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ORD 05-002
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ORD 05-002
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12/3/2007 3:37:21 PM
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9/8/2005 8:37:12 AM
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City Government
type
ORD
date
1/3/2005
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<br />. <br /> <br />. <br /> <br />. <br /> <br />promises in this contract. In the event of any conflict between the provisions of <br />this Franchise and the Cable Ordinance, the provisions of this Franchise shall <br />govern. <br />c. This Franchise shall be nonexclusive and City may grant additional <br />Franchises at any time. The City will not grant an additional Franchise on terms <br />and conditions more favorable or less burdensome than those in this Franchise. <br />The City may impose additional terms and conditions in any additional <br />Franchise. <br /> <br />d. In the event the City grants an additional Franchise that a Grantee <br />believes is more favorable or less burdensome than in this Franchise, the <br />Grantee shall have a right to petition for Franchise amendments to relieve the <br />Grantee of provisions making its Franchise less favorable or more burdensome. <br />The Grantee shall file a petition that: <br /> <br />1. Identifies the competitor(s); <br />2. Identifies the basis for Grantee's belief that certain <br />provisions of the additional Franchise are more favorable or <br />less burdensome than its existing Franchise; <br />3. Identifies the Franchise provisions to be amended. <br /> <br />The City shall not unreasonably deny such a petition. <br /> <br />e. Grantee acknowledges the City's right to issue this Franchise. Upon <br />acceptance of this Franchise by Grantee as required by Section 8 herein, this <br />Franchise shall supercede and replace any previous ordinance or other <br />authorization granting a Franchise to Grantee, and all rights, obligations and <br />claims under any previous Franchise are extinguished, except that the Grantee's <br />obligation to indemnify the City against claims that arose during the term of the <br />previous Franchise shall continue in full force and effect. <br /> <br />Section 2.2 Franchise Term. <br /> <br />This Franchise will be in effect for a period of fifteen (15) years from the date of <br />acceptance by the Grantee, unless sooner renewed or revoked. <br /> <br />Section 2.3 Service Area. <br /> <br />a. This Franchise is granted for the corporate boundaries of the City, <br />as it exists from time to time, subject to the density requirement of Section 2.3.b <br />below. The City will notify the Grantee in writing in the event the City annexes <br />any areas that the Grantee will be required to serve. <br /> <br />b. The Grantee will extend its System and offer Cable Service, within <br />a reasonable time, after a request for Service, to areas with a density of at least <br />nine (9) residential units per one-quarter (1/4) cable mile of System, as <br /> <br />RJV-257202vl <br />SH255-1 <br /> <br />3 <br /> <br />G <br /> <br />
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