Laserfiche WebLink
0 <br />police powers, consistent with state and federal law. The rights herein granted are subject <br />to the exercise of such police powers as the same now are or may hereafter be conferred <br />upon the City. Without limitation as to the generality of the foregoing the City reserves <br />the full scope of its power to require by ordinance substitution of underground service for <br />overhead service, or the transfer of overhead service from the front to the rear of property <br />whenever reasonable in all areas in the City and with such contributions or at such rates <br />as may be allowed by law. <br />Notwithstanding anything herein to the contrary, nothing herein shall be construed to <br />extend, limit or otherwise modify the authority of the City preserved under Sections 253 <br />(b) and (c) of the Communications Act of 1934 or the Telecommunications Act of 1996, <br />as amended. Nothing herein shall be construed to limit, modify, abridge or extend the <br />rights of the Company under the Communications Act of 1934 or the <br />Telecommunications Act of 1996, as amended. The Company reserves any and all rights <br />under or relating to this franchise that arise under local, state or federal law, including but <br />not limited to rights arising under the Telecommunications Act of 1996. <br />SECTION 902 SEVERABILITY <br />If any portion of this Ordinance is for any reason held to be invalid by any court of <br />competent jurisdiction, such portion shall be deemed a separate, distinct and independent <br />provision and such holding shall not affect the validity of the remaining portions thereof. <br />ARTICLE X <br />SECTION 1001 MAINTENANCE OBLIGATION <br />The Company will maintain the poles, wires, cable, conduits, lines, manholes, equipment <br />and other Facilities it owns within the City's PROW in good order and operating <br />condition throughout the term of the franchise granted by this Ordinance. <br />SECTION 1002 TREE TRIMMING <br />Should the Company install any overhead lines, it shall have the authority to trim trees <br />upon or overhanging the streets, alleys, walkways or Public Rights -of -Way to prevent the <br />branches of such trees from interfering with its lines or other Facilities. However, all <br />such trimmings shall be performed in a safe and orderly manner under the general <br />direction of the Director of Public Works or his or her designee and in compliance with <br />the pruning standards of the National Arborists Association as currently in effect. <br />15 <br />