Ordinance 3795-21 - Laserfiche WebLink

governmental authorizations, may include, but are not limited to, seeking a small cell facilities franchise from the City or amending this Franchise. B. Each and every term,provision or condition herein is subject to the provisions of state law,federal law,the City Charter and City ordinances and regulations. As provided by Everett City Charter§13.4, this Franchise shall be subject to the right of the City Council, or the people of the City acting for themselves by initiative and referendum, at any time, subsequent to the grant, to repeal, amend or modify the Franchise with due regard to the rights of the Grantee and the interest of the public; and to cancel, forfeit and abrogate any such grant if the Franchise granted hereby is not operated in full accordance with its provisions, or at all; and at any time during the grant to acquire, by purchase or condemnation,to the extent permitted by applicable law,for the use of the City itself,all the property of the Grantee within the limits of the public streets, at a fair and just value, which shall not include any valuation of the Franchise itself unless required by law,which shall thereupon terminate. C. This Franchise shall not be interpreted to prevent the City from imposing additional lawful conditions, including additional compensation conditions for use of the Rights-of-Way, should Grantee provide service other than Telecommunications Service. D. No rights shall pass to Grantee by implication. Without limiting the foregoing,by way of example and not limitation,this Franchise shall not include or be a substitute for: (1) Any other permit or authorization required for the privilege of transacting and carrying on a business within the City that may be required by the ordinances and laws of the City; (2) Any permit, agreement, or authorization required by the City for Right-of-Way users in connection with operations on or in Rights-of-Way or public property including, by way of example and not limitation, street cut permits (such permit, agreement, or authorization shall not be considered a use permit as defined by EMC 13.84.010.I); or (3) Any permits or agreements for occupying any other property of the City or private entities to which access is not specifically granted by this Franchise including, without limitation, permits and agreements for placing devices on poles,in conduits or in or on other structures. E. This Franchise is intended to convey limited rights and interests only as to those Rights-of-Way in which the City has an actual interest. It is not a warranty of title or interest in any Right-of-Way; it does not provide the Grantee with any interest in any particular location within the Right-of-Way; and it does not confer rights other than as expressly provided in the grant hereof F. This Franchise does not authorize Grantee to provide Cable or Open Video System services. This Franchise is not a bar to imposition of any lawful conditions on Grantee with respect to Cable or Open Video System services,whether similar,different or the same as the conditions specified herein. This Franchise does not relieve Grantee of any obligation it may have to obtain from the City separate authorization to provide Cable or Open Video System services, or relieve Grantee of its obligation to comply with any such authorizations that may be lawfully required. G. Grantee may not, in a manner that relinquishes Grantee's day-to-day control over the maintenance and operation of the Facilities, lease,rent,transfer, convey, or sell Facilities in whole {DPK2242501.DOCX;4/13113.000007/} Wireline Franchise 7 of 30