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A. The terms of this franchise shall define the contractual rights and obligations of grantee with respect to the provision of cable service and operation of the system in city. However, grantee shall at all times during the term of this franchise be subject to all lawful exercise of the police power, statutory rights, local ordinance making authority, and eminent domain rights of city. This franchise may also be modified or amended with the written consent of city and grantee as provided in section 9-1-14-3 of this chapter.
B. Grantee shall comply with the terms of any city ordinance or regulation of general applicability which addresses usage of the rights of way within city, which may have the effect of superseding, modifying or amending the terms herein, except that grantee shall not, through application of such city ordinance or regulation of rights of way, be subject to additional burdens with respect to usage of rights of way which exceed burdens on similarly situated rights of way users.
C. In the event of any conflict between this franchise and any city ordinance or regulation which addresses usage of the rights of way, the conflicting terms of this franchise shall govern.
D. In the event any city ordinance or regulation which addresses usage of the rights of way adds to, modifies, amends, or otherwise differently addresses issues addressed in this franchise, grantee shall comply with such ordinance or regulation of general applicability, regardless of which requirement was first adopted except that grantee shall not, through application of such city ordinance or regulation of rights of way, be subject to additional burdens with respect to usage of rights of way which exceed burdens on all similarly situated rights of way users.
E. In the event grantee cannot determine how to comply with any right of way requirement of city, whether pursuant to this franchise or other requirement, grantee shall immediately provide written notice of such question, including grantee's proposed interpretation, to city, in accordance with section 9-1-4-9 of this chapter. City shall provide a written response within fourteen (14) days of receipt indicating how the requirements cited by grantee apply. Grantee may proceed in accordance with its proposed interpretation in the event a written response is not received within seventeen (17) days of mailing or delivering such written question. City will use all reasonable best efforts to ensure that no right of way ordinance provisions unduly slow grantee's system rebuild unless necessary to address health safety and welfare concerns. (Ord. 827, 8-5-2002, eff. 8-26-2002)