(a) Compliance with Laws. Each Operator shall conform to all local, state and federal laws and rules regarding cable service as they become effective, unless otherwise stated.
(b) Continuity of Service Mandatory. Upon expiration, termination or revocation of an Operator’s Franchise, the Village may require the Operator to continue to operate the Cable System for an extended period of time until another cable operator can be found. The Operator shall, as trustee for its successor in interest, continue to operate the Cable System under the terms and conditions of its current or most recent Franchise Agreement with the Village. In the event the Operator does not so operate the Cable System, the Village may take such steps as it, in its sole discretion, deems necessary to assure continued service to Subscribers.
(c) Work Performed by Others. All provisions of this Chapter and an Operator’s Franchise Agreement shall apply to any subcontractor or others performing any work or services pursuant to the provisions of this Chapter and/or the Operator’s Franchise Agreement.
(d) Severability. If any provision of this Chapter is held to be invalid or unenforceable, that provision will be ineffective but the remainder of this Chapter shall not be affected, and it shall, in all other respects, continue to be effective and enforceable. If the holding of invalidity or unenforceability is subsequently repealed, unenforceable or otherwise changed so that the provision which had been held invalid is no longer in conflict with the law, rules and regulations then in effect, the provision will return to full force and effect.
(e) Nonenforcement by Village. An Operator shall not be relieved of its obligation to comply with any of the provisions of this Chapter and/or its Franchise Agreement by reason of any failure of the Village to enforce prompt compliance.
(f) Administration of Franchise.
(1) The Village shall have continuing regulatory jurisdiction and supervision over the Cable System and the Operator’s operation under this Chapter. The Village may issue such reasonable rules and regulations concerning the construction, operation and maintenance of the Cable System unless preempted by state and/or federal law.
(2) An Operator shall operate, maintain and construct the Cable System subject to the supervision of all the authorities of the Village who have jurisdiction in such matters and in strict compliance with all laws, ordinances, departmental rules and regulations affecting the Cable System.
(g) Emergency Use. In the case of any emergency or disaster, an Operator shall, upon request of the Village or emergency management personnel, make available the Cable System and related facilities to the Village for emergency use during the emergency or disaster period.
(h) Controlling Law. This Chapter and an Operator’s Franchise Agreement shall be construed and enforced in accordance with the laws of the State of Ohio (without regard to the laws regarding conflicts of law).
(i) Captions. The paragraph captions and headings in this Chapter are for convenience and reference purposes only and shall not affect in any way the meaning of interpretation of this Chapter.
(j) Calculation of Time. Where the performance or doing of any act, duty, matter, payment or thing is required hereunder and the period of time or duration for the performance or doing thereof is prescribed and fixed herein, the time shall be computed so as to exclude the first and include the last day of the prescribed or fixed period or duration of time. When the last day of the period falls on Saturday, Sunday or a legal holiday, that day shall be omitted from the computation.
(Ord. 2001-109. Passed 11-13-01.)