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MINUTES <br />CITY COUNCIL <br />JULY 8, 1998 <br />The City Attorney replied that the two documents were prepared by the <br />attorney representing the Cable Commission. The Attorney felt that the <br />rights -of -way ordinance provided that authority to the City unless the <br />franchise agreement takes that authority away. The franchise agreement <br />does not say the City can force the cable plant underground in areas where <br />other utilities are overhead, The City Attorney stated that as long as <br />Media One is agreeable, however, perhaps that intent can be captured. <br />Fahey suggested that the City require a letter of understanding from Media <br />One as a condition of approval of the franchise agreement. <br />Gibbs indicated that Media One was agreeable to the installation of plant <br />underground regardless of whether other utilities were overhead. Gibbs <br />stated that Media One can send the City a letter documenting that fact. <br />Fahey also suggested that the right -of -way ordinance be amended to <br />eliminate inconsistencies with the franchise ordinance. <br />The City Administrator noted that the City's position also includes that <br />should the primary utility be underground, then Media One would be <br />underground as well. <br />Gibbs agreed and pointed out that as a practical matter, cable TV would <br />not stay up if other utilities went underground. <br />Fahey Suggested approval of the franchise agreement subject to the <br />amendment of the right -of -way ordinance as well as a letter from Media <br />One outlining their position that cable TV plant will be put underground <br />when other utilities go underground. <br />Pedersen questioned what this letter from Media One would accomplish <br />pointing out that the letter is only an indication of the company's position <br />at this point in time. <br />The City Attorney suggested that the letter could be drafted as an <br />amendment of the franchise agreement. <br />Gibbs stated that the letter could be framed as a clarification of Media <br />One's understanding of the franchise agreement. Gibbs suggested that in <br />conjunction with Media One's acceptance of the franchise agreement the <br />letter would be enforceable in the future. <br />Kevin Griffin pointed out that he is an officer of the company and the <br />letter could come from him. <br />Page 28 <br />