5.50.020 Terms of franchise.
A. It shall be unlawful to engage in or commence construction, operation, or maintenance of a cable television system without a franchise issued under this chapter. The council may, by ordinance, award nonexclusive franchises to construct, operate and maintain cable television systems which comply with the terms and conditions of this chapter.
B. Any franchise granted pursuant to this chapter shall be nonexclusive and shall not preclude the city from granting other or further franchises or permits or preclude the city from using any public rights-of-way, streets, or other public properties for any lawful purpose or affect its jurisdiction over them or any part of them, or limit the full power of the city to make such changes, as the city shall deem necessary, including the dedication, establishment, maintenance, and improvement of all new public rights-of-way and other public properties.
C. The provisions of this chapter shall be incorporated by reference in any franchise approved hereunder. The provisions of any proposal submitted and accepted by the city shall be incorporated by reference in the applicable franchise. In the event of any conflict between the proposal, this chapter and the franchise, the franchise shall be the prevailing document.
D. Any franchise granted hereunder by the city shall authorize a franchisee, subject to the provisions herein contained:
1. To engage in the business of operating and providing cable service and the distribution and sale of such service to subscribers within the city;
2. To erect, install, construct, repair, replace, reconstruct, maintain and retain in, on, over, under, upon, across and along any street, such amplifiers and appliances, lines, cables, conductors, vaults, maintenance holes, pedestals, attachments, supporting structures, and other property as may be reasonably necessary and appurtenant to the cable television system; and provide similar cable facilities, or properties rented or leased from other persons, firms or corporations, including but not limited to any public utility or other franchisee franchised or permitted to do business in the city. No privilege or exemption shall be granted or conferred upon a franchisee by any franchise except those specifically prescribed therein, and any use of any street shall be consistent with any prior lawful occupancy of the street or any subsequent improvement or installation therein.
E. The duration of a franchise granted pursuant to this chapter shall be for a period of time appropriate to the circumstances of the particular grant. (Ord. 1708 § 1, 1997).