Cable Television Franchise Ordinance

The following is a condensed version of an ordinance adopted by the Rushford City Council, August 12, 2018, entitled Cable Television Franchise Ordinance, Ordinance Granting a Franchise to Ace Telephone Association DBA Acentek to Operate and/or Maintain a Cable Television System in the City of Rushford, MN, Setting Forth Conditions Accompanying the Grant of the Franchise. The 1996 and 2003 Franchise/Cable Communications Ordinance shall be repealed in its entirety and replaced by this new ordinance.

WHEREAS, the City of Rushford adopted Ordinance No. A100, January 22, 1996 and amended June 23, 2003 entitled “An Ordinance Granting a Franchise to Construct, Operate and Maintain a Cable Television System in the City of Rushford”; short title known as “Cable Communications Ordinance”, to HBC/Ace Cable, LLC, which is currently operated by Ace Telephone Association DBA AcenTek; and 

WHEREAS, the term of the agreement was for fifteen (15) years and was scheduled to expire on June 23, 2018; and

WHEREAS, negotiations were begun with AcenTek to renew the franchise agreement; and

WHEREAS, the City and AcenTek agreed to extend the term of the Franchise Agreement from June 23, 2018 through and including June 23, 2019 to continue the renewal negotiations and agreed that the Franchise would remain in full force and effect until said negotiations were completed; and

NOW, THEREFORE, the City of Rushford and AcenTek have completed negotiations of the terms of the Franchise Agreement.  The City intends by the adoption of this Franchise, to bring about the development of a Cable System, and the continued operation of it.  Such a development can contribute significantly to the communications needs and desires of the residents and citizens of the City and public generally.  Further, the City may achieve better utilization and improvement of public services and enhanced economic development with the development and operation of a Cable System.    The City intends to adopt the following Ordinance: “AN ORDINANCE GRANTING A FRANCHISE TO ACE TELEPHONE ASSOCIATON DBA ACENTEK TO OPERATE AND/OR MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF RUSHFORD, MINNESOTA SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE.  The 1996 and 2003 Franchise/Cable Communications Ordinance shall be repealed in its entirety. 

THE CITY OF RUSHFORD ORDAINS:

CABLE TELEVISION FRANCHISE ORDINANCE

Table of Contents

Statement of Intent and Purposes

Findings

Section 1.  Short Title and Definitions

Section 2.  Grant of Authority and General Provisions

Section 3.  Design Provisions

Section 4.  Services Provisions

Section 5.  Public Access provisions

Section 6.  Operation and Administration Provisions

Section 7.  General Financial and Insurance Provisions

Section 8.  Transfer and Enforcement

Section 9.  Miscellaneous Provisions

Section 10.  Publication Effective Date; Acceptance and Exhibits

Exhibit A:  Service to Public Buildings

This ordinance shall be in full force and effect from and after its passage and approval and publication, as required by law and/or charter.  Passed and Adopted by the City Council of the City of Rushford this 12th  day of August, 2019.

/s/  Chris Hallum

Mayor Chris Hallum

Attest:

s/s  Kathy Zacher

Kathy Zacher, City Clerk/Treasurer

The full text of the above ordinance is available for review at the Rushford City Hall, 101 North Mill Street or on the City’s website at www.rushford.govoffice.com