§ 113.04 GRANT OF NON-EXCLUSIVE AUTHORITY
   (A)   Any franchise granted pursuant to this chapter shall confer to the grantee the right and privilege to construct, erect, operate, and maintain in, upon, along, across, above, over, and under the roads now laid out or dedicated and all extensions thereof, and additions thereto within the territorial limits of the city poles, wires, cables, underground conduits, manholes, and other television conductors and fixtures necessary for the maintenance and operation within the territorial limits of the city of a cable television system for the origination, interception and distribution of cable service and non-cable service.
   (B)   The right to use and occupy said roads for the purposes herein set forth shall not be exclusive, and the City Council reserves the right to grant a similar use of said roads to any party at any time during the period of the franchise.
   (C)   Upon the annexation of any territory to the city, the right and franchise hereby granted shall extend to the territory so annexed to the extent the government has authority and all facilities owned, maintained or operated by the grantee located within, under and over streets and roads of the territory shall hereafter be subject to all terms hereof.
   (D)   Nothing in this chapter shall (i) abrogate the right of grantee to perform any public works or public improvements of any description; (ii) be construed as a waiver of any codes or ordinances of the government or of the government's right to require grantee or any person utilizing the cable system to secure the appropriate permits or authorizations for such use, or (iii) be construed as a waiver or release of the rights of the government in and to the rights-of-way.
(Ord. 1999-13, passed 11-8-99)