§ 35.5-12. Miscellaneous provisions.

(a)

Compliance with laws. The grantee shall comply with all federal and state laws, as well as all ordinances, resolutions, rules, and regulations of the grantor heretofore or hereafter adopted or established during the entire term of the franchise including but not limited to all zoning and subdivision regulations.

(b)

Severability. If any provisions of this article or franchise adopted hereunder is held to be invalid or preempted by federal or state regulations or laws, such findings or pre-emption shall not affect the remaining provisions of this article which can reasonably be given effect, except as provided in subsection (f) below.

(c)

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.

(d)

Public purpose. All of the provisions this chapter are hereby declared to be for a public purpose and the health, safety, and welfare of the general public, consistent with the maximum permissible exercise of the parish's general, home rule charter and police powers. Any member of the governing body or parish official or employee charged with the enforcement of this chapter, acting for the grantor in the discharge of his or her duties, shall not thereby render himself personally liable; and he or she is hereby relieved from all personal liability or any damages that might accrue to persons or property as a result of any act required or permitted in the discharge of his or her said duties.

(e)

Nonenforcement by the grantor. The grantee shall not be relieved of its obligation to comply with any of the provisions of the franchise by reason of any failure of the grantor to enforce prompt compliance.

(f)

Subsequent action by state of federal agencies. Should the State of Louisiana, the LPSC, the FCC or any other agency of the state or federal government subsequently require the grantee to perform or cease to perform any act which is inconsistent with any provisions of the franchise, the grantee shall so notify the grantor. Upon receipt of such notification, the grantor, after consultation with the grantee, shall determine if a material provision of the franchise is affected. Upon such determination, the grantor in consultation with the grantee, shall have the right to modify or amend any of the sections of the franchise to such reasonable extent as may be necessary to carry out the full intent and purpose of the franchise. The grantor may terminate the franchise in the event the grantor determines that substantial and material compliance with the original proposed terms of the franchise has been frustrated by such state or federal requirements. In such event, grantee's rights are reserved to pursue whatever remedies it may have, and to comply with the duties and obligations which may be imposed upon it by such state or federal law.

(g)

Causes beyond reasonable control. In the event grantee's performance of any of the terms, conditions, obligations, or requirements of the 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 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. Grantee shall notify the director whenever performance is prevented or impaired.

(h)

Non-waiver of regulatory authority. Nothing in this article shall be deemed to constitute waiver or limitation of any powers of supervision, regulation and control of the Parish of Jefferson.

(i)

Applicability of Article II and III. The provisions of this article and of any franchise granted under this article with regard to termination and renewal of franchises shall not limit or impair the ability of the parish to enforce any provision pursuant to any procedure ordained in Article II and Article III of this chapter.

(Ord. No. 20914, § 1, 3-15-00; Ord. No. 20991, § 5, 6-28-00; Ord. No. 22754, § 1G, 5-17-06)