2005-028
RESOLUTION 2005-028
WHEREAS, KMC Telecom II, Inc. ("KMC") and the City of Hopkins, Minnesota
(the "City") entered into an Encroachment Agreement ("Agreement") which took effect
February 1, 2000 with an initial expiration of January 31,2008 and with automatic
renewals for five year periods. As a result of a pending Asset Purchase Agreement
initiated by CenturyTel Acquisitions LLC ("CenturyTel") d/b/a KMC Telecom III to
purchase the network assets ofKMC in Hopkins, KMC has notified the City of its intent
to transfer and assign the rights and obligations ofKMC to CenturyTel and has requested
the consent of the City to transfer those rights and obligations pursuant to the Agreement;
and
WHEREAS, CenturyTel and KMC have jointly filed an application at the
Minnesota Public Service Commission pursuant to Minnesota Statute S237.74(12) for the
transfer of assets and customers from KMC Telecom III LLC (f/k/a KMC Telecom, LLC;
KMC Telecom III, Inc.), a wholly owned subsidiary ofKMC Telecom Holdings, Inc. to
KMC Telecom III LLC, a wholly owned subsidiary of CenturyTel Acquisition, LLC,
WHEREAS, CenturyTel is qualified to provide the same services that KMC has
been providing in Hopkins;
WHEREAS, CenturyTel agrees to adhere to all applicable provisions of the
Agreement;
WHEREAS, CenturyTel's acquisition of and continued operation ofKMC's
network assets in the City of Hopkins will result in positive benefits for the Hopkins
community in that it will promote local exchange competition.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Hopkins that consent to the transfer and assignment of the rights and obligations ofKMC
pursuant to the terms of the Encroachment Agreement to CenturyTel is hereby granted.
BE IT FURTHER RESOLVED that this Consent shall become effective as of
the date of the closing of the Asset Purchase ofKMC Telecom III LLC's assets in
Hopkins by CenturyTel which is anticipated to be on or near June 30, 2005. In the event
that the Asset Purchase is not closed before or within ninety (90) after June 30, 2005, this
Consent shall be null and void.
Adopted, this ~ day of
, 2005.
1M ~
ACCEPTED AND AGREED TO:
"City"
a Brown Johnson
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Title
Vice-President and Senior Counsel
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Dan Davis
Print Name
Senior Vice President & General Counsel
Title
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