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Ordinance 621
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Ordinance 621
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6/4/2007 2:43:55 PM
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2/2/2007 3:23:53 PM
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<br />, <br /> <br /> <br />. <br /> <br />- <br /> <br />. <br /> <br />y. <br /> <br />"Standard Installation" means any residential installation which can be <br />completed using a Drop of 250 feet or less. <br /> <br />z. <br /> <br />"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 /> <br />SECTION 2. <br /> <br />, . <br /> <br />GRANT OF AUTHORITY AND GENERAL PROVISIONS <br /> <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. <br /> <br />2. Grant of N onexc1usi ve Authority. <br /> <br />a. <br /> <br />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 /> <br />b. Notwithstanding the above grant to use Rights-of-Way, no Right-of-Way <br />shall be used by Grantee if City determines that such use is inconsistent <br />with the terms, conditions, or provisions by which such Right-of-Way was <br />created or dedicated, or with the present use of the Right-of-Way. <br /> <br />c. This Franchise shall be nonexclusive, and City reserves the .right to grant <br />a franchise to any Person at any time during the period of this Franchise for <br />the provision of Cable Service. The terms and conditions of any such <br />franchise shall be, when taken as a whole, no less burdensome or more <br />beneficial than those imposed upon Grantee pursuant to this Franchise. <br /> <br />3. <br /> <br />Lease or Assignment Prohibited. No Person may lease Grantee's System for the <br />purpose of providing Service until and unless such Person shall have fIrst obtained <br />and shall currently hold a valid Franchise or other lawful authorization containing <br />substantially similar burdens and obligations to this Franchise. Any assignment of <br /> <br />5 <br />
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