Skip to code content (skip section selection)
Compare to:
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
Loading...
9-1-10-1: PERFORMANCE BOND:
   A.   At the time the franchise becomes effective and at all times thereafter until the system upgrade has been completed, the grantee shall furnish a bond to city in the amount of fifty thousand dollars ($50,000.00) in a form and with such sureties as reasonably acceptable to city. This bond will be conditioned upon the faithful performance by the grantee of its system upgrade obligations and upon the further condition that in the event the grantee shall fail to comply with any law, ordinance or regulation governing the franchise, there shall be recoverable jointly and severally from the principal and surety of the bond any damages or loss suffered by city as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the grantee, plus a reasonable allowance for attorney fees and costs, up to the full amount of the bond, and further guaranteeing payment by the grantee of claims, liens and taxes, due city which arise by reason of the construction, operation, or maintenance of the system. The rights reserved by city with respect to the bond are in addition to all other rights city may have under the franchise or any other law.
   B.   The time for grantee to correct any violation or liability, shall be extended by city if the necessary action to correct such violation or liability is, in the sole determination of city, of such a nature or character as to require more than thirty (30) days within which to perform, provided grantee provides written notice that it requires more than thirty (30) days to correct such violations or liability, commences the corrective action within the thirty (30) day period and thereafter uses reasonable diligence to correct the violation or liability.
   C.   In the event this franchise is revoked by reason of default of grantee, city shall be entitled to collect from the performance bond that amount which is attributable to any damages sustained by city as a result of said default or revocation.
   D.   Grantee shall be entitled to the return of the performance bond, or portion thereof, as remains sixty (60) days after completion of system construction provided city has not notified grantee of any actual or potential damages incurred as a result of grantee's operations pursuant to the franchise or as a result of said default.
   E.   The rights reserved to city with respect to the performance bond are in addition to all other rights of city whether reserved by this franchise or authorized by law, and no action, proceeding or exercise of a right with respect to the performance bond shall affect any other right city may have. (Ord. 827, 8-5-2002, eff. 8-26-2002)
9-1-10-2: LETTER OF CREDIT:
   A.   Within fourteen (14) days of receipt of a notice from the city of an alleged violation of this franchise, as determined by the city, grantee shall provide the city with an irrevocable letter of credit in the sum of ten thousand dollars ($10,000.00). The letter of credit shall ensure the faithful performance by the grantee of all the provisions of this franchise, and compliance with all orders, permits and directions of the city and the payment by grantee of any claim, penalties, damages, liens and taxes due the city related thereto or which arise by reason of the construction, operation or maintenance of the cable system. The letter of credit shall be provided by grantee regardless of whether grantee disputes the alleged violation. Any failure by grantee to provide the letter of credit as required herein shall constitute a breach of this franchise. Any interest on this deposit shall be paid to the grantee. Once the proceeding addressing the alleged violation has been completed the grantee shall be relieved of maintaining the letter of credit until such time as another alleged violation notification is received by grantee at which time the process shall begin again.
   B.   In addition to recovery of any monies owed by grantee to city or any person or damages to city or any person as a result of any acts or omissions by grantee pursuant to the franchise, city in its sole discretion may charge to and collect from the letter of credit the following penalties:
      1.   For failure to timely complete system upgrades as provided in this franchise unless city approves the delay, the penalty shall be two hundred fifty dollars ($250.00) per day for each day, or part thereof, such failure occurs or continues.
      2.   For failure to provide data, documents, reports or information or to cooperate with city during an application process or system review or as otherwise provided herein, the penalty shall be one hundred fifty dollars ($150.00) per day for each day, or part thereof, such failure occurs or continues.
      3.   Fifteen (15) days following notice from city of a failure of grantee to comply with construction, operation or maintenance standards, the penalty shall be two hundred fifty dollars ($250.00) per day for each day, or part thereof, such failure occurs or continues.
      4.   For failure to provide the services grantee has proposed, including, but not limited to, the implementation and the utilization of the access channels and the maintenance and/or replacement of the equipment and other facilities, the penalty shall be two hundred fifty dollars ($250.00) per day for each day, or part thereof, such failure occurs or continues.
      5.   For grantee's breach of any written contract or agreement with or to the city or its designee, the penalty shall be two hundred fifty dollars ($250.00) per day for each day, or part thereof, such breach occurs or continues.
