Laserfiche WebLink
use of the Rights -of -Way by others, including others that may be installing communications <br />Facilities. To the extent consistent with the City's lawful authority, the City may require that <br />Telecommunication Facilities be installed at a particular time, at a specific place or in a particular <br />manner as a condition of access to a particular Right -of -Way; may deny access if Grantee is not <br />willing to comply with City's requirements; and may remove, or require removal of, any Facility <br />that is not installed in compliance with the requirements established by the City, or which is <br />installed without prior City approval of the time, place or manner of installation, and charge <br />Grantee for all the costs associated with removal; and may require Grantee to cooperate with <br />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 <br />Grantee and other users of the Rights -of -Way in a competitively neutral and nondiscriminatory <br />manner in 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 <br />days after adoption by City Council (the "Effective Date"), and shall terminate five years later on <br />the 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 <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 <br />any time grant authorization to use the Rights -of -Way for any purpose not incompatible with <br />Grantee's authority under this Franchise and for such additional franchises for <br />Telecommunications Systems as the City 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 <br />enforce ordinances necessary to the safety, health, and welfare of the public, and Grantee agrees <br />to comply with all laws and ordinances of general applicability enacted, or hereafter enacted, by <br />the City or any other legally constituted governmental unit having lawful jurisdiction over the <br />subject matter hereof. The City shall have the right to adopt, from time to time, such ordinances <br />as may be 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 <br />latter. <br />8 of 30 <br />