07-08-1998 Council Agenda - Laserfiche WebLink

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7 -02 -1998 12:14PM FROM SWEENEY LAW FIRM 2235289 P.3 Mr. Joel R. Hanson July 2, 1998 Page 2 "- . -•1 •II - 6 ..• 0- - • - - • - • • • -.. •,I -, O.. underground or contained w' 9'n buildings or other etructnree in Homo rmity appli .able with code unless otherwise agreed to by the City in writing, ..," (Emphasis added.) This section of the Little Canada Code would appear to be 'appropriate municipal regulation of the location of cable facilities. However, you will recall that the representative of the Cable Company stated that undergrounding might be appropriate only if it placed similar burdens on, all other utilities. The question of abandonment of service was also discussed at the Meeting of June 24, 1998. Section 10 of the Franchise Agreement provides, in Subd. 3, in part, as follows: "Grantee may not abandon the System or any portion thereof without compensating City for damages resulting from the abandonment, including all aoato ineidefl !s re!8Ual of the Cydeem." Subd. 4 continues in Subd. b, in part, as follows: . City shall have the right to apply funds secured by the Letter of Credit and•Performauce Bond toward removal ... ". Section 2302.320 of the Little Canada Right -of -Way Ordinance, entitled "Abandoned and Unusable Equipment," provides that the City may require the posting of an additional bond sufficient to reimburse the City for reasonably anticipated costs to be incurred in removing abandoned equipment, which appears to be defined as equipment that "remains unused for two years." The question of removal of abandoned cable equipment or facilities appears to be complicated by the definition or lack of definition of "abandoned" equipment. Would you please submit' this matter to the Council for their consideration. If anyone has any additional questions, please contact the undersigned. TMS:gc Yours very truly, SWEENEY, SORER & SWEENEY Thomas M. Sweeney Page 14