(a) Limits on Grantee's Recourse.
(1) Except as expressly provided in this chapter and the franchise agreement, the grantee shall have no recourse against the City for any loss, expenses or damage resulting from the terms and conditions of this chapter or the franchise agreement or because of the City's enforcement thereof nor for the City's failure to have the authority to grant the franchise. The grantee expressly agrees that upon its execution of the franchise agreement it does so relying upon its own investigation and understanding of the power and authority of the City to grant such franchise.
(2) The grantee by executing the franchise agreement acknowledges that it has not been induced to execute the same by any promise, verbal or written, by or on behalf of the City or by any other third person regarding any term or condition of this chapter or the franchise agreement not expressed therein.
(b) Compliance with and Modifications of Federal, State and Local Law and FCC Rules and Regulations. The grantee shall at all times comply with all laws, or ordinances, rules and regulations of the City, the State and the federal government in the construction and operation of its cable television system. All rules and regulations of the Federal Communications Commission or appropriate State agencies having regulatory jurisdiction over cable franchises and operations as now enacted or subsequently amended are incorporated herein by reference. The City shall take such additional action as is necessary to formally incorporate in this chapter any modifications required by amendment of applicable City, federal and State laws, or of the rules and regulations of the Federal Communications Commission governing cable television within one year of their adoption or at the time of franchise renewal, whichever occurs first.
(c) Franchise Validity. The grantee agrees, by the acceptance of the franchise, to accept the validity of the terms and conditions of this chapter and the franchise agreement in their entirety and that it will not, at any time proceed against the City in any claims or proceeding challenging any term or provision of this chapter or the franchise agreement as unreasonable, arbitrary or void or that the City did not have the authority to impose such term or condition.
(d) Failure to Enforce Franchise. The grantee shall not be excused from complying with any of the terms and conditions of this chapter or the franchise agreement by any failure of the City, upon any one or more occasions, to insist upon the grantee's performance to seek the grantee's compliance with any one or more of such terms or conditions.
(e) Rights Reserved to the City. The City hereby expressly reserves the following rights:
(1) To exercise its governmental powers, now or hereafter to the full extent that such powers may be vested in or granted to the City.
(2) To adopt, in addition to the provisions contained herein and in the franchise agreement and in any existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of its police power provided that such regulations, by ordinance or otherwise, shall be reasonable.
(f) Rights Reserved to the Grantee. Nothing herein shall be construed to prohibit the grantee from requesting a waiver of any State or federal rule or regulation provided that such request first receives prior approval of the City.
(g) Employment Requirements. The grantee shall not refuse to hire, nor discharge from employment, nor discriminate against any person regarding compensation, terms, conditions or privileges of employment because of sex, race, color, creed or national origin. The grantee shall take affirmative action to insure that employees are treated during employment without regard to their sex, race, color, creed or national origin. This condition includes, but is not limited to the following: recruitment advertising, employment interviews, employment, rates of pay, upgrading, transfer, demotion, lay-off or termination.
(h) Arbitration. The grantee shall be required to submit all matters in dispute with the City under this chapter and franchise agreement to arbitration in all cases where the judgment of a court of law would be sought except when the grantee arbitrarily and capriciously discontinues service to its subscribers in which event the conditions and remedies provided for in Section 757.03(g) shall apply. Such matters shall be determined and settled by a panel of three persons sitting as arbitrators under the rules of the American Arbitration Association. One arbitrator shall be selected by the grantee, the second arbitrator shall be selected by the Mayor and the third arbitrator shall be chosen by the two already selected. The fee of the arbitrators shall be fixed by the American Arbitration Association and expenses of the arbitration shall be borne by the parties as the arbitrator shall determine. The decision of the arbitrators shall be reduced to judgment as provided by Ohio statutes.
(i) Time Essence of Agreement. Whenever this chapter or the franchise agreement sets forth any time for any act to be performed by or on the behalf of the grantee, such time shall be deemed of the essence and the grantee's failure to perform within the time allotted shall, in all cases, be sufficient grounds for the City to invoke the remedies available under the terms and conditions of this chapter and the franchise agreement.
(j) Execution and Acceptance. The execution of the franchise agreement by the grantee shall constitute acceptance of the terms and conditions imposed by this chapter. The execution of the franchise agreement shall take place within fifteen days following written notification to the grantee by the City that the City has enacted an ordinance granting or renewing a franchise for the construction and operation of a cable television system within the City.
(k) Publication Costs. The grantee shall assume the cost of publication of this chapter and any amendments thereof. A bill for such costs shall be payable to the City upon receipt by the grantee.
(l) Franchise Agreement. The right to operate pursuant to this chapter shall be granted to specific grantees by way of a franchise agreement incorporating by reference the terms and conditions of this chapter. If the franchise agreement in any way, directly or indirectly, conflicts with the terms and conditions of this chapter the terms and conditions of this chapter shall prevail.
(m) Interpretation. Notwithstanding any provision of this chapter to the contrary, the City shall be the interpreter of the terms and conditions of this chapter and the judge of the performance thereunder by the grantee. Unless deemed otherwise by arbitration as described in Section 757.06(g), all decisions by the City shall be final.
(n) Emergency Cablecasting Authority.
(1) During any legally declared local, regional or national emergency the Mayor or the Chief of the Fire or Police Department shall have the right and authority to interrupt the regular television programs carried on the grantee's cable television system to transmit information deemed vital to the public interest.
(2) The City shall have the right to require the grantee to install, at the grantee's antenna site, and at the City's expense, the equipment required to permit the interruption of all regular television programs in order to transmit from such location, on all channels simultaneously, the grantee's subscribers during an emergency.
(o) Severability. If any section of this chapter or the franchise agreement or any portion thereof, is held invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof.
(p) Notices. Any notices, requests, instructions or other documents to be given hereunder, shall be in writing and shall be sent by certified mail, return receipt requested.
(q) Effective Date. This chapter shall take effect and be in force from and after the earliest period allowed by law.
(Ord. 76-146. Passed 12-13-76.)