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Agenda Packets - 1998/07/13
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Agenda Packets - 1998/07/13
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Last modified
1/28/2025 4:48:59 PM
Creation date
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MV Commission Documents
Commission Name
City Council
Commission Doc Type
Agenda Packets
MEETINGDATE
7/13/1998
Supplemental fields
City Council Document Type
City Council Packets
Date
7/13/1998
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rights under this Franchise shall be subject to and in accordance with the <br /> requirements of Section 10, Paragraph 5. <br /> 4. Franchise Term. This Franchise shall be in effect for a period of fifteen (15) years <br /> from the date of acceptance by Grantee, unless sooner renewed, revoked or <br /> terminated as herein provided. <br /> 5. Previous Franchises. Upon acceptance by Grantee as required by Section 13 <br /> herein, this Franchise shall supersede and replace any previous Ordinance granting <br /> a Franchise to Grantee. <br /> 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 <br /> operation of the System in City. However, the Grantee shall at all times <br /> during the term of this Franchise be subject to all lawful exercise of the <br /> police power, statutory rights, local ordinance-making authority, and <br /> eminent domain rights of City. Except as provided below, any <br /> modification or amendment to this Franchise, or the rights or obligations <br /> contained herein, must be within the lawful exercise of City's police power, <br /> in which case the provision(s) modified or amended herein shall be <br /> specifically referenced in an ordinance of the City authorizing such <br /> amendment or modification. This Franchise may also be modified or <br /> amended with the written consent of Grantee as provided in Section 13.3 <br /> 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 <br /> City which may have the effect of superseding, modifying or amending the <br /> terms of Section 3 and/or Section 8.5(c) herein, except that Grantee shall <br /> not, through application of such City ordinance or regulation of Rights-of- <br /> Way, be subject to additional burdens with respect to usage of Rights-of- <br /> Way which exceed burdens on similarly situated Rights-of-Way users. <br /> c. In the event of any conflict between Section 3 and/or Section 8.5 (c) of this <br /> Franchise and any City ordinance or regulation which addresses usage of <br /> the Rights-of-Way, the conflicting terms in Section 3 and/or Section 8.5 (c) <br /> of this Franchise shall be superseded by such City ordinance or regulation, <br /> except that Grantee shall not, through application of such City ordinance <br /> or regulation of Rights-of-Way, be subject to additional burdens with <br /> respect to usage of Rights-of-Way which exceed burdens on similarly <br /> situated Rights-of-Way users. <br /> 6 <br />
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