GENERAL PROVISIONS

§ 123.030 TITLE.

   This chapter shall be known and cited as the “Cable Services Regulatory Ordinance” or herein “this chapter.”

(1992 Code, § 44-3) (Ord. 104-09, passed 11-16-2009)

§ 123.031 INCORPORATION OF ORDINANCE INTO ANY FRANCHISE AGREEMENT.

   The requirements of this chapter shall apply to the full extent of the terms herein and shall be limited in scope or application only to the extent as may be required by valid applicable federal or state law, including those changes in valid applicable law as may be hereinafter enacted. The provisions of this chapter shall be deemed incorporated in each franchise granted. The failure of the city to enforce any provision herein or in a franchise or the failure of any person to comply with any provision herein or in a franchise shall not be a waiver of the city’s right to enforce the provisions.

(1992 Code, § 44-4) (Ord. 104-09, passed 11-16-2009)

§ 123.032 RIGHTS AND DUTIES.

   Any rights granted pursuant to this chapter and pursuant to any franchise authorized hereunder are subject to the authority of the city to adopt and enforce ordinances necessary to the health, safety and welfare of the public. Grantees shall be subject to and comply with all valid generally applicable ordinances enacted by the city. A grantee’s rights and duties pursuant to this chapter and a franchise may not be materially altered or impaired without grantee’s prior written consent, which shall not be unreasonably withheld except for the city’s valid exercise of its police powers.

(1992 Code, § 44-5) (Ord. 104-09, passed 11-16-2009)

§ 123.033 OPEN RECORDS LAW.

   Certain information required to be filed with the city pursuant to this chapter is subject to inspection and copying by the public pursuant to the provisions of South Dakota Open Records Law, SDCL ch. 1-27.

(1992 Code, § 44-6) (Ord. 104-09, passed 11-16-2009)

§ 123.034 ENFORCEMENT RIGHTS OF THE CITY.

   The city shall be entitled to enforce the provisions of this chapter and any franchise through all remedies lawfully available.

(1992 Code, § 44-7) (Ord. 104-09, passed 11-16-2009)

§ 123.035 NO RELATIONSHIP CREATED.

   Under no circumstances shall any franchise authorized by this chapter be construed to create any relationship of agency, partnership, joint venture or employment between the parties.

(1992 Code, § 44-8) (Ord. 104-09, passed 11-16-2009)

§ 123.036 INDEMNIFY AND HOLD HARMLESS.

   As a condition of use of the right-of-way, every grantee at its sole cost and expense shall indemnify and hold harmless city for all damages and penalties as a result of the exercise of a franchise by a grantee and as described in § 123.365.

(1992 Code, § 44-9) (Ord. 104-09, passed 11-16-2009)