4.5. SR 01-03-2005 - Laserfiche WebLink

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3. Identifies the Franchise provisions to be amended. The City shall not unreasonably deny such a petition. e. This Cable Ordinance and Franchises granted pursuant hereto are intended to comply with Minnesota Statutes Chapter 238. Any applicable requirement established by Minn. Stat. 238.084 not expressly incorporated in this Cable Ordinance or a Franchise shall be deemed incorporated by reference in the Franchise as though fully set forth therein. f. The performance of any Grantee is subject to periodic evaluation by the City upon reasonable notice to the Grantee. Section 4.2 Use ot Rights-ot-Way a. Use of Rights-of-Way to operate a Cable System and provide Cable Service must not be inconsistent with the terms and conditions by which such Rights-of-Way were created or dedicated. Use of Rights-of-Way is subject to all applicable legal requirements including any Right-of-Way Ordinance enacted by the City, provided however that to the extent that rights, duties and obligations regarding the use of Rights-of-Way are specifically addressed in a Franchise, such Franchise terms shall prevail over any conflicting provisions of a Right-ot-Way Ordinance. b. The City may construct, maintain, repair or relocate sewers; grade, pave, maintain, repair, relocate and/or alter any Right-ot-Way; construct, repair, maintain or relocate water mains; or construct, maintain, relocate, or repair any sidewalk or other public work. c. All System facilities, lines and equipment in the City must be located so as not to obstruct or interfere with the proper use of Rights-ot-Way, alleys and other public ways and places, and cause minimum interference with the rights ot property owners who abut any of the said Rights-of-Way, alleys and other public ways and places, and not interfere with existing public utility installations. d. To the extent required in a Right-of-Way Ordinance, a Grantee must file with the City strand maps, plats, or other record of the location of all facilities constructed in the City, including underground facilities. A Grantee must update such maps, plats and permanent records annually if changes have been made in the System. Consistent with applicable state law, Grantee may identify such maps, plats or other records as "confidential trade secret," and City shall comply with all state laws regarding the protection and dissemination of such materials. e. If the City alters, or changes the grade or location of any Right-of-Way, alley or other public way, a Grantee shall, at its own expense, upon reasonable notice by City, remove and relocate poles, wires, cables, conduits, manholes and other System fixtures, and in each instance comply with the standards and specifications of City. If RJV-25720Ivl SH255-1 4