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A. The City may grant nonexclusive cable communications system franchises pursuant to this chapter.

B. Before taking final action on an application for a cable communications system franchise, the City council shall conduct public hearings in accordance with applicable state, federal or local law. In determining whether to grant a franchise, city may consider:

1. Whether the applicant’s record in other communities indicates that it can be relied upon to provide high-quality service throughout a franchise term;

2. Whether the applicant has the financial, legal, and technical ability to provide the services, facilities, and equipment set forth in the application, and to satisfy any minimum requirements established by city;

3. Whether the applicant’s franchise proposal is reasonable to meet the future cable-related needs and interests of city, taking into account the cost of meeting such needs and interests;

4. Whether issuance of a franchise is in the public interest considering the immediate and future effect on rights-of-way, public property, and private property that will be used by the applicant’s cable communications system;

5. Whether the applicant has proposed to provide adequate facilities, equipment, channels and other support for PEG use of the cable system;

6. Such other matters as the City is authorized or required to consider.

C. If the City determines that issuance of a franchise would be in the public interest considering the factors described in this section, and the applicant is willing to enter into an appropriate franchise agreement, the City shall award a franchise to the applicant.

D. The grant of a franchise shall not be effective unless and until the franchise is unconditionally accepted by a grantee, and grantee enters into a franchise agreement setting forth the terms and conditions under which the franchise may be exercised, and the franchise has been approved by the City council.

E. A franchise granted pursuant to this chapter shall authorize and permit a grantee to construct, operate, maintain and repair a cable communications system for the purpose of providing cable service in the grantee’s franchise area.

F. A franchise shall not convey rights other than as expressly specified in this chapter or in the franchise; no rights shall pass by implication.

G. A franchise shall not preclude or be a substitute for:

1. Complying with requirements of general applicability for the privilege of transacting and carrying on a business within the City;

2. Complying with lawfully enacted requirements for the privilege of using or occupying the rights-of-way to construct, operate or repair facilities in connection with the provision of noncable services;

3. Any permits or other authorizations lawfully required under the City code in connection with activities on or in rights-of-way or other property;

4. 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.

H. The franchise agreement does not relieve a grantee of its duty to comply with all lawfully enacted and applicable city ordinances, resolutions, written policies, and regulations, and every grantee must comply with the same. The grantee’s exercise of the rights under the same is 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. In the event of a conflict between a franchise and this chapter, the franchise shall control.

I. A franchise does not convey title, equitable or legal, in the rights-of-way or public property.

J. Every franchise shall be nonexclusive. (Ord. 2546 § 2 (part), 2010: Ord. 2174 § 1 (part), 2003).