2003-06-26_PWETC_AgendaPacket - Laserfiche WebLink

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I-V (7) If the City receives notice of intention not to renew or thc franchisee fails to keep in force its insurance, required herein. B. The Director of Public Works may make a written demand by certified mail that a franchisee comply with any such provision, rule, order or determination under or pursuant to this franchise. Such notice shall be entitled "Forfeiture and Termination Notice." If the violation by the franchisee continues for a period of thirty (30) days or more following such written demand, without having been corrected or remedied, the matter of forfeiture and termination of the franchise shall then be taken before the City Council. The City shall cause to be served upon the franchisee at least twenty (20) days prior to the date of such Council meeting a written notice of intent to telminate the franchise, including the time and place of the meeting. Public notice shall be given of the meeting and the issue which the Council is to consider. The City Council, or a committee thereof, shall hear and consider the issuc and the Council shall, in its discretion, determine whether there has been a breach. I I' the Council determines that there has been a breach, the franchisee shall have such pcriod of time as the Council may set, but not less than thil1y (30) days in which to cure the breach; provided, that no opp0l1unity for cure need be given for fraud or misrepresentation or for circumstanees 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 thirty (30) 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. Section 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 9