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ORDINANCE NO. 2000- 38 PAGE 32 authority, or the delegation of such authority to any Village employee or agent, shall not relieve the Grantor, acting through its Village Council, of its ultimate authority and responsibility as Grantor hereunder and that all final determinations required hereunder to be made by the Grantor shall be made by the Village Council as provided by law. (b) Grantee shall not be relieved of its obligations to comply, promptly and completely, with any provision of this franchise by any failure of the Grantor to promptly enforce compliance with any franchise agreement. §945.36 CONFLICTS. In the event of a conflict between any provision of this chapter and a franchise agreement entered pursuant to it, the provisions of this chapter shall control, except as may be specifically otherwise provided in the franchise agreement. §945.37 SEVERABILITY. If any provision of this chapter or any franchise agreement executed subject to it is held by any court or by any federal, state or county agency of competent jurisdiction to be invalid as conflicting with any federal or state 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, such provision shall be considered a separate, distinct, and independent part of this chapter, and such holding shall not affect the validity and enforceability of all other provisions hereof all of which shall remain in full force and effect for the term of any franchise agreement, or renewal or renewals thereof. In the event of such determination by a court of competent jurisdiction, the Grantor or Grantee shall have the option to amend the parts of the franchise agreement related to the affected sections. In the event that such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed, so that the provision hereof which had been held invalid or modified is no longer in conflict with such law, rule or regulation, said provision shall thereupon return to full force and effect and shall thereafter be binding on Grantor and Grantee, provided that Grantor shall give Grantee 60 days written notice of such change before requiring compliance with said provision or such longer period of time as may be reasonably required for Grantee to comply with such provision. SECTION 2. The Council finds and determines that all formal actions of this Council relating to the adoption of this Ordinance have been taken at open meetings of this Council; and that deliberations of this Council and of its committees, resulting in such formal action, took place in meetings open to the public, in compliance with all statutory requirements including the requirements of Section 121.22 of the Ohio Revised Code: SECTION 3. This Ordinance is hereby declared to be an emergency measure immediately necessary for the health, safety and welfare of the residents of Mayfield Village, Ohio. It shall, therefore, take effect immediately upon the passage by the affirmative vote of not less than five (5) members elected to Council and approval by the Mayor or otherwise at the earliest time allowed by law.