CHAPTER 11
GENERAL PROVISIONS
Sections:
13-11-105 Exercise of Police Power.
13-11-101 Conflicts.
In the event of a conflict between any provision of this Ordinance and a Franchise entered pursuant to it, the provisions of this Ordinance in effect at the time the Franchise is entered into shall control.
(Statutory Authority UCA 10-8-1 and Telecommunications Act of 1996 (Act) [P.L. No. 104-104]; adopted by Ordinance No. 20-98)
13-11-102 Severability.
If any provision of this Ordinance is held by any federal, state or local court of competent jurisdiction, to be invalid as conflicting with any federal or state statute, or is ordered by a court to be modified in any way in order to conform to the requirements of any such law and all appellate remedies with regard to the validity of the Ordinance provisions in question are exhausted, such provision shall be considered a separate, distinct, and independent part of this Ordinance, and such holding shall not affect the validity and enforceability of all other provisions hereof. In the event that such law is subsequently repealed, rescinded, amended or otherwise changed, so that the provision which had been held invalid or modified is no longer in conflict with such law the provision in question shall return to full force and effect and shall again be binding on the City and the Provider, provided that the City shall give the Provider thirty (30) days, or a longer period of time as may be reasonably required for a Provider to comply with such a rejuvenated provision, written notice of the change before requiring compliance with such provision.
(Statutory Authority UCA 10-8-1 and Telecommunications Act of 1996 (Act) [P.L. No. 104-104]; adopted by Ordinance No. 20-98)
13-11-103 New Developments.
It shall be the policy of the City to liberally amend this Ordinance, upon Application of a Provider, when necessary to enable the Provider to take advantage of any developments in the field of Telecommunications which will afford the Provider an opportunity to more effectively, efficiently, or economically serve itself or the public.
(Statutory Authority UCA 10-8-1 and Telecommunications Act of 1996 (Act) [P.L. No. 104-104]; adopted by Ordinance No. 20-98)
13-11-104 Notices.
All notices from a Provider to the City required under this Ordinance or pursuant to a Franchise granted pursuant to this Ordinance shall be directed to the officer as designated by the Mayor. A Provider shall provide in any Application for a Franchise the identity, address and phone number to receive notices from the City. A Provider shall immediately notify the City of any change in its name, address, or telephone number.
(Statutory Authority UCA 10-8-1 and Telecommunications Act of 1996 (Act) [P.L. No. 104-104]; adopted by Ordinance No. 20-98)
13-11-105 Exercise of Police Power.
To the full extent permitted by applicable law either now or in the future, the City reserves the right to adopt or issue such rules, regulations, orders, or other directives that it finds necessary or appropriate in the lawful exercise of its police powers.
(Statutory Authority UCA 10-8-1 and Telecommunications Act of 1996 (Act) [P.L. No. 104-104]; adopted by Ordinance No. 20-98)