CABLE TELEVISION SERVICES AND OTHER VIDEO SERVICE PROVIDERS

Las Vegas Municipal Code tit. 6, ch. 6.20

in effect

Las Vegas Municipal Code § 6.20.010 Definitions—General.

6.20.010 - Definitions—General. For the purposes of this Chapter, the following definitions shall apply, unless the context clearly requires otherwise: "Cable operator" has the same meaning as that term is defined in NRS 711.024, as amended. "Cable service" has the same meaning as that term is defined in NRS 711.025, as amended. "Cable system" has the same meaning as that term is defined in NRS 711.026, as amended. "Certificate of authority" and "certificate" have the same meanings as those terms are defined in NRS 711.027, as amended. "City" means the City of Las Vegas, a municipal corporation of the State of Nevada. "City Council" means the legislative body of the City. "City Manager" means the City Manager appointed by the City Council, or his or her designee. "Code" means the official code of all of the City's ordinances of a general and permanent character, as may be adopted and amended by the City Council. "Community antenna television company" has the same meaning as that term is defined in NRS 711.030, as amended. "Community antenna television system" has the same meaning as that term is defined in NRS 711.040, as amended. "Facility" or "facilities" means all antennae, poles, wires, cables, conduits, amplifiers, instruments, appliances, fixtures and other personal property used by any authorized user of the rights-of-way for the provision of authorized services within the City. "Franchise fee" means the business license fee imposed by the City on a video service provider for the privilege of providing video service. "Gross revenue" has the same meaning as that term is defined in NRS 711.066, as amended. "Public Works Director" means the Director of the City's Public Works Department, or his or her designee. "Rights-of-way" means all present and future streets, avenues, highways, alleys, bridges and public ways (excluding railroad rights-of-way) of the City within City limits. "Service area" has the same meaning as that term is defined in NRS 711.105, as amended. "Subscriber" has the same meaning as that term is defined in NRS 711.115, as amended. "Telecommunication" has the same meaning as that term is defined in NRS 711.125, as amended. "Telecommunication provider" has the same meaning as that term is defined in NRS 711.131, as amended. "Telecommunication service" has the same meaning as that term is defined in NRS 711.135, as amended. "Video service" has the same meaning as that term is defined in NRS 711.141, as amended. "Video service network" has the same meaning as that term is defined in NRS 711.145, as amended. "Video service provider" and "VSP" have the same meaning as the term "video service provider" is defined in NRS 711.151, as amended. (Ord. 5989 § 3, 2008)

Las Vegas Municipal Code § 6.20.020 Definitions—Terms not defined in this chapter.

6.20.020 - Definitions—Terms not defined in this chapter. Unless the context clearly requires otherwise, words that are not defined in this chapter shall be given the meanings set forth in NRS Chapter 711, as amended, or in Title 47 of the United States Code, as amended, and if not defined therein, their common and ordinary meanings. (Ord. 5989 § 4, 2008)

Las Vegas Municipal Code § 6.20.030 Compliance.

6.20.030 - Compliance. A VSP shall at all times comply with all applicable Federal, State and local laws, rules and regulations concerning the provision of video service, including all applicable Federal Communications Commission, Nevada Public Utilities Commission and Nevada Secretary of State rules, regulations and orders. (Ord. 5989 § 5, 2008)

Las Vegas Municipal Code § 6.20.040 Certificate of authority.

6.20.040 - Certificate of authority. It is unlawful for any VSP to construct or operate a video service network within the City or to provide video service to subscribers within the City unless the VSP is a holder of a certificate of authority issued by the Nevada Secretary of State that includes service areas within the City. (Ord. 5989 § 6, 2008)

Las Vegas Municipal Code § 6.20.050 Franchise agreement—Exemption.

6.20.050 - Franchise agreement—Exemption. A VSP that provides telecommunication service within the City, pursuant to the VSP's certificate of authority and over the VSP's video service network, shall not be required to obtain a separate franchise agreement from the City for such telecommunication service. (Ord. 5989 § 7, 2008)

Las Vegas Municipal Code § 6.20.060 Reports and records.

