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HomeMy WebLinkAboutResolution No. 2012-063 Granting Comcast a Franchise Extension to 7/31/2012 • RESOLUTION NO. 2012-63 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDINA,MINNESOTA GRANTING COMCAST OF ARKANSAS/ FLORIDA/LOUISIANA/MINNESOTA/MISSISSIPPI/TENNESSEE, INC. A FRANCHISE EXTENSION TO JULY 31,2012 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 of Arkansas / Florida / Louisiana / Minnesota / Mississippi /Tennessee, Inc. ("Comcast"); and WHEREAS, the City adopted Resolution No. 2011-117 on November 15, 2011 extending the term of the Franchise, as amended by the Resolution; and WHEREAS, Comcast executed said Resolution No. 2011-117 and agreed to continue complying with the Franchise, as amended by the Resolution; 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 April 17, 2012 to July 31,2012; 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 April 17,2012 through and including July 31, 2012. 2. Except as specifically modified hereby,the Franchise shall remain in full force and effect. 3. The City and Comcast hereby agree that neither waives any rights either may have under the • Franchise or applicable law. • � r 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 17th day of April, 2012. i CITY OF EDINA, MINNESOTA By: Its: ATTEST: City Clerk ACCEPTANCE Comcast of Arkansas/Florida/Louisiana/Minnesota/Mississippi/Tennessee, Inc. hereby acknowledges the City of Edina, Minnesota Resolution No._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: COMCAST OF ARKANSAS/FLORIDA/ LOUISIANA/MINNESOTA/ MISSISSIPPI/TENNESSEE,INC. By: Its: Sworn to before me this day of Notary Public •