2000 038 Ordinance - Laserfiche WebLink

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` ORDINANCE NO. 2000 PAGE 26 (1 ). Failure of Grantee to pay Grantor sums due under the terms of any franchise agreement. (2). Reimbursement of costs borne by the Grantor to correct franchise violations not timely corrected by Grantee, after Grantee has been given an opportunity to cure. (3). Monetary remedies, penalties, or damages assessed against Grantee due to default or breach of franchise requirements. (c) Upon written notice and agreement of the Grantor and the Grantee, an informal meeting may be held at any time to review any alleged deficiencies of Grantee. (d) If Grantee fails to perform in a timely manner any obligation required by this chapter or a franchise granted hereunder, following notice from the Grantor and an opportunity to cure such nonperformance, Grantor may act to remedy such violation in accordance with the following procedures: (1) Grantor shall notify Grantee of any alleged material violation in writing by - personal delivery or registered or certified mail, and demand correction within a reasonable time, which shall not be less than ten days in the case of the failure of the Grantee to pay r~ any sum or other amount due the Grantor under this chapter or the Grantee's franchise and 30 days in all other cases. If Grantee fails either to correct the violation within the time prescribed or to commence correction of the violation within the time prescribed and thereafter diligently pursue correction of such violation, the Grantor shall then give written notice of not less than ten days of a public hearing to be held before the Council. Said notice shall specify the violations alleged to have occurred and the failure of Grantee to timely correct same. At the public hearing, the Council shall hear and consider relevant evidence and thereafter render findings and its decision. In the event that the Council finds that a violation exists and that Grantee has not timely corrected the same in a satisfactory manner or has not timely commenced correction of such violation after notice thereof from Grantor and is not diligently proceeding to fully remedy such violation, the Council may revoke the franchise or impose any other penalty permitted by the franchise agreement and any other legal or equitable remedy available under this chapter, the franchise agreement, or applicable law. (e) The Grantor may assess against the Grantee, after providing written notice to Grantee and an opportunity to cure, monetary damages up to $500 per calendar day until such violations are remedied to the satisfaction of Grantor, or per incident for material system upgrade/construction delays, and up to $200 per calendar day until such violations are remedied to the satisfaction of Grantor, or per incident for any other material breaches; provided that all violations of a similar nature occurring at the same time shall be considered as one incident. The Grantor shall have recourse to the Performance Bond for