6.20.060 - Reports and records. (A) If a VSP that was not an incumbent cable operator prior to July 1, 2007 intends to construct facilities within the City pursuant to a certificate of authority, the VSP shall, until it has constructed all the facilities intended for the City, submit to the City a semiannual report which describes the number of service locations within the City that are capable of receiving video service from the VSP. The VSP shall submit such report no later than the tenth business day in January and July of each year. The information contained in such report shall not be deemed to be a public record and shall not be disclosed to any person other than an officer or employee of the City unless the VSP consents to the disclosure or unless the disclosure is otherwise required by NRS 711.600, as amended. (B) All other information and reports submitted to the City pursuant to this Chapter that are not mentioned in Subsection (A) of this Section shall, if required by Nevada's Public Records Law, NRS Chapter 239, as amended, be subject to public inspection and copying. (Ord. 5989 § 8, 2008)

Las Vegas Municipal Code § 6.20.070 Business license—Payment of fees.

6.20.070 - Business license—Payment of fees. (A) At all times during which a VSP is authorized to provide video service within the City pursuant to a certificate of authority, the VSP shall maintain a valid unexpired business license specific to its video service business. (B) At all times during which a VSP provides telecommunication service within the City, the VSP shall maintain a valid unexpired business license specific to its telecommunication business as provided in Chapter 6.67 of this Code. The VSP shall pay all business license fees due from its telecommunication service business separately from the payment of the business license fees due from its video service business. (C) In addition to the business licenses required by Subsections (A) and (B) of this Section, a VSP shall at all times maintain all other business licenses specific to any of the VSP's business activities other than those of providing video service and telecommunication service, as such other business activities are specified in this Code; provided that nothing in this Section shall be construed to require a separate business license for the provision of "information service," as that term is defined in 47 U.S.C. 153(20), as amended. The VSP shall pay all license fees due from such other businesses separately from the payment of fees due from its video service and telecommunication service businesses. (D) In addition to payment of the fees specified in Subsections (A) through (C) of this Section, a VSP shall pay all lawful property taxes, ad valorem taxes and local improvement district assessments, and all exactions, fees and charges that are generally applicable during the VSP's real property development or use as required by this Code. (E) Acceptance by the City of any payment due under this Section shall not be deemed to be a waiver by the City of any breach of the VSP's obligations under its certificate of authority or applicable law, and such acceptance shall not preclude the City from later establishing that a larger amount was actually due or from collecting such balance. (Ord. 5989 § 9, 2008)

Las Vegas Municipal Code § 6.20.080 Franchise fees.

6.20.080 - Franchise fees. (A) A VSP shall pay, on a quarterly basis, a franchise fee of five percent of the VSP's gross revenue from its video service subscribers within the City. Each payment shall be for the preceding calendar quarter, shall be due no later than the fifteenth day of February, May, August and November, and shall be applied to the VSP's video service business license fee. (B) A VSP shall submit a written report with each quarterly payment of franchise fees providing in reasonable detail a summary of its revenue categories for that quarter and how the franchise fees were calculated. (C) If a VSP fails to pay a franchise fee as required by this Section, the VSP shall pay a penalty of two percent per month (or any portion thereof) of the delinquent amount until such time as payment in full is received by the City. (D) A VSP may pass the franchise fee through to its subscribers within the City based on the gross revenue received from each such subscriber and may designate the amount of the franchise fee as a separate line item on the subscriber's bill. (Ord. 5989 § 10, 2008)

Las Vegas Municipal Code § 6.20.090 Franchise fees—Review/Audit.

