(A) The city hereby grants to the franchisee a nonexclusive franchise to extend, maintain and operate a cable system in the city to provide cable service to the inhabitants of the city 24 hours each day, subject to any lawfully enacted local, state or federal laws, permits or regulations. The city further grants to the franchisee easements in, upon, over, under, across, and along the streets and alleys of the city now laid out or dedicated and all extensions thereof and additions thereto in the city, for its use for the purpose of erecting, constructing, operating, maintaining, and repairing all necessary poles, pole lines, posts, wires, coaxial cables, cross-arms, braces, conduits, manholes, and all other useful fixtures and appurtenances necessary to properly construct, extend, maintain, and operate a cable system in the city. Other easements necessary for the franchisee on other city grounds or places may be obtained by the franchisee from the city.
(B) This chapter complies with the state franchise standards set forth in M.S. § 238.084, as it may be amended from time to time. The city and the franchisee shall conform to state laws promulgated subsequent to the date of this franchise within one year after the laws become effective. The city and the franchisee shall conform to federal laws and regulations as they become effective, including 47 CFR Parts 11, 21, 63 and 76 regarding emergency alert system requirements.
(C) Prior to any construction, reconstruction, or rebuilding of the cable system, the franchisee shall comply with all city permitting laws.
(D) The franchisee shall pay to the city on or before April 1 of each year an amount equal to 5% of the annual gross operating receipts within the city during the previous year for the use of the streets and other facilities of the city in the operation of the cable system and for the municipal supervision thereof.
(E) Along with franchisee fee payments, the franchisee shall file with the city an official annual report reflecting gross operating receipts. Receipt by the city shall not be deemed acknowledgment of accuracy of amounts owed. The city shall have the authority to audit the franchisee’s accounting and financial records to verify the accuracy of the franchise fees so paid. The franchisee shall first be given three working days notice of the inspection and description, to the best of the city’s ability, of the books, records and documents it wants to inspect.
(Ord. 186, passed 4-17-00)