07-08-1998 Council Agenda - Laserfiche WebLink

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7 -02 -1998 12:14PM Thou,ra M.Sweeney George F. Sorer Patrick J. Sweeney. Robin D. Tenney. Anne Spencer FROM SWEENEY LAW FIRM 77;5289 P. 2 Sweeney, Borer & Sweeney Professional Association Attorneys at Law Suite 1200 Capital Centre 386 North Wabasha Street. St. Paul, Minnesota 55.102 July 2, 1998 VrA EACSSf1TE AND U.S MAIL Mr. Joel R. Hanson City Administrator 515 Little Canada Road Little Canada, MN 55117 Re: Undexgrounding of Cable Facilities Our File No. 9095 pear Joel: Telephone (61212222541 92Mb: de (612)2236289 The above - captioned matter was discussed at the Council Meeting of June 24, 1998. I have reviewed the proposed Cable Television Franchise Ordinance, dated July 15, 1998, and Chapter 2302, entitled "Telecommunications" of the City of Little Canada Code Book. Section 3, Subd. 4. of the Franchise Agreement, entitled "Undergrounding oftable ", provides, in part, as follows: "Unless otherwise required by action of City Council, Grantee must place newly constructed facilities underground in areas of City where all of the utility lines are placed underground. ..." This section seems to require the undergrounding of newly constructed facilities if all of the utility lines are underground. It does not seem to apply to the undergrounding of facilities in areas where other utility lines are not underground. However, Little Canada Section 2302:250, entitled "Location of Equipment", .provides in subparagraph A. entitled "Undexgrounding. ", in part, as follows: "Unless otherwise permitted by an existing franchise or Minn. Stat. 2168.36, or unless existing above- ground equipment is repaired or replaced, or unless infeasible such as in the provision of electric service at certain voltages, reaLrnnsrnirrinn, the installation of any_ Page 13