07-08-98 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL JULY 8, 1998 Gibbs indicated that if Medi1 One tool< plant out-of seivice and provided the City uotice of abandomnent, the City could exercise its rights under Section 10 of the franchise agreement to require that plant be removed, Fahey stated that if Media One is representing that they will put their plant undergiaund when other utilities do so, then he was in support of the franchise agreement. Fahey suggested that perhaps the franchise agreement should be clarified to worlc together with the rights-of-way ordinance includinb auy future amendments tl~at the City might make to the ri~hts-of-way ordinance. Gibbs replied that he believed the City had the autharity under its police powers to require the under~roundin~ of cable plant, btrt limited to tlie extei~t thlt it doesn't resuh in more burden on Media One than any otl~er rights-of-way user. Gibbs stated that Media One understands that the fraucl~ise agreement ~nd the ri~hts-of-way ordii~ance must work to~etl~er so that the combin~tion of the two does not put extra burdens on Media One. Gibbs stated that Media O~~e 1cla~owled~es the City's a~itl~ority in Yhis regard. Tl~e City Aciministr<it~or a3reed thlt the fl~anchise lgreement and rights-of- way ordinance must worl< to~ether, and f~irther pointed out that the defiuition of abandonment, i.e. nof being used for transmission, needs to be addressed as well. The City Attorney pointed out the question of ui~dergroundii~~ of newly coustructec( cable TV pl~nt where other utiliCies are not underground. The Attorney pointed out Section 13, paragra~l~ 3 of the fi~lnchise agreement provides for the amendment of the a~reemeut, but suggested Che City might want a written document from Media One agreeing to au amendment to the a~reement. Scalze asl<etl about Yhe definitiou of abandonment. The City Attorney staCed tl~at he was unable to find a definition of abindonment in tl~e franel~ise ~greement. Morelan asl<ed ifthis issue has come up in otlrer cities. Gibbs replied that it l~as noC, and sug~ested that the issue of aba~~donment w1s addressed in State SY~tutes in the early 1980's. Gibbs repoited that tl~e franchise 1~reemen[ h~s been adopted by 5 or 6 of the member cities as it stands, and that Media One is lool<ing for uniformiYy in this agreement witlt the cities. Gibbs indicated that his concept of