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Ordinance 937
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Ordinance 937
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Last modified
1/28/2025 2:23:00 PM
Creation date
6/6/2018 3:16:34 PM
Metadata
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Template:
MV Commission Documents
Commission Name
City Council
Commission Doc Type
Ordinances
MEETINGDATE
10/9/2017
Commission Doc Number (Ord & Res)
937
Supplemental fields
City Council Document Type
Ordinances
Date
10/9/2017
Resolution/Ordinance Number
937
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6. Compliance with Applicable Laws, Resolutions and Ordinances. <br />a. The terms of this Franchise shall define the contractual rights and <br />obligations of Grantee with respect to the provision of Cable Service and operation of the <br />System in City. However, the Grantee shall at all times during the term of this Franchise <br />be subject to all lawful exercise of the police power, statutory rights, local ordinance - <br />making authority, and eminent domain rights of City. Except as provided below, any <br />modification or amendment to this Franchise, or the rights or obligations contained herein, <br />must be within the lawful exercise of City's police power, in which case the provision(s) <br />modified or amended herein shall be specifically referenced in an ordinance of the City <br />authorizing such amendment or modification. This Franchise may also be modified or <br />amended with the written consent of Grantee as provided in Section 13.3 (Amendment of <br />Franchise Ordinance) herein. <br />b. 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 City which may <br />have the effect of superseding, modifying or amending the terms of Section 3 (Construction <br />Standards) and/or Section 8.5(c) (Reports and Maps to be Filed with City) herein, except <br />that 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 Rights -of -Way which <br />exceed burdens on similarly situated Rights -of -Way users. <br />C. In the event of any conflict between Section 3 (Construction Standards) <br />and/or Section 8.5(c) (Reports and Maps to be Filed with City) of this Franchise and any <br />City ordinance or regulation which addresses usage of the Rights -of -Way, the conflicting <br />terms in Section 3 (Constriction Standards) and/or Section 8.5(c) (Reports and Maps to be <br />Filed with City) of this Franchise shall be superseded by such City ordinance or regulation, <br />except that 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 Rights -of -Way <br />which exceed burdens on similarly situated Rights -of -Way users. <br />d. In the event any City ordinance or regulation which addresses usage of the <br />Rights -of -Way adds to, modifies, amends, or otherwise differently addresses issues <br />addressed in Section 3 (Construction Standards) and/or Section 8.5(c) (Reports and Maps <br />to be Filed with City) of this Franchise, Grantee shall comply with such ordinance or <br />regulation of general applicability, regardless of which requirement was first adopted <br />except that 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 Rights -of -Way <br />which exceed burdens on similarly situated Rights -of -Way users. <br />e. In the event Grantee cannot determine how to comply with any Right -of - <br />Way requirement of City, whether pursuant to this Franchise or other requirement, Grantee <br />shall immediately provide written notice of such question, including Grantee's proposed <br />interpretation, to the City with copy to the North Suburban Cable Communications <br />Commission, in accordance with Section 2.9 (Written Notice). The City or Commission <br />shall provide a written response within fourteen (14) days of receipt indicating how the <br />8 <br />
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