Laserfiche WebLink
8 <br /> <br />provided below, any modification or amendment to this Franchise, or the rights or <br />obligations contained herein, must be within the lawful exercise of City’s police <br />power, in which case the provision(s) modified or amended herein shall be <br />specifically referenced in an ordinance of the City authorizing such amendment or <br />modification. This Franchise may also be modified or amended with the written <br />consent of Grantee as provided in Section 13, Paragraph 3 herein. <br /> <br />b. Grantee shall comply with the terms of any City ordinance or regulation of <br />general applicability which addresses usage of the Rights-of-Way within City <br />which may have the effect of superseding, modifying or amending the terms of <br />Section 3 and/or Section 8, Paragraph 5(c) herein, except that Grantee shall not, <br />through application of such City ordinance or regulation of Rights-of-Way, be <br />subject to additional burdens with respect to usage of Rights-of-Way which <br />exceed burdens on similarly situated Rights-of-Way users. <br /> <br />c. In the event of any conflict between Section 3 and/or Section 8, Paragraph 5(c) of <br />this Franchise and any City ordinance or regulation which addresses usage of the <br />Rights-of-Way, the conflicting terms in Section 3 and/or Section 8, Paragraph <br />5(c) of this Franchise shall be superseded by such City ordinance or regulation, <br />except that Grantee shall not, through application of such City ordinance or <br />regulation of Rights-of-Way, be subject to additional burdens with respect to <br />usage of Rights-of-Way which exceed burdens on similarly situated Rights-of- <br />Way users. <br /> <br />d. In the event any City ordinance or regulation which addresses usage of the <br />Rights-of-Way adds to, modifies, amends, or otherwise differently addresses <br />issues addressed in Section 3 and/or Section 8, Paragraph 5(c) of this Franchise, <br />Grantee shall comply with such ordinance or regulation of general applicability, <br />regardless of which requirement was first adopted except that Grantee shall not, <br />through application of such City ordinance or regulation of Rights-of-Way, be <br />subject to additional burdens with respect to usage of Rights-of-Way which <br />exceed burdens on similarly situated Rights-of-Way users. <br /> <br />e. In the event Grantee cannot determine how to comply with any Right-of-Way <br />requirement of City, whether pursuant to this Franchise or other requirement, <br />Grantee shall immediately provide written notice of such question, including <br />Grantee’s proposed interpretation, to the City with copy to the North Suburban <br />Cable Communications Commission, in accordance with Section 2, Paragraph 8. <br />The City or Commission shall provide a written response within fourteen (14) <br />days of receipt indicating how the requirements cited by Grantee apply. Grantee <br />may proceed in accordance with its proposed interpretation in the event a written <br />response is not received within seventeen (17) days of mailing or delivering such <br />written question. <br /> <br />6. Rules of Grantee. The Grantee shall have the authority to promulgate such rules, <br />regulations, terms and conditions governing the conduct of its business as shall be reasonably