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.