Chapter 5.35 FRANCHISE - TELECOMMUNICATIONS
Section 5.35.080 Non-exclusive grant.
The grant of a Franchise shall not in any manner prevent the City from entering
into
other similar agreements or granting other or further franchises in, under, on, across, over,
through, along or below any of said public ways of the City. However, the City shall
exercise reasonable care to avoid permitting any such future franchisee from physically or
electronically interfering with the prior Franchisees communication facilities. In the
event that such physical interference or disruption occurs, the City Engineer may assist
the Franchisee and such subsequent franchisee in resolving the dispute. In no event shall
the City be financially liable for any interference resulting from the actions of another
franchisee. A Franchise shall in no way prevent or prohibit the City from using any of its
public ways or affect its jurisdiction over them or any part of them, and the City shall
retain power to make all necessary changes, relocations, repairs, maintenance,
establishment, improvement, dedication of the same as the City may deem fit, including
the dedication, establishment, maintenance, and improvement of all new public ways all
in compliance with this franchise ordinance. Furthermore, if the City requires the
relocation, modification, change, raising, lowering, or any alteration of a Franchisees
equipment such relocation, modification, change, raising, lowering, or any alteration shall
be done at the Franchisee's expense, less any amounts the City receives from the State of
Utah for such relocation purposes, within ninety 90 days of receiving notice from the
City.
(Ord. 2009-25, Add, 10/30/2009)