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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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9-1-14-6: RIGHTS CUMULATIVE:
All rights and remedies given to city by this franchise or retained by city herein shall be in addition to and cumulative with any and all other rights and remedies, existing or implied, now or hereafter available to city, at law or in equity, and such rights and remedies shall not be exclusive, but each and every right and remedy specifically given by this franchise or otherwise existing or given may be exercised from time to time and as often and in such order as may be deemed expedient by city and the exercise of one or more rights or remedies shall not be deemed a waiver of the right to exercise at the same time or thereafter any other right or remedy. (Ord. 827, 8-5-2002, eff. 8-26-2002)
9-1-14-7: GRANTEE ACKNOWLEDGMENT OF VALIDITY OF FRANCHISE:
Grantee acknowledges that it has had an opportunity to review the terms and conditions of this franchise and that under current law grantee believes that said terms and conditions are not unreasonable or arbitrary, and that grantee believes city has the power to make the terms and conditions contained in this franchise. (Ord. 827, 8-5-2002, eff. 8-26-2002)
9-1-14-8: FORCE MAJEURE:
Neither party shall be liable for any failure of performance hereunder due to causes beyond its reasonable control including, but not limited to: acts of God, fire, explosion, vandalism, storm or other similar catastrophes; any law, order, regulation, direction, action or request of the United States government or any other government including state and local governments having jurisdiction over either of the parties or of any department, agency, commission, court, bureau, governments, or of any civil or military authorities; national emergencies; insurrection; riots; wars; or strikes, lockouts or work stoppages. (Ord. 827, 8-5-2002, eff. 8-26-2002)
9-1-15: PUBLICATION EFFECTIVE DATE; ACCEPTANCE:
9-1-15-1: PUBLICATION, EFFECTIVE DATE:
This franchise shall be published in accordance with applicable local and Minnesota law. The effective date of this franchise shall be the date of acceptance by grantee in accordance with the provisions of section 9-1-15-2 of this chapter. (Ord. 827, 8-5-2002, eff. 8-26-2002)
9-1-15-2: ACCEPTANCE:
   A.   Grantee shall accept this franchise within thirty (30) days of its enactment by the city council, unless the time for acceptance is extended by city. Such acceptance by the grantee shall be deemed the grant of this franchise for all purposes; provided, however, this franchise shall not be effective until all city ordinance adoption procedures are complied with and all applicable time lines have run for the adoption of a city ordinance. In the event acceptance does not take place, or should all ordinance adoption procedures and time lines not be completed, this franchise and any and all rights granted hereunder to grantee shall be null and void.
   B.   Upon acceptance of this franchise, grantee and city shall be bound by all the terms and conditions contained herein.
   C.   Grantee shall accept this franchise in the following manner:
      1.   This franchise will be properly executed and acknowledged by grantee and delivered to city.
      2.   With its acceptance, grantee shall also deliver any grant payments, performance bond and insurance certificates, and guaranties, as required herein, that have not previously been delivered. (Ord. 827, 8-5-2002, eff. 8-26-2002)
9-1-16: EXHIBITS:
   EXHIBIT A
   GRANTEE'S OWNERSHIP INFORMATION
   EXHIBIT B
   GRANTEE COMMITMENT TO
   PEG ACCESS FACILITIES AND EQUIPMENT
1.   PUBLIC, EDUCATIONAL AND GOVERNMENT (PEG) ACCESS CHANNELS
Grantee shall make up to two (2) video Channels available exclusively for PEG use ("PEG Channels"). Initially one (1) Channel shall be provided by Grantee for public, educational and governmental use. One (1) PEG Channel shall at all times be located on Channel 8 throughout the term of the Franchise, unless prohibited by Applicable Law. Grantee shall make available one (1) additional Channel for PEG use upon ninety (90) days advance written notice from the City. The PEG Channels shall be dedicated for PEG use for the term of the Franchise Agreement, provided that Grantee may utilize any portions of the PEG Channels not scheduled for PEG use. City and Grantee shall establish rules and procedures for such scheduling in accordance with Section 611 of the Cable Act (47 U.S.C. § 531).
City may not request additional Channel capacity beyond the two (2) Channels for PEG use except in accordance with applicable State laws. City shall be responsible for all programming requirements, including but not limited to scheduling, playback, training, staffing, copyright clearances, and equipment, maintenance and repair.
2.   PEG OPERATIONS
City may, in its sole discretion, negotiate agreements with neighboring jurisdictions served by the same Cable System, educational institutions or others to share the expenses of supporting the PEG Channels. City and Grantee may negotiate an agreement for management of PEG facilities, if so desired by both parties.
3.   TITLE TO PEG EQUIPMENT
City shall retain title to all PEG equipment and facilities purchased or otherwise acquired by City.
4.   RELOCATION OF PEG CHANNELS
Grantee shall not relocate any PEG access Channel to a different Channel number unless specifically required by Applicable Laws or unless otherwise agreed to in writing by City. Grantee shall provide City and all Subscribers with at least sixty (60) days prior written notice of any legally required relocation. In the event any PEG access channel(s) is relocated, Grantee shall reimburse City up to Five Thousand Dollars ($5,000.00) for all costs associated with such move including change of letterhead, promotion of new channel location and promotional spots for the new location and inform Subscribers of the new channel location through bill inserts and newspaper advertisements.
5.   ACCESS OPERATING SUPPORT
