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2018_02-27_PWETCpacket
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2018_02-27_PWETCpacket
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2/28/2018 2:20:38 PM
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Commission/Committee
Commission/Authority Name
Public Works Commission
Commission/Committee - Document Type
Agenda/Packet
Commission/Committee - Meeting Date
2/27/2018
Commission/Committee - Meeting Type
Regular
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of the public. (Ord. 1209, 8-24-1998) <br />707.32: FRANCHISE; FRANCHISE SUPREMACY: <br />The City may, in addition to the requirements of this Chapter, require any person which has <br />or seeks to have equipment located in any right of way to obtain a franchise to the full extent <br />permitted by law, now or hereinafter enacted. The terms of any franchise which are <br />inconsistent with any provision of this Chapter, whether granted prior or subsequent to <br />enactment of this Chapter, shall control and supersede the conflicting terms of this Chapter. <br />All other terms of this Chapter shall be fully applicable to all persons whether franchised or <br />not. (Ord. 1209, 8-24-1998) <br />707.33: SEVERABILITY: <br />If any section, subsection, sentence, clause, phrase, or portion of this Chapter is for any <br />reason held invalid or unconstitutional by any court or administrative agency of competent <br />jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and <br />such holding shall not affect the validity of the remaining portions thereof. If a regulatory <br />body or a court of competent jurisdiction should determine by a final, nonappealable order <br />that any permit, right or registration issued under this Chapter or any portions of this <br />Chapter is illegal or unenforceable, then any such permit, right or registration granted or <br />deemed to exist hereunder shall be considered as a revocable permit with a mutual right in <br />either party to terminate without cause upon giving 60 days' written notice to the other. The <br />requirements and conditions of such a revocable permit shall be the same requirements and <br />conditions as set forth in the permit, right or registration, respectively, except for <br />conditions relating to the term of the permit and the right of termination. Nothing in this <br />Chapter precludes the City from requiring a franchise agreement with the applicant, as <br />allowed by law, in addition to requirements set forth herein. (Ord. 1209, 8-24-1998) <br />
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