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7/17/2007 8:44:00 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 />amendment is required due to changes in federal. state or local laws. Provided. <br />however, nothing herein shall restrict City's exercise of its police powers or City's <br />authority to unilaterally amend Franchise provisions to the extent permitted by law. <br /> <br />4. Compliance with Federal. State and Local Laws. <br /> <br />a. If any federal or state law or regulation shall require or permit City or <br />Grantee to perform any service or act or shall prohibit City or Grantee <br />from performing any service or act which may be in conflict with the terms <br />of this Franchise, then as soon as possible following knowledge thereof, <br />either party shall notify the other of the point in conflict believed to exist <br />between such law or regulation. Grantee and City shall conform to state <br />laws and rules regarding cable communications not later than one year after <br />they become effective, unless otherwise stated, and to conform to federal <br />laws and regulations regarding cable as they become effective. <br /> <br />b. If any term, condition or provision of this Franchise or the application <br />thereof to any Person or circumstance shall, to any extent, be held to be <br />invalid or unenforceable, the remainder hereof and the application of such <br />term, condition or provision to Persons or circumstances other than those <br />as to whom it shall be held invalid or unenforceable shall not be affected <br />thereby, and this Franchise and all the terms, provisions and conditions <br />hereof shall, in all other respects, continue to be effective and complied <br />with provided the loss of the invalid or unenforceable clause does not <br />substantially alter the agreement between the parties. In the event such <br />law, rule or regulation is subsequently repealed, rescinded, amended or <br />otherwise changed so that the provision which had been held invalid or <br />modified is no longer in conflict with the law, rules and regulations then in <br />effect, said provision shall thereupon return to full force and effect and <br />shall thereafter be binding on Grantee and City. <br /> <br />5. Nonenforcement by City. Grantee shall not be relieved of its obligations to comply <br />with any of the provisions of this Franchise by reason of any failure or delay of <br />City to enforce prompt compliance. City may only waive its rights hereunder by <br />expressly so stating in writing. Any such written waiver by City of a breach or <br />violation of any provision of this Franchise shall not operate as or be construed to <br />be a waiver of any subsequent breach or violation. <br /> <br />6. Ri~hts Cumulative. All rights and remedies given to City by this Franchise or <br />retained by City herein shall be in addition to and cumulative with any and all <br />other rights and remedies, existing or implied, now or hereafter available to City, <br />at law or in equity, and such rights and remedies shall not be exclusive, but each <br />and every right and remedy specifically given by this Franchise or otherwise <br />existing or given may be exercised from time to time and as often and in such <br />order as may be deemed expedieat by City and the exercise of one or mere rights <br /> <br />32 <br />
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