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the regulatory and police powers of the City to adopt and enforce <br />general ordinances necessary to the safety and welfare of the <br />public and is deemed to agree to comply with all applicable general <br />laws and ordinances enacted by the City pursuant to such powers. <br /> <br /> Any conflict between the provisions of a registration or of a <br />Right-of-Way Permit and any other present or future lawful exercise <br />of the City's regulatory or police powers shall be resolved in <br />favor of the latter. <br /> <br />Sec. 4.10.34.~ Severability. <br /> <br /> If any Section, subsection, sentence, clause, phrase, or <br />portion of this Section is for any reason held invalid or <br />unconstitutional by any court or administrative agency of competent <br />jurisdiction, such portion shall be deemed a separate, distinct, <br />and independent provision and such holding shall not affect the <br />validity of the remaining portions thereof. If a regulatory body <br />or a court of competent jurisdiction should determine by a final, <br />non-appealable order that any Permit, right or registration issued <br />under this Section or any portion of this Section is illegal or <br />unenforceable, then any such Permit, right or registration granted <br />or deemed to exist hereunder shall be considered as a revocable <br />Permit with a mutual right in either party to terminate without <br />cause upon giving sixty (60) days written notice to the other. The <br />requirements and conditions of such a revocable Permit shall be the <br />same requirements and conditions as set forth in the Permit, right <br />or registration, respectively, except for conditions relating to <br />the term of the Permit and the right of termination. If a Permit, <br />right or registration shall be considered a revocable Permit as <br />provided herein, the Permittee must acknowledge the authority of <br />the City Council to issue such revocable Permit and the power to <br />revoke it. Nothing im this Section precludes the' City from <br />requiring a franchise agreement with the Applicant, as allowed by <br />law, in addition to requirements set forth herein. <br /> <br />Sec. 4.10.35. Non-Exclusive Remedy. <br /> <br /> The remedies provided in this Section and other Sections in <br />the Legi~lati~ Code are not exclusive or in lieu of other rights <br />and re-~'edie~ L~u the City may have at law or in equity. The City <br />is hereby authorized to seek legal and equitable relief for actual <br />or threatened injury to the public Rights-of-Way, including damages <br />to the Rights-of-Way, whether or not caused by a violation of any <br /> isions of this Section or other provisions of the <br /> Code. <br /> <br />SECTION 2 <br /> <br /> This Ordinance shall take effect upon adoption and thirty (30) <br />days after publication according to law, subject to Charter <br />Provision, Section 5.04. <br /> <br />26 <br /> <br /> <br />