1961 ORDINANCES - Laserfiche WebLink

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3 SECTION 8. IF AT ANY TIME IN CASE OF FIRE IN THE CITY IT SHALL BECOME NECESSARY IN THE JUDGMENT OF THE CITY MANAGER OR THE CHIEF OF THE FIRE DEPARTMENT TO CUT OR MOVE ANY OF THE WIRES) CABLES AMPLIFIERS APPLIANCES OR OTHER FIXTURES OF THE GRANTEE, THIS MAY BE DONE AND THE REPAIRS THEREBY • RENDERED NECESSARY SHALL BE MADE BY THE GRANTEE AT ITS OWN COST AND EXPENSE AND WITHOUT CHARGE AGAINST THE CITY. SECTION 9. WHENEVER IT BECOMES NECESSARY IN THE OPINION OF THE CITY MANAGER, OR HIS DULY AUTHORIZED AGENTS TO DISCONTINUE SERVICES OF THE GRANTEE FOR THE PROTECTION OF THE PUBLICS DURING THE PROGRESS OF A STORM OR FIRE OR OTHER EMERGENCY IN THE CITY, THE GRANTEE SHALL IMMEDIATELY UPON RECEIPT OF SUCH NOTICE FROM THE CITY MANAGER, OR HIS DULY AUTHORIZED AGENT, DISCONTINUE ITS SERVICE IN THE AREA DESIGNATED IN SUCH NOTICES IN SUCH MANNER AS THE GRANTEE SHALL DEEM BEST. SERVICE SHALL REMAIN DIS- CONTINUED UNTIL NOTIFIED BY THE CITY MANAGERy OR HIS DULY AUTHORIZED AGENT, THAT IT MAY BE RESTORED, WITHOUT LIABILITY IN THE MEANTIME FOR FAILURE TO SUPPLY SERVICES TO ANY PERSON., FIRM OR CORPORATION. SECTION 10. ANY PERSON WHO SHALL MALICIOUSLY OR WRONGFULLY TAMPER OR INTERFERE WITH,, CUT, INJURE OR DESTROY ANY OF THE CABLES, WIRES, AMPLIFIERS APPLIANCES OR FIXTURES, OR OTHER PROPERTY OF THE GRANTEE, CONSTRUCTED AND MAINTAINED IN ACCORDANCE WITH THE PROVISIONS OF THIS ORDINANCE, WITHIN THE CORPORATE • LIMITS OF THE CITY, SHALL ON CONVICTION THEREOF.7 BE GUILTY OF A MISDEMEANOR. SECTION 11. ALL THE RIGHTS AND PRIVILEGES HEREBY GRANTED TO THE GRANTEE., MAY BE EXERCISED BY ANY SUCCESSOR OR SUCCESSORS, ASSIGNEE OR ASSIGNEES, APPROVED BY CITY COUNCIL, BUT SUCH SUCCESSOR OR SUCCESSORS, ASSIGNEE OR ASSIGNEES SHALL BE SUBJECT TO ALL PROVISIONS, OBLIGATIONS, STIPULATIONS AND PENALTIES HEREIN PRESCRIBED. SECTION 12. IF AT ANY TIME THE CITY COUNCIL DETERMINES THAT THE GRANTEE IS NOT COMPLYING WITH THE TERMS AND PROVISIONS OF THIS ORDINANCE OR ANY REGULATION OR ORDINANCE HERETOFORE OR HEREAFTER ADOPTED BY THE COUNCIL IN THF EXERCISE OF ITS POLICE POWERSj, IT SHALL GIVE NOTICE OF SUCH DETERMINATION IN WRITING TO THE GRANTEE AND IF THE GRANTEE FAILS TO COMPLY WITH THE REQUIREMENTS OF THIS ORDINANCE OR THE PERTINENT REGULATIONS WITHIN A REASONABLE TIMES NOT TO EXCEED THIRTY