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5.e) Summary Publication of Ordinance 147 (Resolution No. 11-19-13-01) CITY OF SCANDIA WASHINGTON COUNTY,MINNESOTA RESOLUTION NO. 11-19-13-01 A RESOLUTION OF THE CITY OF SCANDIA,WASHINGTON COUNTY, MINNESOTA,PROVIDING FOR THE SUMMARY PUBLICATION OF ORDINANCE NO. 147: AN ORDINANCE GRANTING A FRANCHISE TO MIDCONTINENT COMMUNICATIONS ("MIDCONTINENT")TO CONSTRUCT,OPERATE AND MAINTAIN A CABLE SYSTEM IN THE CITY OF SCANDIA,MINNESOTA SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS-OF-WAY; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN. WHEREAS, On November 19, 2013, at a Regular Meeting of the Scandia City Council, by majority vote, the City Council adopted Ordinance No. 147 an ordinance granting a franchise to Midcontinent Communications to construct, operate and maintain a cable system in the City of Scandia, Minnesota setting forth conditions accompanying the grant of the franchise; providing for regulation and use of the system and the public rights-of-way; and prescribing penalties for the violation of the provisions; and WHEREAS, State law requires that all ordinances adopted be published prior to becoming effective; and WHEREAS, the City Council for the City of Scandia has determined that publication of the title and a summary of Ordinance No. 147 would clearly inform the public of the intent and effect of the Ordinance; and WHEREAS, the City Council for the City of Scandia has reviewed the summary of Ordinance No. 147 attached and incorporated herein as Exhibit A; and WHEREAS, the City Council for the City of Scandia has determined that the text of the summary clearly informs the public of the intent and effect of Ordinance No. 147. NOW THEREFORE BE IT RESOLVED,the City Council for the City of Scandia hereby: 1. Approves the text of the summary of Ordinance No. 147 attached as Exhibit A. 2. Directs the City Clerk to post a copy of the entire text of Ordinance No. 147 in all public locations designated by the City Council. 3. Directs the City Clerk to publish the summary in the City's legal newspaper within ten days. 4. Directs the City Clerk to file the executed Ordinance upon the books and records of the City along with proof of publication. Dated this 19t" Day of November,2013. Randall Simonson, Mayor ATTEST: Kristina Handt, City Administrator Exhibit A Ordinance Summarv Ordinance No. 147 AN ORDINANCE GRANTING A FRANCHISE TO MIDCONTINENT COMMUNICATIONS ("MIDCONTINENT") TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE SYSTEM IN THE CITY OF SCANDIA, MINNESOTA SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS-OF-WAY; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN. On November_l 9, 2013, the City of Scandia, Minnesota ("City") adopted an Ordinance granting a Cable Television Franchise to Midcontinent. The Ordinance serves two purposes. First, it is intended to provide for and specify the means to attain the best possible cable service for the public by providing requirements for cable with respect to technical standards, customer service obligations, and related matters. Second, it grants a non-exclusive cable franchise to Midcontinent to operate, construct and maintain a cable system within the City and contains specific requirements for Midcontinent to do so. The Ordinance includes the following: 1) requires Midcontinent to maintain a 750 MHz capacity cable system; 2) imposes on Midcontinent a franchise fee of five percent (5%) of Midcontinent's annual gross revenues; 3) establishes a franchise term of fifteen (15) years; 4) provides a list of public buildings entitled to receive complimentary cable service; 5) reyuires Midcontinent to dedicate channel capacity for public, educational and governmental programming and provides capital support of such channels; 6) mandates customer service standards regarding Midcontinent's provision of cable services; and 7) requires a performance bond to enforce Midcontinent's compliance with the Ordinance. A printed copy of the Ordinance is available for inspection by any person during regular office hours at City Hall or by standard or electronic mail.