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CCP 06-18-2001-WS
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CCP 06-18-2001-WS
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or of registration under those ordinances agrees that all lawful powers and rights, <br /> regulatory power, or police power, or otherwise as are or the same may be from time <br /> to time vested in or reserved to the City, shall be in full force and effect and subject to <br /> the exercise thereof by the City at any time. A permittee or registrant is deemed to <br /> acknowledge that its rights are subject to the regulatory and police powers of the City <br /> to adopt and enforce general ordinances necessary to the safety and welfare of the <br /> public and is deemed to agree to comply with all applicable general laws and <br /> ordinances enacted by the City pursuant to such powers. <br /> Any conflict between the provisions of a registration or of a Right-of-Way permit and <br /> any other present or future lawful exercise of the City's regulatory or police powers <br /> shall be resolved in favor of the latter. <br /> 360.3.32 Severability. If any section, subsection, sentence, clause, phrase, or portion of this <br /> Chapter is for any reason held invalid or unconstitutional by any court or <br /> administrative agency of competent jurisdiction, such portion shall be deemed a <br /> separate, distinct, and independent provision and such holding shall not affect the <br /> validity of the remaining portions thereof. If a regulatory body or a court of <br /> competent jurisdiction should determine by a final, non-appealable order that any <br /> permit, right or registration issued under this Chapter or any portion of this Chapter is <br /> illegal or unenforceable, then any such permit, right or registration granted or deemed <br /> to exist hereunder shall be considered as a revocable permit with a mutual right in <br /> either party to terminate without cause upon giving sixty (60) days written notice to <br /> the other. The requirements and conditions of such a revocable permit shall be the <br /> same requirements and conditions as set forth in the permit, right or registration, <br /> respectively, except for conditions relating to the term of the permit and the right of <br /> termination. If a permit, right or registration shall be considered a revocable permit as <br /> provided herein, the permittee must acknowledge the authority of the City Council to <br /> issue such revocable permit and the power to revoke it. Nothing in this Chapter <br /> precludes the City from requiring a franchise agreement with the applicant, as <br /> allowed by law, in addition to requirements set forth herein. <br /> 360.3.33 Non-Exclusive Remedy. The remedies provided in this Chapter and other chapters in <br /> the legislative code are not exclusive or in lieu of other rights and remedies that the <br /> City may have at law or in equity. The City is hereby authorized to"seek legal and <br /> equitable relief for actual or threatened injury to the public Rights-of-Way, including <br /> damages to the Rights-of-Way, whether or not caused by a violation of any of the <br /> provisions of this Chapter or other provisions of the legislative code. <br /> is <br /> 360-23 <br />
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