Cable Television Amendment to Franchise AgreementTO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Amendment to the Cable Television Franchise Agreement
DATE: January 30, 2008
Cable TV Coordinator Craig Nowack recommends that a public hearing be set for
February 18, 2008, to consider approval of an ordinance amending the Cable Television
Franchise Agreement to add Sageville School to the Institutional Network and approving
a separate agreement between the City, Dubuque Community School District and
Mediacom that details the terms of adding Sageville School to the I-Net.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
2
M chael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Craig Nowack, Cable TV Coordinator
THE CITY OF
DUBL E
Masterpiece on the Mississippi
MEMORANDUM
TO: Michael C. Van Milligen, City Manager
FROM: Craig Nowack, Cable TV Coordinator L. ~-~
DATE: January 23, 2008
Dubuque
AIF~America City
1
RE: Amendment to the Cable Television Franchise Agreement 2007
INTRODUCTION
The purpose of this memorandum is to recommend the adoption of an ordinance
approving an amendment to the cable television franchise agreement to add Sageville
School to the I-Net and approving a separate agreement between the City, DCSD, and
Mediacom that details the terms of adding Sageville School to the I-Net.
BACKGROUND
The current cable television franchise agreement went into effect on June 5, 2005. It
called for the creation of a dark fiber optic network connecting more than 75
government, education, and non-profit sites in Dubuque. Since construction of the I-Net
was completed in December 2006, the Dubuque Community School District (DCSD)
has been actively using the I-Net fiber that connects its schools to The Forum.
Sageville School, presumably because it is located outside the city limits, was not an
original designated I-Net site. DCSD, however, would like to connect Sageville School
to the I-Net via six strands of fiber optic cable between Sageville School and Fulton
School. Furthermore, DCSD is willing to pay the cost for this connection which
Mediacom has determined will not exceed $61,406.99.
City Attorney Barry Lindahl determined that in addition to amending the cable television
franchise agreement to include Sageville School, a separate agreement between the
City, DCSD, and Mediacom that details the terms of adding Sageville School to the I-
Net is necessary. A copy of that agreement, the cable television franchise agreement
amendment, and the requisite ordinance are attached.
RECOMMENDED ACTION
I respectfully request that agreement, the ordinance and the amendment summarized in
this memorandum and detailed in the attached documents be forwarded to the City
Council to receive, file, and approve.
Attachments
cc: Barry Lindahl, City Attorney
Randy Gehl, Public Information Officer
RESOLUTION NO. 47-08
SETTING A PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE CABLE
TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND
MCC IOWA, LLC, ADDING SAGEVILLE SCHOOL TO EXHIBIT B, THE LIST OF SITES
CONNECTED VIA FIBER OPTIC CABLE TO THE INSTITUTIONAL NETWORK AS SET
FORTH IN THE CABLE TELEVISION FRANCHISE AGREEMENT
Whereas, Section 6(h) of the 2005 Franchise Agreement (the Franchise Agreement)
between the City of Dubuque, Iowa (City) and MCC Iowa LLC (Mediacom) establishes an
institutional network (I-Net) utilizing fiber optic cable; and
Whereas, the I-Net links public, educational, and governmental facilities in the City of
Dubuque; and
WHEREAS, the Dubuque Community School District (DCSD) has requested that
Sageville School become a part of the Institutional Network (I-Net); and
Whereas, City and Mediacom have agreed to amend Exhibit B to the Franchise
Agreement, the I-Net Site List, to add Sageville School, 12015 Sherrill Road, via six fibers
connecting to Fulton School; and
Whereas, City and Mediacom have agreed to allow Sageville School to access the I-Net
upon the terms and conditions set forth in an agreement among the City of Dubuque, MCC
Iowa, LLC (Mediacom), and DCSD.
WHEREAS, the addition of Sageville School to the I-Net is consistent with the public
interest.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be
published as prescribed by Iowa Code Section 364.3 of a public hearing on the City Council's
intent to approve the amendment to Exhibit B of the Cable Franchise Agreement between the
City of Dubuque, Iowa, and MCC Iowa, LLC adding Sageville School, to be held on the 18th day
of February, 2008, at 6:30 o'clock p.m. at the Historic Federal Building Council Chambers, 350
West 6th Street, Dubuque, Iowa.
