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(a) A franchise granted by the city under the provisions of this chapter shall encompass the following purposes: the right to erect, construct, install, operate, upgrade, repair, reconstruct, rebuild, replace and maintain a cable system in, over, under, along and across the public streets and rights-of-ways in the city, including the placement of such lines, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments and other property and equipment as are reasonably necessary, required and/or appropriate for the operation of the cable system. A franchise does not expressly or implicitly authorize the franchisee to provide service to, or install cables, wires, lines, underground conduit or any other equipment or facilities upon private property without owner consent (except for use of compatible easements pursuant to § 621 of the Cable Act, 47 U.S.C. § 541), or to use privately owned conduits without a separate agreement with the owners.
(b) Any franchise and all rights granted pursuant to this chapter are non-exclusive, and will not expressly or implicitly preclude the issuance of other franchises to operate a cable system within the city, or affect the city’s right to use the streets or to authorize use of the streets to other persons as it determines appropriate.
(c) Any privilege claimed under any franchise by a franchisee in any street shall be subordinate to the city’s use thereof.
(d) Once a franchise agreement has been accepted and executed by the city and a franchisee, such franchise agreement shall constitute a contract between the franchisee and the city, and the terms, conditions and provisions of such franchise agreement, together with this chapter and all other law, shall define the rights and obligations of the franchisee and the city relating to the franchise.
(e) No privilege or exemption shall be conferred or granted by any franchise granted under this chapter except those specifically prescribed herein and/or in the franchise agreement.
(f) No franchise shall authorize the use of any public property other than public streets and public utility easements owned by the city, unless the franchise agreement or subsequent resolution of the Council expressly authorizes use of such public property.
(g) The term of a franchise shall commence on the effective date and shall continue for that period established in the franchise agreement.
(h) A franchise granted hereunder or pursuant to a preceding ordinance may be renewed by the franchisee pursuant to § 808.25 or the provisions of applicable state and federal law.
(Ord. 97-2, passed 1-9-1997)