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Agenda Packets - 1998/05/04
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Agenda Packets - 1998/05/04
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Last modified
1/28/2025 4:47:46 PM
Creation date
6/18/2018 6:00:01 AM
Metadata
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MV Commission Documents
Commission Name
City Council
Commission Doc Type
Agenda Packets
MEETINGDATE
5/4/1998
Supplemental fields
City Council Document Type
City Council Packets
Date
5/4/1998
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i. Grantee has violated material provisions(s) of this Franchise; or <br /> ii. Grantee has attempted to evade any of the provisions of the <br /> Franchise; or <br /> iii. Grantee has practiced fraud or deceit upon City. <br /> City may revoke this Franchise without the hearing required by 9.2(b) <br /> herein if Grantee is adjudged a bankrupt. <br /> 2. Procedures for Revocation. <br /> a. City shall provide Grantee with written notice of a cause for revocation and <br /> the intent to revoke and shall allow Grantee thirty (30) days subsequent to <br /> receipt of the notice in which to correct the violation or to provide adequate <br /> assurance of performance in compliance with the Franchise. In the notice <br /> required herein, City shall provide Grantee with the basis of the revocation. <br /> b. Grantee shall be provided the right to a public hearing affording due <br /> process before the City Council prior to the effective date of revocation, <br /> which public hearing shall follow the thirty (30) day notice provided in <br /> subparagraph (a) above. City shall provide Grantee with written notice of <br /> its decision together with written findings of fact supplementing said <br /> decision. <br /> c. Only after the public hearing and upon written notice of the determination <br /> by City to revoke the Franchise may Grantee appeal said decision with an <br /> appropriate state or federal court or agency. <br /> d. During the appeal period, the Franchise shall remain in full force and effect <br /> unless the term thereof sooner expires or unless continuation of the <br /> Franchise would endanger the health, safety and welfare of any person or <br /> the public. <br /> 3. Abandonment of Service. Grantee may not abandon the System or any portion <br /> thereof without having first given three (3) months written notice to City. Grantee <br /> may not abandon the System or any portion thereof without compensating City for <br /> damages resulting from the abandonment, including all costs incident to removal <br /> of the System. <br /> 4. Removal After Abandonment, Termination or Forfeiture. <br /> a. In the event of termination or forfeiture of the Franchise or abandonment <br /> of the System, City shall have the right to require Grantee to remove all or <br /> 27 <br />
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