6.20.090 - Franchise fees—Review/Audit. (A) Not more than once every three years, the City may, upon forty-five days' written notice to a VSP, review and audit the business records of a VSP to ensure payment of all franchise fees due pursuant to the VSP's certificate of authority and this Chapter. If the results of such a review and audit identify an underpayment of franchise fees in an amount that requires corrective action, the City may perform a subsequent compliance review and audit to determine whether the VSP has corrected the underpayment of fees. The compliance review and audit must be performed not later than twelve months after the date on which the results of the initial review and audit are finalized. (B) A VSP shall keep complete and accurate business records concerning the franchise fees due pursuant to its certificate of authority for a period of at least four years or, if such period is greater, until such time as the City has completed any pending audit through the payment of all fees determined by the City to be due or through the resolution of any disputed amounts pursuant to NRS 711.680, as amended. The City may review and audit all records concerning the VSP's revenue that may reasonably be considered by the City to be subject to a franchise fee. The VSP shall make the requested records available to the City for purposes of conducting its review and audit within forty-five days after receiving the City's written request for such books and records. (C) If the City determines that any amounts are due as a result of a review and audit pursuant to this Section, it shall give the VSP written notice of the amounts determined to be due and the basis for determining such amounts were due. The VSP shall pay all such amounts in full within thirty days following receipt of the City's notification, subject to the VSP's rights to contest the City's determination pursuant to NRS 711.680, as amended. (D) The City and the VSP shall each pay its own costs and fees relating to a review and audit of the VSP pursuant to this Section; provided that if the VSP elects to have the City review and audit the requested business records at a location outside the City, the VSP shall pay the per diem allowances and travel expenses incurred by the City to perform the review and audit at that location. (Ord. 5989 § 11, 2008)

Las Vegas Municipal Code § 6.20.100 Rights-of-way—Nondiscrimination.

6.20.100 - Rights-of-way—Nondiscrimination. The requirements set forth in Sections 6.20.010 through 6.20. 220 of this Chapter shall be construed and applied by the City in a competitively neutral manner that does not discriminate among VSP's or as between VSP's and any other users of the rights-of-way for the construction and operation of facilities. (Ord. 5989 § 12, 2008)

Las Vegas Municipal Code § 6.20.110 Rights-of-way—Disabilities.

6.20.110 - Rights-of-way—Disabilities. A VSP shall install all of its facilities in the rights-of-way in a manner consistent with the Americans with Disabilities Act ("ADA"), including any reconstruction or modification of existing facilities. Following notice by the City of an ADA violation or construction problem caused directly or indirectly by a VSP, the VSP shall, within thirty days or such other time as the Public Works Director reasonably determines to be appropriate, remedy the ADA violation or problem. (Ord. 5989 § 13, 2008)

Las Vegas Municipal Code § 6.20.120 Rights-of-way—Permits—Repairs.

6.20.120 - Rights-of-way—Permits—Repairs. (A) The City may require a VSP to obtain a construction, encroachment or occupancy permit for any work in the rights-of-way, may inspect any construction, installation, maintenance or repair work performed in the rights-of-way, and may charge a VSP a fee to issue such permit or to perform such inspection. The City shall act upon any request by a VSP for a permit no later than ten business days after the date on which the request is made. (B) If there is an emergency requiring immediate response work or repair in, on, under or over any rights-of-way, a VSP may begin such work or repair without first obtaining a permit; provided that the VSP shall notify the Public Works Director as promptly as is reasonably possible after learning of the need for the emergency work, shall subsequently obtain any permit that otherwise would have been required for non-emergency work, shall pay all applicable fees for such permit, and shall restrict any work performed in the rights-of-way prior to obtaining a permit to emergency work and repairs. (C) The amount of any permit or inspection fee under this Section or Section 6.20.130 of this Chapter shall not exceed the actual costs incurred by the City in administering the process of issuing such permits and performing such inspections. (Ord. 5989 § 14, 2008)

Las Vegas Municipal Code § 6.20.130 Rights-of-way—Motor vehicle traffic.

6.20.130 - Rights-of-way—Motor vehicle traffic. Before a VSP may conduct any underground work involving excavation, new construction or relocation work in the rights-of-way which will block one or more lanes of motor vehicle traffic, the VSP shall: (A) Notify the City and comply with any special conditions relating to location, scheduling, coordination and public safety; (B) Apply for and obtain a permit from the Public Works Director; (C) Submit and obtain approval of a traffic barricade plan; (D) File maps and drawings showing the location of any construction or extension of its facilities in the rights-of-way; for conduit, the maps and drawings shall show the size, location, burial depth and configuration of the conduit, the trench backfill material and width, and the method of pavement restoration; (E) Participate in the "Call Before You Dig" program set forth in NRS Chapter 455, as amended, with regard to giving and receiving notice of the location of facilities and excavations; (F) Pay all permit fees; and (G) Provide security and proof of insurance as required by this Chapter. (Ord. 5989 § 15, 2008)

Las Vegas Municipal Code § 6.20.140 Rights-of-way—Construction requirements—Precautions.

