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HomeMy WebLinkAbout6A Merger Triax/DD Cable ...... AGENDA #: PREP ARED BY: SUBJECT: DATE: INTRODUCTION: DISCUSSION: ISSUES: ALTERNATIVES: STAFF AGENDA REPORT 6A f\~ \ FRANK BOYLES, CITY MANAGER X PUBLIC HEARING TO CONSIDER PRO OF TRIAXlDD CABLE COMPANY JUNE 17, 1996 The cable television franchise agreement between the City of Prior Lake and Triax Midwest Associates provides that the City must consent to a transfer of the cable television franchise. We have received an application by Triax Midwest Associates, L.P., D.D. Cable Partners, L.P., and D.D. Cable Holdings, Inc. d/b/a Midwest and Northland Cablevision for such a transfer. Thomas Creighton, with the law firm of Burnick and Lifson, has historically represented Prior Lake on cable television matters. I have attached a May 16, 1996 letter from Mr. Creighton which instructs the cities served by his firm to open a Public Hearing on or before June 17. The City Council is to open a Public Hearing and continue it until further notice from Burnick and Lifson. In the meantime, it is Attorney Creighton's intent to review the provisions of the proposed transfer. Among his priorities is to assure that reimbursement of City expenses is paid for by the petitioner. Mr. Creighton will be present at a subsequent hearing to further discuss the cable transfer issue. The Council has the following alternatives: 1. Open the Public Hearing and continue it pending notification from the attorney's office. RECOMMENDATION: Alternative #1. I am advised by the attorney that there is little leverage available for the City under the terms of our franchise agreement and other state and federal laws to appreciably 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER improve the conditions of our existing franchise agreement. Instead, Mr. Creighton has suggested that it would be appropriate for the cities of Prior Lake and Savage and the school district to approach the companies once the transfer has taken place in an effort to initiate a more productive relationship than has existed in the past. ACTION REQUIRED: Open the Public Hearing and continue it until further notice from the attorney's office. Attachment AG60617.DOC NOTICE OF PUBLIC HEARING (to be published in the June 8, 1996 Prior Lake American) PLEASE TAKE NOTICE that on June 17, 1996 at 7:30 o'clock p.m., or as soon thereafter as individuals may reasonably be heard, at Prior Lake Fire Station I, 16776 Fish Point Road, the City of Prior Lake will open a public hearing to receive input regarding the proposed transfer of ownership of Triax Midwest Associates, L.P., Dn Cable Partners, L.P., DD Cable Holdings, Inc., and its subsidiary d/b/a Midwest Cablevision. Individuals wishing to present information should attend. (for publication in the Saturday, June 8, 1996 Prior Lake American) PHNTRIAX.DOC