§ 15-24. Miscellaneous provisions.

(1)

Rate regulation. The city reserves the right to regulate rates for basic cable service and any other services offered over the cable system, to the extent permitted by federal or state law. Grantee shall be subject to the rate regulation provisions provided for herein, and those of the Federal Communications Commission (FCC) at 47 C.F.R., Part 76.900, Subpart N. The city shall comply with the rules relating to cable rate regulation promulgated by the FCC at 47 C.F.R., Part 76.900, Subpart N.

(2)

Rights reserved to grantor. Upon either final nonappealable determination of nonrenewal or revocation of this franchise, grantor shall have discretion to permit grantee by mutual consent to continue to operate the cable system for an extended period of time agreed upon by the parties. Any such operation of the system by grantee shall be in accordance with the terms and conditions of this franchise, and shall provide the regular subscriber service and any and all of the services that may be provided at that time.

(3)

Publication of notices. All public notices or ordinances required to be published by law shall be published in the local newspaper of record as identified by the city. Grantee shall pay all costs for publication that may be required of this franchise ordinance and any amendments thereto.

(4)

Severability. If any material section of this franchise is held by a governmental authority of competent jurisdiction, to be invalid or unlawful as conflicting with applicable laws now or hereafter in effect or is held by a court or competent governmental authority to be modified in any way in order to conform to the requirements of any such applicable laws, such provision shall be considered a separate, distinct, and independent part of this franchise, and, to the extent possible, such holding shall not affect the validity and enforceability of all other provisions hereof.

(5)

Force majeure. In the event grantee's performance of any of the terms, conditions, obligations or requirements of this franchise is prevented or impaired due to any cause beyond its reasonable control or not reasonably foreseeable, such inability to perform shall be deemed to be excused and no penalties or sanctions shall be imposed as a result thereof. Such causes beyond grantee's reasonable control or not reasonably foreseeable shall include, but shall not be limited to, acts of God, civil emergencies and labor unrest or strikes, untimely delivery of equipment, inability of grantee to obtain, without cost, access to an individual's property, and inability of grantee to secure all necessary permits to utilize utility poles and conduit so long as grantee made all reasonable efforts to ensure that required equipment, parts, components, personnel and proprietary activity was ordered, hired, paid for, scheduled, checked, approved, and/or facilitated.

(Ord. No. 6281, §§ 1, 2, 7-16-02)