A. Compliance With Laws: The operator and the City shall conform to all State and Federal laws and rules regarding cable television as they become effective, unless otherwise stated. The operator shall also conform with all the City ordinances, resolutions, rules and regulations heretofore or hereafter adopted or established during the entire term of this Chapter.
B. Continuity Of Service Mandatory: Upon expiration or the termination of a franchise, the City may require the operator to continue to operate the system for an extended period of time not to exceed six (6) months. The operator shall, as trustee for its successor in interest, continue to operate the system under the terms and conditions of this Chapter. In the event the operator does not so operate the system, the City may take such steps as it, in its sole discretion, deems necessary to assure continued service to subscribers.
C. Work Performed By Others:
1. The operator shall, upon request, give notice to the City specifying the names and addresses of any other entity, other than the operator, which performs services pursuant to this Chapter, provided, however, that all provisions of this Chapter shall remain the responsibility of the operator, and the operator shall be responsible for and hold the City harmless for any claims or liability arising out of work performed by persons other than the operator pursuant to subsection 1-12-10F of this Chapter.
2. All provisions of this Chapter shall apply to any subcontractor or others performing any work or services pursuant to the provisions of this Chapter.
D. Compliance With Federal, State And Local Laws:
1. If any Federal or State law or regulation requires or permits the operator to perform any service or act or shall prohibit the operator from performing any service or act which may be in conflict with the terms of this Chapter, then as soon as possible following knowledge thereof, the operator or City shall notify the other of the point of conflict believed to exist between such law or regulation. The operator shall at all times comply with all applicable laws and ordinances enacted by the City.
2. If any term, condition or provision of this Chapter or the application thereof to any person or circumstance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof and the application of such term, condition or provision to persons or circumstances other than those as to whom it shall be held invalid or unenforceable shall not be affected thereby, and this Chapter and all the terms, provisions and conditions hereof shall, in all other respects, continue to be effective and to be complied with. In the event that such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision which had 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 operator and the City.
E. Nonenforcement By City: The operator shall not be relieved of its obligation to comply with any of the provisions of this Chapter by reason of any failure of the City to enforce prompt compliance.
F. Force Majeure: Whenever a period of time is provided for in this Chapter for either the City or an operator to do or perform any act or obligation, neither party shall be liable through causes beyond the control of such party, such as unavoidable delays in the issuance of utility company permits, licenses, authorizations and approvals; delays caused by utility company work required to be completed prior to activation; war; riot; insurrection; rebellion; strike; lockout; unavoidable casualty or damage to personnel, materials or equipment; fire; flood; storm; earthquake; tornado; orders of a court of competent jurisdiction; or any act of God, and upon the occurrence of any such event, that time period shall be extended for the amount of time said party is so delayed.
G. Miscellaneous Violations:
1. From and after the acceptance of this Chapter, it shall be unlawful for any person to establish, operate or to carry on the business of distributing to any persons in the City any television signals or radio signals by means of a system using public rights of way unless a permit therefor has first been obtained pursuant to the provisions of this Chapter, and unless such permit is in full force and effect.
2. From and after the acceptance of this Chapter, it shall be unlawful for any person to construct, install or maintain within any street in the City, or within any other public property of the City, or within any privately owned area within the City which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision map approved by the City, or the City's Official Map or the City's major thoroughfare plan, any equipment or facilities for distributing any television signals or radio signals through a system, unless a permit authorizing such use of such street or property or areas has first been obtained.
H. Emergency Use: In the case of any emergency or disaster, the operator shall, upon request of the City, make available its system and related facilities to the City for emergency use during the emergency or disaster period.
I. Controlling Law: This Chapter shall be construed and enforced in accordance with the substantive laws of the State.
J. Captions: The catchlines 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.
K. 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 during 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. 99-2, 4-5-1999, eff. 4-19-1999)