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<br /> Section 4.2 Use of Rights-of-Way <br /> <br />a. Use of Rights-of-Way to operate a Cable System and provide Cable Service must not <br />be inconsistent with the terms and conditions by which such Rights-of-Way were created or <br />dedicated. Use of Rights-of-Way is subject to all generally applicable legal requirements including <br />any Right-of-Way Ordinance enacted by the City and Section 5 herein. <br /> <br />b. Upon written request, the City shall have the right to review, subject to the <br />confidentiality protections provided in Section 9.3 herein, Grantee’s System location maps at a <br />mutually agreed upon location. <br /> <br /> Section 4.3 Tree Trimming <br /> <br />Subject to applicable law, a Grantee is authorized to trim any trees upon and overhanging the <br />Rights-of-Way, alleys, sidewalks, or public easements of City so as to prevent the branches of <br />such trees from coming in contact with wires and cables of a System. <br /> <br />Section 4.4 Franchise Term. <br /> <br />Franchises will be granted for a term established in the Franchise Agreement. No Franchise may <br />be granted for a period exceeding fifteen (15) years from the date of acceptance by Grantee. <br /> <br /> Section 4.5 Regulation of Cable Service. <br /> <br />Any Franchise Agreement adopted pursuant to this Cable Ordinance will define the contractual <br />rights and obligations of the City and Grantee, provided however that a Grantee remains subject <br />to the lawful exercise of the City’s police power, ordinance-making authority, and power of <br />eminent domain. <br /> <br /> Section 4.6 Initial Franchise Applications. <br /> <br />a. Upon request or its own initiative, the City may initiate the cable Franchise application <br />process required by Minnesota Statutes Section 238.081. Any Person desiring an initial Franchise <br />must file an application with the City. <br /> <br />b. The City will establish an application fee in an amount to offset the costs of processing <br />applications and awarding an initial Franchise. Such application fees will not constitute a <br />Franchise Fee. <br /> <br />c. Upon receipt of an application for an initial Franchise, City staff will prepare a report <br />and recommendations to the City Council regarding the application(s). <br /> <br />d. A public hearing concerning applications will be held prior to rejection or acceptance <br />of applications, and award of any initial Franchises. <br /> <br />RJV-247390v5 <br />4 <br />SH255-1 <br /> <br />