2002-011 Council Ordinances (2) - Laserfiche WebLink

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2.4 Franchise Term. This Franchise shall be in effect for a period of fifteen (15) years, such term commencing on the Effective Date specified in Section 2.10, unless sooner renewed, extended, revoked or terminated as herein provided. 2.5 Previous Franchises. As of the Effective Date, this Franchise shall supercede and replace any previous Ordinance, as amended, of the City granting a Franchise to Grantee, except the Grantee, the City and Commission shall continue to be bound by the MOU (except as modified or superseded herein) and by any previously accrued but unfulfilled obligations under Ordinance No. 08-83 (the "Prior Franchise") for which the Grantee had notice. Except as otherwise provided in this Franchise, the Grantee shall remain liable for payments of all franchise fees and other amounts owed under the Prior Franchise and the MOU, and for all unfulfilled actions that the Grantee was notified of and required to take under the Prior Franchise up to the Effective Date of this Franchise. The grant of this Franchise shall have no effect on the Grantee's duty under the Prior Franchise to indemnify or insure the City against acts and omissions occurring during the period that the Prior Franchise was in effect. 2.6 Compliance with Applicable Laws, Resolutions and Ordinances. 2.6.1 The terms of this Franchise shall define the contractual rights and obligations of the Grantee with respect to the provision of Cable Service and operation of the System in the City. However, the Grantee shall at all times during the term of this Franchise be subject to the lawful exercise of the police powers of the City, the City's right to adopt and enforce additional generally applicable ordinances and regulations, and lawful and applicable zoning, building, permitting and safety ordinances and regulations. The grant of this Franchise does not relieve the Grantee of its obligations to obtain any generally applicable licenses, permits or other authority as may be required by the City Code, as it may be amended, for the privilege of operating a business within the City or for performing work on City property or within the Rights -of -Way, to the extent not inconsistent with this Franchise. Except as provided below, any modification or amendment to this Franchise, or the rights or obligations contained herein, must be within the lawful exercise of the City's police powers, as enumerated above, in which case the provision(s) modified or amended herein shall be specifically referenced in an ordinance of the City authorizing such amendment or modification. This Franchise may also be modified or amended with the written consent of the Grantee as provided in Section 13.3 herein. 2.6.2 The Grantee shall comply with the terms of any City ordinance or regulation of general applicability which addresses usage of the Rights -of -Way within the City which may have the effect of superseding, modifying or amending the terms of 9