Agenda - Council - 01/25/2000 - 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 other~vise 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 pt-~rsuant to such powers. An.y conflict between the provisions of a registration or of a rig'~ ~..of-way permit aaa any other .gresent or future law2t! exercise of the City's regulatory or poliv~, powers shall be ~e~olved in ih vor of the latter. d 'i 0,34 Several:ilia7. If any Sectic-:, subsection, sentence', clause, phrase, o~~ portion of t!:i~ Section is for a*~7 reason held invalid o~' unconstitutional by any court or a&t.inistrative ,.~i :_¢zy of competer~ j~risdiction, such po~ion shall be de:.med a separate, diotin,:t, and m~.pcndent provisic;~ a:3 such holding shall not affect the va;!aity of the remaim~,!~ portions thc.~'eof. If a regulatory l'.-~dy or a court of competent jurisdic..~.on should deten~ine Ly a final : -:.;,ppeatable order il.at any permit, rigt'X or registration i~J(-;~ under this Sc~i:'n or any pc:'tion of this Sectic- is illegal or unenforceable, then any s~,.?l', permit, right or :-~.gistration ::~:m,ted or deemed to e;.ist hereunder shall be considered as a revocable permit with mutual right i-7 either party to terr,~ina~e without cause upcn giving sixty (60) da. ys written notice tc the other. ~!~e requirements and conditions of such a ~evocable permit shall be the same requ~ ::meats and conc'2tions as set ford~ in the permit, right or registration, respectively, except fo'- conditions relating to the terms o£ the permit and the right of termination. If a permit, right or rcgislration shall be considered a revocable permit as p:ovided herein, the permittee must kno,..-¢ledge 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, SectionS.04. 25 I I I I I I I I I I I I I I I I I