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2015-008
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2015-008
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U.S.C. § 541(a)(3): Five Hundred dollars ($500) per day for each day or <br /> part thereof that such violation continues. <br /> vii. For failure to comply with any of the provisions of this Franchise, or other <br /> City ordinance for which a penalty is not otherwise specifically provided <br /> pursuant to this paragraph c, the penalty shall be $250.00 per day for each <br /> day, or part thereof, such failure occurs or continues. <br /> d. Each violation of any provision of this Franchise shall be considered a separate <br /> violation for which a separate penalty can be imposed. <br /> e. Whenever City finds that Grantee has violated one or more terms, conditions or <br /> provisions of this Franchise, or for any other violation contemplated in Section 9, <br /> Paragraph 2(c) above, a written notice shall be given to Grantee informing it of <br /> such violation. At any time after thirty(30) days (or such longer reasonable time <br /> which, in the sole determination of City, is necessary to cure the alleged violation) <br /> following local receipt of notice, provided Grantee remains in violation of one or <br /> more terms, conditions or provisions of this Franchise, in the sole opinion of City, <br /> City may draw from the Letter of Credit all penalties and other monies due City <br /> from the date of the local receipt of notice. <br /> f. Whenever the Letter of Credit is drawn upon, Grantee may, within seven (7) days <br /> of such draw, notify City in writing that there is a dispute as to whether a <br /> violation or failure has in fact occurred. Such written notice by Grantee to City <br /> shall specify with particularity the matters disputed by Grantee. All penalties <br /> shall continue to accrue and City may continue to draw from the Letter of Credit <br /> during any appeal pursuant to this subparagraph f. <br /> i. City shall hear Grantee's dispute within sixty(60) days and render a final <br /> decision within sixty (60) days thereafter. <br /> ii. Upon the determination of City that no violation has taken place, City <br /> shall refund to Grantee, without interest, all monies drawn from the Letter <br /> of Credit by reason of the alleged violation. <br /> g. If said Letter of Credit or any subsequent Letter of Credit delivered pursuant <br /> thereto expires prior to thirty (30) months after the expiration of the term of this <br /> Franchise, it shall be renewed or replaced during the term of this Franchise to <br /> provide that it will not expire earlier than thirty (30) months after the expiration of <br /> this Franchise. The renewed or replaced Letter of Credit shall be of the same <br /> form and with a bank authorized herein and for the full amount stated in <br /> Paragraph A of this Section. <br /> h. If City draws upon the Letter of Credit or any subsequent Letter of Credit <br /> delivered pursuant hereto, in whole or in part, Grantee shall replace or replenish <br /> to its full amount the same within ten (10) days and shall deliver to City a like <br /> 27 <br />
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