If any person shall exercise a right or privilege for which he or it is required by
the Charter to obtain a franchise without having first obtained such franchise from
the City, the City may establish by ordinance the reasonable amount or percentage
that such person shall pay to the City for the exercise of such right or privilege
within the City for which a franchise is required, and if such person shall thereafter
fail to pay to the City on demand such amount or percentage which has been so established
by ordinance, the City shall have the right to enforce the payment thereof from such
person. If the grantee of any franchise shall fail or refuse to comply with any of
the provisions or conditions set out in this or any franchise ordinance enacted by
the Council, the City may declare a forfeiture, and/or may sue such person for damages
for such noncompliance, and/or may exercise any other rights or remedies provided
by law.
As a separate and alternate remedy, if the grantee of any franchise shall fail or
refuse to comply with any of the provisions, conditions, obligations or duties set
out in this or any franchise ordinance enacted by the Council, the City may notify
said grantee in writing to perform said obligations or duties. In the event that the
grantee shall fail to comply with said notice within thirty (30) days, the City may,
at its option, proceed to perform the obligations or duties itself. All costs incurred
by the City thereby shall become a charge against the grantee of the franchise. If
the grantee fails or refuses to pay the amount of such costs within thirty (30) days
from the date that such costs are submitted to said grantee in writing, the City may
proceed to collect such costs by an action at law.
(Sec. 21, Ord. 1048-N.S.)
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