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City Engineer Jankowski stated that in order to charge a fee for the placement of items within the <br />right-of-way, there would have to be a franchise ordinance. The proposed ordinance would <br />allow for a fee requiring the company to maintain what is installed within the right-of-way. <br /> <br />Councilmember Hendriksen inquired if the proposed ordinance is the ordinance he presented to <br />the City Attorney. <br /> <br />City Engineer Jankowski replied that he believes it is the same ordinance, but would have to <br />verify to make sure. <br /> <br />City Administrator Norman explained that the proposed ordinance is the same model ordinance <br />that has been passed around through other organizations. The ordinance was started from a <br />lawsuit within the City of Redwood Falls. <br /> <br />Councilmember Connolly stated that with all of the telecommunications and deregulation taking <br />place the ordinance should include wording in regards to removal otherwise the City could end <br />up with a fight-of-way full of"junk". <br /> <br />Councilmember Zimmerman stated that he would like to see a franchise fee. <br /> <br />Councilmember Hendriksen stated that he would like to hear the pros and cons of a franchise fee. <br /> <br />Councilmember Connolly stated that the City needs to have documentation of what is in the <br />right-of-way and how the items will be removed. <br /> <br />Councilmember Zimmerman suggested exploring the idea of a franchise fee in addition to <br />introducing the right-of-way ordinance. <br /> <br />Councilmember Connolly questioned if the issue of removal should be included within the right- <br />of-way ordinance. <br /> <br />Councilmember Hendriksen stated that if a company spends millions of dollars on placing <br />materials within a right-of-way and then the company goes bankrupt there will be no money to <br />remove the materials. He questioned if the City should require a bond to guarantee removal if <br />needed. <br /> <br />Councilmember Zimmerman questioned if another company comes in and damages another <br />companies property that is installed within the right-of-way can the City be sued. <br /> <br />City Engineer Jankowski reviewed the v[,ording that is stated within the ordinance. <br /> <br />Councilmember Hendriksen requested that Staff track down the ordinance he gave to the City <br />Attorney to verify it is the same ordinance. <br /> <br />Public Works Committee/November 16, I999 <br /> Page 8 of 11 <br /> <br /> <br />