      6.   For failure to comply with any of the provisions of this franchise, or other city ordinance for which a penalty is not otherwise specifically provided, the penalty shall be one hundred fifty dollars ($150.00) per day for each day, or part thereof, such failure occurs or continues.
      7.   For failure to comply with any of the customer service provisions of this franchise, or other city ordinance, the penalty shall be three hundred dollars ($300.00) per day for each day, or part thereof, such failure occurs or continues, provided, any damages so paid to city thereafter shall be credited by grantee to grantee's subscribers, less costs of prosecution, which shall include, but not be limited to, reasonable attorney fees.
   C.   Each violation of any provision of this franchise shall be considered a separate violation for which a separate penalty can be imposed.
   D.   Whenever city finds that grantee has violated one or more terms, conditions or provisions of this franchise, or for any other violation contemplated in subsection B of this section, a written notice shall be given to grantee informing it of such violation. At any time after thirty (30) days (or such longer reasonable time which, in the sole determination of city, is necessary to cure the alleged violation) following local receipt of notice, provided grantee remains in violation of one or more terms, conditions or provisions of this franchise, in the sole opinion of city, city may draw from the letter of credit all penalties and other monies due city from the date of the local receipt of notice.
   E.   Whenever the letter of credit is drawn upon, grantee may, within seven (7) days of such draw, notify city in writing that there is a dispute as to whether a violation or failure has in fact occurred. Such written notice by grantee to city shall specify with particularity the matters disputed by grantee. All penalties shall continue to accrue from the letter of credit during any appeal.
      1.   City shall hear grantee's dispute within sixty (60) days and render a final decision within sixty (60) days thereafter.
      2.   Upon the determination of city that no violation has taken place, city shall refund to grantee, without interest, all monies drawn from the letter of credit by reason of the alleged violation.
   F.   If city draws upon the letter of credit or any subsequent letter of credit delivered pursuant hereto, in whole or in part, grantee shall replace or replenish to its full amount the same within ten (10) days and shall deliver to city a like replacement letter of credit or certification of replenishment for the full amount stated in subsection A of this section as a substitution of the previous letter of credit. This shall be a continuing obligation for any draws upon the letter of credit.
   G.   If any letter of credit is not so replaced or replenished, city may draw on said letter of credit for the whole amount thereof and use the proceeds as city determines in its sole discretion. The failure to replace or replenish any letter of credit may also, at the option of the city, be deemed a default by grantee under this franchise. The drawing on the letter of credit by city, and use of the money so obtained for payment or performance of the obligations, duties and responsibilities of grantee which are in default, shall not be a waiver or release of such default.
   H.   The collection by city of any damages, monies or penalties from the letter of credit shall not affect any other right or remedy available to city, nor shall any act, or failure to act, by city pursuant to the letter of credit, be deemed a waiver of any right of city pursuant to this franchise or otherwise. (Ord. 827, 8-5-2002, eff. 8-26-2002)
9-1-10-3: LIABILITY INSURANCE:
   A.   Upon the effective date, grantee shall, at its sole expense take out and maintain during the term of this franchise public liability insurance with a company licensed to do business in the state of Minnesota with a rating by A.M. Best & Co., of not less than A that shall protect the grantee, city and its officials, officers, directors, employees and agents from claims which may arise from operations under this franchise, whether such operations be by the grantee, its officials, officers, directors, employees and agents or any subcontractors of grantee. This liability insurance shall include, but shall not be limited to, protection against claims arising from bodily and personal injury and damage to property, resulting from grantee's vehicles, products and operations. The amount of insurance for single limit coverage applying to bodily and personal injury and property damage shall not be less than two million dollars ($2,000,000.00). The following endorsements shall be attached to the liability policy:
      1.   The policy shall provide coverage on an "occurrence" basis.
      2.   The policy shall cover personal injury as well as bodily injury.
      3.   The policy shall cover blanket contractual liability subject to the standard universal exclusions of contractual liability included in the carrier's standard endorsement as to bodily injuries, personal injuries and property damage.
      4.   Broad form property damage liability shall be afforded.
      5.   City shall be named as an additional insured on the policy.
      6.   An endorsement shall be provided which states that the coverage is primary insurance and that no other insurance maintained by the grantor will be called upon to contribute to a loss under this coverage.
