Grant of Non-Exclusive Authority. (a) Any franchise granted under this Chapter shall give the Grantee the right and privilege to construct, erect, operate, modify, and maintain in, upon, along, across, above, over and under streets of the Town a Broadband Telecommunications Network.
Grant of Non-Exclusive Authority. The right to use and occupy the rights-of-way for the purposes herein set forth shall not be exclusive, and the City reserves the right to grant the use of said rights-of-way to any person at any time and for any lawful purpose. This Agreement shall not be construed to create any rights beyond the terms, conditions, and periods set forth in this Agreement, except as provided herein. The City does not warrant any of the rights granted by this Agreement. The Company acknowledges that the primary municipal purpose of the public roads subject to the Agreement is for the City to provide safe means of transportation for public vehicular and pedestrian traffic and to accommodate the City's own public utility lines.
Grant of Non-Exclusive Authority. This grant of authority is limited to the provision by Company of electric utility services. Accordingly, the City hereby grants to the Company, its successors and assigns, the non-exclusive right, authority, easement, privilege, and franchise to lay, erect, construct, maintain and operate in, under, upon, over and across the present and future streets, alleys, bridges, easements and other public ways or places of the City, as they now exist or may be hereafter constructed, opened, laid out or extended within the present limits of the City, or in such territory as may be hereafter added to, consolidated with or annexed to the City and its successors so as to be compatible with the City’s streetscapes and other development standards in accordance with established practice with respect to electrical construction and maintenance, electric light and power facilities (including conduits, cables, poles, wires, supports and such other structures or appurtenances as may be reasonably necessary for the construction, maintenance and operation of an electric generation, transmission and distribution system, including information transmission and all other related uses) (“Electric System”), subject to the terms and conditions herein contained under this Agreement. Both parties agree that that company will provide its standard method of construction on all installations in the City Rights-of-Way and any enhanced or premium construction methods will be paid for by the City or an appropriate third party. The Company agrees to work with the City to provide cost estimates and alternatives for these enhanced levels of construction. Nothing herein shall preclude the Company from entering into a contract with any person, firm, partnership, or corporation for the use of any portion of its Electric Utility System located within the Franchise area, provided that said person, firm, partnership or corporation first obtains as appropriate, any governmental or regulatory approvals required by applicable law. In the event Company desires to use its existing facilities, or construct new facilities, in order to provide public communications, fiber optic capacity built primarily for third parties, or video services to existing or potential consumers, Company shall obtain additional and separate permission from City for each such activity to the extent the authority to grant such permission has not been preempted by state and/or federal laws.
