07-08-98 Council Minutes - Laserfiche WebLink

Home Browse Search

iVIINUTES CITY COUNCIL JULY 8, 1998 T}~e City Attorney replied that the Cwo docwnents were prepared by the attorney re~resentin~ the Cable Commissio~~. The Atton~ey felt that tl~e rights-of-way ordinance provided that a~iChority to the City unless the franchise agreement tal<es that autl~ority away. The franchise agreement does not say the City can force the cable plant under~rround in areas where other utilities 1re overhead. The City Attorney stated that as long as Media One is ~~reeable, however, perhaps that intent can be captured. Fahey suggested that tlie City require 1 letter of understanding from Media One as a condition of approval of the franchise agreement. Gibbs indicated that Media One was agreeable to the installation of plant underground regardless of whether other utilities were overl~ead. Gibbs stated that Media One can send the City a letter documentin~ that fact. F1hey also sug~ested thlt the ri~hf-of-way ordinance be amended to e(imin~te inconsistencies with the fi~auchise ordinance. The City Administrator note<( thaC the City's position also includes that sl~ould tlie primary ~itility be undergro~ind, then Media One would be undergruund as well. Gibbs a~reed and pointed out that ~s a practical matter, cable TV would not stay up if other utilities went underground. Fahey Su~gested approval of the franchise aareement subject to tlie amendment of the ri~ht-of-way ordinance as wel] as a letter from Media O~1e outliniug tlieir positiou that clble TV plant will be put under~round wheu otl~er utilities go uuderground. Pedersen questioned what this letter fiom Media One would accomplish pointi~~g out t]~~tC the letter is ouly an indicaYio~~ of the company's position at this ~oinY in time. Tlie City Attorney su~~ested tl~at tl~e letter could be dr2fted as an amendmant of the fi anchise agreement. Gibbs st<ited that the Ietter could bE framed as a cl2rific~tion of Media One's ~mdersYandin~ of the i'rli~chise a~reement. Gibbs s~i~gested that in coujunetion with Media One's lcce}~tance oFthe frtiuchise agreement the IeYter would be enforceable in the future. I{evin Griftm pointed out thaC he is 1n officer of tlie complny and the letter could come from him.