§ 34-20. Miscellaneous provisions.

(a)

Captions. The captions to sections throughout this chapter are intended solely to facilitate reading and reference to the sections and provisions of this chapter. Such captions shall not affect the meaning or interpretation of this chapter.

(b)

Severability. If any section, sentence, paragraph, term or provision of this chapter is determined to be illegal, invalid or unconstitutional upon final adjudication by any court of competent jurisdiction, or by any state or federal regulatory agency having jurisdiction thereof, such determination shall have no effect on the validity of any other section, sentence, paragraph, term or provision hereof, all of which will remain full force and effect.

(c)

Effective date. This chapter shall take effect and be in force from the date of adoption.

(d)

No waiver of rights. No course of dealing between the grantee and the city nor any delay on the part of the city in exercising any rights hereunder shall operate as a waiver of any such rights of the city or acquiescence in the actions of the grantee in contravention of rights except to the extent expressly waived by the city or expressly provided for in the franchise.

(e)

Limitation on use of financial commitments. As may be specified in a franchise, any financial commitments obtained by the grantee which have been confirmed to the city pursuant to the franchise shall be used solely in connection with the construction, operation or maintenance of the cable communications system or the grantee's performance of the terms, obligations, and conditions of this chapter and the franchise.

(f)

Effect of pending litigation. In the absence of a stay or other similar remedy granted by a court or administrative agency of competent jurisdiction, no pending litigation or appeal to any regulatory body or court having jurisdiction over the grantee shall excuse the grantee from the performance of its obligations under this chapter or the franchise. Failure of the grantee to perform such obligations because of pending litigation or petition may result in forfeiture or revocation pursuant to the provisions of this section.

(g)

Conflict. All ordinances and parts of ordinances in conflict herewith are hereby repealed.

(Ord. No. 2009-51.1(94-O-1777), § 20.0, 11-28-94)