A. Grant Of Nonexclusive Authority:
1. The grantee shall have the right and privilege, subject to the permitting and other lawful requirements of city ordinance, rule or procedure, to construct, erect, and maintain, in, upon, along, across, above, over and under the rights of way in the city a cable system and shall have the right and privilege to provide cable service. The system constructed and maintained by grantee or its agents shall not interfere with other uses of the rights of way. Grantee shall make use of existing poles and other aboveground and belowground facilities available to grantee to the extent it is technically and economically feasible to do so.
2. Notwithstanding the above grant to use rights of way, no right of way shall be used by grantee if the city determines that such use is inconsistent with the terms, conditions, or provisions by which such right of way was created or dedicated, or with the present or reasonably anticipated future use of the right of way.
3. This franchise shall be nonexclusive, and the city reserves the right to grant a use of said rights of way to any person at any time during the period of this franchise for the provision of cable service. The terms and conditions of any such grant of use of the rights of way shall be, when taken as a whole, no less burdensome or more beneficial than those imposed upon grantee pursuant to this franchise.
4. Before granting an additional cable television franchise, the city shall give written notice to the grantee of any other proposal to service all or part of the franchise area, identifying the applicant for such additional franchise and specifying the date, time, and place at which the city shall consider and/or determine whether such additional cable television franchise should be granted. In the event grantee believes that the city has entered into an additional cable television franchise with terms or provisions that are, taken as a whole, more favorable or less burdensome than the terms set forth in this franchise, the city shall, upon request by grantee, enter into good faith negotiations with the grantee to consider modification of the grantee's franchise.
B. Lease Or Assignment Prohibited: No person may lease any portion of grantee's system for the purpose of providing cable service until and unless such person shall have first obtained and shall currently hold a valid franchise or other lawful authorization from the city. Any assignment of rights under this franchise shall be subject to and in accordance with the requirements of subsection 13-1-14E of this chapter.
C. Franchise Term: This franchise shall be in effect for a period of fifteen (15) years from the date of acceptance by grantee, unless sooner renewed, revoked or terminated as herein provided.
D. Previous Franchises: Upon acceptance by grantee as required by section 13-1-18 of this chapter, this franchise shall supersede and replace any previous ordinance, as well as written agreements between the parties which predate this franchise.
E. Compliance With Applicable Laws, Resolutions And Ordinances:
1. The terms of this franchise shall define the contractual rights and obligations of grantee with respect to the provision of cable service and operation of the system in the city. However, grantee shall at all times during the term of this franchise be subject to all lawful exercise of the police powers, statutory rights, and eminent domain rights of the city. This franchise may be modified or amended with the written consent of grantee and city as provided in subsection 13-1-17C of this chapter.
2. Grantee shall comply with the terms of any city ordinance or regulation of general applicability which addresses usage of the rights of way within the city, including any right of way ordinance, which may have the effect of superseding, modifying or amending the terms of section 13-1-7 and/or section 13-1-12 of this chapter; except, that grantee shall not, through application of such city ordinance or regulation of rights of way, be subject to additional burdens with respect to usage of rights of way which conflict with federal law or exceed burdens on similarly situated rights of way users.
3. In the event of any conflict between section 13-1-7 and/or section 13-1-12 of this chapter and any lawful and generally applicable city ordinance or regulation which addresses usage of the rights of way, the conflicting terms in section 13-1-7 and/or section 13-1-12 of this chapter shall be superseded by such city ordinance or regulation; except, that grantee shall not, through application of such city ordinance or regulation of rights of way, be subject to additional burdens with respect to usage of rights of way which conflict with federal law or exceed burdens on similarly situated rights of way users.
4. In the event any city lawfully and generally applicable ordinance or regulation which addresses usage of the rights of way adds to, modifies, amends, or otherwise differently addresses issues addressed in section 13-1-7 and/or section 13-1-12 of this chapter, grantee shall comply with such ordinance or regulation of general applicability, regardless of which requirement was first adopted; except, that grantee shall not, through application of such city ordinance or regulation of rights of way, be subject to additional burdens with respect to usage of rights of way which conflict with federal law or exceed burdens on similarly situated rights of way users.
5. In the event grantee cannot determine how to comply with any right of way requirement of the city, whether pursuant to this franchise or other requirement, grantee shall immediately provide written notice of such question, including grantee's proposed interpretation, to the city, in accordance with subsection H of this section. The city shall provide a written response within seventeen (17) days of receipt indicating how the requirement cited by grantee applies. Grantee may proceed in accordance with its proposed interpretation in the event a written response is not received within seventeen (17) days of mailing or delivering such written question.
F. Rules Of Grantee: Grantee shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable said grantee to exercise its rights and perform its obligations under this franchise and to assure uninterrupted service to each and all of its subscribers; provided, that such rules, regulations, terms and conditions shall not be in conflict with applicable laws.
G. Territorial Area Involved: This franchise is granted for the corporate boundaries of the city, as they exist from time to time. Consistent with subsection 13-1-8G of this chapter, in the event of annexation by the city, or as development occurs, any new territory shall become part of the territory for which this franchise is granted; provided, however, that grantee shall only be required to extend service beyond its present system boundaries pursuant to subsection 13-1-8H of this chapter. Grantee shall be given a reasonable period of time to construct and activate cable plant to service annexed or newly developed areas but in no event to exceed twelve (12) months from notice thereof by the city to grantee and qualification pursuant to the density requirements of subsection 13-1-8H of this chapter.
H. Written Notice:
1. All notices, reports, or demands required to be given in writing under this franchise shall be deemed to be given when delivered personally to any officer of grantee or city administrator of this franchise during normal business hours or forty eight (48) hours after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the party to whom notice is being given, as follows:
If to city: | City Administrator City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 |
If to commission: | Executive Director Northern Dakota County Cable Communications Commission 5845 Blaine Avenue Inver Grove Heights, MN 55076 |
If to grantee: | General Manager MediaOne of St. Paul, Inc. 10 River Park Plaza St. Paul, MN 55107 |
2. Such addresses may be changed by either party upon notice to the other party given, as provided in this section.
I. Ownership Of Grantee: Grantee represents and warrants to city and commission that the relevant corporate ownership of the grantee as of the effective date of this franchise is set forth in section 13-1-19, exhibit A, of this chapter. (Ord. 353, 2-15-2000)