6.20.140 - Rights-of-way—Construction requirements—Precautions. (A) In using the rights-of-way for its facilities, a VSP shall comply with the following requirements: (1) All construction work in the rights-of-way performed by or on behalf of a VSP shall be performed in a safe manner subject to the approval of the Public Works Director and in accordance with all applicable laws, rules, regulations and permitting requirements related to public safety or the use of the rights-of-way. When the public improvement designs prepared by a VSP are not covered by, or are not at least minimally compliant with, the improvement standards adopted in Title 13 of this Code, plans and specifications for construction, reconstruction, installations and repairs of public improvements must bear the seal of a Nevada registered professional engineer. (2) The VSP shall not place any facilities on, over or within the median portion of any boulevard or parkway without the prior written consent of the Public Works Director. (3) The VSP shall not place any of its above-ground facilities in any sidewalk area in the rights-of-way without the prior written consent of the Public Works Director. (4) A VSP shall not attach any of its facilities to any City-owned facilities unless the VSP has entered into a written agreement with the City for the rights of attachment and use. (5) The City may require through any permitting process that any installations, excavations and restorations affecting street or lane closures shall, as often as practicable, be performed after 6:30 p.m. and before 6:00 a.m. No such work shall be performed from 7:00 a.m. to 9:00 a.m. or from 4:00 p.m. to 6:00 p.m., except for emergency work or repairs performed in accordance with Section 14 of this Ordinance. (6) The City may assist in the coordination and scheduling of the VSP's projects when such projects may be reasonably coordinated with the placement of any other rights-of-way user's facilities; provided that, subject to the City's permitting processes, a VSP may otherwise control the scheduling of its projects consistent with this Chapter. (7) Whenever it is commercially reasonable to do so, the VSP shall use trenchless technology in the placement of its facilities. Except in an emergency as specified in Section 14 of this Ordinance, the VSP shall, not less than seven working days prior to the commencement of any work by the VSP that involves excavation in the rights-of-way, notify the Public Works Director and any appropriate utility coordinating committee for purposes of utility location. Minimum notice to the City shall be by telephone communication or in person prior to any work, followed by written notice as soon as practical. The VSP shall provide advance notice so as not to disrupt services of the City or any other person using the rights-of-way and to allow the City to place any inspector it may deem necessary at the site of the project. (B) A VSP shall at all times take all reasonable precautions to minimize interruption to traffic flow, damage to property, or creation of a hazardous condition. (C) After an excavation is made and after any excavation work is completed, a VSP shall, as soon as practicable but not later than seventy-two hours, remove all surplus material; except that if the surplus material is blocking a public street or sidewalk, the VSP shall remove such material no later than twenty-four hours after the excavation is made or the excavation work completed. (D) A VSP shall reconstruct, replace or restore any landscaping, street or alley, or any water, sewer, sanitary sewer, storm drainage, traffic signal or street light facilities, or any other facility of the City disturbed by the VSP, within thirty days of written notice by the City, to a condition acceptable to the Public Works Director, consistent with specifications, requirements and regulations of the City in effect at the time of such restoration. Any such improvements so disturbed by the VSP shall be reconstructed, replaced or restored only under the supervision of City personnel. All costs incurred in surplus material removal and restoration, whether done with the City's work forces and equipment or otherwise, shall be paid by the VSP, including the cost of any inspectors the City may assign to the project. (Ord. 5989 § 16, 2008)

Las Vegas Municipal Code § 6.20.150 Facilities location and relocation—Reservation of City Rights.

