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Ordinance - #01-03 - 02/13/2001
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Ordinance - #01-03 - 02/13/2001
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Resolutions & Ordinances
Resolutions or Ordinances
Ordinances
Resolution or Ordinance Number
#01-03
Document Date
02/13/2001
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2.3 <br /> <br />2.4 <br /> <br />Grantee from the obligation to pay compensation or fees for the use of City <br />property, both real and personal, other than the Rights-of-Way; provided, however, <br />that such compensation or fees are required by City ordinance, regulation or policy <br />and are nondiscriminatory. <br /> <br />2.2.5 <br /> <br />Should any other multichannel video programming distributor ("MVPD") over <br />which the City has regulatory jurisdiction provide Cable Service in the current cable <br />service area, the City shall not grant more favorable terms, taken as a whole, to such <br />MVPD than are granted to the Grantee. In the event that another Person operates a <br />Cable System authorized by the City on terms and conditions that are, taken as a <br />whole, more favorable or less burdensome than the terms and conditions applicable <br />to the Grantee under this Franchise, the City shall adjust any such terms and <br />conditions in any other Person's authorization or this Franchise so that the terms <br />and conditions under which such Person operates, taken as a whole, are not more <br />favorable or less burdensome than those that are applied to the Grantee. <br /> <br />Lease or Assignment Prohibited. <br /> <br />No Person may lease Grantee's System for the purpose of providing Cable Service until <br />and unless such Person shall have first obtained and shall currently hold a valid Franchise <br />or other lawful authorization containing substantially similar burdens and obligations to <br />this Franchise, including, without limitation, a requirement on such Person to pay franchise <br />fees on such Person's use of the System to provide Cable Services, to the extent there <br />would be such a requirement under this Franchise if the Grantee itself were to use the <br />System to provide such Cable Service. Any assignment of rights under this Franchise shall <br />be subject to and in accordance with the requirements of this Franchise. <br /> <br />Franchise Term. <br /> <br />2.5 <br /> <br />This Franchise shall be in effect for a period of fifteen (15) years, such term commencing <br />on the Effective Date specified in this Franchise, unless sooner renewed, extended, revoked <br />or terminated as herein provided. <br /> <br />Previous Franchises. <br /> <br />As of the Effective Date, this Franchise shall supercede and replace any previous <br />Ordinance, as amended, of the City granting a Franchise to Grantee, including any <br />agreement(s) of the parties related thereto, except the Grantee shall continue to be bound <br />by any previously accrued but unfulfilled obligations under Ordinance No. 82-14 (the <br />"Prior Franchise") for which the Grantee had notice. The Grantee shall remain liable for <br />payments of all franchise fees and other amounts owed, and for all unfulfilled actions that <br />the Grantee was notified of and required to take under the Prior Franchise up to the <br />Effective Date of this Franchise. The grant of this Franchise shall have no effect on the <br />Grantee's duty under the Prior Franchise to indemnify or insure the City against acts and <br />omissions occurring during the period that the Prior Franchise was in effect. This <br /> <br />8 <br /> <br /> <br />
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