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Ordinance 937
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Ordinance 937
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Last modified
1/28/2025 2:23:00 PM
Creation date
6/6/2018 3:16:34 PM
Metadata
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Template:
MV Commission Documents
Commission Name
City Council
Commission Doc Type
Ordinances
MEETINGDATE
10/9/2017
Commission Doc Number (Ord & Res)
937
Supplemental fields
City Council Document Type
Ordinances
Date
10/9/2017
Resolution/Ordinance Number
937
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C. No rights shall pass to Grantee by implication. Without limiting the <br />foregoing, by way of example and not limitation, this Franchise shall not include or be a <br />substitute for: <br />i. Any other permit or authorization required for the privilege of transacting <br />and carrying on a business within the City that may be required by the <br />ordinances and laws of the City; <br />ii. Any permit, agreement, or authorization required by the City for Right -of - <br />Way users in connection with operations on or in Rights -of -Way or public <br />property including, by way of example and not limitation, street cut permits; <br />or <br />Any permits or agreements for occupying any other property of the City or <br />private entities to which access is not specifically granted by this Franchise <br />including, without limitation, permits and agreements for placing devices <br />on poles, in conduits or in or on other structures. <br />f. This Franchise is intended to convey limited rights and interests only as to <br />those Rights -of -Way in which the City has an actual interest. It is not a warranty of title or <br />interest in any Right -of -Way; it does not provide the Grantee with any interest in any <br />particular location within the Right -of -Way; and it does not confer rights other than as <br />expressly provided in the grant hereof. <br />g. This Franchise does not authorize or prohibit Grantee to provide <br />telecommunications service or other services, or to construct, operate or maintain <br />telecommunications facilities. This Franchise is not a bar to imposition of any lawful <br />conditions on Grantee with respect to telecommunications, whether similar, different or the <br />same as the conditions specified herein. This Franchise does not relieve Grantee of any <br />obligation it may have to obtain from the City an authorization to provide <br />telecommunications services or other services, or to construct, operate or maintain <br />telecommunications facilities, or relieve Grantee of its obligation to comply with any such <br />authorizations that may be lawfully required. <br />2. Grant of Nonexclusive Authority. <br />The City reserves the right to grant additional franchises or similar authorizations to <br />provide video programming services via Cable Systems or similar wireline systems located in the <br />public Rights -of -Way. It is not the City's intent to treat competitors in a discriminatory manner <br />and to advantage one competitor over another by regulation. If the City grants such an additional <br />franchise or similar authorization to use the public rights of way to provide such services and <br />Grantee believes the City has done so on terms materially more favorable than the Material <br />Obligations (defined below) under this Franchise, then the provisions of this paragraph will apply. <br />As part of the Grantee's franchise, the City has agreed upon the following terms as a <br />condition of granting the franchise which terms may place the Grantee at a significant competitive <br />6 <br />
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