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Ord_1533
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Ord_1533
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Last modified
5/29/2018 12:58:51 PM
Creation date
5/25/2018 10:23:29 AM
Metadata
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Roseville City Council
Document Type
Council Ordinances
Meeting Date
10/9/2017
Meeting Type
Regular
Ordinance #
1533
Ordinance Title
Cable Televsion Franchise Ordinance
Ordinance Date Passed
10/9/2017
Ordinance Date Published
10/17/2017
Publication Type
Ordinance
Publication Newspaper
Review
Publication Date (lst)
10/17/2017
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6. Compliance with Applicable Laws,Resolutions and Ordinances. <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 operation of the <br /> System in City. However, the Grantee shall at all times during the term of this Franchise <br /> be subject to all lawful exercise of the police power, statutory rights, local ordinance- <br /> making authority, and eminent domain rights of City. Except as provided below, any <br /> modification or amendment to this Franchise, or the rights or obligations contained <br /> herein, must be within the lawful exercise of City's police power, in which case the <br /> provision(s) modified or amended herein shall be specifically referenced in an ordinance <br /> of the City authorizing such amendment or modification. This Franchise may also be <br /> modified or amended with the written consent of Grantee as provided in Section 13.3 <br /> (Amendment of Franchise Ordinance)herein. <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 which may <br /> have the effect of superseding, modifying or amending the terms of Section 3 <br /> (Construction Standards) and/or Section 8.5(c) (Reports and Maps to be Filed with City) <br /> herein, 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 usage of <br /> Rights-of-Way which exceed burdens on similarly situated Rights-of-Way users. <br /> C. In the event of any conflict between Section 3 (Construction Standards) <br /> and/or Section 8.5(c) (Reports and Maps to be Filed with City) of this Franchise and any <br /> City ordinance or regulation which addresses usage of the Rights-of-Way, the conflicting <br /> terms in Section 3 (Construction Standards) and/or Section 8.5(c) (Reports and Maps to <br /> be Filed with City) of this Franchise shall be superseded by such City ordinance or <br /> regulation, 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 usage of <br /> Rights-of-Way which exceed burdens on similarly situated Rights-of-Way users. <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 issues <br /> addressed in Section 3 (Construction Standards) and/or Section 8.5(c) (Reports and Maps <br /> to be Filed with City) of this Franchise, Grantee shall comply with such ordinance or <br /> regulation of general applicability, regardless of which requirement was first adopted <br /> except that 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 Rights-of-Way <br /> which exceed burdens on similarly situated Rights-of-Way users. <br /> e. In the event Grantee cannot determine how to comply with any Right-of- <br /> Way requirement of City, whether pursuant to this Franchise or other requirement, <br /> Grantee shall immediately provide written notice of such question, including Grantee's <br /> proposed interpretation, to the City with copy to the North Suburban Cable <br /> Communications Commission, in accordance with Section 2.9 (Written Notice). The <br /> City or Commission shall provide a written response within fourteen (14) days of receipt <br /> 8 <br />
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