§ 9. Limitations of franchise.

(a)

Non-exclusive franchise granted herein. Nothing in this artcile shall be construed as granting to the corporation an exclusive franchise for the purpose set forth in this article.Identical or similar franchises may be granted by the city to more than one person or entity, within all or any portion of the city.

(b)

Subject to exercise of the city's police power. The corporation shall, at all times during the life of the franchise, be subject to the lawful exercise of the city's police power, and strictly adhere to the city's laws, ordinances and such reasonable regulations as the city council may subsequently promulgate there under. The city reserves the right to make reasonable rules, regulations and restrictions for the protection of buildings from fire in connection with the use of gas, and for the protection of persons using the streets, avenues, alley and/or other public places in the city from injury.

(c)

Prior lawful occupancy of the streets. Any privileges prescribed by this article shall be subordinate to any prior lawful occupancy of the public streets, and the city council reserves the right to reasonably designate where the corporation's facilities are to be placed within the public ways.

(Ord. No. 09-2182, § 1.I, 12-21-09)