Passed, approved and adopted this 4th day of February, 2008.
Roy D. f uol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
1
~•
AGREEMENT
BY AND AMONG
THE CITY OF DUBUQUE, IOWA,
MCC IOWA LLC,
AND
DUBUQUE COMMUNITY SCHOOL DISTRICT
TO PROVIDE ACCESS TO THE I-NET BY SAGEVILLE SCHOOL
Whereas, Section 6(h) of the 2005 Franchise Agreement (the Franchise
Agreement) between the City of Dubuque, Iowa (City) and MCC Iowa LLC
(Mediacom) establishes an institutional network (I-Net) utilizing fiber optic cable;
and
Whereas, the I-Net links public, educational, and governmental facilities in
the City of Dubuque; and
Whereas, Dubuque Community School District (DCSD) has requested that
Sageville School be permitted to access the I-Net; and
Whereas, City and Mediacom have agreed to amend Exhibit 6 to the
Franchise Agreement, the I-Net Site List, to add Sageville School, 12015 Sherrill
Road, via six fibers connecting to Fulton School; and
Whereas, City and Mediacom have agreed to allow Sageville School to
access the I-Net upon the terms and conditions set forth herein.
NOW, THEREFORE, IT IS AGREED BY AND AMONG THE PARTIES AS
FOLLOWS;
1. The Institutional Network User Agreement between City and DCS shall be
amended to include Sageville School.
2. DCS shall be responsible for all costs of connecting Sageville School to
the I-Net, which costs Mediacom agrees shall not exceed $61,406.99.
3. DCS shall be responsible for all costs of relocation of the facilities if
relocation is ever necessary.
4. In the event DCS wishes to create an internal network at Sageville School,
DCS shall contact Mediacom for a proposal to provide such networking.
5. DCS shall have the option to purchase the fiber connecting Sageville
School to the I-Net as provided in Section 6(h)(7) of the Franchise Agreement.
CITY OF DUBUQUE, IOWA
By:
Roy D. Buol, Mayor
ATTEST:
Jeanne F. Schneider, City Clerk
DUBUQUE COMMUNITY SCHOOL DISTRICT
By:
Its
MCC IOWA LLC
By:
Its
Prepared by: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
ORDINANCE NO. -08
APPROVING THE THIRD AMENDMENT TO THE CABLE FRANCHISE
AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MCC IOWA,
LLC
WHEREAS, on May 2, 2005, the City Council adopted Ordinance No. 28-
05 approving a Cable Franchise Agreement between the City of Dubuque, Iowa
(City) and MCC Iowa, LLC (Mediacom); and
WHEREAS, City and Mediacom now desire to amend the Cable Franchise
Agreement as set forth in the attached Third Amendment to Cable Franchise
Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA AS FOLLOWS:
Section 1. The Third Amendment to Cable Franchise Agreement attached
hereto is hereby approved.
Section 2. This Ordinance shall take effect upon publication.
Passed, approved and adopted this day of , 2008.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
THIRD AMENDMENT
TO CABLE FRANCHISE AGREEMENT
BETWEEN THE CITY OF DUBUQUE, IOWA
AND
MCC IOWA, LLC
This Third Amendment to Cable Franchise Agreement dated for reference
purposes the day of , 2008, is made and entered into by and
between the City of Dubuque, Iowa, and MCC Iowa, LLC.
1. Exhibit B, I-Net Site List, is amended as follows:
(a) The following site shall be added to the I-Net:
• Sageville School, 12015 Sherrill Road, via six
fibers connecting to Fulton School.
2. The costs for connecting Sageville School shall be paid by Dubuque
Community Schools. Grantee has determined that these costs shall not exceed
$61, 406.99.
CITY OF DUBUQUE, IOWA MCC IOWA, LCC
By:
Roy D. Buol, Mayor
By:
ATTEST:
Its
Jeanne F. Schneider, City Clerk
Dept Meeting 1/23/08
1) City Journal
a. Library - on air tomorrow
b. Recycling -finished this week for approval
c. Winter Farmers Market -arrange interview next week (not Thurs
am)
d. Garbage pickup -needs edit
e. Finance Dept
2) I-Net/Sageville School -memo package, bad timing
3) Budget presentation
4) ECS
5) Video Producer position
6) Digital TV Transition hearing
7) Expo/Years of Service