1997 045 Ordinance - Laserfiche WebLink

Home Browse Search

2.6 Permit Non-exclusive This Permit shall be non-exclusive, and subject to all prior rights, interests, easements or licenses granted by the Village or its predecessors to any Person (use any property, Right-of--Way, easement, right, interest or license for any purpose whatsoever, including the right of the Village to use same for any purpose it deems fit, including the same or similar purposes allowed the Permittee hereunder. The Village may at any time grant authorization to use the Streets and Rights-of--Way for any purpose as the Village deems appropriate. 2.7 Police Powers The Permittee's rights hereunder are subject to the police powers of the Village to adopt and enforce ordinances necessary to the safety, health and welfare of the public, and the Permittee agrees to comply with all applicable laws and ordinances enacted, or hereafter enacted, by the Village or any other legally-constituted governmental unit having lawful jurisdiction over the subject matter hereof. The Village reserves the right to exercise its police powers, notwithstanding anything in this Permit to the contrary, and any conflict between the provisions of the Permit and any other present or future lawful exercise of the Village's police powers shall be resolved in favor of the latter. 2.8 PUCO Authority The Permittee shall obtain, prior to the beginning of any construction, authority from the Public Utilities Commission of the State of Ohio, to provide Telecommunication Services and/or other Utilities, if the same is required by law. 2.9 Cable Operators Subiect to Franchise The Permittee shall not provide any additional services without first obtaining a separate permit from the Village, or amending this Permit, and shall not allow the use of the System for Content Services by itself, its affiliates or any service provider (including video dial tone and cable television), unless the service provider has been granted a permit or franchise for such service by the Village. Concerning cable television, the Permittee shall neither operate as a "cable operator" as that term is defined in the Cable Act, 47 U.S.C. 522(4), nor provide or offer to provide "cable service" as that term is defined in the Cable Act, 47 U.S.C. 522(5) under the Permit without first obtaining a Franchise to do so. Permittee shall not provide or offer to provide any other video and/or audio services offered by cable operators to residential end users under this Permit without first obtaining a Franchise to do so. This permit is granted to the Permittee solely for the purpose of directly serving its end-user customers and common carriers. 5