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Ordinance 28-05OFFICIAL PUBLICATION ORDINANCE NO. 28-05 APPROVING A CABLE FRANCHISE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MCC IOWA, LLC GRANTING A NONEXCLUSIVE FRANCHISE TO MCC IOWA, LLC TO CONSTRUCT, OPERATE, MAINTAIN, UPDATE AND RECONSTRUCT A CABLE TELEVISION SYSTEM WHEREAS, MCC Iowa, LLC (Mediacom) has asked the City to renew Mediacom's nonexclusive franchise (the Prior Franchise) to construct, operate, maintain, update and reconstruct a cable services delivery system (the Cable System) in the City; and WHEREAS, the construction, installation, maintenance and operation of such a system involves the occupation of and placement of private commercial facilities in the Public Rights -of -Way within the City; and WHEREAS, the City has reviewed Mediacom's performance under the Prior Franchise and the quality of service during the Prior Franchise term, has identified the future cable -related needs and interests of the City and its citizens, has considered the financial, technical and legal qualifications of Mediacom, and has determined whether Mediacom's plans for constructing, operating and maintaining its Cable System are adequate, in a full public proceeding affording due process to all parties; and WHEREAS, the City has relied on Mediacom's representations and has considered the information that Mediacom has presented to it; and WHEREAS, based on Mediacom's representations and information, and in response to its request for renewal, the City Council has determined that, subject to the provisions of the Cable Franchise Agreement, and the terms and conditions set forth herein, the grant of a new nonexclusive franchise to Mediacom, to supersede the Prior Franchise, on the terms and conditions of the Cable Franchise Agreement and subject to applicable law, is consistent with the public interest; NOW, THEREFORE, IN CONSIDERATION OF THE CITY'S GRANT OF A NEW FRANCHISE TO MEDIACOM, MEDIACOM'S PROMISE TO PROVIDE CABLE SERVICE TO RESIDENTS OF THE CITY PURSUANT TO AND CONSISTENT WITH THE CABLE FRANCHISE AGREEMENT, ITS FRANCHISE, AND THE TERMS AND CONDITIONS SET FORTH HEREIN; AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND THE ADEQUACY OF WHICH IS HEREBY ACKNOWLEDGED, BE IT ORDAINED AS FOLLOWS: Section 1. The Cable Franchise Agreement attached hereto and incorporated herein is hereby approved. Section 2. This Ordinance shall take effect upon publication as provided by law. Passed, approved and adopted this 2nd day of May, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC City Clerk Published officially in the Telegraph Herald the day of May, 2005. Jeanne F. Schneider, CMC City Clerk