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The Cooperative shall not be required to remove abandoned facilities from the right-of-way if the act of removal causes degradation of the right-of-way, potential damage to other facilities, or if the Cooperative facilities may, at a reasonable future date, be placed back into service. The City may require the Cooperative to demonstrate the potential for any of these circumstances.
The Cooperative shall at all times during the term of this franchise ordinance conform with, submit to, and carry out the provisions of any and all valid ordinances existing or as hereafter lawfully enacted relating to the City’s exercise of its police powers.
This franchise ordinance sets forth and constitutes the entire agreement between the Cooperative and the City of North Liberty with respect to the rights contained herein and may not be superseded, modified or otherwise amended without the approval and acceptance of the Cooperative. Except as set forth in Section 117.21, in no event shall the City of North Liberty enact any ordinance or place any limitations, either operationally or through the assessment of fees, that create additional burdens upon the Cooperative, or which delay utility operations with respect to the right contained herein.
This franchise grants the Cooperative the right to exercise powers of eminent domain. The Cooperative shall notify the City of proposed eminent domain action at least thirty (30) days prior to exercising said powers of eminent domain and the Cooperative agrees not to exercise such powers to the extent the City notifies the Cooperative that it opposes specific aspects of the proposed eminent domain action.
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