Greenfield Municipal Code Art. XIII Miscellaneous Provisions

Notwithstanding any other provisions of this chapter to the contrary, grantee shall at all times comply with all laws and regulations of the state and federal government or any administrative agencies thereof, provided, however, if any such state or federal law or regulation shall require grantee to perform any service, or shall permit grantee to perform any service, or shall prohibit grantee from performing any service, in conflict with the terms of this chapter or of any law or regulation of grantor, then as soon as possible following knowledge thereof, grantee shall notify grantor of the point of conflict believed to exist between such regulation or law and the laws or regulations of grantor of this chapter.

(Ord. 322 § 13.01, 1986)

If any provision of this chapter or any related agreements is held by any court or by any federal, state, or local agency of competent jurisdiction, to be invalid as conflicting with any federal, state or local law, rule or regulation now or hereafter in effect, or is held by such court or agency to be modified in any way in order to conform to the requirements of any such law, rule or regulation, and if said provision is considered material, said provision shall be considered a separate, distinct and indpendent part of this chapter, and such holding shall not affect the validity and enforceability of all other provisions hereof. In the event that such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed, so that the provision hereof or thereof which had been held invalid or modified is no longer in conflict with the law, rules and regulations then in effect, said provision shall thereupon return to full force and effect and shall thereafter be binding on the parties hereto, provided that grantor shall give grantee thirty days written notice of such change before requiring compliance with said provision.

(Ord. 322 § 13.02, 1986)

If any nonmaterial section of this chapter is held to be invalid or pre-empted by federal, state or county regulations or laws, grantor shall negotiate with grantee appropriate modifications to the franchise to provide reasonable relief from such invalidity or pre-emption. If the parties are unable to reach agreement on such modifications, then the dispute shall be submitted to a mutual agreeable arbitrator, in accordance with state law, who shall determine what modifications are appropriate. The arbitrator's decision shall be binding on the parties, provided, that no decision of the arbitrator shall require grantor or grantee to be in violation of any federal or state law or regulation. Each party shall bear its respective costs for such arbitration.

(Ord. 322 § 13.03, 1986)

Minimum public notice of any public meeting relating to the franchise shall be by publication at least once in a newspaper of general circulation in the area at least ten days prior to the meeting and posting at the offices of grantor.

(Ord. 322 § 13.04, 1986)

A. No person, whether or not a subscriber to the cable communications sytem may intentionally or knowingly damage or cause to be damaged any wire, cable, conduit, equipment and apparatus, or appurtenances of grantee with the intent to obtain a signal or impulse from the cable communications system without authorization and compensation to grantee, or to obtain cable television or other communications services with intent to cheat or defraud grantee of any lawful charge to which it is entitled.

B. Any person convicted of violating any provision of this section is subject to a fine of not more than that authorized under federal law, and such incident shall corne under the appropriate court of jurisdiction for review and due process.

(Ord. 322 § 13.05, 1986)

Upon written request and during normal business hours, grantor, its agents or officers shall have the right to audit grantee's books

and records which, in grantor's opinion, are reasonably necessary to verify the amount due or paid to grantor under the franchise. Such audit shall take place within twelve months following the close of grantee's fiscal years. Grantee shall reimburse grantor for up to two hundred dollars of grantor's out-of-pocket and professional service expenses that are substantiated and directly related to the financial record audit. The request for implementation of an audit shall be based upon a reasonable need as determined by the facts involved.

(Ord. 322 § 13.06, 1986)

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

(Ord. 322 § 13.07, 1986)

All notices, requests, demands and other communications called for or contemplated hereunder shall be in writing and shall be deemed to have been duly given when delivered or, if mailed, ten days after the date of mailing by United States certified or registered mail, prepaid, addressed to the parties, their permitted successors in interest or assignees at the following addresses provided in the franchise agreement or at such other addresses as the parties may designate by written notice in the manner aforesaid.

(Ord. 322 § 13.08, 1986)