Ord 2012-032 - Laserfiche WebLink

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Establishing Procedures for Disposition of All or a Substantial Portion of the Cooperative's Property adopted July 2010) for its System, PEC shall deliver a copy of the adopted Board resolution making such determination to the City. SECTION 11. Violations. 11.1 If PEC is in violation of this Franchise, the City Manager or designee shall notify PEC in writing of the violation setting forth the nature of such violation. Within twenty -one (21) days of receipt of such notice, or such longer period specified by the City, PEC shall respond in writing that the violation has been cured or provide a cure plan or schedule that satisfies the City Manager or provide an explanation with documentation to evidence that an alleged violation did not occur. 11.2 Notwithstanding Section 11.1, PEC shall be allowed thirty (30) days from the date of PEC's response to comply with the terms of this Franchise. If the nature of the violation is such that it cannot by fully cured within thirty (30) days due to circumstances not under PEC's control, the period of time in which PEC must cure the violation shall be extended by the City Manager or designee in writing for such additional time reasonably necessary in the City Manager's sole opinion to complete the cure, provided that (i) PEC has commenced cure, and (ii) PEC is diligently pursuing its efforts to cure in the City Manager's reasonable judgment. 11.3 Upon evidence being received by the City that violations of this Franchise or City Charter provisions have occurred, or continue to occur after the thirty (30) day period, or any additional time necessary to cure, as allowed under Section 11.2, the City may make an investigation. If the City finds that such a violation continues to exist or has occurred, then the City or PEC may take an action authorized by law, subject to Section 11, including forfeiture of this Franchise and a suit in court to compel compliance. 11.4 Failure by the City or PEC to enforce rights under this Franchise does not constitute a waiver of the rights. SECTION 12. Notices 12.1 Notices required under this Franchise will be provided by the parties to one another by certified mail, return receipt requested, to the following addresses: 14