the resolution extends the current franchise agreement
TRANSCRIPT
2021 CITY COUNCIL MEETING STAFF REPORT
To: City of Red Wing City Council and Mayor WilsonFrom: Laura Blair, Administrative Services Director
Meeting Date: Monday, May 10, 2021Agenda Item Number: 9. E.
Title — Resolution to extend Hiawatha Broadband Communications ( HBC) cable franchise
through December 31, 2021
Purpose — HBC franchise expires in May 2021. The resolution extends the current franchise
agreement through December 2021 as the city continues negotiations. The City also holds asecond cable franchise with Spectrum ( Charter Communications). Spectrum' s franchise
expires in September 2021 and negotiations have not yet started.
Recommended Action — Approve a resolution to extend Hiawatha Broadband
Communications ( HBC) cable franchise through December 31, 2021
Attachments — Resolution 7646
Background —Brian Grogan, franchise attorney with Moss & Barnett outlined the next steps
during a workshop with the City Council and a follow- up meeting with the franchise committee. Council members Brown, Beise serve with city staff on the franchise committee.
The next steps include:
Prepare a draft franchise for HBC
o Cable franchise committee — Brown, Beise, Kuhlmann, Blair reviewed with
the Mr. Grogan
City work to assess and revise PEG ( public education, government) provisionso Blair preparing a 10 year Capital Expenditure Plan
Extend HBC franchise that expires in April
o For City Council approval on Monday, May 10, 2021Negotiations with HBC will continue through the summer of 2021
Recommended Action — Approve Resolution No. 7646 Approving Hiawatha BroadbandCommunications, Inc. (HBC) a Franchise Extension through December 31, 2021
RESOLUTION NO. 7646
GRANTING HIAWATHA BROADBAND COMMUNICATIONS, INC.
A FRANCHISE EXTENSION THROUGH DECEMBER 31, 2021
WHEREAS, on or about April 25, 2011, the City of Red Wing, Minnesota (" City")
granted Cable Television Franchise Ordinance No. 6, Fourth Series (" Franchise") to
Hiawatha Broadband Communications, Inc.; (" HBC") and
WHEREAS, the initial term of the Franchise is set to expire on or about May 4,
2021; and
WHEREAS, both the City and HBC desire to extend the term of the Franchise to
facilitate renewal negotiations under state and federal law.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Red Wing,
Minnesota as follows:
1. The Franchise is hereby amended by extending the term of the Franchise
from May 5, 2021 through the date on which HBC' s Franchise is either renewed or until
and including December 31, 2021, whichever shall first occur.
2. Except as specifically modified hereby, the Franchise shall remain in full
force and effect.
3. The City and HBC hereby agree that neither waives any rights either may
have under the Franchise or applicable law.
SIGNATURE PAGES TO FOLLOW]
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Adopted this day of , 2021.
ATTEST:
32
City Clerk
Council President
Presented to the Mayor at on this day of , 2021.
Approved this day of , 2021.
Mayor
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ACCEPTANCE
Hiawatha Broadband Communications, Inc. hereby acknowledges the City of Red
Wing Resolution No. and hereby accepts the terms, provisions and
recitals of the Resolution and agrees to be bound by the Franchise to the extent
consistent with applicable laws.
DATED: 2021 HIAWATHA BROADBAND
COMMUNICATIONS, INC.
Its:
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