Laserfiche WebLink
communications facilities. Within limits reasonably related to the City's role in protecting public <br /> health, safety and welfare, the City may require that Open Video System facilities be installed at a <br /> particular time, at a specific place or in a particular manner as a condition of access to a particular <br /> Right-of-Way; may deny access if Grantee is not willing to comply with City's requirements; and <br /> may remove, or require removal of, any facility that is not installed in compliance with the <br /> requirements established by the City, or which is installed without prior City approval of the time, <br /> place or manner of installation, and charge Grantee for all the costs associated with removal; and <br /> may require Grantee to cooperate with others to minimize adverse impacts on the Rights-of-Way <br /> through joint trenching and other arrangements. With regard to its management of the Rights-of- <br /> Way, the City shall treat the Grantee and other users of the Rights-of-Way in a competitively <br /> neutral and nondiscriminatory manner. <br /> 2.3 Effective Date and Term of Franchise <br /> This Franchise and the rights, privileges and authority granted hereunder shall take effect <br /> thirty days after adoption by City Council (the "Effective Date"), and shall terminate two years later <br /> on the second anniversary of the Effective Date,unless terminated sooner as hereinafter provided. <br /> 2.4 Franchise Nonexclusive <br /> This Franchise shall be nonexclusive, and subject to all prior rights, interests, easements or <br /> licenses granted by the City to any Person to use any property, Right-of-Way, right, interest or <br /> license for any purpose whatsoever, including the right of the City to use same for any purpose it <br /> deems fit, including the same or similar purposes allowed Grantee hereunder. The City may at any <br /> time grant authorization to use the Rights-of-Way for any purpose not incompatible with Grantee's <br /> authority under this Franchise and for such additional franchises for Open Video Systems as the <br /> City deems appropriate. <br /> 2.5 Police Powers <br /> (A) Grantee's rights hereunder are subject to the police powers of the City to adopt and <br /> enforce ordinances necessary to the safety, health, and welfare of the public, and Grantee agrees to <br /> comply with all laws and ordinances of general applicability enacted, or hereafter enacted, by the <br /> City or any other legally constituted governmental unit having lawful jurisdiction over the subject <br /> matter hereof The City shall have the right to adopt, from time to time, such ordinances as may be <br /> deemed necessary in the exercise of its police power; provided that such ordinances shall be <br /> reasonable. <br /> (B) The City reserves the right to exercise its police powers,notwithstanding anything in <br /> this Franchise to the contrary, and any conflict between the provisions of this Franchise and any <br /> other present or future lawful exercise of the City's police powers shall be resolved in favor of the <br /> latter. <br /> 6 <br />