Title
RESOLUTION AUTHORIZING EXTENSION OF CURRENT CABLE FRANCHISE AGREEMENT WITH CHARTER COMMUNICATIONS THROUGH JULY 1, 2017.
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CITY PROPOSAL:
WHEREAS, on May 8, 2006, the city adopted a cable franchise to, and agreement with, CC VIII Operating, LLC, d/b/a Charter Communications ("Charter"), pursuant to city Ordinance No. 9775, File No. 06-013-O, titled "AN ORDINANCE GRANTING A FRANCHISE TO CC VIII OPERATING, LLC, D/B/A CHARTER COMMUNICATIONS, ITS SUCCESSORS, AND ASSIGNS, TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE SYSTEM IN THE CITY OF DULUTH SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEMS AND PUBLIC RIGHTS-OF-WAY; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISION THEREIN ("Franchise");
WHEREAS, the initial term of the Franchise expired on July 9, 2016;
WHEREAS, Charter and the city are in negotiations for a new cable franchise agreement;
WHEREAS, the City and Charter desire to temporarily extend the term of the Franchise until the new cable franchise agreement terms can be negotiated, finalized, and approved via city ordinance;
WHEREAS, Minnesota law provides that after Franchise expiration the parties shall honor the current Franchise during negotiations for a successor cable franchise agreement.
THEREFORE, BE IT RESOLVED, that the proper city officials are hereby authorized to extend and administer the Franchise, Ordinance No. 9775, File No. 06-013-O, through and including July 1, 2017, or the effective date of a new cable franchise agreement with Charter approved via city ordinance, whichever date occurs sooner;
BE IT FURTHER RESOLVED that the proper city officials are hereby authorized and encouraged to negotiate a new cable franchise agreement with Charter to be approved via city ordinance and then published pursuant to Section 82 of the City Charter; and
BE IT FURTHER RESOLVED in granting this extension, the city does not waive any right under the Franchise or a...
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