Cable Franchise Agreement 3rd Amendment_MCC IowaTHE CITY OF Dubuque
~~..~~ ~' AID-a~;cacity
;. _; .;
.. I~
Masterpiece on the Mississippi ~~ ~~
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Amendment to the Cable Television Franchise Agreement
DATE: February 13, 2008
Cable TV Coordinator Craig INowack recommends approval of an ordinance amending
the Cable Television Franchise Agreement with Mediacom to add Sageville School to
the Institutional Network, and approval of 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 recommendlation and respectfully request Mayor and City Council
approval.
~-
ichael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Craig Nowack, Cable TV Coordinator
Dubuque
THE CITY OF
DUB ~ ~.~;~~
~ ~
Masterpiece on the Mississip;ni R
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van PJlilligen, City Manager
SUBJECT: Amendment to tfie 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 ~~ageville School to the Institutional Network and approving
a separate agreement between the City, Dubuque Community School District and
Mediacom that details the ternns of adding Sageville School to the I-Net.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
M chael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Craig Nowack, Cable T~V Coordinator
~ THE CITY OF
4 DvB uE
Masterpiece on the Mississippi
MEMORANDUM
TO: Michael C. Van Milligen, City Manager
FROM: Craig Nowack, Cable TV Coordinator ~ `i~-'
DATE: January 23, 200f3
Dubuque
AN-AmerlCat~t11
1 '
RE: Amendment to tl-ie 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 betwee~~ tl"ie Ci,y, 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 2;006, 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 tl•~at 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
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 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 herein.
NOW, THEREFORE, IT IS AGREED BY AND AMONG THE PARTIES AS
FOLLOWS;
1. The Institutional Network User Agreement between City and DCSD shall
be amended to include Sageville School.
2. DCSD 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. DCSD shall be responsible for all costs of relocation of the facilities if
relocation is ever necessary.
4. In the event DCSD wishes to create an internal network at Sageville
School, DCSD shall contact Mediacom for a proposal to provide such
networking.
5. DCSD 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 DUB QUE, IOWA
By:
Roy D Buol, Mayor
ATTEST:
Jeanne F. Schneider, City Clerk
DUBUQUE COMMUNITY SCHOOL DISTRICT
Larry D. Loeppke, Board President
Joni Lucas, Board Secretary
MCC IOWA LLC
By:
Bruce Gluckman
VP of Legal and Regulatory Affairs
Prepared by: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
ORDINANCE NO. 7-08
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 18th day of February , 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 t Cable Franchise Agreement dated for reference
purposes the ,/C~' day of ~ ~ L, , 2008, is made and entered into by and
between the City of Dubuque, Iowa, and MCC Iowa, LLC.
1. Exhibit 6, I-Net Site List, is amended as follows:
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 DU QUE, IOWA
B .` C .~t
Y~
Roy Buol, Mayor
ATTEST:
~l~
eanne F. Schneider, City Clerk
~~L
MCC IOWA, i'~C
I Qiuckrnan
VP of ~ and Requta~Y Affairs
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-NetlSageville School -memo package, bad timing
3) Budget presentation
4) ECS
5) Video Producer position
6) Digital TV Transition hearing
7) Expo/Years of Service