Laserfiche WebLink
Section 4.2 Use of Rights -of -Way <br />a. Use of Rights -of -Way to operate a Cable System and provide Cable Service must not be <br />inconsistent with the terms and conditions by which such Rights -of -Way were created or dedicated. <br />Use of Rights -of -Way is subject to all generally applicable legal requirements including any Right -of - <br />Way Ordinance enacted by the City and Section 5 herein. <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 />Section 4.3 Tree Trimming <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 such <br />trees from coming in contact with wires and cables of a System. <br />Section 4.4 Franchise Term. <br />Franchises will be granted for a term established in the Franchise Agreement. No Franchise may be <br />granted for a period exceeding fifteen (15) years from the date of acceptance by Grantee. <br />Section 4.5 Regulation of Cable Service. <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 to <br />the lawful exercise of the City's police power, ordinance -making authority, and power of eminent <br />domain. <br />Section 4.6 Initial Franchise Applications. <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 />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 Franchise <br />Fee. <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 />d. A public hearing concerning applications will be held prior to rejection or acceptance of <br />applications, and award of any initial Franchises. <br />RJV-247390v5 <br />SH255-1 <br />