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Last modified
7/17/2007 1:58:08 PM
Creation date
6/9/2005 10:37:37 AM
Metadata
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Template:
Planning Files
Planning Files - Planning File #
3389
Planning Files - Type
Miscellaneous
Project Name
Bus Shelters
Applicant
Outdoor Promotions
Status
Approved
Date Final City Council Action
7/15/2002
Planning Files - Ordinance #
1276
Agreement Name
Shelter Franchise
Additional Information
Non Exclusive Transit Stop Shelter Francihise
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<br />1 B. The Director of Public Works may make a written demand by certified mail that the <br />2 Company comply with any such provision, rule, order or determination under or pursuant <br />3 to this franchise. Such notice shall be entitled "Forfeiture and Termination Notice." If the <br />4 violation by the Company continues for a period of thirty (30) days or more following <br />5 such written demand, without having been corrected or remedied, the matter of forfeiture <br />6 and termination of the franchise shall then be taken before the City Council. The City <br />7 shall cause to be served upon the Company at least twenty (20) days prior to the date of <br />8 such Council meeting a written notice of intent to terminate the franchise, including the <br />9 time and place of the meeting. Public notice shall be given of the meeting and the issue <br />10 which the Council is to consider. The City Council, or a committee thereof, shall hear and <br />11 consider the issue and the Council shall, in its discretion, determine whether there has <br />12 been a substantial breach. If the Council determines that there has been a substantial <br />13 breach, the Company shall have such period of time as the Council may set, but not less <br />14 than thirty (30) days in which to cure the breach; provided, that no opportunity for cure <br />15 need be given for fraud or misrepresentation. At the expiration of the period of time set <br />16 for compliance, the Council may terminate the franchise forthwith upon finding that the <br />17 Company has failed to cure the breach. If the Company fails to cure, the City or any <br />18 stockholder of the Company may cure and the expense incurred shall be a debt of the <br />19 Company to the stockholder or the City, as the case may be. <br /> <br />20 C. Unless otherwise approved by the City, upon termination of this franchise, the <br />21 Company shall remove all transit shelters and support equipment and apparatus installed <br />22 by it pursuant to this Franchise Agreement, within thirty (30) days of termination. If, after <br />23 ninety 90 days of the termination date, the Company has not removed all equipment and <br />24 facilities that may be located along, over or under any street or highway within the City, <br />25 the company shall forfeit said improvements to the City. The performance bond or letter <br />26 of credit posted in accordance with Section 12 or Section 18 shall remain posted to insure <br />27 that the streets, highways and public places from which such equipment is removed shall <br />28 be placed in good condition. <br /> <br />29 Section 26. Disposition of Shelters on Expiration of Franchise. <br /> <br />30 A. In the event that the franchise expires and is not renewed, the City may purchase the <br />31 shelters and facilities then in place upon such terms and for such consideration as may be <br />32 agreed to by the City and the Company prior to the expiration of the franchise. If prior to <br />33 the expiration of the franchise or within ninety (90) days following such expiration the <br />34 City elects to award a franchise to any other person or Company, and the City elects to <br />35 have the new franchisee operate and maintain the shelters which have been installed <br />36 pursuant to this franchise, then the new franchisee shall purchase such shelters on such <br />37 terms and for such consideration as may be agreed to by the new franchisee and the <br />38 Company. <br /> <br />39 B. Notwithstanding the provisions of paragraph A of this section, in the event that the <br />40 term of this franchise expires and the City and Company have not renewed the franchise <br />41 for an additional term, the Company shall at its own expense remove all of the shelters <br />42 and facilities which it has installed or caused to be installed upon or below the public <br /> <br />10 <br />
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