§ 12.24.190 — Miscellaneous Provisions

12.24.190 - Miscellaneous Provisions.

A. No Recourse Against the City. Without limiting such immunities as the City or other persons may have under applicable law, a cable company shall have no recourse whatsoever against the City or its officers or employees for any monetary loss, costs, expense or damage arising out of any provision or requirement of this chapter or because of the enforcement of this chapter or the City's exercise of its authority pursuant to this chapter, an agreement, or other applicable law, unless the same shall be caused by criminal acts or by willful or gross negligence. B. Rights and Remedies. 1. The rights and remedies reserved to the City by this chapter are cumulative and shall be in addition to and not in derogation of any other rights and remedies which the City may have with respect to the subject matter of this chapter. 2. The City reserves to itself the right to intervene in any suit, action or proceeding involving any provision of this chapter or an agreement. 3. Specific mention of the materiality of any of the provisions herein is not intended to be exclusive of any others for the purpose of determining whether any failure of compliance hereunder is material and substantial. 4. No cable company shall be relieved of its obligation to comply with any of the provisions of this chapter or an agreement by reason of any failure of the City to enforce prompt compliance. Nor shall any inaction by the City be deemed to waive or void any provision of this chapter or an agreement. C. Amendments to this Chapter. In order to fulfill the public interest goals of this chapter, to provide additional communications service to the City through the use of cable systems and thereby to ensure the benefits which will result from such service, the City specifically reserves the right to amend this chapter to effectuate the public interest in the operation of a cable system and a cable company. A cable company shall retain its right to challenge any future exercise of the City's legislative or police powers as unlawful or substantially inconsistent with the cable company's rights under its agreement or this chapter. D. Public Emergency. In the event of a major public emergency or disaster as determined by the City or declared by the Governor of Nevada, a cable company shall immediately make the entire cable system and property, as may be necessary, available for use by the City or other civil defense or governmental agency designated by the City to operate the system for the term of such emergency or disaster for the emergency purposes. In the event of such use, a cable company shall waive any claim that such use by the City constitutes a use of eminent domain, provided that the City shall return use of the entire system and property to the cable company after the emergency or disaster has ended or has been dealt with. E. Calculation of Time. Unless otherwise indicated, when the performance or doing of any act, duty, matter or payment is required under this chapter or any agreement, and a period of time or duration for the fulfillment of doing thereof is prescribed and is fixed herein, the time shall be computed so as to exclude the first and include the last day of the prescribed or fixed period of duration time. F. No Third-party Beneficiary. It is specifically declared that it is not intended by any of the provisions of any part of this chapter to create for the public, or any member thereof, a third-party beneficiary hereunder, or to authorize anyone to maintain a suit for personal injuries or property damage pursuant to the provisions of this chapter. Any inspections or subsequent approvals undertaken by the City pursuant to this chapter are undertaken solely to ensure compliance with this chapter and are not undertaken for the safety or other benefit of any individual or group of individuals as members of the public. Provisions in this chapter dealing with inspection or approval by the City do not expand the City's general law duties. G. Notice. All notices shall be sent to the franchisee or cable service permit holder at the address indicated in the franchise or cable service permit agreement. The franchisee or permit holder shall notify the City Manager, with a copy to the City Clerk of any change of address within ten (10) working days of such occurrence. Failure to provide notification and any resulting delay in receipt of notice, shall not excuse the franchisee or permit holder from any obligation imposed by this chapter or by its franchise or cable service permit agreement, nor shall it serve as cause for reduction or removal of any fine or penalty imposed by the City. H. For any person whose activities are regulated by this chapter, the terms of this chapter and the franchise agreement or cable service permit agreement shall control in the case of any conflict between the terms of this chapter and of Chapter 12.20 of this Code. I. Effective Date. Any authorization granted after September 15, 1998, and thereafter, shall be bound by all provisions of this chapter.

(Ord. 1312 § 1 (part), 1999)