Ord 1981-076 - Laserfiche WebLink

Home Browse Search

operations here authorized to be performed by Company, and that public convenience and necessity will be served by the granting of this franchise. K. Non-exclusivity: The right to use and occupy said streets, public ways and places for the purposes herein set forth shall not be exclusive and the City reserves the right to grant a similar use of said streets, public ways and places to any person at any time during the period of this franchise. L. Non-discrimination: Company shall not discriminate on the basis of age, sex, color, race or national origin in any services provided pursuant to this franchise grant. M. Forfeiture and Penalty: The City shall have the right to investigate the manner of operation of the service of the Company for the purpose of securing to the City efficient and economical service for the purposes herein more fully set out by said Company. The City may at any time declare a forfeiture of this franchise for the violation or default by the Company of any of the terms thereof, provided that none of the terms of this franchise shall be deemed to be violated so as to permit such forfeiture, unless the Company shall first be given notice of such violation or default and of the intent to declare a forfeiture and thereafter such violation or default shall continue for a period of more than thirty (30) days, and in such event all the rights and privileges of said Company under the provisions of this franchise may be forthwith declared forfeited and re- voked; provided, however, that the Company shall not be deemed to be in default for performance of any provision of this franchise nor shall any forfeiture be invoked for any violation of or failure to perform any provision here- of due to strikes, insurrections, acts of God or any other causes beyond the control of the Company; and provided further that after service has been rendered for two (2) years after the effective date of this franchise ordinance, either the Company or the City may terminate further franchise privileges and rights hereunder after giving the other party at least one hundred eighty (180) days prior written notice of such intention to terminate. PART 2. That if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitu- tional by an court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. PART 3. That this franchise shall become effective thirty days after its final passage upon the condition that Armadillo Express shall have filed its written acceptance of the same with the City Secretary prior to that date. PASSED AND APPROVED on first reading August 24, 1981. PASSED AND APPROVED on second reading September 14, 1981. PASSED, APPROVED AND ADOPTED September 2 , 1. Emmie Craddock Mayor Attest: Armadillo Express Janis K. Womack By; City Secretary Mike Mclnt're Approved: Melinda A. McIntire Barbara Jea dwar s Published in its entirety in DAILY RECORD September 1, 1981. City Attorney Caption published in DAILY RECORD October 4, 1981.