1996-794CITY OF HOPKINS COUNTY OF HENNEPIN
ORDINANCE NO. 96-794
AN ORDINANCE AI~NDING
ORDINANCE 96-790, CABLE FRANCHISE ORDINANCE AND
ORDINANCE 96-792, CABLE REGULATORY ORDINANCE
The City Council of the City of Hopkins does hereby ordain:
SECTION 1. That Ordinance #96-790 be amended to include the
following language:
6.7 Shared Use of Facilities
The Grantee must make space available on its poles and towers, or upon timel
request by the City, underground lines and conduit, for City wires, fixtures, or
City utilities, whenever such use will not interfere with the use of those
facilities by the Grantee or any other communication company. The City must pay
for any added expense incurred by the Grantee because of such City use.
SECTION 2. That Ordinance #96-790, Section 10.3(A) be amended to
include the following language:
10.3 Security Fund
A. In the event the Grantee is given notice of a non-compliance pursuant to
Section 34 of the Ordinance, the Grantee shall within ten (10) days thereof
deposit into a bank account, established by the City, and maintain on deposit the
sum of Twenty Thousand and 00/100 Dollars ($20,000.00) or deliver to the City a
letter of credit in the same amount as a common Security Fund for the faithful
performance by it of all the provisions of this Franchise and compliance with all
orders, permits and directions of the City and the payment by Grantee of any
claim, liens, costs, expenses and taxes due the City which arise by reason of the
construction, operation or maintenance of the System. Interest on this deposit
shall be paid to Grantee by the bank on an annual basis . The security may be
terminated by the Grantee upon the Resolution of the alleged non-compliance. The
obligation to establish the security fund required by this paragraph is
unconditional. The fund must be established whenever Grantee is given the notice
required, even if Grantee disputes the allegation that it is not in compliance.
If Grantee fails to establish the security fund as required, the City may take
whatever action is appropriate to require the establishment of that fund and may
recover its costs, reasonable attorneys' fees, and an additional penalty of $2000
in that action.
SECTION 3. That Ordinance #96-792, Section 8(F} be amended to
read as follows:
F. Whenever City shall undertake any public improvement which affects a
Grantee's equipment or facilities, City shall, with due regard to reasonable
working conditions and with reasonable notice, direct a Grantee to remove its
wires, conduits, cables and other property located in Streets. A Grantee
shall relocate or protect its wires, conduits, cables and other property at
its awn expense. If the City uses its own funds to reimburse any non-
municipally owned utility for relocating its property at the City's request,
and if the City does not receive something of approximately equal value, to
which it was not otherwise entitled, in exchange for such reimbursement, the
City will reimburse Grantee in a substantially similar manner. Notwithstanding
anything to the contrary, this requirement shall not apply where an electric
utility has been compensated for relocating its plant underground through
franchise fees collected from the electrical utility and such fees are
dedicated in whole or in part to the undergrounding of electric facilities.
SECTION 4. That Ordinance #96-792, Section 8(G.2) be amended to
read as follows:
(2) A Grantee shall change from aerial to underground, at its own expense,
in any area where both electrical and telephone are hereafter changed from
aerial to underground. If the City uses its own funds to reimburse any non-
municipally owned utility for relocating its property at the City's request,
and if the City does not receive something of approximately equal value, to
which it was not otherwise entitled, in exchange for such reimbursement, the
City will reimburse Grantee in a substantially similar manner. Notwithstanding
anything to the contrary, this requirement shall not apply where an electric
utility has been compensated for relocating its plant underground through
franchise fees collected from the electrical utility and such fees are
dedicated in whole or in part to the undergrounding of electric facilities.
SECTION 5. That Ordinance #96-792, Section 8(G.3) be amended to
read as follows:
(3) A Grantee shall change from aerial to underground, when both electrical
and telephone are similarly required, without cost to City, whenever requested
by City, which request can be made for a certain area or areas or for the
entire System. If the City uses its own funds to reimburse any non-
municipally owned utility for relocating its property at the City's request,
and if the City does not receive something of approximately equal value, to
which it was not otherwise entitled, in exchange for such reimbursement, the
City will reimburse Grantee in a substantially similar manner. Notwithstanding
anything to the contrary, this requirement shall not apply where an electric
utility has been compensated for relocating its plant underground through
franchise fees collected from the electrical utility and such fees are
dedicated in whole or in part to the undergrounding of electric facilities.
SECTION 6. The effective date of this ordinance shall be twenty
days after publication.
First Reading of Ordinance #96-794: December 17, 1996
Second Reading of Ordinance #96-794: January 7, 1997
Date of Publication: January 15, 1997
Effective Date of Ordinance: February 5, 1997
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les 17. Redepenning, ayor•~
AT T:
Terry rmaier, City Clerk
APPRO D A 0 F RM AND LEGALITY:
C' y A orney ig ature Da e