§ 15-45 RESERVED.

ARTICLE VII. SEVERABILITY AND CONFLICT

§ 15-46 SEVERABILITY.

   The various parts, sections and clauses of this Chapter are hereby declared severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction, the remainder of the Chapter shall not be affected.

(Ord. 3253, passed 9-27-1993; Ord. 3486, passed 1-28-2002)

§ 15-47 CONFLICTING PROVISIONS.

   In the event of any conflict between this Chapter and the provisions of any prior ordinance or any franchise, permit, consent agreement or other agreement with a cable operator, then the provisions of this Chapter shall control.

(Ord. 3253, passed 9-27-1993; Ord. 3486, passed 1-28-2002)

ARTICLE VIII. METROPOLITAN TELECOMMUNICATIONS ACT

§ 15-63 CONFLICT.

   Nothing in this ordinance shall be construed in such a manner as to conflict with the Act or other applicable law.

(Ord. 3253, passed 9-27-1993; Ord. 3512, passed 4-28-2003)

§ 15-64 PURPOSE.

   The purposes of this ordinance are to regulate access to and ongoing use of public rights-of-way by telecommunications providers for their telecommunications facilities while protecting the public health, safety and welfare and exercising reasonable control of the public rights-of-way in compliance with the Metropolitan Extension Telecommunications Rights-of-Way Oversight Act, Public Act 48 of 2002 (“Act”) and other applicable law, and to ensure that the City qualifies for distributions under the Act by modifying the fees charged to providers and complying with the Act.

(Ord. 3512, passed 4-28-2003)

Statutory reference:

   Metropolitan Extension Telecommunications Rights-of-Way Oversight Act, see MCLA 484.3101 et seq.