§ 114.22 City Rights

1. City Rules. The right is reserved by the City to adopt, in addition to the provisions contained in this chapter and existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of its police power; provided, such regulations, by ordinance or otherwise, shall be reasonable and not in conflict with the rights granted in this chapter, and shall not be in conflict with the applicable laws of the State or the United States or any FCC regulations.

2. Emergency. In the case of any emergency, the Grantee shall, upon request of the City, make available its facilities to the City for emergency use during the emergency period.

3. Liability. The City shall not be liable for any damage occurring to the property of the Grantee caused by employees of the City in the performance of their duties. The City shall not be liable for the interruption of service by actions of City employees in the performance of their duties, nor shall the City be liable for the failure of the Grantee to be able to perform normal services due to acts of God or other factors beyond the control of the City.

4. No Property Right. Nothing in this chapter shall grant to the Grantee any right of property in the City-owned property.

5. Construction Approval by City. The City shall have the right to inspect the construction, operation, and maintenance of the system by the Grantee to insure the proper performance of the terms of this chapter.

6. Correction of Defects. In the event the Grantee should violate any of the terms of this chapter, the City shall immediately give to the Grantee 60 days’ written notice to correct such violation and in the event the Grantee does not make such correction within 60 days after the receipt of such written notice, the City may make such correction itself and charge the cost of same to the Grantee, and the Grantee shall pay such charges within 30 days.