6.20.150 - Facilities location and relocation—Reservation of City Rights. (A) All of a VSP's facilities shall be placed so that they do not interfere with the use of the rights-of-way by the City and shall only be placed after approval of the location by the Public Works Director, in accordance with any generally applicable specifications adopted by the City governing the location of facilities. (B) Whenever the City excavates or performs any non-emergency work in the rights-of-way and such excavation or work may disturb but not require the removal or relocation of a VSP's facilities, the City shall notify the VSP seventy-two hours in advance of the excavation or work to enable the VSP to take such measures as it may deem necessary to protect its facilities from damage and inconvenience, or from injury or damage to the public or the rights-of-way. If the VSP cannot take such measures, the VSP shall be required to relocate its facilities in accordance with this Section, in which case, the VSP shall, upon request, furnish field markings to the City showing the location of all of its facilities in the area involved in such proposed excavation or work. (C) The City reserves all rights to: (1) Construct, install, maintain and operate any public improvement, work or facility, to do any work that the City may deem desirable on, over or under the rights-of-way, and to construct, install, maintain and operate any public improvement, work or facility; (2) Vacate, alter or close any rights-of-way; and (3) Require the removal or relocation of a VSP's facilities in the rights-of-way as may reasonably be required after notice to the VSP, including but not limited to City projects for the installation of landscaping, or water, sanitary sewer, storm drainage, traffic signal or street light facilities, or any road construction or reconstruction. (D) A VSP shall remove and relocate its facilities within sixty days following written notice from the City to do so. Prior to any such relocation, the City shall provide for a temporary suitable location for the relocated facilities sufficient for the VSP to maintain service. (E) Subject to Subsection (F) of this Section and the provisions of NRS 271.800 and 271.850, all costs directly attributable to the removal or relocation of a VSP's facilities shall be paid by the VSP. (F) The City may require a VSP to relocate its facilities to accommodate another rights-of-way user, if the VSP's and other user's facilities can both be located in the rights-of-way without interfering with the VSP's operations, subject to the following: (1) The other user shall pay the VSP the costs of any relocation occasioned by such user. (2) The VSP shall remove and relocate its facilities upon receipt of payment of the VSP's estimated costs from the other user. (3) If the VSP's estimated costs do not cover all of the VSP's final costs of the removal or relocation, the VSP shall bill the other user for the balance of the costs following completion of the work benefiting the other user, and the other user shall pay the VSP any balance owed within thirty days of receipt of the billing statement; and (4) If the VSP's estimated costs exceed the VSP's final costs of the removal or relocation, the VSP shall refund any overpayment to the other user within thirty days after completion of the work benefiting the other user. (G) When the City proposes to improve the rights-of-way, including but not limited to work related to streets, sidewalks, landscaping, traffic signalization, street lights, water lines, storm drainage or sanitary sewers, and such improvements include excavation and the placement of underground utilities vaults and conduit sufficient for a VSP's facilities by and at the expense of someone other than the VSP, then upon notification by the City to the VSP and such reasonable scheduling as may be required by the City, the VSP shall replace its then-existing overhead facilities within the affected rights-of-way with underground facilities within such area. The VSP shall pay all costs of such underground placement. The conversion from overhead to underground shall be conditioned upon the City requiring the undergrounding in the area in which both the existing and new facilities are and will be located and on the City requiring all existing overhead communication and utility facilities in such area to be removed. (H) Nothing in this Section shall be construed to require a VSP to place its facilities in ducts or conduits owned or leased by the City. (Ord. 5989 § 17, 2008)

Las Vegas Municipal Code § 6.20.160 Facilities locations—Limitation on VSP rights.

6.20.160 - Facilities locations—Limitation on VSP rights. A VSP shall not acquire any vested right or interest in any particular rights-of-way location for any of its facilities constructed, operated or maintained in any existing or proposed rights-of-way, even though such location was approved by the City; provided that whenever the City vacates any rights-of-way for the convenience or benefit of any person, the City shall preserve a VSP's rights for any legally established, existing facilities of the VSP in such vacated portion of the rights-of-way. (Ord. 5989 § 18, 2008)

Las Vegas Municipal Code § 6.20.170 Facilities—Movement or removal.

