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CC_Minutes_2003_0728
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CC_Minutes_2003_0728
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7/17/2007 9:35:55 AM
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Roseville City Council
Document Type
Council Minutes
Meeting Date
7/28/2003
Meeting Type
Regular
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<br />(6) If the franchisee persists in any course of conduct in violation of any of the <br />provisions of this ordinance; or <br /> <br />(7) If the City receives notice of intention not to rene\v or the franchisee fails to <br />keep in force its insurance, required herein. <br /> <br />B. The Director of Public Works may make a written delnand by certified mail <br />that a franchisee comply with any such provision, rule order or determination <br />under or pursuant to this franchise. Such notice shall be entitled "Forfeiture <br />and Termination Notice." If the violation by the franchisee continues for a <br />period of thirty (30) days or more following such written demand, without <br />having been corrected or remedied, the matter of forfeiture and termination of <br />the franchise shall then be taken before the City Council. The City shall cause <br />to be served upon the franchisee at least twenty (20) days prior to the date of <br />such Council meeting a written notice of intent to terminate the franchise, <br />including the time and place of the meting. Public notice shall be given of the <br />meeting and the issue which the Council is to consider. The City Council, or a <br />committee thereof, shall hear and consider the issue and the Council shall, in <br />its discretion, determine whether there has been a breach. If the Council <br />determines that there has been a breach, the franchisee shall have such period <br />of time as the Council may set, but not less than thirty (30) days in which to <br />cure the breach; provided, that no opportunity for cure need be given for fraud <br />or misrepresentation or for circumstances which may immediately adversely <br />affect the public health, safety or welfare. At the expiration of the period of <br />time set for compliance, the Council may terminate the franchise forthwith <br />upon finding that the franchisee has failed to cure the breach. <br /> <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 <br />apparatus installed by it pursuant to this Franchise Ordinance, within thirty <br />(30) days of termination. However, the Director of Public Works may grant <br />permission to the Franchisee to leave all or any portion of the infrastructure on <br />terms and conditions established by the Director. If, after ninety 90 days of the <br />termination date, the franchisee has not removed all equipment and facilities <br />that may be located along, over or under any street or highway within the City, <br />the franchisee shall forfeit said improvements to the City. The performance <br />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 <br />equipment is removed shall be placed in good condition. <br /> <br />10 <br />
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