90-2075 � �1 �'• �� a � /�
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Green Sheet # ���/�
' RESOLUTION
' F SAIN PA L, INNESOTA o�l;
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Presented y �
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Referred To �_I Co ittee: Date
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1 WHE�EAS` on November 2, 1988, Continental Cablevision of Saint Paul, Inc.
2 ("Continenta.�") reqt�ested of the City by letter both reduction of the cable television gross
3 franchise fe� ("Fe�") from 5% to 2�/�% and relief from further obligation under the
4 Institutional �Tetwdrk Development Fund; and
5 WHEREASI Continental's request was re�ed to the Public Works and Utilities
6 Committee, vphich $aid over consideration of Cbntinental's request pending completion of
7 the Year Fiv� Perfprmance Evaluation of Coxt��ental; and
8 WHE�tEAS, an initial report from cable communications consultant Victoria Long
9 dated August 21, 1�89 was prepared and presented to the Council; and
10 WHEREAS� the Public Works and Utilities Committee held public hearings on the
11 Year Five Perform�nce Review of Continental in the Summer of 1989; and
12 WHEREAS� by Council Resolution 89-2094, approved by the Mayor December 1,
13 1989,Council close� the public record on the Year Five Performance Review of Continental
14 and request�d a rther report, to be fumished to the Council by close of business
15 December 1S, 198 , presenting staffls findings as to the materiality of each unfulfilled
16 francluse obl'�jgatior�, as identified in Ms. Long's August 21, 1989 report, together with staff's
17 judgment as �o wh�ther any unful�lled franchise obligation represented substantial breach
18 of the franchise; a�d
19 WHE�tEAS' by Council Resolution approved on December 14, 1989, Council
20 extended the due d�ate of the requested report to January 15, 1990; and
21 WHE�ZEAS� the document titled "Staff Report Related to the Year Five
22 Performance Evalulation of Continental Cablevision of Saint Paul" ("Report")was prepared
23 as directed and prqvided to Council on January 15, 1990; and
24 WHEREAS� the Report found instances in which Continental has not fulfilled
25 franchise obl�gatio�s as of the conclusion of Year Five of the franchise; and
26 WHEREAS� Council finds that the Report's conclusions as to materiality and breach
27 do constitute'subst�ntial violation of material provisions of the franchise and/or failure to
28 provide types� or qyality of service as required in the franchise; now therefore,
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1 BE I'�' RESpLVED, that the Council accepts the Report; and
2 BE IT'FIN Y RESOLVED, that the Council instructs staff to prepare and send
3 to Continent�l,un er provisions of Legislative Code Chapter 430,Article VIII., §430.081 (c),
4 both written dema�nd that Continental remedy the violations set forth in the Report and
5 written notic� that i continued violations may be cause for termination of the franchise.
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Requested by Department of:
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Form Approved by City Attomey.
Adopted by Council: Date�_ (� �
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Adoption Certified by Cpuncil5�ecretary
' Approved by Mayor for Submission to Council:
By:
sy:
Approved by Mayor: Date,_„r_
By:
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CITY OF SAINT PAUL
` " OFFICE OF THE CIT`Y ATTORNEY
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'�•• JANE A. MC PEAK, CITY ATTORNEY
647 City Hall,Saint Paul,Minnesota 55102
612-298-5121
JAMES SCHEIBEL F.�6i2-29g-s5i9
MAYOR
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October 26, 1990 � � ��
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Council President William Wilson
Seventh Floor, City Hall BILL WILSO�J
Courthouse
Dear Council President Wilson:
By memo dated October 12, 1990, you asked us to review the
attached resolution as to its form.
The format is satisfactory.
However, we recommend that the last recital or whereas clause
and the conclusion be modified.
Chapter 430 of the Legislative Code specifically addresses the
issue of a breach or violation by Continental Cablevision of its
franchise agreement. Our concern with the referenced paragraphs
is that they state the conclusion that Continental has indeed
violated its agreement. That is premature.
Accordingly, we suggest that they be redrafted to:
1) Accept the Report; and
2) Demand that the violations noted in
the Report be corrected within 30
days; and
3) Direct staff to report back to the
Council whether corrective measures
have been taken within 30 days.
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Council President Wilson
October 26, 1990
Page 2
Your' attention is called to Sec. 430. 081 (c) which sets forth
the procedure for termination. It is critical that it be followed
in terms of notification requirements and a public hearing before
the ultimate determination to terminate is made.
To protect the legitimacy of your action in this matter, you
made wish to have your staff review the termination section
referenced above and draft the resolution along its lines.
Yours very truly,
. -�G��°
Paul F. McClo�key
Assistant City Attorney
PFM/mr
c: Jane McPeak