6.20.170 - Facilities—Movement or removal. (A) Whenever it becomes necessary to temporarily rearrange, remove, lower or raise any facilities of a VSP to permit the passage of any building, machinery or other object, the VSP shall perform such rearrangement, removal, lowering or raising upon the receipt of written notice from the person desiring to move such building, machinery or object. The written notice shall detail the route of movement of the building, machinery or object. All costs incurred by the VSP in making such rearrangement, removal, lowering or raising of its facilities shall be borne by the person seeking such rearrangement, removal, lowering or raising, unless the facilities have been placed or maintained in violation of any Federal, State or local law, rule or regulation and thereby interferes with the movement of the building, machinery or object; provided that under no circumstances shall the City be responsible for the VSP's costs incurred in complying with this Section. (B) Whenever, in case of an emergency, it becomes necessary to remove any of a VSP's facilities, the City shall not be liable to the VSP for any charge, loss, damage, restoration cost or repair resulting from the emergency removal. (Ord. 5989 § 19, 2008)

Las Vegas Municipal Code § 6.20.180 Maintenance of records.

6.20.180 - Maintenance of records. A VSP shall maintain on file maps and operational data pertaining to its operations in the rights-of-way, which the City may inspect at any time upon reasonable notice to the VSP during normal business hours. Upon request by the City, the VSP shall furnish to the Public Works Director, as soon as practical and without charge, current maps either in a hard-copy printed form or in the City's geographical information systems format or compatible data base, showing the location and dimension of any existing and proposed facilities, but not other proprietary information, used in operating the VSP's facilities in the rights-of-way. (Ord. 5989 § 20, 2008)

Las Vegas Municipal Code § 6.20.190 Notification to residents.

6.20.190 - Notification to residents. Except in the case of emergency pursuant to Section 6.20.120 of this Chapter, a VSP that is the initiator of a project in the rights-of-way along which residential yards are located and maintained that will result in disruption of such yards or result in the installation of new exposed surface facilities shall give written notification to residents who are located adjacent to the proposed project at least two days prior to the date on which the VSP proposes to commence the proposed project. Such notice shall be by personal delivery, by posted notice on the street where the proposed project is scheduled to be built (which notice is to be large enough to be clearly read by passing motorists), by door hanger or by mail, with a description of the proposed project, the name of the VSP, and a telephone number at which the VSP can be reached twenty-four hours per day. (Ord. 5989 § 21, 2008)

Las Vegas Municipal Code § 6.20.200 Security required.

6.20.200 - Security required. (A) As security for performance of its rights-of-way obligations under this Chapter, a VSP shall, at all times during which it holds a certificate of authority permitting the VSP to provide video service within the City, provide security in the form of a letter of credit, performance bond or cash deposit, delivered to the Director of the Department of Finance, in the amount of one hundred thousand dollars. (B) If a VSP has already posted a letter of credit, performance bond, or cash deposit for one hundred thousand dollars or more in connection with its use of the City's right-of-way for other purposes, the provisions of Subsection (A) of this Section shall not apply to the VSP provided that such existing security is in full force and effect during all times of VSP's use of the right-of-way for video service purposes and the terms of such security are made applicable to the VSP's use of the right-of-way for video service purposes in accordance with the terms of Subsections (C), (D) and (E) of this Section. (C) Any bond provided pursuant to this Section shall: (1) In addition to all other costs, provide for payment of reasonable attorney's fees; (2) Be issued by a surety company authorized to do business in the State of Nevada and listed in Department Circular 570 of the U.S. Department of the Treasury Fiscal Service (Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies, Current Revision); (3) Require the attorney-in-fact who executes the bond on behalf of the surety to affix thereto a certified and current copy of his or her power of attorney; and (4) Guarantee the performance of all of the VSP's rights-of-way obligations under its certificate of authority and all applicable laws. (D) The following procedures shall apply to drawing on the security required in this Section: (1) If a VSP fails to make timely payment of any amount due to the City, or fails to compensate the City within thirty days of written notification that such amount is due for any damages, costs or expenses the City suffers or incurs by reason of any act or omission of the VSP, or fails after thirty days' written notice to comply with any provision of its certificate or this Code that can be remedied by drawing on the security, the City may withdraw the amount thereof, with applicable interest and penalties, from the security. (2) Within three days of a withdrawal from the security, the City shall personally deliver or send by certified mail written notification to the VSP of the amount, date and purpose of such withdrawal. (3) If at the time of a withdrawal from the security by the City, the amounts available are insufficient to provide the total payment towards which the withdrawal is directed, the balance of such payment shall continue as the obligation of the VSP to the City until it is paid. (4) No later than thirty days after the delivery or mailing of notification to the VSP of a withdrawal from the security, the VSP shall restore the security to the total amount specified in Subsection (A) of this Section. (E) Recovery by the City of any amount from the security required by this Section does not limit a VSP's obligation to provide insurance or to indemnify the City as otherwise required by this Chapter. (Ord. No. 6816, § 13, 8-17-22; Ord. 5989 § 22, 2008)

Las Vegas Municipal Code § 6.20.210 Insurance required.

