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File #: RES 15-199    Version: 1 Name: Summary Resolution - Chapter 14
Type: Resolution Status: Passed
File created: 12/3/2015 In control: City Council
On agenda: 12/3/2015 Final action: 12/3/2015
Title: PUBLICATION OF THE TITLE AND SUMMARY OF ORDINANCE 15-2332 GRANTING A FRANCHISE TO QWEST BROADBAND SERVICES, INC., D/B/A CENTURYLINK, TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE SYSTEM IN THE CITY OF BLAINE, MINNESOTA, FOR THE PURPOSE OF PROVIDING CABLE SERVICE; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS-OF-WAY IN CONJUNCTION WITH THE CITY'S RIGHT-OF-WAY ORDINANCE, IF ANY; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN
Sponsors: Chris Olson

ADMINISTRATION - Clark Arneson, City Manager

 

Title

PUBLICATION OF THE TITLE AND SUMMARY OF ORDINANCE 15-2332 GRANTING A FRANCHISE TO QWEST BROADBAND SERVICES, INC., D/B/A CENTURYLINK, TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE SYSTEM IN THE CITY OF BLAINE, MINNESOTA, FOR THE PURPOSE OF PROVIDING CABLE SERVICE; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS-OF-WAY IN CONJUNCTION WITH THE CITY’S RIGHT-OF-WAY ORDINANCE, IF ANY; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN

 

Background

Ordinance 15-2332, was adopted on December 3, 2015.  Minnesota Statute 412.191, Subd. 4, provides for publication of the title and summary of an ordinance in the case it is lengthy, if the City Council determines that publication of the title and a summary would clearly inform the public of the intent and effect of the ordinance.  As Ordinance 15-2332 is lengthy staff is recommending adoption of the proposed summary resolution.  The entire ordinance is available for inspection during regular office hours at City Hall and can be forwarded upon request.

 

Recommendation

Adopt the resolution providing for a summary publication of Ordinance 15-2332. 

 

Body

                                          WHEREAS, City Code states if the City Council of the City of Blaine determines, pursuant to Minn. Stat. § 412.191, subd. 4, that publication of the title and a summary of an ordinance would clearly inform the public of the intent and effect of the ordinance, the Council may, by a four-fifths vote of its membership, direct that only the title of the ordinance and a summary be published with notice that a printed copy of the entire ordinance is available for inspection by any person during regular office hours in the office of the City Clerk. The publication of the title and summary shall be deemed to fulfill all legal publication requirements as completely as if the entire ordinance had been published; and

 

WHEREAS, the City Council of the City of Blaine, Minnesota ordains:

 

STATEMENT OF INTENT AND PURPOSE

 

Qwest Broadband Services, Inc., d/b/a CenturyLink (“Grantee”), applied for a cable franchise to serve the City.  The City will adopt separate findings related to the application and the decision to grant a cable franchise to Grantee, which shall be incorporated herewith by reference.  The City intends, by the adoption of this Franchise, to bring about competition in the delivery of cable services in the City. 

 

Adoption of this Franchise is, in the judgment of the Council, in the best interests of the City and its residents.

 

The specific terms and conditions of the Franchise Ordinance, Sections 1 to 14, and Exhibits are available for review at Blaine City Hall, 10801 Town Square Drive NE, Blaine, Minnesota.

 

PASSED by the City Council of the City of Blaine this 3rd day of December, 2015.