Ordinance 1138-85 - Laserfiche WebLink

Franchisee. (aa ) "Tiered Service" means any group or groups of optional services including but not limited to distant retransmission and/or satellite services so designated and marketed by the Franchisee for additional charge (s) to Subscribers. Section 2. General Terms of Franchise. (a ) Authority to Grant Franchise or Licenses for Cable Communications: It shall be unlawful to engage in or commence construction, operation, or maintenance of a Cable Communications System in the City without a Fran- chise issued under this Ordinance. The Council may, by Ordinance, award a non-exclusive Franchise to construct, operate and maintain a Cable Communications System within all or any portion of the City to any person, whether operating under an existing Franchise or not, who makes application for authority to furnish a Cable Communica- tions System which complies with the terms and conditions of this Ordinance. Provided, that this section shall not be deemed to require the grant of a Franchise to any particular person or to prohibit the Council from restricting the number of Franchisees should it deter- mine such a restriction would be in the public interest. (b) Nonexclusive Franchise: Any Franchise granted pursuant to this Ordinance shall be nonexclusive and shall not preclude the City from granting other or further or future Franchises or permits or preclude the City from using any roads , rights-of-way, streets or other public properties or affect its jurisdiction over them or any part of them, or limit the full power of the City to make all necessary changes, as the City in its sole discretion shall decide, including the dedica- tion, establishment, maintenance and improvements of all new rights-of-way and thoroughfares and other public properties of any type. (c) Nature and Extent of the Grant: Any Franchise granted hereunder by the City shall authorize the Franchisee, subject to the provisions herein contained: (1 ) To engage in the business of operating and providing Cable Communications Service and the distribution and sale of such service to Subscribers within the City; (2) To erect, install, construct, repair, replace, reconstruct, maintain and retain in, on, over, under, upon, across and along any street, such amplifiers and appliances, attachments, supporting structures, and other property as may be necessary and appurtenant to the Cable Communications System; and, in addition, to so use, operate, and provide similar facilities, or properties rented or leased from other persons, firms or corporations, including but not limited to any public utility or other Franchisee authorized or permitted to do business in the City. (d) Incorporation by Reference. The provisions of this Ordinance shall be incorporated by reference in any Franchise agreement or license approved hereunder. (e ) Police Powers. In accepting any Franchise, the Franchisee acknowledges that its rights hereunder are subject to the police power of the City to adopt and enforce reasonable general ordinances necessary to the ORDINANCE - 3 5-21-85