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1B-5 AdoptOrd Ch 7.5 Cable CommCITYOF C gEN 7700 Marke Bouieva~,~l PO Sox 147 Ohal hassen MN 55317 Administration P'~gl e 9522?.71100 Fax 952 227 lt10 Building Inspections Phor/e 952227 1180 Fax 9522271190 Engineering Phone: 952227 !160 Fax: 9522271170 Finance Pho',e 9522271140 F'ax; 952227 1110 Park & Recreation PI/one: 952 227 1120 Fax~ 952227 1110 Recreation Center 2310 Cou ter BoCevard Phone 952 227 s400 Fax: 952 22/'1404 Planning & Natural Resources P~'one 952227 1!30 Fax 952 227 ! 110 Public Works 1591 Park Road Pl~ene: 9522271300 Fax 9522271310 Senior Center P~one 952 2271125 Fax 952227 i110 Web Site MEMORANDUM TO: FROM: DATE: Todd Gerhardt, City Manger Bob Generous, Senior Planner November 24, 2003 SUB J: Adoption of Ordinance, Chapter 7.5, Chanhassen City Code, Cable Communications; Approval of Summary Ordinance for Publication Purposes ACTION REQUIRED A simple majority vote of City Council members present is required to adopt the amendment; however, a 4/5ths vote is required for approval of the summary ordinance for publication purposes. BACKGROUND Over the past two years, the city has been reviewing proposed changes to City Code. Our overall intent is to try to make the code easier to understand and use by addressing problems, overlapping code requirements, clarifying ordinance language, procedures or processes, and consolidation. The proposed changes to Chapter 7.5 have been reviewed previously by the Chanhassen Planning Commission and City Council. SUMMARY This chapter deals with cable franchises within the city. All changes deal with correcting citations. Staff believes that these changes are administrative, rather than substantive, in nature and is recommending approval of the amendment. RECOMMENDATION Staff is recommending that the City Council adopt the attached ordinance for Chapter 7.5 of the Chanhassen City Code; and approve the summary ordinance for publication purposes. ATTACHMENT 1. Ordinance Amending Chapter 7.5, Chanhassen City Code The [:it,/el Chanhassen ,, A gr,ovvlrrg ccr//muJl/i!~' with clear, rakes qLJa!i',t, srho,3Js i ,; hsrr!'in:t i;it',",',rlu,,','r' ti~riving busihesses, windir ,',! tale CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 7.5 CHANHASSEN CITY CODE, CABLE COMMUNICATIONS THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 7.5-29 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: The city reserves the right to regulate rates for basic cable service and any other services offered over the cable system, to the extent not prohibited by applicable laws. The grantee shall be subject to the rate regulation provisions provided for herein, and those of the Federal Communications Commission (FCC) at 47 CFR, Part 76, subp. N, as the same may be amended from time to time. The city shall follow the rules relating to cable rate regulation promulgated by the FCC at 47 CFR, Part 76, subp. N, as the same may be amended from time to time. Section 2. Section 7.5-61 (d) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Pursuant to 47 C.F.R. Section 76.910, on the 1 lth day of May, 1994, the City submitted FCC Form 328, Certification for Local Franchising Authorities, to the FCC via registered mail, return receipt requested. Pursuant to Section 76.910, the date on the return receipt, May 17, 1994 is to be considered the date filed. A copy of FCC Form 328 was also served on grantee on May 11, 1994, the same day it was filed with the FCC. Section 3. Section 7.5-63 (a) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: The city hereby adopts and shall follow the rules relating to cable rate regulation promulgated by the FCC at 47 C.F.R., Part 76, subp. N. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 24th day of November, 2003, by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on .) CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA SUMMARY OF ORDINANCE NO. __., AN ORDINANCE AMENDING CHAPTER 7.5 OF THE CHANHASSEN CITY CODE CABLE COMMUNICATIONS. The purpose of this code amendment is to correct citation information. A printed copy of Ordinance No. __ is available for inspection by any person during regular office hours at the office of the City Manager/Clerk. PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 24th day of November 2003, by the City Council of the City of Chanhassen. C1TY OF CHANHASSEN BY: Thomas A. Furlong, Mayor AND Todd Gerhardt, City Manager/Clerk (Published in the Chanhassen Villager on .).