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Ordinance 2018-530
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Ordinance 2018-530
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Last modified
10/30/2018 11:06:43 AM
Creation date
10/30/2018 10:54:08 AM
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CityClerk-Ordinances
Ordinance Number
2018-530
Date (mm/dd/yyyy)
10/18/2018
Description
Amend Chap 113 Sec 113-1 thru 113-35 Entitled “Cable Television”
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-- Penalty <br /> Failure to obtain a telecommunications license $5,000 <br /> Failure to comply with-record and reporting requirements $598 <br /> Failure to obtain approval to transfer a license $27590 <br /> Failure to comply with construction and safety requirements $500 <br /> Failure to bury distribution system $100 <br /> Failure to maintain insurance $500 <br /> Failure to maintain faithful performance bond or letter of credit $500 <br /> B. The City hereby reserves any and all rights to require that a person remove its equipment and <br /> facilities from the City's public rights of way where the City has determined and issued a written <br /> decision finding that the damages suffered by the City or its residents cannot be remedied by any <br /> of way. <br /> § 113-33. - Enforcement remedies. Reserved. <br /> A. In addition to any other remedies available at law or equity or provided herein under§ 113 18,the <br /> City may apply any one or combination of the following remedies in the e - . . - <br /> this chapter, its franchise agreement, applicable federal or state law, or applicable local law or order: <br /> (1)Impose liquidated damages in such amount,whether on a per diem,per incident,or other m asure <br /> of violation,as provided in the franchise agreement.Payment of liquidated damages by the franchisee <br /> will not relieve the franchisee of its obligation to comply with the franchise agreement and <br /> requirements of this chapter. <br /> (2) Revoke the franchise pursuant to the procedures specified in § 113 24 hereof. <br /> (3)In addition to,or instead of any other remedy,the City may seek legal or equitable relief from any <br /> court of competent jurisdiction. <br /> B. In determining which remedy or remedies are appropriate, the City shall take into consideration <br /> the nature of the violation,the person or persons b ring the impact of the violation,the nature of the <br /> remedy required in order to prevent further violations and such other matters as the City determines <br /> are appropriate to the public interest. <br /> C. Failure of the City to enforce requirements of a franchise agreement or this chapter shall not <br /> type or to seek appropriate enforcement remedies. <br /> D. In any proceeding wherein there exists an issue with respect to a franchisee's performance of its <br /> obligations pursuant to this chapter,the franchisee has,throughout any such proceedings and appeals <br /> thereof, the burden of proving that said franchisee is in compliance with the terms of the article. The <br /> authorized by this chapter. <br /> § 113-34. - Reservation of rights. Reserved. <br /> its police powers. <br />
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