A. Authority For Use Of Streets:
1. For the purpose of constructing, operating, and maintaining a system in the city, an operator may erect, install, construct, repair, replace, relocate, reconstruct and retain in, on, over, under, upon, across and along the streets within the city such lines, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary and appurtenant to the operation of the system, provided that all applicable permits are applied for and granted, all fees paid and all other city codes and ordinances are otherwise complied with.
2. Prior to any construction, reconstruction, or rebuild of the system, the operator shall, in each case, file plans with the city and receive written approval of such plans.
3. The operator shall submit to the city all requests for the construction of new poles and/or new underground cable construction, and their proposed locations. Approval of the new location of new poles and/or new underground cable construction shall be granted by the city after such locations have been approved by the appropriate city authority. This provision shall not apply to existing poles or to underground cable construction which utilizes existing municipal or utility easements.
4. The operator shall construct and maintain the system so as not to interfere with other uses of streets. Absent specific approval from the city to do otherwise, the operator shall make use of existing poles and other facilities available to the operator. The operator shall individually notify in writing all residents whose property or property access shall be directly affected by proposed underground work not less than forty eight (48) hours prior to commencement of that work. Such notice shall include the operator's telephone number and the responsible employee of the operator.
5. Notwithstanding the above grant to use the streets, no street shall be used by the operator if the city's public works director, in the city's sole opinion, determines that such use is inconsistent with the terms, conditions or provisions by which such street was created or dedicated, or presently used. In addition, the city's public works director may designate a reasonable alternate location or route in a street to be used by the operator so as not to interfere with existing or future utilities in the street.
B. Nature Of Chapter: This chapter and any franchise granted hereunder shall authorize an operator to provide only cable services on the system. This chapter and any franchise granted hereunder do not authorize an operator to provide any noncable services (including telecommunications or other voice or data information) on the system, provided, however, that an operator may provide such noncable services on the system in accordance with Minnesota statutes 1996, sections 237.162 - 237.163.
C. City's Rights Reserved: The city expressly reserves the following rights which shall not be deemed to be waived or aberrated by this chapter: 1) to exercise its governmental powers, now or hereafter, to the full extent that such powers may be vested in or granted to the city; 2) to adopt, in addition to the provisions contained in this chapter, or any existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of its police power; and 3) to modify this chapter upon mutual agreement of the city and operator so as to require additional or greater standards of construction, operation, maintenance or otherwise, on the part of operator to reflect technical, economic or jurisdictional changes occurring during the franchise term and to enable the city and the operator to take advantage of new developments in the cable television industry so as to more effectively, efficiently and economically serve the public.
D. Use Of The Operator Facilities: The city shall have the right to install and maintain, free of charge, upon the poles and within the underground pipes and conduits of the operator, any wires and fixtures desired by the city of noncompetitive services to the extent that such installation and maintenance does not interfere with existing and future operations of the operator. City shall indemnify and hold harmless operator for any losses or causes of action resulting from city's negligent use of operator's facilities. (Ord. 99-2, 4-5-1999, eff. 4-19-1999)