      7.   Standard form of cross liability shall be afforded.
      8.   An endorsement stating that the policy shall not be canceled without thirty (30) days notice of such cancellation given to city.
   B.   Grantee shall submit to city documentation of the required insurance, including a certificate of insurance signed by the insurance agent and companies named, as well as all properly executed endorsements. (Ord. 827, 8-5-2002, eff. 8-26-2002)
9-1-10-4: INDEMNIFICATION:
   A.   Grantee shall indemnify, defend and hold city, its officers, boards, commissions, agents and employees (collectively the "indemnified parties") harmless from and against any and all lawsuits, claims, causes or action, actions, liabilities, demands, damages, judgments, settlements, disability, losses, expenses (including attorney fees and disbursements of counsel) and costs of any nature that any of the indemnified parties may at any time suffer, sustain or incur arising out of, based upon or in any way connected with the grantee's operations, the exercise of the franchise, the breach of grantee of its obligations under this franchise and/or the activities of grantee, its subcontractor, employees and agents hereunder. Grantee shall be solely responsible for and shall indemnify, defend and hold the indemnified parties harmless from and against any and all matters relative to payment of grantee's employees, including compliance with social security and withholdings. Grantee shall not be required to provide indemnification to city for programming cablecast over the educational and governmental access channels administered by city.
   B.   The indemnification obligations of grantee set forth in this franchise are not limited in any way by the amount or type of damages or compensation payable by or for grantee under workers' compensation, disability or other employee benefit acts, acceptance of insurance certificates required under this franchise or the terms, applicability or limitations of any insurance held by grantee.
   C.   City does not, and shall not, waive any rights against grantee which it may have by reason of the indemnification provided for in this franchise, because of the acceptance by city, or the deposit with city by grantee, of any of the insurance policies described in this franchise.
   D.   The indemnification of city by grantee provided for in this franchise shall apply to all damages and claims for damages of any kind suffered by reason of any of the grantee's operations referred to in this franchise, regardless of whether or not such insurance policies shall have been determined to be applicable to any such damages or claims for damages.
   E.   Grantee shall not be required to indemnify city for negligence or misconduct on the part of city or its officials, boards, commissions, agents, or employees. City shall hold grantee harmless, subject to the limitations in Minnesota statutes chapter 466, for any damage resulting from the negligence or misconduct of the city or its officials, boards, commissions, agents, or employees in utilizing any PEG access channels, equipment, or facilities and for any such negligence or misconduct by city in connection with work performed by city and permitted by this agreement, on or adjacent to the cable system. (Ord. 827, 8-5-2002, eff. 8-26-2002)
9-1-10-5: GRANTEE'S INSURANCE:
Grantee shall not commence any cable system reconstruction work or permit any subcontractor to commence work until all insurance required under this franchise has been obtained. Said insurance shall be maintained in full force and effect until the expiration of this franchise.
   A.   In order for city to assert is rights to be indemnified, defended, and held harmless, city must with respect to each claim:
      1.   Promptly notify grantee in writing of any claim or legal proceeding which gives rise to such right;
      2.   Afford grantee the opportunity to participate in and fully control any compromise, settlement or other resolution or disposition of any claim or proceeding; and
      3.   Fully cooperate with reasonable requests of grantee, at grantee's expense, in its participation in, and control, compromise, settlement or resolution or other disposition of such claim or proceeding subject to subsection A2 of this section. (Ord. 827, 8-5-2002, eff. 8-26-2002)
9-1-11: SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE:
9-1-11-1: CITY'S RIGHT TO REVOKE:
   A.   In addition to all other rights which city has pursuant to law or equity, city reserves the right to commence proceedings to revoke, terminate or cancel this franchise, and all rights and privileges pertaining thereto, if it is determined by city that after notice and an opportunity to cure as reordered herein:
      1.   Grantee has violated material provision(s) of this franchise and has not cured; or
      2.   Grantee has attempted to evade any of the provisions of the franchise; or
      3.   Grantee has practiced fraud or deceit upon city.
   B.   City may revoke this franchise without the hearing otherwise required herein if grantee is adjudged a bankrupt. (Ord. 827, 8-5-2002, eff. 8-26-2002)
Loading...