2002-011 Council Ordinances (2) - Laserfiche WebLink

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shall be deemed to be a representation or guarantee by the City that its interest or other right to control or use such property is sufficient to permit its use for the purpose of installing, operating and maintaining the System, I -Net or DFOI. 1.2.32 "Right -of -Way Ordinance" means any ordinance of the City codifying requirements regarding regulation, management and use of Rights -of -Way in the City, including registration, fees, and permitting requirements. 1.2.33 "Standard Installation" means any residential Installation which can be completed using a Drop of 150 feet or less. 1.2.34 "State" means the State of Minnesota, its agencies and departments. 1.2.35 "Subscriber" means any Person that lawfully receives service via the System with the Grantee's express permission. In the case of multiple office buildings or multiple dwelling units, the term "Subscriber" means the lessee, tenant or occupant. 1.2.36 "System Upgrade" means the improvement or enhancement in the technology or service capabilities made by the Grantee to the System as more fully described in Section 4. SECTION 2. GRANT OF AUTHORITY AND GENERAL PROVISIONS 2.1 Grant of Franchise. This Franchise is granted pursuant to the terms and conditions contained herein and in applicable law. The Grantee, the City and the Commission shall comply with all provisions of this Franchise and applicable law, regulations and codes. Failure of the Grantee to construct, operate and maintain a System as described in this Franchise, or to meet obligations and comply with all provisions herein, may be deemed a violation of this Franchise. 2.2 Grant of Nonexclusive Authority. Subject to the terms of this Franchise, the City hereby grants the Grantee the right to own, construct, operate and maintain a System in, along, among, upon, across, above, over, or under the Rights -of -Way. The grant of authority set forth in this Franchise applies only to the Grantee's provision of Cable Service; provided, however, that nothing herein shall limit the Grantee's ability to use the System for other purposes not inconsistent with applicable law or with the provision of Cable Service; and provided further, that any local, State and federal authorizations necessary for the Grantee's use of the System for other purposes are obtained by the Grantee. This Franchise does not confer any rights other than as expressly provided herein, or as provided by federal, State or local law. No privilege or power of eminent domain is bestowed by this Franchise or grant. The System constructed On the Effective Date of this Franchise, the Grantee shall deliver to the Commission an 7