Ordinance 2613-02 - Laserfiche WebLink

SECTION 2. GRANT OF FRANCHISE 2.1 Grant (A) The City hereby grants to Grantee a nonexclusive authorization to make reasonable and lawful use of the Rights-of-Way within the City to construct, operate, maintain, reconstruct, rebuild and upgrade a Cable System for the purpose of providing Cable Service 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 all of the requirements set forth in this Franchise. (B) Nothing in this Franchise shall be deemed to waive the lawful requirements of any generally applicable City law existing as of the Effective Date. (C) Each and every term, provision or condition herein is subject to the provisions of State law, federal law, local law, including,but not limited to, the Charter of the City(for example, without limitation, Article 13.4 thereof), and any applicable ordinances and regulations enacted pursuant thereto (including, but not limited to, Ordinance No. 2608-02 and Ordinance 2609-02. The City reserves all of its rights contained in the City's Charter. The Grantee specifically agrees to comply with the provisions of Ordinance Nos. 2608-02 and 2609-02 as they may be lawfully amended. The Grantee reserves the right to challenge any provision of Ordinance Nos. 2608-02 and 2609-02 that conflict with its contractual rights hereunder, either now or in the future. In the event of a conflict between Ordinance Nos. 2608-02 and 2609-02 and this Franchise, the Franchise shall control; provided, however, that the Grantee agrees that it is always subject to the lawful exercise of the police power of the City. (D) This Franchise shall not be interpreted to prevent the City from imposing additional lawful conditions, including additional compensation conditions for use of the Rights-of-Way, should Grantee provide service other than Cable Service. (E) Grantee promises and guarantees, as a condition of exercising the privileges granted by this Franchise, that any Affiliate of the Grantee directly involved in the offering of Cable Service in the Franchise Area, or directly involved in the management or operation of the Cable System in the Franchise Area,will also comply with the terms and conditions of this Franchise. (F) No rights shall pass to Grantee by implication. Without limiting the foregoing, by way of example and not limitation,this Franchise shall not include or be a substitute for: (1) Any other permit or authorization required for the privilege of transacting and carrying on a business within the City that may be required by the ordinances and laws of the City; (2) Any permit, agreement, or authorization required by the City for Right-of- Way users in connection with operations on or in Rights-of-Way or public property including,by way of example and not limitation, street cut permits; or Page 12 of 58