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2015-013 Council Ordinances
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2015-013 Council Ordinances
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City Council
Council Document Type
Ordinances
Meeting Date
12/28/2015
Council Meeting Type
Regular
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requirement under this Franchise if the Grantee itself were to use the System to provide <br />such Cable Service. Any assignment of rights under this Franchise shall be subject to and <br />in accordance with the requirements of Section 10.5. <br />2.4 Franchise Term. <br />This Franchise shall be in effect for a period of five (5) years, such term commencing on <br />the Effective Date specified in Section 2.10, unless sooner renewed, extended, revoked or <br />terminated as herein provided. <br />2.5 Compliance with Applicable Laws, Resolutions and Ordinances. <br />2.5.1 The terms of this Franchise shall define the contractual rights and obligations of the <br />Grantee with respect to the provision of Cable Service and operation of the System in <br />the City. However, the Grantee shall at all times during the term of this Franchise be <br />subject to the lawful exercise of the police powers of the City, the City's right to <br />adopt and enforce additional generally applicable ordinances and regulations, and <br />lawful and applicable zoning, building, permitting and safety ordinances and <br />regulations. The grant of this Franchise does not relieve the Grantee of its obligations <br />to obtain any generally applicable licenses, permits or other authority as may be <br />required by the City Code, as it may be amended, for the privilege of operating a <br />business within the City or for performing work on City property or within the <br />Rights -of -Way, to the extent not inconsistent with this Franchise. Except as provided <br />below, any modification or amendment to this Franchise, or the rights or obligations <br />contained herein, must be within the lawful exercise of the City's police powers, as <br />enumerated above, in which case the provision(s) modified or amended herein shall <br />be specifically referenced in an ordinance of the City authorizing such amendment or <br />modification. This Franchise may also be modified or amended with the written <br />consent of the Grantee as provided in Section 13.3 herein. <br />2.5.2 The Grantee shall comply with the terms of any City ordinance or regulation of <br />general applicability which addresses usage of the Rights -of -Way within the City <br />which may have the effect of superseding, modifying or amending the terms of <br />Section 3 and/or Section 8.5.3 herein; except that the Grantee shall not, through <br />application of such City ordinance or regulation of Rights -of -Way, be subject to <br />additional burdens with respect to usage of Rights -of -Way that exceed burdens on <br />similarly situated Right -of -Way users. <br />2.5.3 In the event of any conflict between Section 3 and/or Section 8.5.3 of this Franchise <br />and any lawfully applicable City ordinance or regulation which addresses usage of the <br />Rights -of -Way, the conflicting terms in Section 3 and/or Section 8.5.3 of this <br />Franchise shall be superseded by such City ordinance or regulation; except that the <br />Grantee shall not, through application of such City ordinance or regulation of Rights - <br />of -Way, be subject to additional burdens with respect to usage of Public Rights -of - <br />Way that exceed burdens on similarly situated Right -of -Way users. <br />9 <br />
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