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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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9-1-11-2: PROCEDURES FOR REVOCATION:
   A.   City shall provide grantee with written notice of a cause for revocation and the intent to revoke and shall allow grantee thirty (30) days subsequent to receipt of the notice in which to correct the violation or to provide adequate assurance of performance in compliance with the franchise. In the notice required therein, city shall provide grantee with the basis of the revocation.
   B.   Grantee shall be provided the right to a public hearing affording due process before the city council prior to the effective date of revocation, which public hearing shall follow the thirty (30) day notice provided in subsection A of this section. City shall provide grantee with written notice of its decision together with written findings of fact supplementing said decision.
   C.   During the appeal period, the franchise shall remain in full force and effect unless continuation of the franchise would endanger the health, safety and welfare of any person or the public. (Ord. 827, 8-5-2002, eff. 8-26-2002)
9-1-11-3: ABANDONMENT OF SERVICE:
Grantee may not abandon the system or any portion thereof without having first given three (3) months' written notice to city. Grantee may not abandon the system or any portion thereof without compensating city for damages resulting from the abandonment, including all costs incident to removal of the system. (Ord. 827, 8-5-2002, eff. 8-26-2002)
9-1-11-4: REMOVAL AFTER ABANDONMENT, TERMINATION OR FORFEITURE:
   A.   In the event of termination or forfeiture of the franchise or abandonment of the system, city shall have the right to require grantee to remove all or any portion of the system from all rights of way and public property within city.
   B.   If grantee has failed to commence removal of system, or such part thereof as was designated by city, within thirty (30) days after written notice of city's demand for removal is given, or if grantee has failed to complete such removal within twelve (12) months after written notice of city's demand for removal is given, city shall have the right to apply funds secured by the letter of credit and performance bond toward removal. (Ord. 827, 8-5-2002, eff. 8-26-2002)
9-1-11-5: SALE OR TRANSFER OF FRANCHISE:
   A.   No sale or transfer of the franchise, including a sale or transfer by means of a fundamental corporate change including the sale or transfer of a majority of a corporation's assets; merger, including a parent and its subsidiary corporation; consolidation; or creation of a subsidiary corporation, shall take place until a written request has been filed with city requesting approval of the sale, transfer, or corporate change and such approval has been granted or deemed granted; provided, however, that said approval shall not be required where grantee grants a security interest in its franchise and/or assets to secure an indebtedness.
   B.   Any sale, transfer, exchange or assignment of stock in grantee, or grantee's parent corporation or any other entity having a controlling interest in grantee, so as to create a new controlling interest therein, shall be subject to the requirements of this section. The term "controlling interest" as used herein is not limited to majority stock ownership, but includes actual working control in whatever manner exercised.
   C.   The grantee shall, upon request of the city, file in addition to all documents, forms and information required to be filed by applicable laws, the following:
      1.   All nonconfidential contracts, agreements or other documents that constitute the proposed transaction and all exhibits, attachments, or other documents referred to therein which are necessary in order to understand the terms thereof; and
      2.   A list detailing all documents filed with any state or federal agency related to the transaction including, but not limited to, the MPUC, the FCC, the FTC, the FEC, the SEC or MNDOT. Upon request, grantee shall provide city with a complete copy of any such document.
   D.   City shall have such time as is permitted by applicable laws in which to review a transfer request.
   E.   In no event shall a sale, transfer, corporate change, or assignment of ownership or control pursuant to subsection A or B of this section be approved without the transferee becoming a signatory to this franchise and assuming all rights and obligations thereunder, and assuming all other rights and obligations of the transferor to the city including, but not limited to, any adequate guarantees or other security instruments provided by the transferor.
   F.   In the event of any proposed sale, transfer, corporate change, or assignment pursuant to subsection A or B of this section, city shall have the right to purchase the system.
   G.   The city shall have a right to purchase the cable system upon abandonment, expiration or revocation consistent with 47 USC section 547, or in the event the grantee receives a bona fide offer to purchase the cable system from any person. "Bona fide offer" as used in this section means a written offer for one or more of the grantee's assets which has been accepted by grantee. The price to be paid by the city shall be the fair market value as a going concern. The city shall be deemed to have waived its right to purchase the system pursuant to this section only in the following circumstances:
      1.   Upon receipt of a transfer request, the city shall have sixty (60) days to exercise its rights pursuant to this section.
      2.   It approves the assignment or sale of the franchise as provided within this section.
   H.   The approval of any transfer of ownership pursuant to this section shall not be deemed to waive any rights of city to subsequently enforce noncompliance issues relating to this franchise even if such issues predated the approval, whether known or unknown to city.
   I.   Franchisee shall not be required to provide a guarantee upon acceptance of this franchise. However, in the event this franchise is ever transferred, city may require a signed guarantee of performance, in a form acceptable to city to be filed by a proposed transferee and/or parent company. (Ord. 827, 8-5-2002, eff. 8-26-2002)
9-1-12: PROTECTION OF INDIVIDUAL RIGHTS:
9-1-12-1: DISCRIMINATORY PRACTICES PROHIBITED:
Grantee shall not deny service, deny access, or otherwise discriminate against subscribers or general citizens on the basis of race, color, religion, national origin, sex, age, status as to public assistance, affectional preference, or disability. Grantee shall comply at all times with all other applicable federal, state, and city laws, and all executive and administrative orders relating to nondiscrimination. (Ord. 827, 8-5-2002, eff. 8-26-2002)
9-1-12-2: SUBSCRIBER PRIVACY:
   A.   No signals including signals of a class IV channel may be transmitted from a subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written permission of the subscriber. Such written permission shall be for a limited period of time not to exceed one year which may be renewed at the option of the subscriber. No penalty shall be invoked for a subscriber's failure to provide or renew such authorization. The authorization shall be revocable at any time by the subscriber without penalty of any kind whatsoever. Such permission shall be required for each type or classification of class IV channel activity planned for the purpose of monitoring individual viewing patterns or practices.
   B.   No lists of the names and addresses of subscribers or any lists that identify the viewing habits of subscribers shall be sold or otherwise made available to any party other than to grantee or its agents for grantee's service business use, and also to the subscriber subject of that information, unless grantee has received specific written authorization from the subscriber to make such data available. Such written permission shall be for a limited period of time not to exceed one year which may be renewed at the option of the subscriber. No penalty shall be invoked for a subscriber's failure to provide or renew such authorization. The authorization shall be revocable at any time by the subscriber without penalty of any kind whatsoever.
   C.   Written permission from the subscriber shall not be required for the conducting of system wide or individually addressed electronic sweeps for the purpose of verifying system integrity or monitoring for the purpose of billing. Confidentiality of such information shall be subject to the provision set forth in subsection B of this section. (Ord. 827, 8-5-2002, eff. 8-26-2002)
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