(A) A franchisee shall at all times be subject to and shall comply with all applicable law. A franchisee shall at all times be subject to all lawful exercise of the police power of the city.
(B) Subject to applicable law, except as may be provided specifically in this subchapter or under the terms of a franchise agreement and subject to the Cable Act, the failure of the city, upon one or more occasions, to exercise a right or to require compliance or performance under this subchapter or a franchise agreement shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance.
(C) The provisions of this subchapter shall be applied to franchisees in addition to the terms of any franchise agreement, and shall apply to a franchise agreement as if fully set forth in the franchise agreement. It is the intent of the city not to impair existing franchise agreements in violation of applicable law. The express terms of this subchapter will prevail over conflicting or inconsistent provisions in a franchise agreement unless such franchise agreement expresses an explicit intent to waive a requirement of this subchapter.
(D) Except as to matters that are governed by federal law or regulation, a franchise agreement will be governed by and construed in accordance with the laws of the state.
(E) In the event of any change in law which would require the city to amend this subchapter, the city and a franchisee may modify an existing franchise in a mutually agreed upon manner.
(Ord. 1406, passed 5-15-02)