80-029 Ordinance - Laserfiche WebLink

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CITY OF N~~"."TH OLMSTED - .ORDINANCE N0. 80-29 r . '.PAGE 4 SECTION 3: GRANT OF FIFTEEN YEAR AUTHORITY There is hereby granted by the City to the Grantee the right, ' privilege and franchise to construct, operate and maintain a cable television system in the streets of the City for a period of fifteen (15) years from and after the passage, acceptance and effective date of this Ordinance, subject to the conditions and restrictions as hereinafter provided. SECTION 4: AUTHORITY NOT EXCLUSIVE The right to use and occupy said streets for the purposes here- in set forth shall not be exclusive, and the City reserves the right to grant a similar use of said streets to any person at any time dur- ing the period of this franchise. SECTION 5: FRANCHISE TERRITORY The franchise is for the present territorial limits of the City of North Olmsted, Ohio, future annexation, and for any area henceforth added thereto during the term of this franchise. Cable service shall be made available to every dwelling unit in the franchise area in accordance with the construction schedule contained in Section 12 of this Ordinance unless the Council waives such requirement upon good cause shown by the Grantee. SECTION 6: CONDITIONS OF STREET OCCUPANCY (a) All transmission and distribution structures, lines and equipment erected by the Grantee within the City shall be so located as to cause minimum interference with the proper use of streets, al- leys and other public ways and places and to cause minimum inter- ference with the rights and reasonable convenience of property owners who join any of said streets, alleys or other public ways and places. The cable television system shall be constructed and operated in compliance with all adopted local and national con- struction codes. (b) Except when absolutely necessary to service a subscriber and not simply because it shall be more convenient, economical or profitable for the Grantee to so operate, and then only when express- ly permitted in writing by the Mayor under such conditions as he shall prescribe for the public welfare, the Grantee shall not erect, nor authorize or permit others to erect, any poles or other facilities within the streets of the City for the conduct of its cable tele- vision system, but shall use the existing poles and other equip- ment of the appropriate electrical power and telephone or other utility companies under such terms and agreements as the Grantee shall negotiate with these companies. (c) Should the Grantee be required to place any lines or other equipment on any boulevard, parkway or other property under the jurisdiction of the City Division of Public Properties, the manner of placement and location thereof shall be subject to the control of the Mayor. (d) Should the Grantee be required, in the conduct of its business, to locate property within the streets of the City other than property which may be attached to utility poles, then in that event before the Grantee shall install, or shall permit any other person to install for Grantee, any of such property in the street, the nature of such property shall be disclosed to the Mayor for his approval as to the need thereof and as to the location within the street, and then only under such conditions as he shall pre- scribe concerning such location or installation. (e) Whenever the City, County, or State of Ohio shall require the relocation or reinstallation of any property of the Grantee in any of the streets of the City, it shall be the obligation of the Grantee upon notice of such requirements to remove and relocate or reinstall said property within seventy-two (72) hours. Such re- location, removal or reinstallation by the Grantee shall be at the sole cost of the Grantee.