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Memo - Second Reading of Ordinance 2001-855 ~ CITY OF HOPKINS MEMORANDUM To: Hopkins City Council From: Jim Genellie Date: June 11, 2001 Subject: Second Reading of Ordinance 2001-855 Staff recommends that the Council approve the following motion: Move that the Hopkins City Council approve Ordinance 2001-855 for second reading and order published. This ordinance has not changed since the first reading. Attachments: Ordinance 2001-855 , CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2001-855 AN ORDINANCE REPEALING ORDINANCE 2001-850 WHICH GRANTED A CABLE TELEVISION FRANCHISE TO WIDEOPENWEST WHEREAS, in April 2000, WideOpenWest Minnesota, LLC ("WideOpenWest") requested that the City of Hopkins, Minnesota ("City") commence proceedings under Minn. Stat. ~ 238.081 to consider the grant of a cable television franchise ("Franchise") to WideOpenWest. WHEREAS, on February 6, 2001, the City adopted an Ordinance granting WideOpenWest a Franchise to own and operate a cable system within the City subject to acceptance by WideOpenWest. WHEREAS, on March 23, 2001, the City received a written letter from D. Craig Martin, Esq. of WideOpenWest informing the City of WideOpenWest's inability to accept the Ordinance granting a Franchise due to adverse market conditions. Now therefore, the City Council of the City of Hopkins does hereby ordain: Section 1. Ordinance No. 2001-850 granting a Franchise to WideOpenWest is hereby repealed in its entirety. Section 2. The process undertaken by the City pursuant to Minn. Stat. ~ 238.081 is hereby completed as it relates to WideOpenWest's request for a Franchise. Section 3. In the event WideOpenWest should seek a Franchise from the City it must reinitiate the statutory procedure required under Minn. Stat. ~ 238.081, as well as negotiate with the City mutually acceptable terms and conditions for a new Franchise. Section 4. The effective date of this ordinance shall be twenty days after pu bl ication. First Reading: June 5, 2001 Second Reading: June 19, 2001 Date of Publication: June 27, 2001 Date Ordinance Takes Effect: July 18, 2001 1 ATTEST: Terry Obermaier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Gene Maxwell, Mayor Date 2