07-08-1998 Council Agenda - Laserfiche WebLink

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in full force and effect and subject to the exercise thereof by the City at any time. A permittee or registrant is deemed to acknowledge that its rights are subject to the regulatory and police powers of the City to adopt and enforce general ordinances necessary to the safety and welfare of the public and is deemed to agree to comply with all applicable general laws and ordinances enacted by the City pursuant to such powers. Any conflict between the provisions of a registration or of a right -of -way permit and any other present or future lawful exercise of the City's regulatory or police powers shall be resolved in favor of the latter. 2302.340. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Chapter is for any reason held invalid or unconstitutional by any court or nriministrative agency or competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. If a regulatory body or a court of competent jurisdiction should determine by a final, non - appealable order that any permit, right or registration issued under this Chapter or any portion of this Chapter is illegal or unenforceable, then any such permit, right or registration granted or deemed to existing hereunder shall be considered as a revocable permit with a mutual right in either party to terminate without cause upon giving sixty (60) days written notice to the other. The requirements and conditions of such a revocable permit shall be the same requirements and conditions as set forth in the permit, right or registration, respectively, except for conditions relating to the term of the permit and the right of termination. If a permit, right or registration shall be considered a revocable permit as provided herein, the permittee must acknowledge the authority of the City Council to issue such revocable permit and the power to revoke it. Nothing in this Chapter precludes the City from requiring a franchise agreement with the applicant, as allowed by law, in addition to requirements set forth herein. 2302.350. NON - EXCLUSIVE REMEDY. The remedies provided in this Chapter and other Chapters in the Legislative code are not exclusive or in lieu of other rights and remedies that the City may have at law or in equity. The City is hereby authorized to seek legal and equitable relief for actual or threatened injury to the public rights -of -way, including damages to the rights - of -way, whether or not caused by a violation of any of the provisions of this Chapter or other provisions of the legislative code. (Source: Ord. 461) 2302 -25 Page 100