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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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9-1-4-8: TERRITORIAL AREA INVOLVED:
This franchise is granted for the corporate boundaries of city, as they exist from time to time. In the event of annexation by 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 cable service beyond its present cable system boundaries pursuant to section 9-1-6-9 of this chapter. Access to cable service shall not be denied to any group of potential residential cable subscribers because of the income of the residents of the area in which such group resides. Grantee shall be given a reasonable period of time to construct and activate cable plant to cable service annexed or newly developed areas but in no event to exceed nine (9) months from notice thereof by city to grantee. (Ord. 827, 8-5-2002, eff. 8-26-2002)
9-1-4-9: WRITTEN NOTICE:
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's manager of this franchise 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 Manager
102 Canton Avenue
Montevideo, MN 56265
If to grantee:
General Manager
Charter Communications
1215 North 15th Street
P.O. Box 1188
St. Cloud, MN 56302
Such addresses may be changed by either party upon notice to the other party given as provided in this section. (Ord. 827, 8-5-2002, eff. 8-26-2002)
9-1-4-10: OWNERSHIP OF GRANTEE:
Grantee represents and warrants to city that the names of the shareholders, partners, members or other equity owners of the grantee and any of the shareholders, partners, members and/or other equity owners of grantee are as set forth in section 9-1-16, exhibit A, of this chapter. (Ord. 827, 8-5-2002, eff. 8-26-2002)
9-1-5: CONSTRUCTION STANDARDS:
9-1-5-1: REGISTRATION, PERMITS, CONSTRUCTION CODES, AND COOPERATION:
   A.   Grantee shall comply with the construction requirements of Minnesota statutes section 238.084(n).
   B.   Grantee agrees to obtain a permit as required by city prior to removing, abandoning, relocating or reconstructing, if necessary, any portion of its facilities. Notwithstanding the foregoing, city understands and acknowledges there may be instances when grantee is required to make repairs, in compliance with federal or state laws, that are of an emergency nature. Grantee will notify city prior to such repairs, if practicable, and will obtain the necessary permits in a reasonable time after notification to city.
   C.   Reimbursement paid through the permitting process is separate, and in addition to, any other fees included in the franchise. Grantee, at the time of or prior to submitting construction plans, shall provide city with a description of the type of service to be provided by the grantee in sufficient detail for city to determine compliance with the franchise and applicable laws.
   D.   City may issue reasonable policy guidelines to all grantees to establish procedures for determining how to control issuance of engineering permits to multiple grantees for the use of the same rights of way for their facilities. Grantee shall cooperate with city in establishing such policy and comply with the procedures established by the city manager or his or her designee to coordinate the issuance of multiple engineering permits in the same right of way segments.
   E.   Failure to obtain permits or comply with permit requirements shall subject grantee to all enforcement remedies available to city under applicable laws or this franchise.
   F.   Grantee shall meet with developers and be present at preconstruction meetings to ensure that the newly constructed cable system facilities are installed in new developments within city in a timely manner. City shall notify grantee in writing of any such scheduled meetings at least fourteen (14) days in advance.
   G.   Grantee shall provide a written status report to city every ninety (90) days regarding its progress toward completion of the system upgrade/construction, which completion shall be on or before May 31, 2003, as required by section 9-1-6 of this chapter and in accordance with section 9-1-16, exhibit C, of this chapter. (Ord. 827, 8-5-2002, eff. 8-26-2002)
9-1-5-2: ONGOING CONSTRUCTION:
Grantee shall notify city at least ten (10) days prior to the commencement of any construction in any rights of way. Grantee shall not open or disturb the surface of any rights of way or public place for any purpose without first having obtained a permit to do so in the manner provided by law. All excavation shall be coordinated with other utility excavation or construction so as to minimize disruption to the public. (Ord. 827, 8-5-2002, eff. 8-26-2002)
9-1-5-3: USE OF EXISTING POLES OR CONDUITS:
   A.   Grantee shall utilize existing poles, conduits and other facilities whenever commercially reasonable and shall not construct or install any new, different or additional poles, conduits or other facilities on public property until the written approval of city is obtained. No location or any pole or wire holding structure of grantee shall be a vested interest, and such poles or structures shall be removed or modified by grantee at its own expense whenever city determines that the public convenience would be enhanced thereby.
   B.   The facilities of grantee shall be installed underground in those areas of city where existing telephone and electric services are both underground at the time of construction by grantee. In areas where either telephone or electric utility facilities are installed aerially at the time of system construction, grantee may install its facilities aerially; however, at such time as the existing aerial facilities are placed underground, grantee shall likewise place its facilities underground at its sole cost. If city requires utilities to bury lines which are currently overhead, and the city financially participates in said undergrounding, then the city will provide the same cost sharing to the grantee. (Ord. 827, 8-5-2002, eff. 8-26-2002)
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