(a) Every direction, notice or order by the city to be served upon a grantee shall be delivered or sent by certified mail, return receipt requested, to the office responsible for the local cable system. Every notice served upon the city shall be delivered or sent by certified mail, return receipt requested, to the City Manager, City of Longview, Texas.
(b) All provisions of this article shall apply to a grantee, its successors, and assignees, as may be approved by City Council in accordance with this article.
(c) City Council may delegate to any board, commission, committee or city official any responsibilities or duties reserved to the Council under this article.
(d) The rights granted by this article are subject to all franchises and permits heretofore or hereafter granted by the Council to use the streets of the city by other public utility or public service corporations. It is not intended by the grant of a franchise to abridge the exercise of the police power heretofore or hereafter granted to the city by the state. The grant of a franchise is subject to all ordinances and resolutions or agreements adopted by the City Council as the same now exist or may be hereafter amended, revised or codified, in the lawful exercise of any other power granted to the city.
(e) Specific mention of the materiality of any of the provisions herein is not intended to be exclusive of any others for the purpose of determining whether any failure of compliance hereunder is material and substantial.
(f) If any particular section, subsection, paragraph, sentence, or clause of this article, or the particular application thereof, shall be held invalid, the remaining provisions, and their application, shall not be affected thereby.
(g) A grantee, upon its acceptance of a franchise, shall be bound by the provisions of this article, all responses, statements, and all matters agreed upon in a franchise agreement.
(h) A grantee shall assume the cost of any publications required by law and such is payable upon a grantee's filing of acceptance of a franchise.
(i) In the event that any provision of the Cable Act of 1984, 1992, or 1996 or other statute, law or regulation, which is relied on herein or in any franchise agreement for any definition or requirement, is repealed, then the language of such provision at the time of such repeal shall nevertheless continue to apply for purposes of this article or any franchise agreement, regardless of such repeal, except as otherwise provided herein or in any franchise agreement or as prohibited by such subsequent repeal or amendment.
(j) The rights and remedies reserved to the city by this article are cumulative and shall be in addition to and not in derogation of any other rights or remedies which the city may have with respect to the subject matter of this article. A waiver of any right or remedy by a party at one time shall not affect the exercise of said right or remedy or any other right or other remedy by such party at any other time. The failure of the city to take any action in the event of a material breach by the grantee shall not be construed or otherwise be deemed to constitute a waiver of the right of the city to take such action at any other time in the event that said material breach has not been cured, or with respect to any other material breach by the grantee.
(k) In the event that, after the effective date of this article, any court, agency, commission, legislative body, or other authority of competent jurisdiction: (i) declares the article invalid, in whole or in part, or (ii) requires the grantee either to: (a) perform any act which is inconsistent with any provision of the article or (b) cease performing any act required by any provision of the article, the city shall reasonably determine whether said declaration or requirement has a material and adverse effect on the article. When the grantee intends to exercise its rights pursuant to such declaration, the grantee shall so notify the city of said declaration or requirement.
(l) The headings contained in this article and any franchise agreement are to facilitate reference only, do not form a part of this article or any franchise agreement, and shall not in any way affect the construction or interpretation hereof.
(Ord. No. 2801, § 3, 2-25-99)