2007-09-26 CC Packet - Laserfiche WebLink

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DRAFT Grantee to construct, operate and maintain a System as described in this Franchise, or to mcct obligations and comply with all provisions hcrein, may be deemed a violation of this Franchise. 2.2 Grant of Nonexclusive Authoritv. 2.2.1 Subjeclto the terms of this Franchise, the City hereby grams the Grantee the right to own~ construct, operate and maintain a System in, along. among, upon, across, above. over, or under the Rights-ol~ Way. 'rhc grant of authority set forth in this Franchise applies only to the Gramee's provision of Cable Scrvice; provided. however, that nothing herein shall limit the Grantee's ability to use the System for other purposes not inconsistent with applicable law or with the provision of Cable Ser,'jce; and provided further, that any local, State and federal authorizations necessary lor the Grantce's use of the System Jor other purposes arc obtained by the Grantee. This Franchise does not con fer any rights other than as expressly provided herein, or as provided by federal, State or local law. No privilege or power of eminent domain is bestowcd by this Franchise or grant. The System eonstructcd and maintained by Grantee or its agents pursuant to this Franchise shall not imerfere with other uses of the Rights-of~ Way. The Grantee shall make use of existing poles and other aerial and underground facilities available to the Grantee to the extent it is technically and ceonomically feasible to do so. 2.2.2 Notwithstanding the above grant to use Rights-of~Way, no Rjght-ol~Way shall be used by the Grantee if the City determines that such use is inconsistent with the terms, conditions, or provisions by which such Right-ot~ Way was created or dedicated, or with the present use ofthe Right-of~ Way. 2.2.3 This Franchise and the right it grants to use and occupy thc Rights-of~ Way shall not be exclusive and this Franchise does not, explicitly or implicitly, preclude the issuanc,e of other lranchises or similar authorizations to operate Cable Systems within the City. 2.2.4 This Franchise authorizes only the use of Rights-of"Way for the provision of Cable Service. Therefore, the grant of this Franchise and the payment of franchise fees hereunder shall not exempt the Grantee from the ohligation to pay compensation or fees for the use of City property, both real and personal, other than the Rights-of- Way: provided, however, that such compensation or fees are required by City ordinance, regulation or policy and are nondiscriminatory, 8 ~4