(A) The city may, in addition to the requirements of this chapter, require any person that has or seeks to have equipment located in any right-of-way to obtain a franchise to the full extent permitted by law, now or hereinafter enacted. The terms of any franchise which are in direct conflict with any provisions of this chapter, whether granted prior or subsequent to enactment to this chapter (excluding the city’s police powers which shall always be reserved to the city), shall control and supersede the conflicting terms of this chapter; provided, however, that, requirements relating to insurance, bonds, penalties, security funds, letters of credit, indemnification or any other security in favor of the city may be cumulative in the sole determination of the city or unless otherwise negotiated by the city and the franchise grantee. All other terms of this chapter shall be fully applicable to all persons whether franchised or not.
(B) A wireless service provider may collocate small wireless facilities on wireless support structures owned or controlled by the city and located within the public roads or rights-of-way without being required to apply for or enter into any individual license, franchise, or other agreement with the city or any other person or entity, except for the small wireless facility permit required by this chapter or the standard small wireless facility collocation agreement under M.S. § 237.163, Subd. 3a(f), if the city elects to utilize such an agreement.
(Ord. 2004-09, passed 11-23-2004; Ord. 2019-02, passed 1-8-2019)