§ 2. Authority To Use Right-Of-Way  


Latest version.
  • A. Grant. This franchise ordinance hereby grants to Franchisee the right, privilege and authority to construct, operate, and maintain Facilities in, through and along the City's Right-of-Way, as shown in Attachment A, for the purposes, and pursuant to the terms and conditions, herein set forth. This grant limits, but does not require, Franchisee to service those customers shown in Attachment B. Any changes in Attachment A or B must be made by amendment to this Franchise as provided herein. Any service contract or rate schedule applied by Franchisee to customers shall not preclude a customer from discontinuing its receipt of treated wastewater from Franchisee and receiving such service from any other person authorized to provide such service, all without penalty or surcharge to the customer.

    B. Nature of Grant. The grant under this Franchise shall not convey title, equitable or legal, in the Right-of-Way, and gives only the right to occupy Right-of-Way, for the purposes and for the period stated in this Franchise. The Franchise gives no right of access or use to facilities of a third party. Nothing in this Franchise shall be interpreted as granting Franchisee the ability to construct, maintain or operate any facility or related appurtenance on property owned by the City outside of the Public Right-of-Way.

    C. Franchise Non-Exclusive. This Franchise shall be nonexclusive. The City specifically reserves the right to grant to any other person, including itself, and at any time, franchises, permits, or other rights to use the Right-of-Way for any purpose and to serve any customers, including customers of Franchisee, as it deems appropriate, subject to applicable federal and State law.