CR 01-65 Repeal of Ordinance 2001-850 Cable Franchis efor Wide Open West,r
0 June 5, 2001
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Repeal of Ordinance 2001 -850
Cable Franchise for WideOpenWest
Council Report 2001 -65
Proposed Action
Staff recommends adoption of the following motion: Approve Ordinance 2001 -855 for first reading.
This action will begin the process of repealing Ordinance 2001 -850, which awarded a cable franchise
in the City of Hopkins to WideOpenWest.
Overview
The City of Hopkins, along with the other four cities of the Southwest Suburban Cable Commission
went through the process of granting a new cable franchise during the last year. Hopkins adopted a
franchise ordinance for WideOpenWest (WOW) earlier this year.
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.
The Commission has recommended that cities, which have adopted franchise ordinances, rescind or
repeal these ordinances. This will require WideOpenWest to go through the complete process again
should they seek a new franchise. This action is recommended because conditions may change if and
when they return to this area. The City should retain the option to negotiate different terms and
conditions in a new franchise.
Supporting Information
• Ordinance 2001 -855
s Genellie
sistant City Manager
Financial Impact: $ None
Related Documents (CIP, ERP, etc.):
Notes:
Budgeted: Y/N Source:
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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 Ietter 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
publication.
First Reading: June 5, 2001
Second Reading: June 19, 2001
Date of Publication: June 27, 2001
Date Ordinance Takes Effect: July 18, 2001
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ATTEST: •
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature Date
Gene Maxwell, Mayor
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