Agenda - Council - 01/11/2000 - Laserfiche WebLink

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Charter of the City, to regulate the use of the right-of-way by the permittee; and the permittee by its acceptance of a right-of-way permit or of registration under those ordinances agrees that all lawful powers and rights, regulatory power, or police power, or otherwise as are or the same may be from time to time vested in or reserved to the City, shall be in full force and effect and subject to the exercise thereof by the City at any time. A permittee or registrant is deemed to acknowledge that its rights are subject to the regulatory and police powers of the City to adopt and enforce general ordinances necessary to the safety and welfare of the public and is deemed to agree to comply with all applicable general laws and ordinances enacted by the City pursuant to such powers. Any conflict between the provisions of a registration or of a right-of-way permit and any other present or future lawful exercise of the City's regulatory or police powers shall be resolved in favor of the latter. 4.10.34 Severability. If any Section, subsection, sentence, clause, phrase, or portion of this Section is for any reason held invalid or unconstitutional by any court or administrative agency of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. If a regulatory body or a court 'of competent jurisdiction should determine by a final non-appealable order that any permit, right or registration issued under this Section or any portion of this Section is illegal or unenforceable, then any such permit, right or registration granted or deemed to exist hereunder shall be considered as a revocable permit with mutual right in either party to terminate without cause upon giving sixty (60) days written notice to the other. The requirements and conditions of such a revocable permit shall be the same requirements and conditions as set forth in the pet-n-tit, right or registration, respectively, except for conditions relating to the terms of the permit and the fight of termination. If a permit, fight or registration shall be considered a revocable permit as provided herein, the permittee must knowledge the authority of the City Council to issue such revocable permit and the power to revoke it. Nothing in this Section precludes the City from requiring a franchise agreement with the applicant, as allowed by law, in addition to requirements set forth herein. 4.10.35 Non-Exclusive Remedy. The remedies provided in this Section and other Sections in the City Code are not exclusive or in lieu of other rights and remedies that the City may have at law or in equity. The City is hereby authorized to seek legal and equitable relief for actual or threatened injury to the public right-of-way, including damages to the right-of-way, whether or not caused by a violation of any of the provisions of this Section or other provisions of the City Code. SECTION 2. EFFECTIVE DATE This Ordinance shall take effect upon adoption and thirty (30) days after publication according to law, subject to Charter Provision, Section5.04. 25 ! I I I I I I I I