Sec. 5-2. Grant of franchise.
(a) Grant.
(1) The Grantor hereby grants to the Grantee a nonexclusive and revocable authorization to make reasonable and lawful use of the streets within the franchise area to construct, operate, maintain, reconstruct, rebuild and upgrade a cable system for the purpose of providing cable services subject to the terms and conditions set forth in this franchise. This franchise shall constitute both a right and an obligation to provide the cable services required by, and to fulfill the obligations set forth in, the provisions of this franchise.
(2) This franchise is subject to the general police power of the Grantor. Nothing in this franchise shall be deemed to waive the requirements of the other codes and ordinances of general applicability enacted, or hereafter enacted, by the Grantor.
(b) Use of Public Streets and Ways. Subject to the Grantor’s supervision and control, the Grantee may erect, install, construct, repair, replace, reconstruct and retain in, on, over, under, upon, across and along the streets within the franchise area such wires, cables, conductors, ducts, conduit, vaults, manholes, amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary and appurtenant to the operation of a cable system for the provision of cable services within the franchise area. The Grantee shall comply with all generally applicable construction codes, laws, charter provisions, ordinances, regulations and procedures, now in effect or enacted hereafter, including those referred to in Subsection 5-10(a) of this Article.
(c) Duration. The term of this franchise and all rights, privileges, obligations and restrictions pertaining thereto shall be five (5) years from the effective date of this franchise, unless terminated sooner as hereinafter provided.
(d) Effective Date. The effective date of this franchise shall be February 22, 2016.
(e) Franchise Nonexclusive. This franchise shall be nonexclusive, and subject to all prior rights, interests, easements or licenses granted by the Grantor or its predecessors to any person to use any property, right-of-way, easement, right, interest or license for any purpose whatsoever, including the right of the Grantor to use the same for any purpose it deems fit, including the same or similar purposes allowed the Grantee hereunder. The Grantor may at any time grant authorization to use the streets for any purpose not incompatible with the Grantee’s authority under this franchise and for such additional franchises for cable systems as the Grantor deems appropriate; provided, however, that such additional grants shall not contain terms and conditions materially more favorable or less burdensome than those granted to the Grantee herein in the case of similar rights granted pursuant to this franchise.
(f) Police Powers.
(1) The Grantee’s rights hereunder are subject to the lawful police powers of the Grantor to adopt and enforce ordinances necessary to the safety, health and welfare of the public, and the Grantee agrees to comply with all generally applicable laws, charter provisions and ordinances enacted, or hereafter enacted, by the Grantor.
(2) The Grantor reserves the right to exercise its lawful police powers, notwithstanding anything in this franchise to the contrary, and any conflict between the provisions of this franchise and any other present or future lawful exercise of the Grantor’s police powers shall be resolved in favor of the latter.
(g) Franchise Area. The Grantee shall provide cable services, as authorized under this franchise, within the franchise area and the jurisdictional boundaries of the Grantor, including any areas annexed into the Grantor during the term of this franchise, in accordance with the line extension requirements as set forth in Subsection 5-12(e) of this Article, provided, the Grantee shall have the right, but not the obligation to offer cable services to annexed areas to which another cable operator is already providing service. (Ord. 731 §1, 2004; Ord. 1039 §2, 2010; Ord. 1053 §4, 2011; Ord. 1221 §5, 2016)