Grantee shall provide City with a capital grant of Twenty-five Thousand Dollars ($25,000), on or before May 31, 2003. Grantee shall also collect, upon written request by City allowing ninety (90) days advance notice, on behalf of City a per Subscriber fee of up to thirty- five cents (35¢) per month in years one (1) through five (5) of the Franchise; seventy-five (75¢) per month in years six (6) through ten (10) of the Franchise; and one dollar ($1.00) per month in years eleven (11) through fifteen (15) of the Franchise, solely to fund public, educational and governmental access related expenditures (hereinafter "Access Fee"). Any increase in the per month fee by City shall occur upon approval of the City Council and upon ninety (90) days' advance written notice to Grantee. Any and all payments by Grantee to City in support of PEG access programming shall not be deemed "Franchise Fees" within the meaning of Section 622 of the Cable Act (47 U.S.C. Section 542).
6.   TWO-WAY SERVICE TO PUBLIC BUILDINGS
Grantee shall provide a two-way connection to the Channel 8 Studio, City Hall, Fine Arts Center and High School to facilitate the exchange of programming, including live cablecast programming from those buildings on the Grantee's Cable System and the Grantor's network. Grantee shall further provide, free of charge, all necessary interface equipment (modulator/demodulator) at the agreed-upon point of interconnection to allow the City to cablecast programming to Grantee's headend for cablecast on Grantee's Cable System.
7.   DROPS TO DESIGNATED BUILDINGS
   a.   Grantee shall provide free of charge throughout the term of this Franchise, Installation of one (1) network Drop, one (1) cable outlet, and one (1) Converter, if necessary, and the Basic Service Tier and cable programming services tier (a/k/a expanded basic) excluding pay-per-view, pay-per-channel (premium) programming, high-speed data services (unless considered a "cable service") without charge to the institutions identified in Exhibit B-1, and such other public institutions subsequently designated by City as determined in City's sole discretion. This requirement shall not include any digital tier of services Grantee may offer unless and until such time as Grantee's digital programming reduces the amount of spectrum available for analog programming to less than approximately sixty (60) Channels of analog programming. Grantee shall be responsible for the costs of extension to subsequently designated institutions for the first three hundred (300) feet as measured from Grantee's nearest active plant. The institution shall pay the net additional Drop or extension costs beyond the three hundred (300) feet.
   b.   Additional Subscriber network Drops and/or outlets in any of the locations identified on Exhibit B-1 will be installed by Grantee at the lowest actual cost of Grantee's time and material. Alternatively, said institutions may add outlets at their own expense, as long as such Installation meets Grantees standards and approval which shall not be unreasonably withheld. Grantee shall have three (3) months from the date of City designation of additional accredited schools or public institutions or relocations to complete construction of the Drop and the outlet unless weather or other conditions beyond the control of Grantee requires more time.
   EXHIBIT B-1
   SERVICE TO PUBLIC AND PRIVATE BUILDINGS
1.   City Hall
2.   Channel 8 Studio
3.   Community Center
4.   Library
5.   Police Department
6.   Fire Department
7.   All K-12 state accredited public and private schools
8.   Fine Arts Center
   TWO-WAY LIVE
*To facilitate live programming from any one location at a given time.
1.   Channel 8
2.   City Hall
3.   Fine Arts Center
4.   High School
   EXHIBIT C
   DESCRIPTION OF SYSTEM
1.   The Cable System shall be designed, constructed, routinely inspected, and maintained to guaranty the Cable System meets or exceeds the requirements of the most current editions of the National Electrical Code (NFPA 70) and the National Electrical Safety Code (ANSI C2).
2.   General Requirements. Grantee shall use equipment used in high quality, reliable modern Cable Systems of similar design. Within ninety (90) days after the effective date, Grantee shall provide to the City a plan for construction of the System indicating, at least, a general overview of the construction schedule.
3.   General Description. The Cable System shall provide Subscribers with a technically advanced and reliable Cable System. The System shall operate with 750 MHz of bandwidth, capable of delivering a minimum of 78 channels of programming. The System will be two-way active, and it will have a return capacity of 42 MHz. The design will provide the benefits of proven 78 Channel electronics while positioning the System for expansion of bandwidth and Channel capacity as technology and future services develop.
4.   Design. The design of the System shall be an analog system and shall be capable of utilizing 78 channels of analog bandwidth. The system shall have the option of delivering all channels above the basic service in a digital format and that may require customers to utilize a digital customer terminal. There shall be no more than six (6) active amplifiers in a cascade from the headend to the residential dwelling. The incorporation of stand-by power supplies, strategically placed throughout the system, will further reduce the likelihood of service interruptions. The system will be designed in such a manner so that it is capable of delivering advanced services, such as high- speed Internet service and digital pay-per-view.
5.   Technical Specifications. The System shall meet or exceed FCC requirements. In no event shall the System fall below the following standards:
   a.   The System shall be capable of meeting the following distortion parameters:
1.   Carrier to RMS Noise 48 dB
2.   Carrier to Second Order 53 dB
3.   Carrier to Cross Modulation 51 dB
4.   Carrier to Composite Triple Beat 53 dB
   b.   The frequency response of a single Channel as measured across any 6 MHz analog Channel shall not exceed +/ 2 dB.
   c.   The frequency response of the entire passband shall not exceed N/10+ 2 dB for the entire System where N is the number of amplifiers in cascade;
   d.   The System shall be designed such that at a minimum all technical specifications of this Franchise Agreement are met.
   e.   The System shall be designed such that no noticeable degradation in signal quality will appear at the Subscriber terminal.
   EXHIBIT D
   FRANCHISE FEE PAYMENT WORKSHEET
REVENUE SOURCE
GROSS REVENUE
5% FRANCHISE FEE
YEAR-TO-DATE
REVENUE SOURCE
GROSS REVENUE
5% FRANCHISE FEE
YEAR-TO-DATE
Basic Cable Service
 
