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Montevideo Overview
Montevideo, MN Code of Ordinances
CITY CODE of MONTEVIDEO, MINNESOTA
ORDINANCES PENDING REVIEW FOR CODIFICATION
CHARTER
TITLE 1 ADMINISTRATION
TITLE 2 BOARDS AND COMMISSIONS
TITLE 3 BUSINESS AND LICENSE REGULATIONS
TITLE 4 PUBLIC HEALTH AND SAFETY
TITLE 5 POLICE REGULATIONS
TITLE 6 MOTOR VEHICLES AND TRAFFIC
TITLE 7 PUBLIC WAYS AND PROPERTY
TITLE 8 UTILITIES
TITLE 9 FRANCHISES
CHAPTER 1 CABLE TV FRANCHISE
9-1-1: OVERVIEW:
9-1-1-1: STATEMENT OF INTENT AND PURPOSE:
9-1-1-2: FINDINGS:
9-1-2: SHORT TITLE:
9-1-3: DEFINITIONS:
9-1-4: GRANT OF AUTHORITY AND GENERAL PROVISIONS:
9-1-4-1: GRANT OF FRANCHISE:
9-1-4-2: GRANT OF NONEXCLUSIVE AUTHORITY:
9-1-4-3: LEASE OR ASSIGNMENT PROHIBITED:
9-1-4-4: FRANCHISE TERM:
9-1-4-5: PREVIOUS FRANCHISES:
9-1-4-6: COMPLIANCE WITH APPLICABLE LAWS, RESOLUTIONS AND ORDINANCES:
9-1-4-7: RULES OF GRANTEE:
9-1-4-8: TERRITORIAL AREA INVOLVED:
9-1-4-9: WRITTEN NOTICE:
9-1-4-10: OWNERSHIP OF GRANTEE:
9-1-5: CONSTRUCTION STANDARDS:
9-1-5-1: REGISTRATION, PERMITS, CONSTRUCTION CODES, AND COOPERATION:
9-1-5-2: ONGOING CONSTRUCTION:
9-1-5-3: USE OF EXISTING POLES OR CONDUITS:
9-1-5-4: MINIMUM INTERFERENCE:
9-1-5-5: DISTURBANCE OR DAMAGE:
9-1-5-6: TEMPORARY RELOCATION:
9-1-5-7: EMERGENCY:
9-1-5-8: TREE TRIMMING:
9-1-5-9: PROTECTION OF FACILITIES:
9-1-5-10: INSTALLATION RECORDS:
9-1-5-11: LOCATING FACILITIES:
9-1-5-12: CITY'S RIGHTS:
9-1-5-13: FACILITIES IN CONFLICT:
9-1-5-14: RELOCATION DELAYS:
9-1-5-15: INTERFERENCE WITH CITY FACILITIES:
9-1-5-16: INTERFERENCE WITH UTILITY FACILITIES:
9-1-5-17: COLLOCATION:
9-1-5-18: SAFETY REQUIREMENTS:
9-1-6: DESIGN PROVISIONS:
9-1-6-1: SYSTEM UPGRADE/CONSTRUCTION; MINIMUM CHANNEL CAPACITY:
9-1-6-2: CONSTRUCTION TIMETABLE:
9-1-6-3: INTERRUPTION OF SERVICE:
9-1-6-4: EMERGENCY ALERT CAPABILITY:
9-1-6-5: TECHNICAL STANDARDS:
9-1-6-6: SPECIAL TESTING:
9-1-6-7: FCC REPORTS:
9-1-6-8: ANNEXATION:
9-1-6-9: LINE EXTENSION:
9-1-6-10: NONVOICE RETURN CAPABILITY:
9-1-6-11: LOCKOUT DEVICE:
9-1-7: SERVICE PROVISIONS:
9-1-7-1: REGULATION OF SERVICE RATES:
9-1-7-2: NONSTANDARD INSTALLATIONS:
9-1-7-3: SALES PROCEDURES:
9-1-7-4: CONSUMER PROTECTION AND SERVICE STANDARDS:
9-1-7-5: SUBSCRIBER CONTRACTS:
9-1-7-6: REFUND POLICY:
9-1-7-7: LATE FEES:
9-1-7-8: LOCAL OFFICE POLICY:
9-1-8: ACCESS CHANNEL(S) PROVISIONS:
9-1-8-1: GRANTEE SUPPORT FOR PEG ACCESS:
9-1-9: OPERATION AND ADMINISTRATION PROVISIONS:
9-1-9-1: ADMINISTRATION OF FRANCHISE:
9-1-9-2: DELEGATED AUTHORITY:
9-1-9-3: FRANCHISE FEE:
9-1-9-4: NOT FRANCHISE FEES:
9-1-9-5: ACCESS TO RECORDS:
9-1-9-6: REPORTS AND MAPS TO BE FILED WITH CITY:
9-1-9-7: PERIODIC EVALUATION:
9-1-9-8: FRANCHISE MODIFICATIONS:
9-1-10: GENERAL FINANCIAL AND INSURANCE PROVISIONS:
9-1-10-1: PERFORMANCE BOND:
9-1-10-2: LETTER OF CREDIT:
9-1-10-3: LIABILITY INSURANCE:
9-1-10-4: INDEMNIFICATION:
9-1-10-5: GRANTEE'S INSURANCE:
9-1-11: SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE:
9-1-11-1: CITY'S RIGHT TO REVOKE:
9-1-11-2: PROCEDURES FOR REVOCATION:
9-1-11-3: ABANDONMENT OF SERVICE:
9-1-11-4: REMOVAL AFTER ABANDONMENT, TERMINATION OR FORFEITURE:
9-1-11-5: SALE OR TRANSFER OF FRANCHISE:
9-1-12: PROTECTION OF INDIVIDUAL RIGHTS:
9-1-12-1: DISCRIMINATORY PRACTICES PROHIBITED:
9-1-12-2: SUBSCRIBER PRIVACY:
9-1-13: UNAUTHORIZED CONNECTIONS AND MODIFICATIONS:
9-1-13-1: UNAUTHORIZED CONNECTIONS OR MODIFICATIONS PROHIBITED:
9-1-13-2: REMOVAL OR DESTRUCTION PROHIBITED:
9-1-13-3: PENALTY:
9-1-14: MISCELLANEOUS PROVISIONS:
9-1-14-1: FRANCHISE RENEWAL:
9-1-14-2: WORK PERFORMED BY OTHERS:
9-1-14-3: AMENDMENT OF FRANCHISE ORDINANCE:
9-1-14-4: COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS:
9-1-14-5: NONENFORCEMENT BY CITY:
9-1-14-6: RIGHTS CUMULATIVE:
9-1-14-7: GRANTEE ACKNOWLEDGMENT OF VALIDITY OF FRANCHISE:
