2015/07/15 Council Agenda Packet

141 C. 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 Telecommunications Service. D. 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 (3) Any permits or agreements for occupying any other property of the City or private entities to which access is not specifically granted by this Franchise including, without limitation, permits and agreements for placing devices on poles, in conduits or in or on other structures E. This Franchise is intended to convey limited rights and interests only as to those Rights - of -Way in which the City has an actual interest. It is not a warranty of title or interest in any Right -of -Way; it does not provide the Grantee with any interest in any particular location within the Right -of -Way; and it does not confer rights other than as expressly provided in the grant hereof. F. This Franchise does not authorize Grantee to provide Cable or Open Video System services. This Franchise is not a bar to imposition of any lawful conditions on Grantee with respect to Cable or Open Video System services, whether similar, different or the same as the conditions specified herein. This Franchise does not relieve Grantee of any obligation it may have to obtain fiom the City separate authorization to provide Cable or Open Video System services, or relieve Grantee of its obligation to comply with any such authorizations that may be lawfully required. G. Grantee may not, in a manner that relinquishes Grantee's day-to-day control over the maintenance and operation of the Facilities, lease, rent, transfer, convey, or sell Facilities in whole or in part unless the Person to whom the Facilities will be transferred has first been granted a franchise by the City. 3.2 Use of Rights -of -Way. A. Subject to the City's lawful supervision and control, Grantee may erect, install, construct, repair, replace, reconstruct, and retail in, on, over, under, upon, across, and along the Rights -of - Way within the City such Facilities as are necessary and appurtenant to the operation of Telecommunication Services within the City. B. Grantee must follow City requirements for placement of Telecornrnunications Facilities in Rights -of -Way, including the specific location of Facilities in the Rights -of -Way, and must in any event install Telecoininunication Facilities in a maruier that minimizes interference with the 7of30 20