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Last modified
7/17/2007 9:24:14 AM
Creation date
5/11/2005 11:11:58 AM
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Roseville City Council
Document Type
Council Ordinances
Ordinance #
1318
Ordinance Title
AN ORDINANCE AMENDING TITLE 1207, SECTIONS 1207.08, 1207.09, 1207.10, 1207.11, 1207.12, 1207.18, and 1207.25 NON EXCLUSIVE TRANSIT STOP SHELTER FRANCHISE
Ordinance Date Passed
4/11/2005
Ordinance Date Published
4/19/2005
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<br />1 their receipt of the City's written notification requesting such removal, any advertisements which <br />2 the City in its reasonable discretion deems to be offensive to the Community, or in conflict with <br />3 the City's health, safety and welfare concerns. In the event that a franchisee fails to remove such <br />4 advertisements within such forty-eight (48) hour period, the City may remove the materials at the <br />5 franchisee's sole cost and expense. <br /> <br />6 1207.18: INDEMNIFICATION: <br /> <br />7 Franchisees shall defend, indemnify and hold harmless the City, its officers, agents, <br />8 representatives and employees from and against all liability, claims, demands and expenses <br />9 (including court costs and reasonable attorneys fees), on account of any injury, loss or damage, <br />10 arising out of or in connection with the presence of transit shcltcrs as allov.red by this Ordinance, <br />11 construction, operation, maintenance, location, or removal of any transit stop s-shelter owned by <br />12 franchisee. or arising out of or in connection with thc pcrformance by the franchisce of its <br />13 serviccs parsuant to thc franchise. <br /> <br />14 <br /> <br />15 1207.25: FORFEITURE: <br /> <br />16 A. The City shall, in addition to any other rights it may have, have the right to declare <br />17 that a franchisee has forfeited a franchise in the event of a substantial breach of its <br />18 terms and conditions, including, but not limited to, the following circumstances: <br />19 (1) If the franchisee becomes insolvent or is declared bankrupt or makes any <br />20 assignment for the benefit of its creditors; and <br />21 (2) If the franchisee assigns or transfers or attempts to assign or transfer the franchise, <br />22 or sells or leases or attempts to sell or lease any of its shelters without the <br />23 Council's pennission; or <br />24 (3) If the franchisee fails to install shelters on schedule as required by this Franchise <br />25 Ordinance or the grant of the particular franchise, or fails to conform to the <br />26 specifications contained in its application or the invitation for applications, or fails <br />27 to construct the shelters in a workmanlike manner to the satisfaction of the <br />28 Director of Public Works and in conformity with City ordinances and codes, or if <br />29 the franchisee refuses or neglects when so ordered to take down, rebuild or repair <br />30 any defective or unsatisfactory work or to maintain the shelter as required herein; <br />31 or <br />32 (4) If the franchisee fails to remove any shelter when ordered to do so in accordance <br />33 with this ordinance; or <br />34 (5) If the franchisee refuses or neglects to comply with any reasonable order of the <br />35 Director of Public Works; or <br />36 (6) If the franchisee persists in any course of conduct in violation of any of the <br />37 provisions of this ordinance; or <br />38 (7) If the City receives notice of intention not to renew or the franchisee fails to keep <br />39 in force its insurance, required herein. <br />40 B. The Director of Public Works may make a written demand by certified mail that a <br />41 franchisee comply with any such provision, rule order or determination under or <br />42 pursuant to this franchise. Such notice shall be entitled "Forfeiture and Termination <br />43 Notice." If the violation by the franchisee continues for a period of thirty (30) days or <br />
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