A. This title shall be construed in a manner consistent with all applicable federal and state laws.
B. In the event that the federal or state government discontinues preemption in any area of cable communications over which it currently exercises jurisdiction in such manner as to expand rather than limit municipal regulatory authority, the grantor may, if it so elects, adopt rules and regulations in these areas to the extent permitted by law.
C. The grantee's rights are subject to the police powers of the village to adopt and enforce ordinances necessary to the health, safety, and welfare of the public. The grantee shall comply with all applicable general laws and ordinances enacted by the village pursuant to that power.
D. The provisions of this title shall apply to all franchises granted or renewed after the effective date hereof. This title shall also apply to all existing franchises to the extent not inconsistent with the terms of any such franchise or applicable law. In the event of any conflict between the terms and conditions of a franchise agreement and the provisions of this title, and other generally applicable regulatory ordinances of the village, the specific terms of the franchise agreement shall control. A franchise agreement (including all of the grantee's particular rights, powers, protections, privileges, immunities and obligations associated therewith as the same exist on the effective date hereof) shall constitute a legally binding contract between the village and the grantee, and as such, cannot be amended, modified or changed by the village without the consent of the grantee in any manner whatsoever, whether by ordinance, rule, regulation or otherwise, to impose on the grantee more stringent or burdensome requirements or conditions; provided, however, that nothing herein contained shall preclude the village from the proper exercise of its police powers.
E. In the event of a change in state or federal law which, by its terms, would require the village to amend this title, the parties shall modify the existing franchise in a mutually agreed upon manner.
F. The grantee shall not be relieved of its obligation to comply with any of the provisions of this title or a franchise agreement by reason of any failure of the village to enforce prompt compliance. (Ord. 1241, 6-18-2001)