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2002_1202_packet
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2002_1202_packet
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when so ordered to take down, rebuild or repair any defective or unsatisfactory work or to <br />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 <br />this ordinance; or <br />(5) If the franchisee refuses or neglects to comply with any reasonable order of the <br />Director of Public Works; or <br />(6) If the franchisee persists in any course of conduct in violation of any of the provisions <br />of this ordinance; or <br />(7) If the City receives notice of intention not to renew or the franchisee fails to keep in <br />force its insurance, required herein. <br />B. The Director of Public Works may make a written demand by certified mail that a <br />franchisee comply with any such provision, rule, order or determination under or <br />pursuant to this franchise. Such notice sha11 be entitled "Forfeiture and Termination <br />Notice." If the violation by the franchisee continues for a period of thirty (30) days or <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 City <br />Council. The City sha11 cause to be served upon the franchisee at least twenty (20) days <br />prior to the date of sucl� Council meeting a written notice of intent to terminate the <br />franchise, including the time and place of the meeting. Public notice shall be given of the <br />meeting and the issue which the Council is to consider. The City Council, or a committee <br />thereof, shall hear and consider the issue and the Council shall, in its discretion, <br />determine whether there has been a breach. If the Council determines that there has been <br />a breach, the franchisee shall have such period of time as the Council may set, but not <br />less than thirty (30) days in which to cure the breach; provided, that no opportunity for <br />cure need be given for fraud or misrepresentation or for circumstances which may <br />adversely affect the public health, safety or welfare. At the expiration of the period of <br />time set for compliance, the Council may terminate the franchise forthwith upon finding <br />that the franchisee has failed to cure the breach. <br />C. Unless otherwise approved by the City, upon termination of this franchise, the <br />franchisee shall remove all transit shelters and support equipment and apparatus installed <br />by it pursuant to this Franchise Ordinance, within thirty (30) days of termination. If, after <br />ninety 90 days of the termination date, the franchisee has not removed all equipment and <br />facilities that may be located along, over or under any street or highway within the City, <br />the franchisee shall forfeit said improvements to the City. The performance bond or letter <br />of credit posted in accordance with Section 22 shall remain posted to insure that the <br />streets, highways and public places from which such equipment is removed shall be <br />placed in good condition. <br />� <br />
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