DAYS AFTER SUCH NOTICE., UNLESS THE TIME BE FURTHER EXTENDED BY THE COUNCIL, THEN IT SHALL UPON CONVICTION THEREOF BE LIABLE TO A FINE OF NOT LESS THAN $5.00 NOR MORE THAN $50.00 PER DAY, FOR EACH DAY'S FAILURE AFTER THE EXPIRATION OF SUCH WRITTEN NOTICE. HOWEVER IN THE EVENT GRANTEE CONTESTS ITS LIABILITY FOR SUCH FINE OR APPEALS FROM THE DECISION IMPOSING THE SAME, THE GRANTEE SHALL BE SUBJECT TO NO FURTHER PENALTY UNTIL ITS LIABILITY SHALL HAVE BEEN FINALLY ESTABLISHED AND FOR A REASONABLE TIME THEREAFTER NOT EXCEEDING THE PERIOD OF THIRTY DAYS OR SUCH LONGER TIME AS SHALL BE ALLOWED BY THE COUNCIL. IF GRANTEE FAILS TO COMPLY WITH THE REQUIREMENTS OF THIS ORDINANCE OR PERTINENT REGULATIONS PRIOR TO THE EXPIRATION OF THE PERIOD OF THIRTY DAYS FROM THE DATE GRANTEE'S LIABILITY IS FINALLY ESTABLISHED., WHETHER OR NOT CONTESTED, THE CITY COUNCIL MAY DECLARE GRANTEE S FRANCHISES AS SET FORTH IN THIS ORDINANCES TO BE FORFEITED AND TERMINATED. • SECTION 13. THE PENALTIES PRESCRIBED BY THIS ORDINANCE AND ANY OR ALL OTHER PENALTIES OR PROVISIONS FOR THE ENFORCEMENT OF THE TERMS OF THIS ORDINANCE HEREIN CONTAINED SHALL BE CONSTRUED TO BE CUMULATIVE AND SHALL NOT AFFECT OR LIMIT IN ANY WAY ANY RIGHT WHICH THE CITY MAY HAVE AGAINST THE GRANTEE IN LAW OR IN EQUITY OR BY STATUTE OR OTHERWISE FOR THE ENFORCEMENT OF THE PROVISIONS OF THIS ORDINANCEy OR TO INSURE TO SUBSCRIBERS IN THE CITY ADEQUATE SERVICE AT REASONABLE RATES THROUGHOUT THE TERM OF THIS GRANT. SECTION 14. ALL DEBTS, PENALTIES OR FORFEITURES ACCURING TO THE CITY UNDER THE TERMS OF THIS ORDINANCE SHALL CONSTITUTE A LIEN UPON THE PROPERTY AND FRANCHISE OF THE GRANTEE WITHIN THE CITY PRIOR TO ALL OTHER DEBTS, LIENS OR OBLIGATIONS WHATSOEVER WHETHER SUCH SHALL ACCRUE TO THE CITY BEFORE OR AFTER THE CREATION OF ANY LIEN OR MORTGAGE OR OTHERWISE UPON SUCH PROPERTIES OR FRANCHISE IN FAVOR OF ANY PERSON OR CORPORATION WHATSOEVER, OR THE HOLDERS OF ANY BONDS OR OTHER INDEBTEDNESS SECURED BY SUCH MORTGAGE OR LIEN. SECTION 15. UPON THE EXPIRATION OF THE TERM OF THIS GRANT, OR UPON THE TERMINATION OF THE RIGHTS HEREBY GRANTED., BY SURRENDER, FORFEITURE OR OTHERWISE, ALL OF THE WIRES) CABLES, AMPLIFIERS APPLIANCES • AND EQUIPMENT OF THE GRANTEE IN THE STREETS, ALLEYS OR PUBLIC PLACES OF THE CITY SHALL BE REMOVED AT THE EXPENSE OF THE GRANTEE WITHIN A REASONABLE TIME, TO BE PRESCRIBED BY THE CITY COUNCIL.