Ordinance 2608-02 - Laserfiche WebLink

10. "Franchise" means an ordinance adopted by the City pursuant to Article XIII of the City's Charter that authorizes a person or entity to construct, operate, maintain or reconstruct a Cable System. Upon the written acceptance by a Franchisee, the Franchise also constitutes a contract between the City and the Franchisee. 11. "Franchise Area" means the area within the jurisdictional boundaries of the City to be served by a Franchisee, including any areas annexed by the City during the term of a Franchise. 12. "Franchisee" means the person, firm, corporation or entity to whom or which a Franchise, as hereinabove defined, is granted by the City Council under this Chapter and the lawful successor,transferee or assignee of said person, firm, corporation or entity. 13. "Right-of-Way" or "Rights-of-Way" means each of the following which have been dedicated to the public or are hereafter dedicated to the public and maintained under public authority or by others and are located within the City: streets, roadways, highways, avenues, lanes, alleys,bridges, sidewalks, easements and similar public property and areas. 14. "Subscriber" means any person who or which elects to subscribe to, for any purpose, Cable Service provided by a Franchisee by means of or in connection with the Cable System and whose premises are physically wired and lawfully activated to receive Cable Service from Franchisee's Cable System. Section 4. Franchise Grant. It is unlawful to engage in or commence construction, operation, or maintenance of a Cable System in the City without a Franchise issued under this Chapter. The City Council may, by ordinance, issue a nonexclusive Franchise to construct, operate and maintain a Cable System within all or any portion of the City to any person or entity, whether operating under an existing franchise or not, who applies for authority to furnish Cable Service which complies with the terms and conditions of this Chapter, and provided that such person or entity also agrees to comply with all of the provisions of the Customer Service Standards and the Franchise. However, this shall not be deemed to require the grant of a Franchise to any particular person or entity or to prohibit the City Council from restricting the number of Franchisees should it determine such a restriction would be in the public interest. Section 5. Franchise Purposes. A Franchise granted by the City under the provisions of this Chapter shall: A. Permit the Franchisee to engage in the business of operating a Cable System and providing Cable Service within the City; B. Permit the Franchisee to erect, install, construct,repair, rebuild, reconstruct,replace, maintain and retain cable lines, related electronic equipment, supporting structures, appurtenances and other property in connection with the operation of the Cable System in, on, over, under, upon, along and across Rights-of-Way within the City; Page 3 of 11