Ordinance 99-66 - Laserfiche WebLink

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franchisee violates this article, its franchise agreement, applicable Federal or State law, or applicable local law or order: (1) Impose liquidated damages in such amount, whether on a per-diem, per- incident, or other measure of violation, as provided in the franchise agreement. Payment ofliquidated damages by the franchisee will not relieve the franchisee of its obligation to comply with the franchise agreement and requirements of this article. (2) Revoke the franchise pursuant to the procedures specified in Section 22 hereof. (3) In addition to, or instead of any other remedy, the City may seek legal or equitable relief from any court of competent jurisdiction. (b) In determining which remedy or remedies are appropriate, the City shall take into consideration the nature ofthe violation, the person or persons bearing the impact of the violation, the nature ofthe remedy required in order to prevent further violations and such other matters as the City determines are appropriate to the public interest. (c) Failure of the City to enforce requirements of a franchise agreement or this article shall not constitute a waiver of the City's right to enforce that violation or subsequent violations ofthe same type or to seek appropriate enforcement remedies. (d) In any proceeding wherein there exists an issue with respect to a franchisee's performance of its obligations pursuant to this article, the franchisee has, throughout any such proceedings and appeals thereof, the burden of proving that said franchisee is in compliance with the terms of the article. The City Commission may find a franchisee that does not demonstrate compliance with the terms and conditions of this article in default an apply anyone or combination of the remedies otherwise authorized by this article. Sec. 32. Reservation of rif!hts. (a) The City reserves the right to amend this article as it shall find necessary in the lawful exercise of its police powers. (b) Any additional regulations adopted by the City shall be incorporated into this article and complied with by all franchisees within 30 days of the date of adoption of such additional regulations. (c) The City reserves the right to exercise the power of eminent domain to acquire the property of the franchisee's cable system, consistent with applicable Federal and State law. Notwithstanding anything to the contrary, this section shall not enlarge or restrict the City's exercise of eminent domain except to the extent provided by applicable law. Cable Ordinance -42-