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event install Telecommunication Facilities in a manner that minimizes interference with the use of <br /> the Rights-of-Way by others, including others that may be installing communications Facilities. <br /> Within limits reasonably related to the City's role in protecting public health, safety and welfare, <br /> the City may require that Telecommunication Facilities be installed at a particular time, at a specific <br /> place or in a particular manner as a condition of access to a particular Right-of-Way; may deny <br /> access if Grantee is not willing to comply with City's requirements; and may remove, or require <br /> removal of, any Facility that is not installed in compliance with the requirements established by the <br /> City, or which is installed without prior City approval of the time, place or manner of installation, <br /> and charge Grantee for all the costs associated with removal; and may require Grantee to cooperate <br /> with others to minimize adverse impacts on the Rights-of-Way through joint trenching and other <br /> arrangements. With regard to its management of the Rights-of-Way,the City shall treat the Grantee <br /> and other users of the Rights-of-Way in a competitively neutral and nondiscriminatory manner in <br /> accordance with applicable law. <br /> 3.3. Effective Date and Term of Franchise <br /> This Franchise and the rights,privileges and authority granted hereunder shall take effect thirty days <br /> after adoption by City Council (the "Effective Date"), and shall terminate five years later on the <br /> fifth anniversary of the Effective Date,unless terminated sooner as hereinafter provided. <br /> 3.4. Franchise Nonexclusive <br /> This Franchise shall be nonexclusive, and subject to all prior rights, interests, easements or licenses <br /> granted by the City to any Person to use any property, Right-of-Way, right, interest or license for <br /> any purpose whatsoever, including the right of the City to use same for any purpose it deems fit, <br /> including the same or similar purposes allowed Grantee hereunder. The City may at any time grant <br /> authorization to use the Rights-of-Way for any purpose not incompatible with Grantee's authority <br /> under this Franchise and for such additional franchises for Telecommunications Systems as the City <br /> deems appropriate. <br /> 3.5. Police Powers <br /> A. Grantee's rights hereunder are subject to the police powers of the City to adopt and enforce <br /> ordinances necessary to the safety, health, and welfare of the public, and Grantee agrees to comply <br /> with all laws and ordinances of general applicability enacted, or hereafter enacted, by the City or <br /> any other legally constituted governmental unit having lawful jurisdiction over the subject matter <br /> 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. <br /> B. The City reserves the right to exercise its police powers, notwithstanding anything in this <br /> Franchise to the contrary, and any conflict between the provisions of this Franchise and any other <br /> present or future lawful exercise of the City's police powers shall be resolved in favor of the latter. <br /> 8 of 30 <br />