§ 11. Conditions.  

Latest version.
  • (a)

    This franchise shall be nonexclusive.


    No privilege or exemption is hereby granted or conferred by this franchise except those specifically prescribed herein.


    Any privilege claimed under this franchise by the Grantee in any street right-of-way or other public property shall be subordinate to any prior lawful occupancy of the streets or other public property.


    Time shall be of the essence for this franchise granted hereunder. The Grantee shall not be relieved of its obligation to comply promptly with any of the provisions of this ordinance or by any failure of the City to enforce prompt compliance.


    Any right or power in, or duty impressed upon, any officer, employee, department or board of the City shall be subject to transfer by the City to any other officer, employee, department or board of the City.


    The Grantee shall have no recourse whatsoever against the City for any loss, cost, expense or damage arising out of any provision or requirement of this ordinance, except to the extent such is caused by the negligence of the City or its agents.


    Except as otherwise provided herein, the Grantee shall be subject to all applicable requirements of City ordinance, rules, regulations and specifications heretofore or hereafter enacted or established.


    This franchise does not relieve the Grantee of any obligation involved in obtaining pole space from any department of the City, utility company or from others maintaining poles in streets.


    This franchise shall be in lieu of any and all other rights, privileges, powers, immunities and authorities owned, possessed, controlled or exercisable by Grantee, or any successor to any interest of Grantee, of or pertaining to the construction, operation or maintenance of any system in the City; and the acceptance hereof shall operate, as between Grantee and the City, as an abandonment of any and all of such rights, privileges, powers, immunities and authorities within the City, to the effect that, as between Grantee and the City, any and all construction, operation and maintenance by Grantee of its system in the City shall be, and shall be deemed and construed in all instances and respects to be, under and pursuant to said franchise, and not under or pursuant to any other right, privilege, power, immunity or authority whatsoever.


    Once service is established, the Grantee shall be required to provide continuous service to each customer in return for payment of the established fee. If the Grantee overbuilds, rebuilds, modifies or sells the system, or the City revokes or fails to renew this franchise, or the City elects to acquire the system, the Grantee is required as part of this franchise to continue to operate the system providing all service at existing levels until an orderly change of operation is effectuated. In the event the Grantee fails to operate the system for five consecutive days without prior approval of the City, or willfully withholds service for any reason without just cause, the City or its agent shall have the right to operate the system until such time as a new operator is selected. If the City is required to fulfill this obligation for the Grantee, Grantee shall reimburse the City for any costs or damages which are the result of Grantee's failure to perform.


    Grantee shall diligently proceed to extend service into newly annexed areas of the City when the population density reaches 20 homes per mile of cable. This requirement may be waived by the City upon written request and good cause shown.