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HomeMy WebLinkAboutResolution No. 2001-036 Rescinding Cable Communications - Everest CommunicationsNO. 2001-36 City of wina RESCINDING CABLE COMMUNICATIONS FRANC�IISE ORDINANCE GRANTED TO EVEMST MINNESOTA LICENSEE, LLC WHEREAS, in April 2000, Everest Minnesota Licensee, LLC ("Ev est") requested that the City of Edina, Minnesota ("City") commence proceedings under Min . Stat. § 238.081 to consider the grant of a cable television franchise ('Franchise") to Everest; an WHEREAS, in response to Everestls re nest, the City undertoo all necessary steps required by Minn. Stat. § 238.081 to consiZ the grant of a Franchise; and WHEREAS, in accordance with Minn. Stat. § 238.081 subd. 6, the City adopted a resolution determining that Everest possessed the requisite legal, technical and financial qualifications to operate a cable television sys> emwithin the City; and WHEREAS, the City and Everest stl<bse uently conducted negotia ions and arrived at mutually acceptable terms and, conditions for a Fr nchise; and WHEREAS, on December 19, 2000, the ity adopted an Ordinance granting Everest a Franchise to own and operate a cable systen} wit in the City subject to ac( eptance by Everest; and WHEREAS, on March 9, 2001, the Ciiy received a written, lett r from Michael L. Deggendorf on behalf of Everest informing the Ci of Everest's inability to a cept the Ordinance granting a Franchise due to adverse market conditions; and NOW, THEREFORE BE IT RESOLVED, the City of Edina, MinnesDta, hereby resolves that Ordinance No. 2000-11, granting a Frar�chisc to Everest is hereby resci ded in its entirety; and BE IT FURTHER RESOLVED, that) the process undertaken by t e City pursuant to Minn. Stat. § 238.081 is hereby completed as ii rel; ites to Everest's request for a Franchise; and BE IT FURTHER RESOLVED, in the ev nt Everest should sek a Franchise from the city, it must reinitiate the statutory procedure req ired under Minn. St�t. § 238.081, as well as negotiate with the City mutually acceptable terms nd conditions for a new Fr inchise. ATTEST:&6-4-Ap, City Clerk City Hall 4801 WEST 50TH STREET EDINA, MINNESOTA 55424-1394 (952) 927-8861 FAX (952) 826-0390 TDD (952) 826-0379 STATE OF MINNESOTA ) COUNTY OF HENNEPIN )SS CITY OF EDINA CERTIFICATE C 1F CITY CLERK I, the undersigned duly appointed and actin Ci Clerk for the City 6f that the attached and foregoing Resolution was duly adopted by the E Regular Meeting of June 5, 2001, and as recorded in the Minutes of said WITNESS my hand and seal of said City this day of .a do hereby certify City Council at its lar Meeting. ,20 City Clerk