Laserfiche WebLink
SUMMARY <br />ORDINANCE GRANTING A CABLE FRANCHISE TO TRIAX <br />This document highlights some of the important provisions of the Ordinance and prov ides comments <br />regarding changes from the current franchise. The actual Ordinance should be reviewed to clarify <br />specific provisions. <br />1. <br />2. <br />3. <br />6. <br />8. <br />Definitions . The franchise contains rr->jiy defined terms that update or improve the existing <br />franchise. <br />Franchise Fee. The franchise continues to require Triax to pay 5% of its gross revenues to <br />the LMCC as consideration for usage of public property, 'fbe company is required to <br />calculate its gross revenues as broadly as is permissible under law. <br />Member Municipalities and LMCC Franch ise Area. The franchise atea includes the <br />municipal boundaries of the Cities of Deepbaven, Excelsior, Greenwood, Independence, <br />Minnetonka Beach, Minnetrista, Orono. Shorewood, Spring Park, Tonka Bay, Woodland, <br />Medina, St. Bonifacious, Long Lake and Victoria, Minnesota. <br />Franchise Term. The franchise is granted for a period of fifteen (15) years. <br />Right-of-Wav Ordinance Unlike the existing franchise, the proposed franchise contemplates <br />that the member municipalities may adopt ordinances creating specific or unique <br />requirements regarding regulation, management and use of Rights-of-Way. A determination <br />by a member municipality that Triax has violated such a loc'*’ requirement may be deemed <br />a violation of the franchise by the LMCC. In addition, Triax is subject to all lawful exercise <br />of the police power, statutory rights, local ordinance-making authority, and eminent domain <br />rights of the member municipalities. <br />T ine Extension . Triax is required to provide service to all homes within the LMCC where <br />there are a minimum of thirty (30) homes per cable mile. Triax is also required to extend <br />service to any other areas based on a pro-rata formula for cost recovery. <br />Construction Standards. Triax must strictly adhere to all state and local laws and building <br />and zoning codes and the LMCC has the right to inspect. Triax must promptly and fully <br />repair and restore all rights-of-way which are disturbed or damaged during the construction <br />and operation of the system, at its expense, to the same condition as that prevailing prior to <br />the work. <br />nndercn-minding of Cable. Unless the requirements of a member municipality differ, Triax <br />must place newly constructed facilities underground only where all other utility lines are <br />placed underground. Triax must bury all drops in a reasonable time period which shall not <br />exceed ten (10) business days. <br />c