15.95.100 Nature of franchise.
(1) Scope. A franchise granted pursuant to this chapter shall authorize and permit a franchisee to construct, operate, maintain and repair a cable communications system, or an OVS (as applicable) to provide cable service in the City, and for that purpose to erect, install, construct, repair, replace, reconstruct, or maintain facilities appurtenant to such system in, on, over, under, upon, across, and along the public rights-of-way, and along such other public property that the City may authorize a franchisee to use.
(2) Nothing Passes by Implication. A franchise shall not convey rights other than as specified in this chapter, or in a franchise agreement; no rights shall pass by implication.
(3) Franchise Not in Lieu of Other Authorizations. A franchise shall not include, or be a substitute for:
(a) Compliance with requirements for the privilege of transacting and carrying on a business within the City, including, but not limited to, complying with the conditions the City may establish before constructing facilities for, or providing, noncable services.
(b) Any permit, agreement or authorization required in connection with operations on or in public rights-of-way or public property, including by way of example and not limitation, encroachment permits for street construction.
(c) Any permits or agreements for occupying any other property of the City or private entities to which access is not specifically granted by the franchise.
(4) Franchisee Must Comply with Other Laws. A franchise does not relieve a franchisee of its duty to comply with all the City ordinances and regulations, and every franchisee must comply with the same. Likewise, the rights granted under a franchise are subject to the exercise of police and other powers the City now has or may later obtain, including but not limited to the power of eminent domain. Every franchise shall be deemed to incorporate all the requirements of the City Municipal Code.
(5) Franchise Not a Grant of Property Rights. A franchise does not convey title, equitable or legal, in the public rights-of-way. Rights granted may not be subdivided or subleased.
(6) Franchise Nonexclusive. No franchise shall be exclusive, or prevent the City from issuing other franchises or authorizations, or prevent the City from itself constructing, operating, or repairing its own cable communications system with or without a franchise.
(7) Franchise Term. Every franchise shall be for a term of years, which term shall be 10 years, unless a franchise specifies otherwise.
(8) Costs Borne by Franchisee. Unless otherwise specifically stated in a franchise, or required by law, all acts which a franchisee is required to perform under the franchise or applicable law must be performed at the franchisee’s expense.
(9) Failures to Perform. If a cable communications system operator fails to perform work that it is required to perform within the time provided for performance, the City may perform the work and bill the operator therefor. The operator shall pay the amounts billed within 30 days. [Ord. 4298 § 4, 2016; Code 1970 § 15.95.100.]