(1) Except as provided in MMC 3.50.060, nothing in this franchise shall in any way be construed or interpreted to prevent, or in any way limit, the City from modifying or performing any work in its rights-of-way, or granting other franchises for use of rights-of-way, or of adopting general ordinances regulating use of or activities in the rights-of-way, or of otherwise abrogating or limiting any rights, privileges or property interest the City now has in its rights-of-way, whether now owned or hereinafter acquired.

(2) In the event that any portion of the franchisee’s infrastructure interferes with any present or future use the City desires to make of its rights-of-way, franchisee shall, upon request, and at its sole expense, promptly relocate such infrastructure, and restore the area where such relocation occurs to as good a condition as existed before the work was undertaken, unless otherwise directed by the City.

(3) Where the franchisee had paid for the relocation costs of the same facilities at the request of the City within the past five years, the franchisee’s share of the cost of relocation will be paid by the City if franchisee requests the subsequent relocation.

(4) Except as otherwise provided by law, and subject to MMC 3.50.060, nothing in this franchise shall be construed to give the franchisee any credit or exemption from any nondiscriminatory, generally applicable business tax, or other tax now or hereafter levied upon franchisee’s taxable real or personal property, or against any permit fees or inspection fees required as a condition of construction of any improvements upon franchisee’s real property and imposed under a generally applicable ordinance or resolution. (Ord. 139 § 5, passed 11-13-2018)