HomeMy WebLinkAboutResolution No. 2000-093 Everest Connection Corporation Cable TV Franchise w91N�\l�, RESOLUTION NO. 2000-93
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City of Edina
A RESOLUTION REGARDING RECOMMENDATIONS
WITH RESPECT TO EVEREST CONNECTIONS CORPORATION'S
PROPOSAL FOR A CABLE COMMUNICATIONS FRANCHISE
WHEREAS, Minnesota Statutes § 238.08(a) mandates that the City require a
franchise for any cable communication system providing service within the City; and
WHEREAS, Federal law at 47 U.S.C. § 541(a) provides that a city "may not
unreasonably refuse to award an additional competitive franchise"; and
WHEREAS, the City carefully followed the franchise procedure required by
Minnesota Statutes § 238.081 by publishing once each week (June 21, 2000, and June 28,
2000) for two successive weeks in the Sun-Current, a Notice of Intent to Franchise a
Cable Communications System; and
WHEREAS, the Notice stated all eight (8) criteria outlined in Minn. Stat. § 238.081
• Subd. 2; and
WHEREAS, 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; and
WHEREAS, 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; and
WHEREAS, 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; and
WHEREAS, the City Council determined to call a Public Hearing to consider the
application received from Everest at its regularly scheduled September 5, 2000, meeting;
and
WHEREAS, 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; and
City Hall 1 (952) 927-8861
4801 WEST 50TH STREET FAX(952)826-0390
EDINA,MINNESOTA 55424-1394 TDD(952)826-0379
RESOLUTION NO. 2000-93 EVEREST CONNECTION CABLE TV FRANCHISE
• WHEREAS, the City carefully reviewed all information and documentation
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presented to it regarding Everest's proposal and qualifications to construct, own and
operate a cable communications system within the City; and
WHEREAS, 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; and
WHEREAS, 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 is hereby
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§238.061; and
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; and
3. The City has determined that an ordinance awarding a franchise to Everest
should be introduced to the City Council for consideration and action; and
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 5th day of September, 2000.
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RESOLUTION NO. 2000-93 EVEREST CONNECTION CABLE TV FRANCHISE
ATTEST:
City Clerk Mayor
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )SS
CITY OF EDINA )
CERTIFICATE OF CITY CLERK
1, 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 September 5, 2000, and as recorded in the Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this day of , 20`
City Clerk
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