Should grantee fail, refuse or neglect to properly perform any maintenance or construction work required by the franchise following due notice from the city and a reasonable opportunity to cure as provided for under this chapter, or should grantee fail to commence performance of such work within the period of time allowed therefore, or fail to diligently proceed and promptly complete such work thereafter, the City Manager may, upon five days prior written notice to grantee (except in cases of emergency), cause such work or other act to be completed in whole or in part by the city forces or others, and upon so doing shall submit to grantee an itemized statement of the costs thereof. Grantee shall, within 30 days after receipt of such statement, pay to the city the entire amount thereof, without off-set or deduction. In the event grantee fails to pay said costs for a period of at least 30 days after they are due, the city may assess the letter of credit provided for in this chapter, in accordance with the provisions of this chapter.
(Ord. 4315, passed 11-12-96)