Loading...
Res 2018- 54 Comcast Franchise Extension to Mar 31 2019CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2018 - 54 GRANTING COMCAST OF ST. PAUL, INC., A FRANCHISE EXTENSION TO MARCH 31, 2019 WHEREAS, on or about April 1, 2000, the City of Mendota Heights, Minnesota ("City") granted a Cable Television Franchise Ordinance ("Franchise") which is currently held by Comcast of St. Paul, Inc. ("Comcast"); and WHEREAS, Comcast has requested renewal of the Franchise; and WHEREAS, the initial term of the Franchise was extended by the City on March 3, 2015 when the City adopted Resolution 2015-20, which extended the term of the Franchise until March 31, 2016; and WHEREAS, Comcast executed Resolution 2015-20 and agreed to continue complying with the Franchise, as amended; and WHEREAS, the Franchise was extended by the City on March 3, 2016 when the City adopted Resolution 2016-19, which extended the term of the Franchise until March 31, 2017; and WHEREAS, Comcast executed Resolution 2016-19 and agreed to continue complying with the Franchise, as amended; and WHEREAS, the Franchise was extended by the City on March 21, 2017 when the City adopted Resolution 2017-23, which extended the tee in of the Franchise until December 31, 2017; and WHEREAS, Comcast executed Resolution 2017-23 and agreed to continue complying with the Franchise, as amended; and WHEREAS, the Franchise was extended by the City on December 19, 2017 when the City adopted Resolution 2017-115, which extended the teen of the Franchise until July 31, 2018; and WHEREAS, Comcast executed Resolution 2017-115 and agreed to continue complying with the Franchise, as amended; and WHEREAS, both the City and Comcast desire to reserve all of their respective rights under state and federal law regarding the franchise renewal process, specifically all rights provided by 47 U.S.C. § 546. 2717999v4 NOW, THEREFORE, the City of Mendota Height, Minnesota hereby resolves as follows: 1. The Franchise is hereby amended by extending the term of the Franchise from August 1, 2018 through and including March 31, 2019, unless earlier renewed by the parties. 2. Except as specifically modified hereby, the Franchise shall remain in full force and effect. 3. The City and Comcast hereby agree that neither party 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; and (2) Comcast's acceptance of this Resolution. Adopted by the City of Mendota Heights, Minnesota, this 7th day of August, 2018. CITY COUNCIL CITY OF MENDOTA HEIGHTS ATTEST: Neil Garlock, Mayor ,Ltz.S Lorri Smith, City Clerk Res 2018-54 2717999v4 page 2 ACCEPTANCE AND AGREEMENT Comcast of St. Paul, Inc. hereby accepts this Resolution 2018-54 ("Resolution") and hereby accepts the terms, provisions and recitals of the Resolution and agrees to be bound by the Franchise. Dated this day of , 2018. COMCAST OF ST. PAUL, INC. By: Its: SWORN TO BEFORE ME this day of , 2018. NOTARY PUBLIC Res 2018-54 2717999v4 page 3