HomeMy WebLinkAbout99-113
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
RESOLUTION 99-113
Approving a Cable Television Franchise Agreement
between the City of Prior Lake and Triax Midwest Associates, L.P.
Motion By: Kedrowski
Second By: Schenck
on or about August 15, 1983, the City of Prior Lake ("City") passed and adopted an
Ordinance granting a Cable Television Franchise ("Franchise") currently held by Triax
Midwest Associates, L.P. ("Triax"); and
on April 29, 1999, a certain Asset Purchase Agreement ("Agreement") was made and
entered into by and among Triax and Mediacom LLC; and
Triax and Mediacom have requested consent by the City to transfer the Franchise and
the assets comprising the Cable System to Mediacom Minnesota LLC ("Mediacom");
and
in compliance with the terms of the Asset Purchase Agreement, the name of
grantee/franchisee under the Franchise will be changed to Mediacom; and
under the Franchise and applicable law, the proposed Transfer requires consent from
the City; and
the City has reviewed the proposed Transfer and the legal, technical and financial
qualifications of Mediacom and Mediacom LLC; and
based on information obtained and on the reports and information received by the City,
including the report prepared by the City's cable television consultants, Moss & Barnett,
a Professional Association, which is hereby incorporated by reference, the City has
found no reason to disapprove of the proposed Transfer to Mediacom; and
by Resolution 99-74, the Prior Lake City Council has approved of the transfer and
assignment subject to six conditions including satisfactory completion of a new Cable
Television Franchise Ordinance and Cable Television Franchise Agreement; and
both documents have been prepared and are to be considered by the Prior Lake City
Council on or before October 18, 1999.
Now THEREFORE, be it resolved by the City Council of the City of Prior Lake as follows:
1. The Franchise Agreement dated October 18, 1999 is hereby approved, and the Mayor and City
Manager are hereby authorized to execute said Agreement on behalf of the City.
2. The Grantee shall reimburse the City its reasonable costs associated with the review of the
transfer which costs shall be deemed to be a part of the application fee and apply to costs
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
incurred by the City for professional services necessary to evaluate this transfer. The
application fee in the Franchise shall consist of the fee required by the City to begin evaluation
of the Grantees request for transfer plus the City's out-of-pocket expenses for professional
services (collectively "application fee').
This Resolution shall take effect and continue and remain in effect from and after the date of its
passage, approval and adoption.
PASSED AND ADOPTED THIS 18TH DAY OF OCTOBER, 1999.
YES
NO
Mader X Mader
Kedrowski X Kedrowski
Petersen X Petersen
Schenck X Schenck
Wuellner X Wuellner
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