-16-2012 RESOLUTION NO. 2011-117
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA
GRANTING COMCAST OF ARKANSAS/ FLORIDA/
LOUISIANA/ MINNESOTA/ MISSISSIPPI/TENNESSEE, INC.
A FRANCHISE EXTENSION TO APRIL 16, 2012
WHEREAS, effective January 1, 1997, the City of Edina, Minnesota ("City") granted a Cable Television
Franchise Agreement ("Franchise") to Time Warner Cable, Inc.; and
WHEREAS, the Franchise is currently held by Comcast Arkansas / Florida / Louisiana / Minnesota /
Mississippi/Tennessee, Inc. ("Comcast"); and
WHEREAS, pursuant to Section 47 U.S.C. §546(a) Comcast provided notification to the City of Comcast's
intent to seek renewal of the Franchise; and
WHEREAS, pursuant to Section 47 U.S.C. § 546(a) the City properly commenced franchise renewal
proceedings; and
WHEREAS, the City and Comcast, pursuant to 47 U.S.C. §546(h), are currently conducting informal
• franchise renewal negotiations in an attempt to reach a mutually acceptable terms for franchise
renewal; and
WHEREAS,the City and Comcast are interested in continuing informal renewal negotiations and desire
to extend the current Franchise term from January 2, 2012 to April 16, 2012; and
WHEREAS, both the City and Comcast desire to expressly reserve all of their respective
rights under state and federal law; and
WHEREAS,the City and Comcast continue to be governed by the formal renewal process pursuant to 47
U.S.C. §546(a g) and nothing contained herein shall in anyway diminish either party's rights under the
formal renewal process.
NOW,THEREFORE, the City Council of the City of Edina, Minnesota hereby resolves as follows:
1. The Franchise is hereby amended by extending the term of the Franchise from January
• 2, 20].2 through and including April 16, 2012.
2. Except as specifically modified hereby, the Franchise shall remain in full force and effect.
City Hall 952-927-8861
4801 WEST 50TH STREET FAX 952-826-0390
EDINA, MINNESOTA, 55424-1394 www.CityofEdina.com TTY 952-826-0379
Resolution No. 2011-117
Page Two
3. The City and Comcast hereby agree that neither waives any rights either may have
• under the Franchise or applicable law.
4. This Resolution shall become effective upon the occurrence of both of the following
conditions: (1)The Resolution being passed and adopted by the City Council of the City of Edina;
and (2) Comcast's acceptance of this Resolution.
Adopted by the City Council of Edina, Minnesota, this 15th day of Novemb r, 2 11.
Attest: --
Debra A. Mangen, City 6erk James B. Hovland, Mayor
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS
CITY OF EDINA )
CERTIFICATE OF CITY CLERK
I,the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and
foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of November 15, 2011, and
as recorded in the Minutes of said Regular Meeting.
• WITNESS my hand and seal of said City this day of
City Clerk
ACCEPTANCE
Comcast of Arkansas/ Florida/ Louisiana/ Minnesota/ Mississippi/Tennessee, Inc. hereby
11
acknowledges the City of Edina, Minnesota Resolution No.pu 11 i
and hereby accepts the terms,
provisions and recitals of the Resolution and agrees to be bound by the Franchise to the extent
consistent with applicable laws.
DATED: l _ 1`' �r I COMCAST OF ARKANSAS/FLORIDA/
LOUISIANA/MINNESOTA/
MISSISSIPPI/TENNESSEE, INC.
Its:
Sworn to before me this
day of 2cf �
• d'""'+r JEAN W STRINGER
Notary Public
State of Minnesota
No ary Public My Commission Expires
i January 31, 2015