07-08-1998 Council Agenda - Laserfiche WebLink

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year, such as, but not limited to, working out of the allotted time period or working on right -of -way outside of the permit. E. If a. permittee, while on probation, commits a breach as outlined above, permittee's permit will automatically be revoked and permittee will not be allowed further permits for one (1) full year, except for emergency repairs. F. If a permit is revoked, the permittee shall also reimburse the City for the City's reasonable costs, including restoration costs and the costs of collection and reasonable attorneys' fees incurred in connection with such revocation. 2302.230. APPEALS. A. A person that: 1. has been denied registration; 2. has been denied a right -of -way permit; 3. has had its right -of -way permit revoked; or 4. believes that the fees imposed on the user by the City do not conform to the requirements of law, may have the denial, revocation, or fee imposition reviewed, upon written request, by the City Council. The City Council shall act on a timely written request at its next regularly scheduled meeting. A decision by the City Council affirming the denial, revocation, or fee imposition must be in writing and supported by written findings establishing the reasonableness of the decision. B. Upon affirmation by the City Council of the denial, revocation, or fee imposition, the telecommunications right -of -way user shall have the right to have the matter resolved by binding arbitration. Binding arbitration must be before an arbitrator agreed to by both the City and the person. If the parties cannot agree on an arbitrator, the matter must be resolved by a three - person arbitration panel made up of one arbitrator selected by the City, one arbitrator selected by the person, and one arbitrator selected by the other two arbitrators. The costs and fees of a single arbitrator shall be borne equally by the City and the person. In the event there is a third arbitrator, each party shall bear the expense of its own arbitrator and shall jointly and equally bear with the other party the expense of the third arbitrator and of the arbitration. C. Each party to the arbitration shall pay its own costs, disbursements, and attorney fees. 2302 -19 Page 94