Principles concerning the construction and interpretation of this chapter shall be as follows:
A. All ordinances or parts thereof in conflict with the provisions of this chapter are to that extent hereby repealed.
B. If any provision of this chapter or the application thereof is for any reason held invalid, illegal, unconstitutional or unenforceable, such holding shall not affect the remainder of this chapter to any extent, each provision of this chapter being a separate, distinct and independent part.
C. In connection with all actions and decisions to be taken or made under this chapter by the municipality or the company, due consideration shall be given the respective interests of the municipality, the company, subscribers and potential subscribers. Actions and decisions shall include, but not be limited to, increasing rates or otherwise amending this chapter. The interests of potential subscribers, except for potential subscribers who have not refused system service or have not let lapse the time provided in subsection 7-4-5A of this chapter, shall be secondary to the interests of the municipality, the company and subscribers.
D. To the extent that any fee or monetary payment by the company or another person under this chapter shall be declared or found to be excessive as relates to a license or franchise, such fees or monetary payments shall be considered to be taxes.
E. Words in the present tense include the future.
F. Words importing the singular number may extend to and include plural, words importing the plural number may extend to and include the singular, and words in the masculine gender shall include the female gender.
G. The company shall not be excused from complying with any of the terms, conditions and provisions of this chapter by any failure of the municipality upon any one or more occasions to insist upon or to seek compliance with any such terms, conditions or provisions.
H. The specification in this section of principles to apply in the construction and interpretation of this chapter shall not be a limitation as to others.
I. Whenever this chapter shall set forth any time for any act to be performed by or on behalf of the company, such time shall be deemed of the essence and any failure of the company to perform within the time allotted shall always be sufficient grounds for the municipality to terminate, cancel and revoke the grant or use other remedies. (Ord. 1000, 4-8-1985)