91-7824R79
RESOLUTION N0. 7824
A Resolution Approving a Settlement with the
Grantee Under the City°s Cable. Communications
Franchise Ordinance Regarding Revisions to and
Extension of Certain Terms of the CATV Relief
Ordinance as Amended, Based Upon Enactment of the
Local Programming Restructuring Ordinance and
Modifications to Other Related Agreements.
WHEREAS, the City Council of the City of Richfield ("City")
is the official governing body of City; and
WHEREAS, City has awarded a cable communications franchise
("Franchise") which is held by KBL Cablesystems of the Southwest,
Inc. ("Grantee"); and
WHEREAS, the City adopted Ordinance No. 1985-13 in 1985
("CATV Relief Ordinance"), providing for modification of certain
requirements of the Franchise; and
WHEREAS, Grantee underwent a change of control in 1989 and
in connection thereto requested that City and the Southwest
Suburban Cable Commission ("SWSCC"), a joint powers commission
comprised of this City and the Cities of Edina, Eden Prairie,
Hopkins and Minnetonka ("Member Cities") modify and extend the
CATV Relief Ordinance as a part of the transfer of ownership; and
WHEREAS, the City adopted Ordinance No. 1988-22 providing
modifications to the CATV Relief Ordinance in contemplation of a
transfer of control of the City's Franchise ("CATV Relief
Ordinance Amendment"); and
WHEREAS, the CATV Relief Ordinance, as amended by the CATV
Relief Ordinance Amendment (collectively "Relief Ordinances"),
provided that the relief would terminate as of March 1, 1992; and
WHEREAS, the Relief Ordinances required Grantee to make any
requests for extension of the relief prior to September 1, 1990;
and
WHEREAS, Grantee on August 27, 1990, notified City and the
SWSCC of its desire to continue the provisions of the Relief
Ordinances in effect after March 1, 1992; and
WHEREAS, the SWSCC reviewed Grantee's request during a
series of meetings of the SWSCC°s operating committee and
regularly scheduled commission meetings; and
WHEREAS, the SWSCC at a commission meeting, held on May 22,
1991, authorized its staff to enter into negotiations with
Grantee to develop a SWSCC recommendation to City to continue in
effect certain provisions of the relief Ordinances on a modified
basis; and
Resolution No. 7824
WHEREAS, the SWSCC,
adopted a Resolution ("S
City approve and accept
provisions of the Relief
entered into pursuant to
and extended, a copy of
and
-2-
a~d a meeting held on October 23, 1991,
SdC Resolution") recommending that the
he'I conditions upon which certain
0 dinances and certain agreements
t~e Relief Ordinances would be modified
hi~,ch is attached hereto as Exhibit 1;
WHEREAS, the City has
SWSCC and documents modify.
the Relief Ordinances as s~
("Local Programming Restru~
modifying certain provisio:
pursuant to the Relief Ord
accepts the recommendation
to be reasonable and accep
eviewed the recommendation of the
g and extending certain provisions of
forth in Ordinance No. 1991-15
wring Ordinance"), as well as
of those agreements entered into
ances, and based upon this review
f the SWSCC and finds said documents
ble to the City; and
WHEREAS, the City andlGrantee agree that the provisions of
the Relief Ordinances shall'~i not be modified and extended beyond
March 1, 1992, unless and until the necessary actions set forth
in the SWSCC Resolution ark taken by all Member Cities;
NOW, THEREFORE, in a regular meeting of the City Council of
the City of Richfield, the following is resolved:
1) The Mayor and City Manager are hereby authorized to
sign, on behalf of City, all documents necessary to repeal
the Relief Ordinances and effectuate the Local Programming
Restructuring Ordinance. Such documents shall include, but
shall not be limited -~o, those documents. listed on Exhibit 2
attached hereto ("Documents").
2) The terms of this Resolution are contingent upon
adoption, approval, and/or execution of all necessary
Documents by the City, other Member Cities of the SWSCC and
the SWSCC.
~'
3) This Resolution shall be null and void if a similar
resolution is not approved by other Member Cities of the
SWSCC within 90 days from the effective date of this
Resolution. !,
4) The terms of this~Resolution shall be null and void
unless the conditions precedent to the effective date of the
Local Programming Restructuring Ordinances, as set forth in
Section 9 thereof, have been satisfied.
5) The City Clerk is
Administrator four (4)
Documents and .this Res
to coordinate a closir.
adoption of the Local
the final Member City,
Administrator.
uthorized to forward to the SWSCC
executed and certified copies of all
lution, and the SWSCC is authorized
to be held within 90 days of the
rogramming Restructuring Ordinance by
at the office of the SWSCC
Resolution No. 7824 -3-
This Resolution is passed and adopted this 25th day of
November, 1991.
--. hx~-cam"
Martin J. 'rsch Mayor
ATTESTS
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f ~+~ i~
Thomas P. Ferber City Clerk