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