9-1-14-8: FORCE MAJEURE:
9-1-15: PUBLICATION EFFECTIVE DATE; ACCEPTANCE:
9-1-15-1: PUBLICATION, EFFECTIVE DATE:
9-1-15-2: ACCEPTANCE:
9-1-16: EXHIBITS:
CHAPTER 2 ELECTRIC FRANCHISES
CHAPTER 3 GAS FRANCHISE
TITLE 10 BUILDING REGULATIONS
TITLE 11 ZONING REGULATIONS
TITLE 12 SUBDIVISION REGULATIONS
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9-1-4-4: FRANCHISE TERM:
This franchise shall be in effect for a period of ten (10) years from the date of acceptance by grantee, unless sooner renewed, revoked or terminated as herein provided. Pursuant to section 9-1-6 of this chapter, grantee has agreed to upgrade the cable system serving the city to 750 MHz capacity on or before May 31, 2003. Section 9-1-6 of this chapter does not mandate that the grantee utilize fiber optics for its distribution system as part of the upgrade. If grantee constructs and activates fiber optics to replace existing trunk facilities within the city serving subscriber nodes of seven hundred fifty (750) or fewer, this franchise shall be automatically extended for an additional five (5) years bringing the total franchise term to fifteen (15) years from date of acceptance. The construction and activation of fiber as outlined above must be completed on or before December 31, 2009. Grantee shall cooperate with any desired verification by the city. (Ord. 827, 8-5-2002, eff. 8-26-2002)
9-1-4-5: PREVIOUS FRANCHISES:
Upon acceptance by grantee as required by section 9-1-15 of this chapter, this franchise shall supersede and replace any previous ordinance granting a franchise to grantee. Ordinance 643 is hereby expressly repealed. (Ord. 827, 8-5-2002, eff. 8-26-2002)
9-1-4-6: COMPLIANCE WITH APPLICABLE LAWS, RESOLUTIONS AND ORDINANCES:
   A.   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 city. However, grantee shall at all times during the term of this franchise be subject to all lawful exercise of the police power, statutory rights, local ordinance making authority, and eminent domain rights of city. This franchise may also be modified or amended with the written consent of city and grantee as provided in section 9-1-14-3 of this chapter.
   B.   Grantee shall comply with the terms of any city ordinance or regulation of general applicability which addresses usage of the rights of way within city, which may have the effect of superseding, modifying or amending the terms herein, 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 exceed burdens on similarly situated rights of way users.
   C.   In the event of any conflict between this franchise and any city ordinance or regulation which addresses usage of the rights of way, the conflicting terms of this franchise shall govern.
   D.   In the event any city ordinance or regulation which addresses usage of the rights of way adds to, modifies, amends, or otherwise differently addresses issues addressed in this franchise, 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 exceed burdens on all similarly situated rights of way users.
   E.   In the event grantee cannot determine how to comply with any right of way requirement of city, whether pursuant to this franchise or other requirement, grantee shall immediately provide written notice of such question, including grantee's proposed interpretation, to city, in accordance with section 9-1-4-9 of this chapter. City shall provide a written response within fourteen (14) days of receipt indicating how the requirements cited by grantee apply. 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. City will use all reasonable best efforts to ensure that no right of way ordinance provisions unduly slow grantee's system rebuild unless necessary to address health safety and welfare concerns. (Ord. 827, 8-5-2002, eff. 8-26-2002)
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