Reso 99-134 - Laserfiche WebLink

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Section 2. Grant of franchise. A. Subject to the terms of this franchise agreement and Ordinance No. 99-~ the City hereby grants franchisee a franchise for the right and privilege to own construct, install, maintain and operate a cable television system within the franchise area. B. The cable system herein franchised shall be used and operated only for the purposes of providing cable television services unless and until franchisee obtains written authorization from the City Manager to provide other services, including but not limited to, telephone and non-cable video services, unless the City is otherwise prohibited by applicable law from the exercise of such authority. However, it is hereby agreed that Internet services (i.e. services provided via the utilization of Internet protocol) and data transmission services provided via the cable system shall be considered a cable service for the purpose of this agreement and subject to all terms and conditions herein, including but not limited to section 23, unless otherwise prohibited by applicable Federal, State or local law. C. Franchisee agrees that in no event shall it incorporate the length of time for which a franchise is granted by the City as a term or condition within any contract or other agreement to provide cable service to a subscriber(s) other than the City, Failure to comply with this subsection shall be considered a material breach of this agreement. Section 3. Term of franchise. This franchise shall be for a period of ten (10) years unless otherwise sooner terminated or otherwise extended in accordance with the terms of this franchise agreement. The franchise shall commence upon the date that franchise provides the City with the written acceptance required by section 36 hereof, which must occur within 30 calendar days from the date of the Commission resolution approving the grant of the franchise. This franchise agreement is subject to all other requirements and conditions set forth in this franchise agreement and in Ordinance No. 99-~, of the City for a grant of a franchise to become effective, except to the extent such requirements are modified or waived as expressly set forth herein. Section 4. Non-exclusive franchise. The franchisee's right to use and occupy the streets shall be non-exclusive, and the City reserves the right to grant a similar or other use of said streets, or any portions thereof, to any person, including the City, at any time during the term of this franchise agreement. - 3- Cable Franchi<. Agreemem \ &