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Q. "Public Works Director" shall mean the Public Works Director for the City or their <br />designee, or such officer or person who has been assigned the duties of public works <br />director or their designee. <br />R. "Service" shall mean the service or services authorized to be provided by the <br />Franchisee under the terms and conditions of this Franchise. <br />S. "Telecommunications System" shall mean all necessary Facilities to establish a <br />small cell network located in, under, and above City owned Public Rights -of -Way for the <br />provision of personal wireless services, including: commercial mobile services, unlicensed <br />wireless services, and common carrier wireless exchange access services. <br />Telecommunications System shall not mean or include Facilities owned or used by <br />Franchisee for the provision of cable television services, video programming, or services <br />other than personal wireless services, including ownership, operation, and/or managing of <br />a dark fiber network. <br />T. "Work" shall mean any and all activities of the Franchisee, or its officers, directors, <br />employees, agents, contractors, subcontractors, volunteers, invitees, or licensees, within <br />the Public Rights -of -Way to Construct the Facilities. <br />Section 2. Non-exclusive Franchise Granted. <br />A. The City hereby grants to Franchisee, subject to the conditions prescribed in this <br />ordinance ("Franchise Agreement"), the franchise rights and authority to Construct and <br />operate its Facilities necessary for a Telecommunications System within the City -owned <br />Public Rights -of -Way, generally described as those Public Rights -of -Way within the <br />present and future boundaries of the City and hereinafter referred to as the "Franchise <br />Area". <br />B. The foregoing franchise rights and authority ("Franchise") shall not be deemed <br />to be exclusive to Franchisee and shall in no way prohibit or limit the City's ability to grant <br />other franchises, permits, or rights along, over, or under the areas to which this Franchise <br />has been granted to Franchisee; provided, that such other franchises do not <br />unreasonably interfere with Franchisee's exercise of franchise rights granted herein as <br />determined by the City. This Franchise shall in no way interfere with existing utilities or <br />in any way limit, prohibit, or prevent the City from using the Franchise Area or affect the <br />City's jurisdiction over such area in any way. <br />C. This Franchise Agreement merely authorizes Franchisee to occupy and use the <br />Franchise Area. Nothing contained herein shall be construed to grant or convey any right, <br />title, or interest in the Franchise Area to Franchisee. <br />D. CITY DOES NOT WARRANT ITS TITLE OR PROPERTY INTEREST IN OR TO <br />ANY FRANCHISE AREA NOR UNDERTAKE TO DEFEND FRANCHISEE IN THE <br />PEACEABLE POSSESSION OR USE OF THE FRANCHISE AREA. NO COVENANT <br />OF QUIET ENJOYMENT IS MADE. <br />Section 3. Authority. The Director of Public Works or designee is hereby granted <br />the authority to administer and enforce the terms and provisions of this Franchise <br />Agreement and may develop such lawful and reasonable rules, policies, and procedures <br />21 <br />