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3 <br />� <br />� <br />� <br />8 <br />� <br />I� <br />I1 <br />1� <br />1� <br />1� <br />I .5 <br />]6 <br />]� <br />1 #� <br />1 �� <br />it� <br />,� <br />2? <br />C <br />more following such written demand, without having been corrected or remedied, the <br />matter of forfeiture and termination of the franchise shall then be taken before the <br />City Council. The City shall cause to be served upon the franchisee at least twenty <br />(20) days prior to the date of such Council meeting a written notice of intent to <br />terminate the franchise, including the time and place of the meting. Public notice <br />shall be given of the meeting and the issue which the Council is to consider. The City <br />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 substantial breach. If the <br />Council determines that there has been a substantial breach, the franchisee shall have <br />such period of time as the Council may set, but not less than thirty (30) days in which <br />to cure the substantial breach; provided, that no opportunity for cure need be given <br />for fraud or misrepresentation or for circumstances which may immediately adversely <br />affect the public health, safety or welfare. At the expiration of the period of time set <br />for compliance, the Council may terminate the franchise forthwith upon finding that <br />the franchisee has failed to cure the breach. <br />Unless otherwise approved by the City, upon termination of this franchise, the <br />franchisee shall remove all transit shelters and support equipment and apparatus <br />installed by it pursuant to this Franchise Ordinance, within six i't���r7 -.��� days <br />of termination. However, the Director of Public Works may grant permission to the <br />Franchisee to leave all or any portion of the infrastructure on terms and conditions <br />established by the Director. If, after ninety 90 days of the termination date, the <br />franchisee has not removed all equipment and facilities that may be located along, <br />�� over or under any street or highway within the City, the franchisee shall forfeit said <br />�-� improvements to the City. The performance bond or letter of credit posted in <br />�� accordance with Section 22 shall remain posted to insure that the streets, highways <br />�� and public places from which such equipment is removed shall be placed in good <br />� ? condition. <br />�� <br />�a� SECTION 2: Effective date. This ordinance shall take effect upon its passage and <br />3� I publication <br />�l <br />32 Passed by the City Council of the City of Roseville this day of ,2005. <br />