A. Documents Incorporated And Made A Part Hereof: The following documents shall be incorporated herein by this reference, and in the case of a conflict or ambiguity between or among them, the document of latest date shall govern:
1. Any enabling ordinance in existence as of the date hereof.
2. Any proposal submitted by grantee pursuant to a franchise renewal procedure, as amended and supplemented during the franchise renewal negotiation process.
3. Any franchise agreement between grantee and franchising authority reflecting the removal of the franchise, if any.
B. Preemption: If the FCC, or any other federal or state body or agency shall now or hereafter exercise any paramount jurisdiction over the subject matter of the franchise, then to the extent such jurisdiction shall preempt and supersede or preclude the exercise of the like jurisdiction by the franchising authority, the jurisdiction of the franchising authority shall cease and no longer exist.
C. Actions Of Franchising Authority: In any action by the franchising authority or representative thereof mandated or permitted under the terms hereof, such party shall act in a reasonable, expeditious and timely manner. Furthermore, in any instance where approval or consent is required under the terms hereof, such approval or consent shall not be unreasonably withheld.
D. Notice:
1. Unless expressly otherwise agreed between the parties, every notice or response to be served upon the franchising authority or grantee shall be in writing, and shall be deemed to have been duly given to the required party five (5) business days after having been posted in a properly sealed and correctly addressed envelope by certified or registered mail, postage prepaid, at a post office or branch thereof regularly maintained by the U.S. postal service.
2. The notices or responses to the franchising authority shall be addressed as follows:
CITY OF ELKO
1751 College Avenue
Elko, Nevada 89801
3. The notices or responses to the grantee shall be addressed as follows:
TCI CABLEVISION OF NEVADA, INC.
1990 Idaho Street
Elko, Nevada 89801
with a copy to:
TELE-COMMUNICATIONS, INC.
Attention: Legal Department
Terminal Annex, P.O. Box 5630
Denver, Colorado 80217-5630
or:
5619 DTC Parkway
Englewood, Colorado 80111-3000
4. Franchising authority and the grantee may designate such other address or addresses, from time to time, by giving notice to the other.
E. Descriptive Headings: The captions to sections contained herein are intended solely to facilitate the reading thereof. Such captions shall not affect the meaning or interpretation of the text herein. (Ord. 425, 7-28-1992)