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08-249 Cable Franchise Agreement
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08-249 Cable Franchise Agreement
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5/19/2026 12:31:48 PM
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8/25/2022 1:43:14 PM
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12 <br />reimbursement is mandatory under Minn. Rules, Chapter 7819.3100. However, if the City <br />makes available funds for the cost of placing facilities underground, nothing herein shall <br />preclude the Grantee from participating in such funding to the extent consistent with the <br />City Code or Applicable Laws. If non-City funds, such as funds from residents or state or <br />federal grant funding, are made available to place electric or telephone lines underground, <br />nothing herein shall prohibit Grantee from participating in such funding. <br /> <br />(c) Grantee shall use conduit or its functional equivalent to the greatest extent possible <br />for undergrounding, except for Drops from pedestals to Subscribers’ homes and for cable <br />on other private property where the owner requests that conduit not be used. Cable and <br />conduit shall be utilized which meets the highest industry standards for electronic <br />performance and resistance to interference or damage from environmental factors. <br />Grantee shall use, in conjunction with other utility companies or providers, common <br />trenches for underground construction wherever available. <br /> <br />3.6 Maintenance and Restoration. <br /> <br />(a) Restoration. In case of disturbance of any Street, public way, paved area or public <br />improvement, Grantee shall, at its own cost and expense and in accordance with the <br />requirements of the City Code restore such Street, public way, paved area or public <br />improvement to substantially the same condition as existed before the work involving such <br />disturbance took place. All requirements of this section pertaining to public property shall <br />also apply to the restoration of private easements and other private property. Grantee shall <br />perform all restoration work within a reasonable time and with due regard to seasonal <br />working conditions. If Grantee fails, neglects or refuses to make restorations as required <br />under this section and any applicable City Code provision, then the City may do such work <br />or cause it to be done, and the cost thereof to the City shall be paid by Grantee. If Grantee <br />causes any damage to private property in the process of restoring facilities, Grantee shall <br />repair such damage. <br /> <br />(b) Maintenance. Grantee shall maintain all above ground improvements that it places <br />on City Streets pursuant to the City Code and any permit issued by the City. In order to <br />avoid interference with the City’s ability to maintain the Streets, Grantee shall provide <br />such clearance as is required by the City Code and any permit issued by the City. If <br />Grantee fails to comply with this provision, and by its failure, property is damaged, <br />Grantee shall be responsible for all damages caused thereby. <br /> <br />(c) Disputes. In any dispute over the adequacy of restoration or maintenance relative <br />to this section, final determination shall be the prerogative of the City, Department of <br />Public Works and consistent with the City Code and any permit issued by the City. <br /> <br />(d) Grantee will verify that prior to the end of 2021 it provided its technicians (whether <br />employees or independent contractors) with a training update on system maintenance <br />standards and practices, including those for identifying and reporting system issues. <br /> <br />3.7 Work on Private Property. Grantee, with the consent of property owners, shall have the <br />authority, pursuant to the City Code, to trim trees upon and overhanging Streets, alleys, sidewalks,
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