 
 
Expanded Basic
 
 
 
Digital Services
 
 
 
Pay Service Channel
 
 
 
Pay-Per-View
 
 
 
Commercial Music
 
 
 
Installation Charge
 
 
 
Bulk Revenue
 
 
 
Home Shopping Revenue
 
 
 
Advertising Revenue
 
 
 
Equipment Rental
 
 
 
Processing Fees
 
 
 
Inside Wiring
 
 
 
Bad Debt
 
 
 
Franchise Fee Revenue
 
 
 
Other – Revenue
 
 
 
   TOTAL
 
 
 
 
REVENUE SOURCES INCLUDE:
INSTALLATION:
 
 
Standard Installation
Commonly occurring normal Installation
Additional Outlet
Installation on additional sets within a Subscriber's home
FM Service
Separate Installation of FM Service
VCR
Installation of Converter to a VCR
Reconnection of Service
Reconnection of cable to a Subscriber's address
A/B Switch
Separate Installation of an A/B Switch
Relocation
Moving an outlet within a Subscriber's home
Non-Standard
Usually Installation of a commercial type of an account
Change of Service
Charge for upgrading or switching a premium service
BASIC SERVICE:
Basic Service
Revenue derived from Basic Service
Bulk Rates
Revenue derived from non-standard billings (i.e., apt. complex)
Reduced Promotional Basic
Revenue derived from a discounted basic service
PAY-PER-VIEW:
All Movies
Revenue derived from pay-per-view movies
Events
Revenue derived from special events (i.e., concerts, boxing matches, etc.)
ADVERTISING:
Sales
Revenue generated locally, regionally or nationally
Ad Production
Revenue generated from the production of a locally produced commercial
Production Income
Revenue generated from the production of training tapes, studio rentals, personnel fees, or rental income from renting vans or equipment
Tape Duplication
Revenue generated from duplication of L.O. or access tapes
Bill Stuffer
Revenue generated as a result of providing a bill stuffer to an advertiser
OTHER:
Returned Check Fees
Revenue generated from charges on returned checks
Pre-wired Cable Purchases
Revenue generated from the sale of Cable Service to Subscribers who pre-wire their home
Antenna Rental
Any revenue derived from renting space on towers
A/B Switch
Revenue generated from sale of an A/B Switch
Late Fee
Revenue generated from receiving a late fee
OTHER:
DOES NOT INCLUDE:
Reimbursements
Revenues from the Department of Transportation or other government entities for mandatory relocations of Cable System. Revenue from employee reimbursements for cash advances.
 
Verified and submitted this            day of                               , 2002.
By:                     
Its:                     
(Ord. 827, 8-5-2002, eff. 8-26-2002)