§ 70-213. Inspection; correction of defects of the system.

(a)

The city shall be able to inspect the construction and location of the system by the grantee to insure the proper performance of the terms of this chapter.

(b)

If the grantee should violate any of the terms of this chapter or any of the rules and regulations as may hereafter be from time to time lawfully adopted, or any provision of the franchise agreement, the city shall promptly give grantee written notice of the violation, breach, default or noncompliance. The grantee shall within 30 days after service of such notice substantially undertake and promptly correct such default, breach, violation or noncompliance and certify the same to the city. In the event that the grantee fails to substantially undertake such corrective action within 30 days of the date of such written notice and promptly complete the corrective action, the city may, notwithstanding any other remedies provided in this chapter, or otherwise available under law:

(1)

Make such correction itself and charge the cost of the same to the grantee; and/or

(2)

Secure the proceeds from any financial performance instrument posted by the grantee or impose the sum of $100.00 per day for each day as liquidated damages following the cure date that grantee fails to complete the corrective action; and/or

(3)

For a material breach of this chapter or the franchise agreement, declare the grantee in default and terminate the franchise and the rights granted under the franchise pursuant to the provisions of section 70-19.

(Ord. No. 99-46, § 1, 8-12-99)