2001-035 Resolution 2001-35
Rescinding Approval of First Reading of
Cable Communications Franchise Ordinance
- Everest Minnesota, LLC
WHEREAS, in April 2000, Everest Minnesota, LLC ("Everest") 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 Everest; and
WHEREAS, in response to Everest's request, the City undertook all necessary steps
required by Minn. Stat. §238.081 to consider the grant of a Franchise; and
WHEREAS, in accordance with Minn. Stat. §238.081 subd. 6, the City conducted a
public hearing and adopted a resolution determining that Everest possessed the
requisite legal, technical and financial qualifications to operate a cable television
system within the City; and
WHEREAS, the City and Everest subsequently conducted negotiations regarding
acceptable terms and conditions for a Franchise; and
WHEREAS, on January 2, 2001, the City approved Ordinance 2001-849 for first reading
granting Everest a Franchise to own and operate a cable system within the City
subject to acceptance by Everest; and
WHEREAS, on March 9, 2001, the City received a written letter from Michael L.
Deggendorf on behalf of Everest informing the City of Everest's inability to accept
the Ordinance granting a Franchise due to adverse market conditions.
NOW THEREFORE, the City Council of the City of Hopkins, Minnesota hereby resolves
as follows:
The City Council's approval of the first reading of Ordinance 2001-849, which would
have granted a Franchise to Everest, is hereby rescinded in its entirety.
The process undertaken by the City pursuant to Minn. Stat. § 238.081 is hereby
completed as it relates to Everest's request for a Franchise. No further action will be
taken on Ordinance No. 2001-849 and such Ordinance shall not be adopted by the City
Council.
In the event Everest should again 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.
PASSED AND ADOPTED this 5th day of June 2001'
CITY OF HOPKINS, MINNESOTA
ATTEST:
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