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7/17/2007 8:44:00 AM
Creation date
12/3/2004 8:45:53 AM
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Roseville City Council
Document Type
Council Ordinances
Ordinance #
1208
Ordinance Title
An ordinance granting a franchise to MediaOne to construct, operate, and maintain a cable communications system in the City of Roseville, setting forth conditions accompanying the grant of the franchise, be adopted and attaching
Ordinance Date Passed
8/10/1998
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<br />rights under this Franchise shall be subject to and III accordance with the <br />requirements of Section 10, Paragraph 5. <br /> <br />4. Franchise Term. This Franchise shall be in effect for a period of fifteen (15) years <br />from the date of acceptance by Grantee, unless sooner renewed. revoked or <br />terminated as herein provided. <br /> <br />5. Previous Franchises. Upon acceptance by Grantee as required by Section 13 <br />herein, this Franchise shall supersede and replace any previous Ordinance granting <br />a Franchise to Grantee. <br /> <br />6. Compliance with Applicable Laws. Resolutions and Ordinances. <br /> <br />a. The terms of this Franchise shall define the contractual rights and <br />obligations of Grantee with respect to the provision of Cable Service and <br />operation of the System in City. However, the Grantee shall at all times <br />during the term of this Franchise be subject to all lawful exercise of the <br />police power, statutory rights, local ordinance-making authority, and <br />eminent domain rights of City. Except as provided below. any <br />modification or amendment to this Franchise, or the rights or obligations <br />contained herein, must be within the lawful exercise of City's police power. <br />in which case the provision(s) modified or amended herein shall be <br />specifically referenced in an ordinance of the City authorizing such <br />amendment or modification. This Franchise may also be modified or <br />amended with the written consent of Grantee as provided in Section 13.3 <br />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 <br />City which may have the effect of superseding, modifying or amending the <br />terms of Section 3 and/or Section 8.5(c) herein, except that Grantee shall <br />not, through application of such City ordinance or regulation of Rights-of- <br />Way, be subject to additional burdens with respect to usage of Rights-of- <br />Way which exceed burdens on similarly situated Rights-of-Way users. <br /> <br />c. In the event of any conflict between Section 3 and/or Section 8.5 (c) of this <br />Franchise and any City ordinance or regulation which addresses usage of <br />the Rights-of-Way, the conflicting terms in Section 3 and/or Section 8.5 (c) <br />of this Franchise shall be superseded by such City ordinance or regulation, <br />except that Grantee shall not, through application of such City ordinance <br />or regulation of Rights-of-Way, be subject to additional burdens with <br />respect to usage of Rights-of-Way which exceed burdens on similarly <br />situated Rights-of-Way users. <br /> <br />6 <br />
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