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1992_Ordinances
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1992_Ordinances
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C. Grantee shall construct and maintain the System <br />• so as not to interfere with other uses of Streets. <br />Grantee shall endeavor to make use of existing poles and <br />other facilities available to Grantee where feasible. <br />Grantee shall widely publicize proposed construction work <br />prior to commencement of that work. Except in cases of an <br />emergency, Grantee shall individually notify in writing <br />all residents reasonably affected by proposed underground <br />work not less than forty-eight (48) hours prior to <br />commencement of that work. Such notice shall include the <br />Grantee's telephone number and the department to call <br />regarding questions about the construction. <br />D. Notwithstanding the above grant to use the <br />Streets, no Street shall be used by Grantee if the City, <br />reasonably determines that such use is inconsistent with <br />the terms, conditions or provisions by which such Street <br />was created or dedicated, or presently used. <br />4.04 Nature of Franchise. Upon acceptance, the Grantee's <br />nonexclusive Franchise for the occupation and use of the <br />Streets within the City for the construction, operation, <br />maintenance, upgrade, repair, and removal of the System in <br />accordance with the provisions of this Franchise shall be <br />deemed to have been renewed. This Franchise shall authorize <br />the Grantee to provide cable television services as authorized <br />• by the Cable Act and to lease excess capacity upon its system <br />to other third parties as it may contemplate from time to time. <br />4.05 Franchise Term. <br />A. This Franchise shall commence upon acceptance by <br />Grantee as defined herein and shall be in full force and effect <br />for a period of five (5) years, unless renewed, revoked or <br />terminated sooner as herein provided. <br />B. If, at the end of the initial five (5) year Franchise <br />term, Grantee has complied with the requirements of Section <br />5.01 of this Franchise and other relevant sections relating to <br />the upgrade of the System and Section 6.06B, the City shall <br />automatically extend Grantee's Franchise for an additional six <br />(6) year term which shall expire not later than June 30, <br />2003. <br />4.06 Area Covered. This Franchise is granted for the <br />territorial boundary of the City, with the exception of certain <br />of the property within the territorial boundary of the City <br />belonging to the Rector and visitors of the University of <br />Virginia, over which, by law, the County of Albemarle retains <br />jurisdiction. In the event of annexation by the City, any new <br />territory shall become part of the area covered. <br />• 4.07 Police Powers. Grantee's rights are subject to the <br />police powers of the City to adopt and enforce ordinances <br />necessary to the health, safety and welfare of the public. <br />
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