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is to consider. The City Council, or a committee thereof, shall hear and consider the issue and the Council shall, in its discretion, determine whether there has been a substantial breach. If the Council determines that there has been a substantial breach, the franchisee shall have such period of time as the Council may set, but not less than thirty (30) days in which to cure the substantial breach; provided, that no opportunity for cure need be given for fraud or misrepresentation or for circumstances which may immediately adversely affect the public health, safety or welfare. At the expiration of the period of time set for compliance, the Council may terminate the franchise forthwith upon finding that the franchisee has failed to cure the breach. C. Unless otherwise approved by the City, upon termination of this franchise, the franchisee shall remove all transit shelters and support equipment and apparatus installed by it pursuant to this Franchise Ordinance, within sixty (60) days of termination. However, the Director of Public Works may grant permission to the Franchisee to leave all or any portion of the infrastructure on terms and conditions established by the Director. If, after ninety 90 days of the termination date, the franchisee has not removed all equipment and facilities that may be located along, over or under any street or highway within the City, the franchisee shall forfeit said improvements to the City. The performance bond or letter of credit posted in accordance with Section 22 shall remain posted to insure that the streets, highways and public places from which such equipment is removed shall be placed in good condition. (Ord. 1318, 04-11-2005) 1207.26: DISPOSITION OF SHELTERS ON EXPIRATION OF FRANCHISE: A. In the event that the franchise expires and is not renewed, the City may purchase the shelters and facilities then in place upon such terms and for such consideration as may be agreed to by the City and the franchisee prior to the expiration of the franchise. If prior to the expiration of the franchise or within ninety (90) days following such expiration the City elects to award a franchise to any other person or company, and the City elects to have the new franchisee operate and maintain the shelters which have been installed pursuant to this franchise, then the new franchisee shall purchase such shelters on such terms and for such consideration as may be agreed to by the new franchisee and the prior franchisee. B. Notwithstanding the provisions of paragraph A of this section, in the event that the term of this franchise expires and the City and franchisee have not renewed the franchised for an additional term, the franchisee shall at its own expense remove all of the shelters and facilities which it has installed or caused to be installed upon or below the public streets and highways or public places of the City and shall restore the streets and highways of the City to their former condition in a manner satisfactory in the judgment of the Director of Public Works. If the franchisee fails to remove all such shelters and facilities within ninety (90) days after the expiration of the franchise, the City may have the shelters and facilities removed and require the franchisee to pay the cost of such removal. In the event that the shelters and facilities have not been sold pursuant to paragraph A of this section or removed by the franchisee, all right and title to the shelters shall be deemed to have passed to and vested in the City. The franchisee agrees that in such circumstances it will execute such documents as the City Attorney may require to transfer the title to such shelters and facilities. 1207.27: NONDISCRINHNATION: The franchisee, its agents, employees, contractors and subcontractors shall at all times comply with the provision of the City of Roseville Code and applicable state and federal law regarding nondiscrimination and civil rights in connection with its services provided pursuant to this Franchise Ordinance. (Ord. 1324, 08-08- 2005)