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Agenda Packets - 1998/05/04
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Agenda Packets - 1998/05/04
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Last modified
1/28/2025 4:47:46 PM
Creation date
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Metadata
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MV Commission Documents
Commission Name
City Council
Commission Doc Type
Agenda Packets
MEETINGDATE
5/4/1998
Supplemental fields
City Council Document Type
City Council Packets
Date
5/4/1998
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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. <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 /> 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 /> c. This Franchise shall be nonexclusive, and City reserves the right to grant <br /> a use of said Rights-of-Way to any Person at any time during the period of <br /> this Franchise for the provision of Cable Service. The terms and conditions <br /> of any such grant of use of the Rights-of-Way shall be, when taken as a <br /> whole and taking into account the planned usage of the Rights-of-Way, no <br /> less burdensome or more beneficial than those imposed upon Grantee <br /> pursuant to this Franchise. <br /> 3. 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 /> 5 <br />
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