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03-25-1998 Additions
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03-25-1998 Additions
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9/7/2012 7:58:08 AM
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control of City, including other dedicated Rights -of -Way for travel <br />purposes and utility easements. <br />wjx. "Right-of-W.y Ordinance "means Chapter _ of the City Code creating <br />requirements regarding regulation, management and use of Rights -of -Way <br />in City, including registration and permitting requirements.' <br />y. "Standard Installation" means any residential installation which can be <br />completed using a Drop of 250 feet or less. <br />z. "Subscriber" means any Person who lawfully receives service via the <br />System. In the case of multiple office buildings or multiple dwelling units, <br />the "Subscriber" means the lessee, tenant or occupant. <br />SECTION 2. <br />GRANT OF AUTHORITY AND GENERAL PROVISIONS <br />1. Grant of Franchise. This Franchise is granted pursuant to the terms and conditions <br />contained herein. Grantee shall comply with all provisions of its Proposal, which <br />is expressly incorporated herein by reference. Failure of Grantee to provide a <br />System as described in its Proposal, or meet obligations and comply with all <br />provisions therein, shall be deemed a violation of this Franchise.2 <br />2. Grant of Nonexclusive Authority. <br />a. The Grantee shall have the right and privilege, subject to the permitting and <br />other lawful requirements of City ordinance, rule or procedure, to <br />construct, erect, and maintain, in, upon, along, across, above, over and <br />under the Rights -of -Way in City a Cable System and shall have the right <br />and privilege to provide Cable Service. The System constructed and <br />maintained by Grantee or its agents shall not interfere with other uses of the <br />Rights -of -Way. Grantee shall make use of existing poles and other above <br />and below facilities available to Grantee to the extent it is technically and <br />economically feasible to do so. <br />2 This language is from the Vose proposal. See Section 2.5 re: relationship of ROW <br />Ord. to Franchise. Gibbs to provide a responsive language proposal. <br />Page 21 <br />
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