Notwithstanding any other provisions of the franchise to the
contrary, Grantee shall at all times comply with all laws and regulations
of the State and Federal government or any administrative agencies
thereof. Provided, however, if any such State or Federal law or regulation
shall require Grantee to perform any service, or shall permit Grantee
to perform any service, or shall prohibit Grantee from performing
any service, in conflict with the terms of the franchise or any law
or regulation of City, then as soon as possible following knowledge
thereof, Grantee shall notify City of the point of conflict believed
to exist between such regulations or law and the laws or regulations
of City or the franchise.
(Prior code § 63091; added
by Ord. No. 1407CCS, adopted 4/28/87)
If any provision of this ordinance or any related agreements
is held by any court or by any Federal, State, or local agency of
competent jurisdiction to be invalid as conflicting with any Federal,
State, or local law, rule, or regulation now or hereafter in effect,
or is held by such court or agency to be modified in any way in order
to conform to the requirements of any such law, rule or regulation,
and if said provision is considered nonmaterial by City, said 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law, rule, or regulation is subsequently rescinded, amended, or otherwise
changed, so that the provision which has been held invalid or modified
is no longer in conflict with the law, rules, and regulations then
in effect, said provision shall thereupon return to full force and
effect, and shall thereafter be binding on the parties hereto, provided
that City shall give Grantee thirty days written notice of such change
before requiring compliance with said provision.
(Prior code § 63092; added
by Ord. No. 1407CCS, adopted 4/28/87)
If any material section of this ordinance, as determined by
City, is held to be invalid or preempted by Federal, State, or county
regulations or laws, any franchise affected by such decision shall
be deemed terminated. Upon such termination, City shall, in its discretion,
negotiate with Grantee appropriate modifications to the franchise
to provide reasonable relief to City from such invalidity or preemption,
including the payment of damages.
(Prior code § 63093; added
by Ord. No. 1407CCS, adopted 4/28/87)
Grantee shall maintain within the franchise area throughout
the term of the franchise, an address for service of notices by mail.
(Prior code § 63094; added
by Ord. No. 1407CCS, adopted 4/28/87)
Grantee shall have no recourse whatsoever against City or its
officials, boards, commissions, agents, or employees for any loss,
costs, expenses, or damage arising out of any provision or requirement
of the franchise or because of the enforcement of the franchise.
(Prior code § 63095; added
by Ord. No. 1407CCS, adopted 4/28/87)
Grantee shall not be relieved of its obligation to comply with
any of the provisions of this ordinance by reason of any failure of
the City to enforce prompt compliance.
(Prior code § 63096; added
by Ord. No. 1407CCS, adopted 4/28/87)
Any provision of this ordinance may be waived by City, at City's
sole discretion, by City Council resolution. Grantee may submit a
written request for waiver at any time, and the request shall be placed
on the agenda for a public hearing and decision. City shall reach
its decision no later than one hundred twenty days following receipt
of any waiver request.
(Prior code § 63097; added
by Ord. No. 1407CCS, adopted 4/28/87)
The City Council may authorize the economic, technical, or legal
evaluation of such waiver request and Grantee shall be required to
reimburse the City for any expenditures incurred by City in connection
with such evaluation. Any expenditure and/or reimbursement pursuant
to this Section shall be exclusive of the franchise fee.
(Prior code § 63098; added
by Ord. No. 1407CCS, adopted 4/28/87)
