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2002-10-23 CC Packet
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2002-10-23 CC Packet
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<br />regulations, and lawful and applicable zoning, building, perrmttmg and safety <br />ordinances and regulations. The grant of this Franchise does not relieve the Grantee <br />of its obligations to obtain any generally applicable licenses, permits or other <br />authority as may be required by the City Code, as it may be amended, for the <br />privilege of operating a business within the City or for performing work on City <br />property or within the Rights-of-Way, to the extent not inconsistent with this <br />Franchise. Except as provided below, any modification or amendment to this <br />Franchise, or the rights or obligations contained herein, must be within the lawful <br />exercise of the City's police powers, as enumerated above, in which case the <br />provision( s) modified or amended herein shall be specifically referenced in an <br />ordinance of the City authorizing such amendment or modification. This Franchise <br />may also be modified or amended with the written consent of the Grantee as <br />provided in Section 13.3 herein. <br /> <br />2.6.2 The 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 the City <br />which may have the effect of superseding, modifying or amending the terms of <br />Section 3 and/or Section 8.5.3 herein; except that the Grantee shall not, through <br />application of such City ordinance or regulation of Rights-of-Way, be subject to <br />additional burdens with respect to usage of Rights-of-Way that exceed burdens on <br />similarly situated Right-of-Way users. <br /> <br />2.6.3 In the event of any conflict between Section 3 and/or Section 8.5.3 of this Franchise <br />and any lawfully applicable City ordinance or regulation which addresses usage of <br />the Rights-of-Way, the conflicting terms in Section 3 and/or Section 8.5.3 of this <br />Franchise shall be superseded by such City ordinance or regulation; except that the <br />Grantee shall not, through application of such City ordinance or regulation of <br />Rights-of-Way, be subject to additional burdens with respect to usage of Public <br />Rights-of-Way that exceed burdens on similarly situated Right-of-Way users. <br /> <br />2.6.4 In the event any lawfully applicable City ordinance or regulation which addresses <br />usage of the Rights-of-Way adds to, modifies, amends, or otherwise differently <br />addresses issues addressed in Section 3 and/or Section 8.5.3 of this Franchise, the <br />Grantee shall comply with such ordinance or regulation of general applicability, <br />regardless of which requirement was first adopted; except that the 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 that exceed <br />burdens on similarly situated Rights-of-Way users. <br /> <br />2.6.5 In the event the Grantee cannot determine how to comply with any Right-of-Way <br />requirement of the City, whether pursuant to this Franchise or other requirement, <br />the Grantee shall immediately provide written notice of such question, including the <br />Grantee's proposed interpretation, to the City. The City shall provide a written <br />response within ten (10) business days of receipt indicating how the requirements <br />cited by the Grantee apply. The Grantee may proceed in accordance with its <br /> <br />9 <br />
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