(A) Franchise nonexclusive. Any franchise granted hereunder by the city shall not be exclusive and the city reserves the right to grant a similar franchise to any qualified person at any time.
(B) Privileges must be specified. No privilege of exemption shall be inferred from the granting of any franchise, unless it is specifically prescribed.
(C) Authority granted. Any franchise granted hereunder shall give to the grantee the right and privilege to construct, erect, operate, modify and maintain, in, upon, along, above, over and under streets and public ways, as defined in § 120.002 herein, which have been or may hereafter be dedicated and open to public use in the city, towers, antennas, poles, cables, electronic equipment and other network appurtenances necessary for the operation of a cable system in the city, subject to the requirements of this chapter.
(D) Subject to other regulatory agencies rules and regulations. The grantee shall at all times during the life of any franchise granted hereunder be subject to all generally applicable ordinances promulgated pursuant to the lawful exercise of the police power by the grantor.
(E) Pole use agreements required. Any franchise granted hereunder shall not relieve the grantee of any obligation involved in obtaining pole or conduit-use agreements from the gas, electric and the telephone companies or others maintaining poles or conduits in the streets of the city.
(F) Chapter revisions. Any franchises granted under this chapter are made subject to the lawful revisions of this chapter and the city code of ordinances of the grantor, provided that the revisions do not materially alter or impair the rights or the obligations of grantee set forth in any franchise agreement and are mutually agreed to by the grantor and grantees.
(Ord. 2314, passed 1-25-2006)