Ordinance 2018-530 - Laserfiche WebLink

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- - facilities over, on, or under public streets in the City without a franchise granted by the City unless otherwise expressly authorized by law, and no person may be granted a franchise without having entered into a franchise agreement with the City pursuant to this chapter. C. Unless otherwise authorized by law, any franchise granted pursuant to this chapter is solely for the provision of cable service and shall not be construed to authorize the provision of telephone,noncable, video or other telecommunications service. However, any person including but not limited to a franchisee shall, unless otherwise prohibited by applicable law, submit a- . :: ' . - • the privilege of providing other telecommunications services including, but not limited to telephone service and/or noncable video programming services. A. A certificateholder shall. at all times. be subject to the lawful exercise of the City's police power and such reasonable regulations as the City franchise authority may subsequently promulgate thereunder. B. Subject to applicable law. except as may be specifically provided in this chapter or under the terms of an agreement and subject to the Communications Act. the failure of the City, upon one or more occasions. to exercise a right or to require compliance or performance under this chapter. applicable law. or a franchise agreement shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance C. Nothing in this chapter shall be deemed to in any way impair or affect the right of the City to acquire the property of the grantee or certificateholder. either by purchase or through the exercise of the right of eminent domain and nothing in this chapter shall be construed to constitute a waiver or bar to the exercise of any governmental right or power of the City. § 113-6. - Franchise characteristics. Use of Public Rights-of-Way. A. A franchise authorizes use of City streets for installing cables, wires, lines, optical fiber, underground conduit, ducts, conductors, amplifiers, vaults, and other facilities as necessary and conduit,or any other equipment or facilities upon,private property without owner consent(except for owners. B. A franchise is nonexclusive, and will not expressly or implicitly preclude the issuance of other C. The City reserves the right to reasonably designate where a franchisee's facilities are to be placed within the streets.