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2002-011 Council Ordinances (2)
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2002-011 Council Ordinances (2)
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City Council
Council Document Type
Ordinances
Meeting Date
10/28/2002
Council Meeting Type
Regular
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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 />2.6.3 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 <br />the 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Franchise shall be superseded by such City ordinance or regulation; except that the 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 <br />Rights -of -Way, be subject to additional burdens with respect to usage of Public <br />Rights -of -Way that exceed burdens on similarly situated Right -of -Way users. <br />2.6.4 In the event any lawfully applicable City ordinance or regulation which addresses <br />usage of the Rights -of -Way adds to, modifies, amends, or otherwise differently <br />addresses issues addressed in Section 3 and/or Section 8.5.3 of this Franchise, the <br />Grantee shall comply with such ordinance or regulation of general applicability, <br />regardless of which requirement was first adopted; except that the Grantee shall not, <br />through application of such City ordinance or regulation of Rights -of -Way, be <br />subject to additional burdens with respect to usage of Rights -of -Way that exceed <br />burdens on similarly situated Rights -of -Way users. <br />2.6.5 In the event the Grantee cannot determine how to comply with any Right -of -Way <br />requirement of the City, whether pursuant to this Franchise or other requirement, <br />the Grantee shall immediately provide written notice of such question, including the <br />Grantee's proposed interpretation, to the City. The City shall provide a written <br />response within ten (10) business days of receipt indicating how the requirements <br />cited by the Grantee apply. The Grantee may proceed in accordance with its <br />proposed interpretation in the event a written response is not received within <br />thirteen (13) business days of mailing or delivering such written question. <br />2.7 Rules of Grantee. <br />The Grantee shall have the authority to promulgate such rules, regulations, terms and <br />conditions governing the conduct of its business as shall be reasonably necessary to enable <br />said Grantee to exercise its rights and perform its obligations under this Franchise and <br />applicable law, and to assure uninterrupted service to each and all of its Subscribers; <br />provided that such rules, regulations, terms and conditions shall not be in conflict with <br />provisions hereto, the rules of the FCC, the laws of the State of Minnesota, the City, or any <br />other body having lawful jurisdiction. <br />2.8 Territorial Area Involved. <br />This Franchise is granted for the corporate boundaries of the City, as they exist from time <br />to time; provided, however, that the Grantee shall not be required to extend service beyond <br />10 <br />
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