96-051 Ordinance - Laserfiche WebLink

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? the City within such thirty (30) days any damages, costs or expenses which the City is compelled to pay by reason of the act or default of the GRANTEE in connection with this Franchise, or fails after thirty (30) days notice of such failure by the City to comply with any provision of this Franchise which the City reasonably determines can be remedied by demand on the Letter of Credit, the City shall notify the GRANTEE of the amount and date thereof. Notwithstanding the preceding paragraph, in case of a bonafide dispute regarding compliance, the GRANTEE may request a hearing before the Mayor within thirty (30) days after notification of non-compliance and penalty by the City. No action may be taken on said Letter of Credit until a prior hearing with an opportunity to be heard has been conducted. At such hearing, all parties may give evidence, and the merits of the dispute will be decided. The Mayor shall make public the decision, along with a statement reciting the basis therefor. Within thirty (30) days, the GRANTEE may appeal to the Council, in writing, the decision rendered by the Mayor or his or her designee. At the appeal hearing, the GRANTEE may contest the findings of fact or interpretation of controlling law, at which time the Council may affirm, reject or modify the decision of the Mayor. The affirmance, rejection or modification of said decision by the Council may be presented by the GRANTEE to a court of competent jurisdiction for any relief permitted by State or Federal law. D. The rights reserved to the City with respect to the Letter of Credit are in addition to all other rights of the City, whether reserved by negotiation with the GRANTEE or authorized by law, and no action, proceeding or exercise of the right with respect to such Letter of Credit shall affect any other right the City may have. E. The Letter of Credit shall contain the following endorsement: "It is hereby understood and agreed that this Letter of Credit may not be canceled by the surety nor the intention not to renew be stated by the surety until sixty (60) days after receipt by the City of North Olmsted, Ohio, by registered mail, of a written notice of such intention to cancel or not to renew." SECTION VIII: SERVICE, EQUIPMENT AND PROGRAMMING WITHIN PUBLICLY OWNED BUILDINGS A The GRANTEE shall install and provide (1) one Standard Installation free drop and any related equipment, i.e., A/B switches, addressable converters (if needed), remotes and the like, free of any charges to the Schools or public libraries within the City of North Olmsted requesting the service and listed on Exhibit 2 hereto. ,F