§ A265-2. Grant of franchise.

A. 

The Council has found the company to have constructed and operated its cable antenna television system in accordance with the terms and conditions of prior ordinances adopted April 9, 1963, February 20, 1974 and September 7, 1983 and has found that the Company possesses the required legal, character, financial, technical and other qualifications to continue to operate said system.

B. 

There is hereby granted by the City to the Company the right and privilege to construct, install, maintain, repair, replace, operate and remove in, upon, along, across, above, over and under the streets, lanes and alleys, bridges and viaducts in the City as now laid out or dedicated and all extensions thereof, and additions thereto, a Community Television Antenna System consisting of poles, wires, cables, underground conduits, antennas and other appliances for the reception, transmission and distribution for a fee or charge to the user of television impulses and energy hereinafter referred to in this ordinance as the system, by attachment to poles or other structures or through conduits owned or leased by public utilities having the right to permit such attachment or location, subject to the terms of an agreement or agreements between Armstrong Utilities, Inc., and such utilities. Conformed copies of such executed agreement or agreements shall be filed with the City Engineer as a condition precedent to the exercise of this permission.

C. 

Nonexclusive grant. The right and privilege as herein granted for the purpose herein set forth not exclusive and the city reserves the right to grant a similar right and privilege to any person, firm or corporation at any time during the term of this grant or any renewal subject matter and particularly with the ordinances of the City of Butler and shall be subject to the approval, in writing, of the City Engineer. In order that the City Engineer may be accurately advised of the manner and method of proposed attachments, installations, construction, maintenance, repairs, replacements, operations or removals of the system or any part thereof, the Company shall furnish the City Engineer drawings, plans and explanatory addenda in sufficient detail as to make apparent the proposed work to be done at least 20 days before the original attachments, installations or construction is proposed to be made and thereafter, if any change in the manner or method of attachment, installation, construction, repair, replacement or removal is proposed, then drawings, plans and explanatory addenda in sufficient detail as to make apparent the proposed change, shall be furnished the City Engineer at least 10 days before the proposed change.