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In the event that a franchisee fails to provide evidence reasonably satisfactory to the city as provided in § 91.123, the City Manager shall refer the alleged violation to the City Council. The City Council shall provide the franchisee with notice and a reasonable opportunity to be heard concerning the matter.
(Ord. 1326, passed 4-3-2017)
(A) If persuaded that the franchisee has violated a material provision of this chapter or of a franchise agreement, the City Council may terminate the franchise or may establish some lesser sanction and cure, including, but not limited to, the assessment of penalties pursuant to § 91.999.
(B) In doing so, the City Council shall consider the nature, circumstances, extent and gravity of the violation as reflected by one or more of the following factors, whether:
(1) The violation was egregious;
(2) Substantial harm resulted;
(3) The violation was intentional or repeated;
(4) There is a history of prior violations of the same or other requirements;
(5) There is a history of overall compliance; and
(6) The violation was voluntarily disclosed, admitted or cured.
(Ord. 1326, passed 4-3-2017)
All franchisees or providers shall, within 30 days after city’s written demand therefor, reimburse the city for all reasonable direct and indirect costs and expenses incurred by the city in connection with any modification, amendment, renewal or transfer of the franchise or any franchise agreement consistent with applicable state and federal statutes.
(Ord. 1326, passed 4-3-2017)
Each franchise agreement shall include, to the extent permitted by law, the following limit on city liability for damage to provider’s facilities: unless directly caused by the city’s negligent, intentional or malicious acts, and at all times limited by the state statutory and constitutional tort claim limits without exception, the city shall not be liable for any damage or injury to or loss of any facility, property or person as a result of or in connection with any city public works, public improvements, construction, excavation, grading, filling or work of any kind in the public rights-of-way by or on behalf of the city, or for any consequential losses resulting directly or indirectly therefrom.
(Ord. 1326, passed 4-3-2017) Penalty, see § 91.999
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