(a) Grant of Franchise. Subject to the terms and conditions stated herein, the City hereby grants to Company a non-exclusive and revocable franchise to construct, erect, operate and maintain for a period of fifteen (15) years, a Cable Television System for the reception, origination, amplification, distribution and sale of audio, video, digital and other forms of electronic signals in, upon, along, across, above, over or under the Streets and Rights-of-Way in the City, consisting of all poles, wires, cable, underground conduits, manholes and other conduits and fixtures necessary for the maintenance and operation in the City of a Cable Television System with all of the necessary and desirable appliances and appurtenances pertaining thereto. Without limiting the generality of the foregoing, this franchise and grant shall and does hereby include the right in, over, under and upon the Streets and Rights-of-Way in the City to install, erect and operate all lines and equipment necessary to a Cable Television System and the right to make connections to Subscribers and the right to repair, replace, enlarge and extend said lines, equipment and connections. The rights herein granted for the purposes herein set forth shall not be exclusive, and the City reserves the right to grant a similar use of said Streets and Rights-of- Way to any Person at any time during the period of this Franchise provided that the terms of such other franchise agreements shall not be more favorable or materially less burdensome than this Agreement.
(1) Notwithstanding this authority, Company shall obtain all necessary government permits, including City permits, for any disturbance of public places and rights-of-way under the jurisdiction of the City, including property over which the City has a sufficient easement or right of way, for the purpose of reception, transmission, amplification, origination, distribution or redistribution of video, audio, text, Data, and other electronic signals and impulses.
(2) If during the term of this Agreement federal law is amended or interpreted by the FCC or a court of competent jurisdiction, which decision is a final order not subject to further appeal to permit local franchise authorities to collect franchise fees on revenues for new or existing services not currently subject to franchise fees or included in the definitions of Gross Revenues, then the Company shall notify the City of its right to have franchise fees remitted on services not previously subject to franchise fees. If the City wants franchise fees on such services it will notify the Company and beginning sixty (60) days after notice from the City, the Company shall begin to collect franchise fees on revenues attributable to such services and revenues from such services going forward shall be considered a part of Gross Revenues. Revenues collected on such services prior to the effective date of the City’s notice shall not be subject to franchise fees. The Company shall notify the City at the time of such change in the federal law provided however that such failure to notify shall not be a material default under this Agreement and the City’s remedy shall be to collect franchise fees back to the date of the change of the law but in no event for more than one year.
(b) Exercise of Police Powers. All rights and privileges granted hereby are subject to the police powers of City to adopt and enforce local laws and ordinances, rules and regulations necessary to the health, safety and general welfare of the public. City shall not use its legislative powers to alter or amend the provisions of this article subsequent to its effective date in such a manner as to have a material adverse effect on the rights of Company herein or to pass ordinances that are only applicable to Company.
(Ord. 11-2005. Passed 2-15-05.)