07-08-98 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL JULY 8, 1998 abandonment is something that is noC in service. Gibbs suggested it would noY be difficult to put together a one-sentence definiCion of tl~e word "abandonment". Media One would be open Yo havin~ this definition act as a ciarification of tlie franchise agreement leavin~ tl~e agreement in tact. Scalze asl<ed if abindonme~~t could be defi~~ed in Yhe rights-of-way ordinance. Gibbs indicated thlt Media One acknowledges its obligation to remove abandoned plant and again noted the bond that will be in place. Fahey suggested that the franchise agreement could be approved subject to the appro}~riate definition of abaiudonment ai~d the moditication of the rights-o(=way ordinance so that it is consistent with the franchise agreement. Gibbs indicated that it would be unlilcely th<tt Media One would take a ~nodified franchise a~;reemeuY back to tl~e member cities for reapproval. Morelan aslced what Media One considered lbandonment to mean. Gibbs replied that abl~~donmeut would ii~ean plant that is not in service and is n~t being used. Gibbs pointed out tl~at tlie ordinance sttites Yhat this condition would be present for a period of'two years to be considered abandoned. However, he has seen ordiuances witl~ time fi~ames as short as six months ii~ otller coi~texts. Gibbs again indicated tliat Media Oue does not plan to abandon mucl~ plant and that at times it is better to (eave this plant i» }~lace for safety re2sons a~ disruption concerns. The City Attorney indicated that if the City is concerued about the removai of aUlndoned pllnt, the Council could plss a resolution approvin~ tl~e franchise ordinlnce s~ibject to the c(arification and detinition of abandoi~ment. This definitiou could be worked out with Mr. Gibbs 1s well as Toro Crei~htou, atta~ney representing the Cable Conunissiou. The Atta~ney su~~ested if plant is not being used for transmission, it could be considered abandoneci, and also suggested that two years is a long time. The Attorney sug~ested tl~at the document definin~ abaudonment should be signed off on by tlie fi~ancl~isee. Scalze suggested that if NSP goes underground, it would seein that Cable TV would go tmders~row~d as well. Gibbs a~reed ttilt if NSP ~oes underground, the Cable TV plant would follow.