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<br />approved and the work completed. <br /> <br />1207.25: FORFEITURE: <br /> <br />A. The City shall, in addition to any other rights it may have, have the right to declare that a franchisee has <br />forfeited a franchise in the event of a substantial breach of its terms and conditions, including, but not <br />limited to, the following circumstances: <br />(1) If the franchisee becomes insolvent or is declared bankrupt or makes any assignment for the benefit of <br />its creditors; and <br />(2) Ifthe franchisee assigns or transfers or attempts to assign or transfer the franchise, or sells or leases or <br />attempts to sell or lease any of its shelters without the Council's permission; or <br />(3) If the franchisee fails to install shelters on schedule as required by this Franchise Ordinance or the grant <br />of the particular franchise, or fails to conform to the specifications contained in its application or the <br />invitation for applications, or fails to construct the shelters in a workmanlike manner to the satisfaction <br />of the Director of Public Works and in conformity with City ordinances and codes, or if the franchisee <br />refuses or neglects when so ordered to take down, rebuild or repair any defective or unsatisfactory work <br />or to maintain the shelter as required herein; or <br />(4) If the franchisee fails to remove any shelter when ordered to do so in accordance with this ordinance; or <br />(5) Ifthe franchisec refuses or neglects to comply with any reasonable order of the Director of Public <br />Works; or <br />(6) If the franchisee persists in any course of conduct in violation of any of the provisions of this ordinance; <br />or <br />(7) If the City receives notice of intention not to renew or the franchisee fails to keep in force its insurance, <br />required herein. <br />B. The Director of Public Works may make a written demand by certified mail that a franchisee comply <br />with any such provision, rule order or determination under or pursuant to this franchise. Such notice <br />shall be entitled "Forfeiture 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 having been corrected or <br />remedied, the matter of forfeiture and termination ofthe franchise shall then be taken before the City <br />Council. The City shall cause to be served upon the franchisee at least twenty (20) days prior to the <br />date of such Council meeting a written notice of intent to terminate the franchise, including the time <br />and place of the meting. Public notice shall be given of the meeting and the issue which the Council is <br />to consider. The City Council, or a committee thereof, shall hear and consider the issue and the Council <br />shall, in its discretion, determine whether there has been a breach. If the Council determines that there <br />has been a breach, the franchisee shall have such period of time as the Council may set, but not less <br />than thirty (30) days in which to cure the breach; provided, that no opportunity for cure need be given <br />for fraud or misrepresentation or for circumstances which may immediately adversely affect the public <br />health, safety or welfare. At the expiration of the period of time set for compliance, the Council may <br />terminate the franchise forthwith upon finding that the franchisee has failed to cure the breach. <br />C. Unless otherwise approved by the City, upon termination ofthis franchise, the franchisee shall remove <br />all transit shelters and support equipment and apparatus installed by it pursuant to this Franchise <br />Ordinance, within thirty (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 terms and conditions <br />established by the Director. If, after ninety 90 days ofthe termination date, the franchisee has not <br />removed all equipment and facilities that may be located along, over or under any street or highway <br />within the City, the franchisee shall forfeit said improvements to the City. The performance bond or <br />letter of credit posted in accordance with Section 22 shall remain posted to insure that the streets, <br />highways and public places from which such equipment is removed shall be placed in good condition. <br /> <br />1207.26: DISPOSITION OF SHELTERS ON EXPIRATION OF FRANCmSE: <br />