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 Franchisee’s 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 Franchisee’s 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)