§ 14. Rights-of-way.

I.

All installations in rights-of-way shall be performed in accordance with the state department of transportation's Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways.

II.

Where the facilities and equipment to be installed will function with, or as a part of, the cable system over which the city has jurisdiction as franchising authority, the grantee shall give prior notice to the city clerk of the proposed installation.

III.

The following applies to a city right-of-way within the designated service area:

(a)

Applicability. The installation of any facilities or equipment in any right-of-way under city jurisdiction by which the grantee will serve subscribers in the city shall be approved by the city engineer. Prior to performing any work in city rights-of-way, a right-of-way utilization permit shall be obtained by the grantee. Grantee shall not be required to pay for any such permits so long as grantee is paying the franchise fee.

(b)

Cable coordinator/city engineer. The city engineer shall review the plans and specifications to determine whether the proposed installation meets city standards. Where a right-of-way not under the sole control and jurisdiction of the city is involved, the grantee shall forward the application (additional plans) to the appropriate governmental entity for approval.

(c)

Obligation. The grantee shall be responsible for obtaining all necessary governmental and private approvals. City personnel shall not be responsible for submitting information to the grantee to ensure that all such approvals are obtained.

(d)

Cable depth. Cable shall be a minimum of 30 inches deep in rights-of-way.

(e)

No establishment of rights. The issuance of a permit hereunder is nothing more than a city approval as to the authority under this ordinance, the installation, and the method of installation. Nothing in this ordinance shall be construed as conferring a right upon the grantee nor shall it be deemed a warranty of the grantee's right to effect the installation or utilize the easement. Nothing herein shall be construed as impairing the rights of third parties as against the grantee.