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Longview, TX Code of Ordinances
City of Longview, Texas Code of Ordinances
Charter
Chapter 1 General Provisions
Chapters 2 - 3 Reserved
Chapter 4 Administration
Chapters 5 - 6 Reserved
Chapter 7 Aircraft
Chapters 8 - 9 Reserved
Chapter 10 Alcoholic Beverages
Chapter 11 Ambulances and Emergency Medical Services
Chapter 12 Reserved
Chapter 13 Animals and Fowl
Chapters 14 - 15 Reserved
Chapter 16 Bicycles
Chapters 17 - 18 Reserved
Chapter 19 Buildings and Structures
Chapter 20 Business Regulations
Chapter 21 Reserved
Chapter 22 Cemeteries
Chapters 23 - 24 Reserved
Chapter 25 City-Owned Facilities
Chapters 26 - 27 Reserved
Chapter 28 Court
Chapters 29 - 30 Reserved
Chapter 31 Discrimination
Chapter 32 Reserved
Chapter 33 Economic Development
Chapter 34 Elections
Chapters 35 - 36 Reserved
Chapter 37 Reserved
Chapters 38 - 39 Reserved
Chapter 40 Fire Prevention
Chapters 41 - 42 Reserved
Chapter 43 Reserved
Chapters 44 - 45 Reserved
Chapter 46 Food and Food Establishments
Chapters 47 - 48 Reserved
Chapter 49 Garbage, Trash and Weeds
Chapters 50 - 57 Reserved
Chapter 58 Offenses and Miscellaneous Provisions
Chapters 59 - 60 Reserved
Chapter 61 Oil and Gas Wells
Chapters 62 - 63 Reserved
Chapter 64 Repealed in its Entirety
Chapters 65 - 66 Reserved
Chapter 67 Outdoor Vendors and Solicitors
Chapters 68 - 69 Reserved
Chapter 70 Police
Chapters 71 - 72 Reserved
Chapter 73 Reserved
Chapters 74 - 75 Reserved
Chapter 76 Precious Metals and Gems
Chapters 77 - 78 Reserved
Chapter 79 Public Amusements
Chapters 80 Reserved
Chapter 81 Public Recreational Facilities
Chapter 82 Railroads
Chapters 83 - 84 Reserved
Chapter 85 Reserved
Chapters 86 - 87 Reserved
Chapter 88 Smoking
Chapters 89 - 90 Reserved
Chapter 91 Reserved
Chapter 92 Reserved
Chapter 93 Reserved
Chapter 94 Taxation
Chapter 95 Telecommunications and Cable Television Regulations
Chapter 96 Reserved
Chapter 97 Traffic
Chapters 98 - 99 Reserved
Chapter 100 Trailers, Mobile Homes and Trailer Parks
Chapters 101 - 102 Reserved
Chapter 103 Vehicles for Hire
Chapters 104 - 105 Reserved
Chapter 106 Reserved
UDC to Appendix A: Unified Development Code
Sec. 95-16. Letter of credit.
(a)   Grantee is required to file an irrevocable letter of credit. Within 30 days after the effective date of a franchise, grantee shall deposit with the city an irrevocable letter of credit in the amount set forth in the franchise agreement and issued by a local federally insured commercial lending institution that has been approved by the city. The form and substance of said letter of credit shall be subject to the approval by the City Attorney. The letter of credit shall be used to assure: the faithful performance by the grantee of all provisions of the franchise agreement and the cable ordinance; compliance with all orders, permits and directions of the City Manager or any agency, commission, board, department, division or office of the city having jurisdiction over any aspect of the grantee's performance under a franchise and this article; and the payment by the grantee of any penalties, liquidated damages, claims, liens, franchise fees, taxes or other fees due to the city which arise by reason of the construction, operation or maintenance of the cable system, including cost of removal of any property of the grantee.
(b)   Letter of credit may be drawn upon by the city after following specified procedure that assures due process to grantee. The letter of credit may be drawn upon by the city by presentation of a draft at sight on the lending institution, accompanied by a written certificate signed by the City Manager certifying that the grantee has failed to comply with the franchise agreement and/or this article, stating the nature of the noncompliance, and stating the amount being drawn. Examples of the nature of the noncompliance for drawing upon the letter of credit include, but are not limited to, the following:
   (1)   failure of the grantee to pay to the city any franchise fees, taxes, liens or other fees after ten days written notice of delinquency;
   (2)   failure of the grantee to pay to the city after ten days written notice, any amounts due and owing by reason of the indemnity provisions of Section 95-5;
   (3)   failure of the grantee to pay to the city any liquidated damages due and owing pursuant to a franchise agreement;
   (4)   failure to make any payment required by an agreement within the time fixed therein;
   (5)   failure to pay to the city within ten working days after receipt of written notice, any damages, claims, costs or expenses which the city has been compelled to pay or incur by the reason of any material act or default by the grantee;
   (6)   failure to comply within ten working days after receipt of written notice from the city, with any material provisions of an agreement or cable ordinance which the city reasonably determines can be remedied by an expenditure of an amount from the letter of credit or other instrument.
   In the event of such noncompliance, the city may order the withdrawal of the appropriate amount of liquidated damages, penalties, fees or otherwise from the letter or other instrument for payment to the city, provided that, prior to each such withdrawal; (i) the grantee shall be afforded an opportunity to cure any of said failures within 30 days after written notice from the city that the withdrawal is to be made; or (ii) if such cure cannot be reasonably accomplished within such 30 days, then the grantee shall have a reasonable time to cure, provided that the grantee commences such cure within such 30 days and diligently pursues such cure to completion.
(c)   Letter of credit shall be replenished to original amount following any draw down. Grantee shall structure the letter of credit in such a manner so that if the city at any time draws upon the letter of credit, the amount of available credit shall automatically increase to the extent necessary to replenish that portion of the available credit exhausted by the honoring of the draft. The intent of this subsection is to make available to the city at all times a letter of credit in the amount specified in the franchise agreement.
(d)   The city's rights with respect to letter of credit are in addition to other rights. The rights reserved to the city with respect to the letter of credit are in addition to all other rights of the city, whether reserved by a franchise agreement or authorized by law, and no action or proceeding against a letter of credit shall affect any other right the city may have.
(Ord. No. 2801, § 3, 2-25-99)