6.20.210 - Insurance required. (A) A VSP shall at all times during which it holds a certificate of authority permitting it to provide video service within the City maintain in full force and effect, at its own cost, a general comprehensive liability insurance policy for the protection of the City, which shall: (1) Be issued by an insurance company approved by the City and in a form satisfactory to the City Attorney; (2) Name the City and its elected and appointed officers, boards, commissions, agents and employees as additional insureds; (3) Insure against liability for loss or damage for personal injury, death and property damage occasioned by the VSP's operations pursuant to its certificate of authority, with minimum limits of one million dollars for personal injury or death of any one person and three million dollars for personal injury or death of two or more persons in any one occurrence, and five hundred thousand dollars for damage to property for any one occurrence; and (4) Contain a provision that a written notice of cancellation of or reduction in coverage shall be delivered to the City at least thirty days in advance of the effective date thereof. (B) Recovery of any amount by the City from the insurance required by this Section does not limit a VSP's obligation to provide security or to indemnify the City as otherwise required by this Chapter. (Ord. 5989 § 23, 2008)

Las Vegas Municipal Code § 6.20.220 Indemnification.

6.20.220 - Indemnification. (A) A VSP shall defend, indemnify and hold the City harmless from and against all claims for damages to persons or property in any way related, directly or indirectly, to the construction, maintenance and operation of its facilities or its use of the rights-of-way, when or to the extent injury or damage is caused or alleged to be caused, wholly or in part, by any act, omission, negligence or misconduct of the VSP or any of the VSP's contractors, subcontractors, officers, agents or employees, or by any person for whose act, omission, negligence or misconduct the VSP is by law responsible. This Section is intended to require the VSP to indemnify the City to the maximum extent allowed by law for claims related to the VSP's use of the rights-of-way and is not intended to create liability for the benefit of any party other than the City. (B) If any claim is made against the City that is covered by Subsection (A) of this Section, and if a court of competent jurisdiction shall adjudge by final decree that the City is liable therefor, the VSP shall indemnify and hold the City harmless from any such liability, including any court costs, expenses and reasonable attorney's fees incurred by the City in defense thereof and incurred at any stage of the proceedings. (C) Upon commencement of any suit, proceeding at law or in equity against the City relating to any matter covered by Subsection (A) of this Section, the City shall give the VSP prompt notice of such suit or proceeding; whereupon the VSP shall provide a defense to such suit, including any appellate proceedings brought in connection therewith, and pay any settlement, costs and judgments that may be rendered against the City by reason of such suit. (D) If the VSP fails to comply with its obligations under Subsection (C) of this Section, after reasonable notice to the VSP by the City, the City shall have the right to defend any claims against it and, in addition to being reimbursed for any settlement or judgment that may be rendered against the City, the VSP shall reimburse the City's reasonable attorney's fees and all expenses incurred by the City by reason of undertaking the defense of such suit, regardless of whether such suit is successfully defended or settled, or fully adjudicated. If the City is required to defend any such suit because of the VSP's failure to do so, the City shall have the right to enter into any settlement as the City may deem in its best interest, without the prior approval of the VSP. (Ord. 5989 § 24, 2008)

Las Vegas Municipal Code § 6.20.230 Customer service requirements.

6.20.230 - Customer service requirements. A VSP shall comply with all customer service requirements for VSP's specified in NRS 711.620, as amended. (Ord. 5989 § 25, 2008)

Source: City of Las Vegas, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nv/las_vegas/codes/code_of_ordinances?nodeId=TIT6BUTALIRE_CH6.20CATESEOTVISEPRFetched: 10/28/2026