Laserfiche WebLink
<br />Sec. 35. <br /> <br />Future Rules bv the Director. <br /> <br />The Director reserves the right to promulgate rules, regulations, and procedures to <br />implement the intention of this article. <br /> <br />Sec. 36. <br /> <br />Sec. 37. <br /> <br />Authority of the Director. <br /> <br />(a) <br /> <br />The Director shall have the responsibility for overseeing the day-to-day <br />administration of this article and authorizations granted hereunder. The <br />Director, or any member of the Director's staff so designated by the <br />Director, may administer oaths, certify to official acts, issue subpoenas, and <br />compel the attendance of witnesses and the production of papers, account <br />books, contracts, documents and other records, data or information, when <br />necessary, convenient, or appropriate in the discharge of the duties of his <br />office. The Director shall be empowered to take all administrative actions <br />on behalf of the City, including adopting forms for application and reporting <br />and other administrative procedures as are necessary. <br /> <br />(b) <br /> <br />The Director shall have the authority to initiate legal actions in the name of <br />the City through the City Attorney, seeking declaratory judgment, <br />injunctive, equitable, and legal relief to enforce the provisions of this <br />Article. <br /> <br />(c) <br /> <br />It is understood that there may be from time to time within the City, various <br />easements and streets which the City Director does not have the unqualified <br />right to authorized Licensee to use. Therefore, in granting this License, the <br />City does not warrant or represent as to any particular easement right-of- <br />way or portion of the right-of-way or easement that it has the right to <br />authorize the Licensee to install or maintain portions of its system therein <br />and in each case the burden and responsibility for making such <br />determination in advance of the installation shall be upon the Licensee. <br />Further, the City shall not be required to assume any responsibility for <br />securing any right-of-way easement or other rights which may be required <br />by the Licensee for the installation of its telecommunications systems, nor <br />shall the City be responsible for securing any permits or agreements with <br />other persons or utility. <br /> <br />Director's Settlement Authority. <br /> <br />The Director is hereby authorized to resolve by settlement any notice of violation <br />or lawsuit initiated by the Director. In deciding to settle a dispute over an alleged <br />violation, the City shall consider: (1) the probability of success in proving the violation; <br />(2) the nature and seriousness of the violation; (3) the licensee's past history concerning <br />similar violations; (4) mitigating factors; and (5) the licensee's success in resolving the <br />dispute with affected customers. <br /> <br />Telecommunications Right-of-Way Ord. <br />LMD:ch/pwalker <br />4/5/00 - 12:41 PM <br /> <br />19 <br />