Agenda - Council - 01/14/1997 - Laserfiche WebLink

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'1 ! I I I ! I I I I i I I I I I I I I public meeting would have to determine if they would have to determine if they wanted to proceed with termination of the franchise as a result of the violation. Creighton stated that Mr. Gibbs does not believe that the Commission has such authority in the Joint Powers agreement and Creighton stated that he believes that the Commission does. If the commission does determine that the company has violated a term of the condition of the franchise it may.notify the Company then start the letter of credit. If the Company believes that they have not violated a term or condition they can have opportunity to a public hearing. If at the public hearing the Commission were to determine that they agree with them that they are not in violation or if the Commission decides not to asses any penalties. Creighton informed the Commission that at a Commission level they do not have the authority to drew on the letter of credit. The City Manager must send a letter to advise that they wish to draw from the letter of credit. The amount and size of the letter of credit depends on the size of the city. This procedure requires notification from the Commission. The Franchise holder would then be given the opportunity to cure and have a public hearing on this issue and requires member municipalities to enforce the sanction. Creighton is recommending both remedies and that the Commission vote tonight to authorize staff and Chair to notify the cable company that they are in fact in default of the franchise and if they don't cure it the Commission then can at the next regular schedule meeting hold a public hearing. This meeting would determine whether or not the Commission should in fact recommend to the member cities termination of the Franchise. Also recommending the letter of credit sanction because the remedies are not exclusive and are basically different. Creighton stated that the Commission would commence notification of violation drawing from the letter of credit, fines would be assessed from point of violation which would be November 18, 1996. The fines are $100.00 max per day/per city/per violation, which would be $400.00 per 'day if all four cities were to agree with the Commissions recommendations and findings and decide to proceed with the assessment of penalties. Creighton stated that the Commission can waive or reduce these pena, lties if there is another compromise that can be worked out.