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CC PACKET 11242015
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CC PACKET 11242015
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11/30/2015 9:19:46 AM
Creation date
11/30/2015 9:17:10 AM
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City Council
Meeting Date
11/24/2015
Meeting Type
Regular
Document Type
Council Agenda/Packets
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telecommunications, whether similar, different or the same as the conditions <br />specified herein. This Franchise does not relieve Grantee of any obligation it may <br />have to obtain from the City an authorization to provide telecommunications <br />services, or to construct, operate or maintain telecommunications facilities, or <br />relieve Grantee of its obligation to comply with any such authorizations that may <br />be lawfully required. <br /> <br />2. Grant of Nonexclusive Authority. <br /> <br />a. The Grantee shall have the right and privilege, subject to the permitting and other <br />lawful requirements of City ordinance, rule or procedure, to construct, erect, and <br />maintain, in, upon, along, across, above, over and under the Rights-of-Way in <br />City a Cable System and shall have the right and privilege to provide Cable <br />Service. The System constructed and maintained by Grantee or its agents shall <br />not interfere with other uses of the Rights-of-Way. Grantee shall make use of <br />existing poles and other above and below facilities available to Grantee to the <br />extent it is technically and economically feasible to do so. <br /> <br />b. Notwithstanding the above grant to use Rights-of-Way, no Right-of-Way shall be <br />used by Grantee if City determines that such use is inconsistent with the terms, <br />conditions, or provisions by which such Right-of-Way was created or dedicated, <br />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 a <br />franchise to any Person at any time during the period of this Franchise for the <br />provision of Cable Service. The terms and conditions of any such franchise shall <br />be, when taken as a whole, no less burdensome or more beneficial than those <br />imposed upon Grantee pursuant to this Franchise. <br /> <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 and shall <br />currently hold a valid Franchise or other lawful authorization containing substantially similar <br />burdens and obligations to this Franchise. Any assignment of rights under this Franchise shall be <br />subject to and in accordance with the requirements of Section 10, Paragraph 5. <br /> <br />4. Franchise Term. This Franchise shall be in effect for a period of five (5) years <br />from the date of acceptance by Grantee, unless sooner renewed, revoked or terminated as herein <br />provided. <br /> <br />5. Compliance with Applicable Laws, Resolutions and Ordinances. <br /> <br />a. The terms of this Franchise shall define the contractual rights and obligations of <br />Grantee with respect to the provision of Cable Service and operation of the <br />System in City. However, the Grantee shall at all times during the term of this <br />Franchise be subject to all lawful exercise of the police power, statutory rights, <br />local ordinance-making authority, and eminent domain rights of City. Except as <br />31
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