Any franchise granted under this chapter is subject to the provisions of the Constitution and laws of the United States, the State of Oregon, and the ordinances and charter of the city.
(Ord. 2016, passed 5-22-00; Am. Ord. 2069, passed 5-12-03)
No franchise shall be granted unless the agreement is in writing.
(Ord. 2016, passed 5-22-00; Am. Ord. 2069, passed 5-12-03)
No franchise granted under this chapter shall confer any exclusive right, privilege or franchise to occupy or use the public rights-of-way of the city for delivery of telecommunications services or any other purposes.
(Ord. 2016, passed 5-22-00; Am. Ord. 2069, passed 5-12-03)
In the event that federal or state laws, rules or regulations preempt a provision or limit the enforceability of a provision of this chapter, then the provision shall be read to be preempted to the extent and/or the time required by law. In the event such federal or state law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision that had been preempted is no longer preempted, such provision shall return to full force and effect, and shall be binding, without the requirement of further action on the part of the city.
(Ord. 2016, passed 5-22-00; Am. Ord. 2069, passed 5-12-03)
Nothing in this chapter shall be construed as limiting any judicial remedies that the city may have, at law or in equity, for enforcement of this chapter.
(Ord. 2016, passed 5-22-00; Am. Ord. 2069, passed 5-12-03)
Any Grantee under this chapter shall comply with all federal and state laws and regulations, including regulations of any administrative agency, as well as all ordinances, resolutions, rules and regulations of the city now in effect or adopted in the future or established during the entire term of any franchise granted under this chapter, which are relevant and relate to the construction, maintenance and operation of a telecommunications system.
(Ord. 2016, passed 5-22-00; Am. Ord. 2069, passed 5-12-03)
Wherever the consent of either the city or of the Grantees under this chapter is specifically required in a franchise granted, such consent will not be unreasonably withheld.
(Ord. 2016, passed 5-22-00; Am. Ord. 2069, passed 5-12-03)
To the extent that this chapter is not in conflict with and can be implemented with ordinances and franchise agreements in effect as of May 22, 2000 (“pre-existing franchise”), this chapter shall apply to all existing ordinance and franchise agreements for use of the public right-of-way for telecommunications. In the event of a conflict between a term contained in a pre-existing franchise and this chapter, the term of the pre-existing franchise shall govern so long as such pre-existing franchise is effective.
(Ord. 2016, passed 5-22-00; Am. Ord. 2069, passed 5-12-03)
The city agrees to use its best efforts to preserve the confidentiality of information designated by the Grantee as a trade secret, to the extent permitted by the Oregon Public Records Law.
(Ord. 2016, passed 5-22-00; Am. Ord. 2069, passed 5-12-03)
Any person found guilty of violating, disobeying, omitting, neglecting or refusing to comply with any of the provisions of this chapter shall have committed a Class A violation. A separate and distinct offense shall be deemed committed each day on which a violation occurs.
(Ord. 2016, passed 5-22-00; Am. Ord. 2069, passed 5-12-03)