a. Police Powers. A grantee’s rights under any franchise agreement are subject to the lawful police powers of the city to adopt and enforce ordinances necessary to the safety, health, and welfare of the public, and grantees shall comply with all generally applicable laws and ordinances enacted by the city or any other legally-constituted governmental unit having lawful jurisdiction over the subject matter.

b. Other provisions of law. Any cable franchise, and all rights and privileges granted under such franchise, are subject to, and any grantee must exercise all rights in accordance with, applicable law, including the cable ordinance, as amended over a franchise term. However, a franchise is a contract, subject only to the city’s exercise of its police and other regulatory powers and applicable law. No franchise shall confer rights or immunities upon a grantee other than as expressly provided in a franchise agreement entered into pursuant to this ordinance and in compliance with state and federal law. In the case of any conflict between the express terms of a franchise agreement entered into pursuant to this ordinance and the express terms of this cable ordinance, the franchise agreement shall govern, provided that, in cases of conflict between the franchise agreement and any ordinance of general application enacted pursuant to the city’s police power, the ordinance shall govern. No franchise issued pursuant to this ordinance and any franchise fee paid pursuant to this ordinance shall be in lieu of any other required permit, authorization, fee, charge or tax, unless expressly stated in the franchise agreement or permitted by applicable law. (Ord. M-3371, 1998)