Laserfiche WebLink
<br />City may revoke this Franchise without the hearing required by Section 10, <br />Paragraph.2 herein if Grantee is adjudged a bankrupt. <br /> <br />2. Procedures for Revocation. <br /> <br />a. City shall provide Grantee with written notice of a cause for revocation and the <br />intent to revoke and shall allow Grantee thirty (30) days subsequent to receipt of <br />the notice in which to correct the violation or to provide adequate assurance of <br />performance in compliance with the Franchise. In the notice required herein, City <br />shall provide Grantee with the basis of the revocation. <br /> <br />b. Grantee shall be provided the right to a public hearing affording due process <br />before the City Council prior to the effective date of revocation, which public <br />hearing shall follow the thirty (30) day notice provided in subparagraph (a) above. <br />City shall provide Grantee with written notice of its decision together with written <br />findings of fact supplementing said decision. <br /> <br />c. Only after the public hearing and upon written notice of the determination by City <br />to revoke the Franchise may Grantee appeal said decision with an appropriate <br />state or federal court or agency. <br /> <br />d. During the appeal period, the Franchise shall remain in full force and effect unless <br />the term thereof sooner expires or unless continuation of the Franchise would <br />endanger the health, safety and welfare of any person or the public. <br /> <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 may not <br />abandon the System or any portion thereof without compensating City for damages resulting <br />from the abandonment, including all costs incident to removal of the System. <br /> <br />4. Removal After Abandonment, Termination or Forfeiture. <br /> <br />a. In the event of termination or forfeiture of the Franchise or abandonment of the <br />System, City shall have the right to require Grantee to remove all or any portion <br />of the System from all Rights-of-Way and public property within City. <br /> <br />b. If Grantee has failed to commence removal of System, or such part thereof as was <br />designated by City, within thirty (30) days after written notice of City's demand <br />for removal is given, or if Grantee has failed to complete such removal within <br />twelve (12) months after written notice of City's demand for removal is given, <br />City shall have the right to apply funds secured by the Letter of Credit and <br />Performance Bond toward removal and/or declare all right, title, and interest to <br />the System to be in City with all rights of ownership including, but not limited to, <br />the right to operate the System or transfer the System to another for operation by <br />it. <br />54