2007-09-26 CC Packet - Laserfiche WebLink

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D.RAFT 9.4.6 Failure to comply with the insurance requirements of this Section shall constitute a material violation of this Franchise. SECT/ON 10. SALE, ABANDONMENT, TRANSFER AND REVOCATION OFFRANCH/SE 10. I. City's Ri!!ht to Revoke. 10./.1 In addition to all other rights which City has pursuant to law or equity. City reserves the right to commence proccedings to revoke, lenninate or cancel this Franchise, and all rights and privileges pertaining thereto. if it is determined by City that: 10.1.1.1 Grantee has violated material provisions(s) ofthis Franchise; or 10.1.1.2 Grantee has attempted to evade any of the provisions of the Franchise; or /0.1.1.3 Grantee has practiced Iraud or deceit upon the City or the Commission. City may rcvoke this Franchise without the hcaring required by Section 10.2.2 herein if Grantee is adjudged a bankrupt. /0.2. Procedures for Revocation. 10.2.1 The City shall provide the Grantee with written notice ofa cause for revocation and the intent to revoke and shall allow Grantee thirty (30) days subsequent to receipt of the notice in which to correct the violation or to provide adequate assuranee of performance in compliance with the Franchise. In the notiee required herein, the City shall provide the Grantee with the basis 1'01' revocation. 10.2.2 The Grantee shall be provided the right to a publie hearing aff'ording due process before the City Council prior to the effective date of revocation, which public hearing shall follow the thirty (30) day notice provided in subsection 10.2.1 above. The City shall provide the Grantee with written noticc of its decision together with written findings of fact supplementing said decision. 10.2.3 Only alter the public hearing and upon written notice of the detellnination by the City to revoke the Franchise may the Grantee appeal said decision with an appropriate state or federal court or agency. 50 15