(A) Interpretation. The city expressly reserves the right to interpret the terms of its own ordinances. The city’s adoption of law from other jurisdictions shall not imply the city’s adoption of any prior, present or subsequent interpretation of that other jurisdiction’s law. These interpretations may be instructive, but not binding on the city.
(B) Amendment. The city expressly reserves the right to amend this subchapter at any time. Nothing in this section shall be construed to excuse the city or franchisee from complying with changes in state law. An ordinance amendment shall not be effective upon any existing franchise agreement unless the franchisee consents in writing; this consent shall not be unreasonably withheld.
(C) Controls over franchise agreements. The City Council or its designee is the sole interpreter of this subchapter. This subchapter shall control over any conflict with any franchise granted hereunder.
(D) Non-waiver; modification. Failure by city to enforce any provision of this subchapter does not constitute city’s continuing waiver of that provision, any other provision or the entire subchapter. The rights and duties under this subchapter shall not be modified, delegated, transferred or assigned, except upon written signed consent of city. The city’s waiver of any ordinance or contract provision shall occur, if at all, only upon a written resolution or other appropriate City Council action. Any waiver shall be recorded in the minutes of the next available City Council meeting or subsequent meeting before that waiver shall be effective.
(Prior Code, § 50.13) (Ord. 1155, passed 6-1-1998)