Sec. 711.314. - Authority to grant; terms and conditions of granting.

(a) If the City shall grant to a grantee a nonexclusive franchise to construct, maintain, and reconstruct, a system within the City or a renewal of an existing franchise, the franchise shall constitute a right to utilize rights-of-way for the placement of grantee's facilities as required by the provisions of this Part and the franchise agreement. A franchise may be revoked if grantee does not abide by and perform in accordance with the provisions of this Part (including any amendments to this Part), the franchise, and such rules and regulations as may be adopted pursuant to Part 5 of this Chapter. Any franchise granted under the terms and conditions contained in this Part shall be consistent with federal laws and regulations and State general laws and regulations. If a conflict occurs in the terms and conditions of the franchise and the terms and conditions on which the City can grant a franchise, the general law or statutory requirements shall, without exception, control. Any franchise granted is hereby made subject to the general ordinance code provisions in effect in the proper exercise of the City's municipal and County home rule and police powers. (b) Neither this Chapter as a whole, nor any of its parts, portions or terms, shall be construed as granting or intending to grant to a grantee a franchise to use the public ways of the City, for any other than the one specified on the franchise granted or any other uses not specified herein; but nothing herein shall preclude a grantee from entering into a contract for the use of any portion of the grantee's system with any person, firm, partnership or corporation. The grantee shall include revenues derived from such contract and from the use of the system for purposes of calculating franchise fees to the extent consistent with applicable law. Any person, firm, partnership or corporation, whether lessee or not, if placing cable or facilities in the rights-of-way must first obtain an appropriate franchise from the City and obtain all required certifications from the State prior to utilizing the rights-of-way. (c) Neither this Chapter as a whole, nor any of its parts, portions or terms, shall be construed as prohibiting the City from including internet service fees as recurring local service revenues if internet service is determined to be a telecommunications company service. (d) Nothing in this Chapter or a franchise granted hereunder shall vest in grantee any property rights in City-owned property, nor shall the City be compelled to maintain any of its property any longer than, or in any fashion other than, in the City's judgment its own business or needs may require. (e) It is understood that there are within the City various streets which the City does not have the unqualified right to authorize grantee to use, because of reservations in favor of the dedicators or because of other legal impediments; therefore, in granting a franchise, the City does not warrant or represent as to any particular street or portion of a street that it has the right to authorize grantee to install or maintain portions of its system therein, and in each case the burden and responsibility for making such determination in advance of the installation shall be upon grantee. Upon request, the City shall make available to grantee such information as to a particular property as it may have with respect to such reservations or other impediments. (f) The City, in the proper exercise of its municipal powers and duties with respect to its City rights-of-way, shall have access to any manholes of the grantee in such City rights-of-way. The City will provide grantee prior notice and an opportunity to be present unless determined by the City to be an emergency situation. (g) All grantees shall abide by and perform in accordance with the provisions of this Part, including any amendments to this Part and this Chapter and such additional rules and regulations as the City may adopt pursuant to Part 5 of this Chapter. In accepting the franchise, the grantee acknowledges that at all times during the term of this franchise, its rights shall be subject to all lawful exercise of the police power by the City, and to such reasonable regulation of City rights-of-way as the City shall hereafter by resolution or ordinance provide in the interest of the health, safety and welfare of the public. Any inconsistency or ambiguity between the provisions of this Chapter and any lawful exercise of the City's police power shall be resolved in favor of the latter. (Ord. 2001-427-E, § 2)