4.20.101.1.1. 
The ordinance codified in this title constitutes the master ordinance setting forth the terms and conditions under which a cable system service provider ("franchisee") is hereby granted a right nonexclusive of other operators to enter the city to construct, install and maintain facilities and equipment; to utilize specific city property, and to solicit subscribers for the sole purpose of providing cable services.
4.20.101.1.2. 
The ordinance codified in this title in no way obligates the city at any time to reimburse the franchisee for any costs, fixed or otherwise, required to put a cable system into operation in the city; for the provision of cable system services to any category of subscribers; or for loss, damage or destruction to the cable system. The city is not responsible for any damage to the cable system caused by the negligence of its agents except to the extent required under law. Subscribers are not deemed agents of the city.
4.20.101.1.3. 
Liability for user and connection fees for the provision of services to subscribers shall be established by separate agreements between the franchisee and the subscribers.
4.20.101.1.4. 
The ordinance codified in this title shall in no way prevent the city or any person from using a city or privately-owned cable system or master antenna system, where it so desires, or from expanding an existing system, or repairing existing television antennas. Nor shall the ordinance codified in this title in any way prevent any person from using any off-the-air television reception system.
(Ord. 205 § 3, 2001)
4.20.101.2.1. 
Any franchise granted pursuant to the provisions of the ordinance codified in this title shall authorize and permit the franchisee to engage in the business of operating and providing a cable system in the city, and for that purpose to erect, install, construct, repair, replace, rebuild, reconstruct, maintain and retain in, on, over, under, upon, across and along any city streets such poles, wires, cable, fiber, conductors, duets, conduit, vaults, manholes, amplifiers, bridgers, line extenders, power supplies, optical devices, opto-electronic equipment, appliances, attachments, and other property as may be necessary or appurtenant to the cable system; and in addition, so to use, operate, and provide similar facilities or properties rented or leased from other persons, including but not limited to any public utility or other franchisee franchised or permitted to do business in the city.
4.20.101.2.2. 
A franchise shall also confer upon the franchisee the right or privilege to enter the city streets and city service easements within the scope hereof, and through city and city service easements within the franchise area and which have been dedicated to the city for street purposes or are otherwise dedicated to or used for other compatible uses; provided, however, that the franchisee has obtained an encroachment/construction permit from the city where required.
(Ord. 205 § 3, 2001)
A grant of authority to operate a cable system in the city and the right to use and occupy the city and streets for the purposes herein set forth shall not be exclusive. The city reserves the right, at its discretion, to grant cable service provider franchises for the same service area to other franchisees without limitation.
(Ord. 205 § 3, 2001)
4.20.101.5.1. 
From and after the effective date of the ordinance codified in this title, it shall be unlawful for any person to establish, operate, or to carry on a business of distributing to any persons on this city any television, radio, video, voice, telephony, data signals or other communications services by means of a cable system or to construct, install or maintain within any city street, or within any other city property, or within any privately-owned area within the city, any equipment or facilities for distributing any such services through a cable system, unless a franchise authorizing such use of such street or property or area has first been obtained pursuant to the provisions of the ordinance codified in this title or a preexisting city action, and unless such franchise is in full force and effect; provided, however, that this provision shall only apply to the extent that the city has the power under federal anchor state law to issue such a franchise for the distribution of such services.
4.20.101.5.2. 
It shall be unlawful for any person, without the consent of a franchisee, willfully to tamper with, remove or injure any cables, wires, equipment or any other property of the franchisee used for distribution of cable services or other communications services through a cable system.
4.20.101.5.3. 
Any person violating any part of this section shall be guilty of a misdemeanor.
(Ord. 205 § 3, 2001)
An application for an initial cable service provider franchise shall be submitted to the city, on a written application form furnished by the city, and in accordance with the procedures, schedule and non-refundable application fee established by the city to determine the legal, financial, technical, character and other qualifications of an applicant to provide cable service.
(Ord. 205 § 3, 2001)
Within ninety (90) days after the effective date of a franchise, a franchisee shall proceed with due diligence to obtain, at its own costs all necessary permits, licenses, and authorizations which are required in the conduct of its business including, but not limited to, any business license, utility joint use attachment agreements, microwave carrier licenses, and any other permits, licenses and authorizations to be granted by duly constituted regulatory agencies having jurisdiction over the operation of cable systems, or their associated microwave transmission facilities. A franchisee shall have such permits and licenses prior to the commencement of its cable system operations.
(Ord. 205 § 3, 2001)
4.20.101.12.1. 
The city has no obligation to provide any property or support for the franchisee's cable system other than that specified in the agreement. The city may grant the franchisee nonexclusive use of its utility poles, rights-of-way, duct space, head end space and antenna support structures subject to such terms and conditions as the city may impose. No warranties are expressed or implied as to the suitability of either the facilities or any existing cable system equipment. Rights to non-city owned property, such as easements over private, state or federally-owned lands required to install and to operate the system shall be acquired at the expense and solely through the efforts of the franchisee or its agents.
(Ord. 205 § 3, 2001)
The franchisee agrees to conduct all of its construction, installation and maintenance activities in accordance with the health, fire and safety regulations and policies of the city and all other applicable local, state and federal statutes and regulations. The applicable regulations shall be made available for review in the office of the cable administrator. Failure to meet the requirements of this section will result in foreseeable damages in an amount specified in the section titled, "liquidated damages."
(Ord. 205 § 3, 2001)
4.20.101.15.1. 
The use of privately-owned systems: The city or any subscriber may use a privately owned television or radio reception systems for reception of any signals without interference from the franchisee. This includes DBS, STV, MDS or other alternative services. Nothing in the ordinance codified in this title shall prevent subscribers from purchasing their own cable system converters.
4.20.101.15.2. 
Existing city-owned cable, systems: Existing city-owned cable systems are not affected by the ordinance codified in this title nor does the ordinance codified in this title preclude the installation and operation of future city or privately-owned and franchised cable TV systems.
(Ord. 205 § 3, 2001)
The franchisee and all employees will obey all city regulations while on city property. The city will supply, upon written request, a copy of applicable regulations. The city will enforce regulations, regardless of whether or not the franchisee has requested copies.
(Ord. 205 § 3, 2001)
In soliciting subscribers following execution of the ordinance codified in this title, the franchisee shall under no circumstances purport to offer its services as an officially sanctioned or recommended benefit or in any other way convey the impression that subscription is anything other than totally voluntary on behalf of subscribers.
(Ord. 205 § 3, 2001)