Laserfiche WebLink
(7) If the City receives notice of intention not to renew or the franchisee fails to keep in <br />force its insurance, required herein, <br />B. The Director of Public works may make a written demand by certified mail that a <br />franchisee comply with any such provision, rule, order or determination under or <br />pursuant to this franchise. Such notice shall be entitled "`Forfeiture and Ternnination <br />Notice." If the violation by the franchisee continues for a period of thirty (30) days or <br />more following such written demand, without having been corrected or remedied, the <br />matter of forfeiture and termination of the franchise shall then be taken before the City <br />Council. The City shall cause to be served upon the franchisee at least twenty 20) days <br />prior to the date of such Council meeting a written notice of intent to terminate the <br />franchise, including the time and place of the meeting. public notice shall be given of the <br />meeting and the issue which the Council 1s to consider. The City Council, or a committee <br />thereof, shall hear and consider the issue and the Council shall, in its discretion, <br />determine whether there has been a breach. If the Council determines that there has been <br />a breach, the franchisee shall have such period of time as the Council may set, but not <br />less than thirty (30) days in which to cure the breach; provided, that no opportunity for <br />cure need be given for fraud or misrepresentation or for circumstances which may <br />immediately adversely affect the public health, safety or welfare. At the expiration of the <br />period of time set for compliance, the Council may terminate the franchise forthwith <br />upon finding that the franchisee has failed to cure the breach. <br />C. Unless otherwise approved by the City, upon termination of this franchise, the <br />franchisee shall remove all transit shelters and support equipment and apparatus installed <br />by it pursuant to this Franchise Ordinance, within thirty (30) days of termination. <br />However, the Director of Public works may grant permission to the Franchisee to leave <br />all or any portion of the infrastructure on terms and conditions established by the <br />Director. If, after ninety 90 days of the termination date, the franchisee has not removed <br />all equipment and facilities that may be located along, over or under any street or <br />highway within the City, the framchisee shall forfeit said improvements to the City. The <br />performance bond or letter of credit posted in accordance with Section 22 shall remain <br />posted to insure that the streets, highways and public places from which such equipment <br />is removed shall be placed in good condition. <br />Section 26. Disposition of Shelters on Expiration of Franchise, <br />A. In the event that the franchise expires and is not renewed, the City may purchase the <br />shelters and facilities then in place upon such terms and for such consideration as may be <br />agreed to by the City and the franchisee prior to the expiration of the franchise. If prior to <br />the expiration of the franchise or within ninety (90) days following such expiration the <br />City elects to award a franchise to any other person or company, and the City elects to <br />have the new franchisee operate and maintain the shelters which have been installed <br />pursuant to this franchise, then the new franchisee shall purchase such shelters on such <br />9 <br />