Ordinance 2018-530 - Laserfiche WebLink

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§ 113-29. - Force majeure. Reserved. In the event a franchisee's performance of or compliance with any of the provisions of this chapter or control, such inability to perform or comply shall be deemed excused and no penalties or sanctions shall be imposed as a result thereof; provided, however, that franchisee uses all practicable means to expeditiously cure or correct any such inability to perform or comply. For purposes of this chapter and any franchisee agreement granted or renewed hereunder,causes or events not within a franchisee's control shall include, without limitation, acts of God,floods, -arthquakes, landslides,hurricanes,fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints imposed by order of a governmental agency or court. Causes or events within franchisee's control, and thus not falling within this section shall include,without limitation,franchisee's financial inability to perform or comply, economic hardship and misfeasance, maif asance or nonfeasance by any of franchisee's directors, officers, employees, contractors or agents. § 113-30. Applicability. Reserved. • . .. - . .. ' .. - . . . : - systems now existing in the City on the date hereof and to all applicants for cable franchises,to the full extent permitted by federal and state law. B. Any person shall notify the City in writing within 30 calendar days of the passage of this chapter, or any subsequent amendment thereof, of: (1)Any provision which it believes should not be applicable to it. (2) The r-ason for each such claim of nonapplicability. any right to object. § 113-31. - . . .. . . . --• . . . . .. . ' . Reserved. A, system. Nothing in this chapter shall be construed to limit in any way the ability or authority of the City to acquire, construct, own and/or operate a cable system to the full extent permitted by law. § 113-32. - Penalties for offenses. Reserved. - - - '' , .- - • to correct the violation. If after 30 days, the recipient has failed to correct the alleged violation, or the person has committed a violation and shall make written findings of fact. If a violation is found, the person shall pay to the City a civil penalty as set forth below or, if not covered by said schedule, •-- .^el . .. . .. .. .. . . - - • . - •- . - reserves the right to withdraw said payments from the security fund upon three days'written notice to include without limitation, increased costs of administration and other damages difficult to measure. Civil Penalties