§ 20.5-18. General provisions.

(a)

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

(b)

No recourse against the city. Without limiting such immunities as the city or any other person may have under applicable law, a telecommunications provider awarded consent or a franchise under this chapter shall have no recourse whatsoever against the city or its officials, members, boards, commissions, agents or employees for any loss, cost, expense, liability or damage arising out of any action undertaken or not undertaken pursuant to 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, or other applicable law, unless such loss is a direct consequence of the failure or refusal of the city to perform its agreement hereunder, or unless such recourse is expressly authorized by statute, this chapter, or other ordinance.

(c)

Force majeure. In the event a telecommunications provider's performance of any of the terms, conditions, obligations or requirements of this chapter is prevented or impaired due to any cause beyond its reasonable control, such inability to perform shall be deemed to be excused for the period of such inability and no penalties or sanctions shall be imposed as a result thereof, provided that the provider has notified the city in writing within ten days of its discovery of the occurrence of such an event. Such causes beyond the provider's reasonable control shall include, but shall not be limited to, acts of God, civil emergencies, and labor unrest or strikes.

(d)

Non-waiver of remedies. The failure of the city to take any action to enforce any violation or breach of this chapter shall not be deemed a waiver of its right to subsequently enforce any identical or similar violation or breach.

(e)

Severability. If any portion of this franchise is declared invalid by any court, agency, commission, legislative body, or other authority of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent portion, and such declaration shall not affect the validity of the remaining portions hereof, which remaining portions shall continue in force and effect.

(f)

Notices and filings. All notices required by this chapter to be provided to the city shall be provided in writing to the city clerk. All filings shall be made with the city clerk unless otherwise provided in this chapter.

(Ord. No. 98-31, § 18, 6-23-98)