Ord 2012-032 - Laserfiche WebLink

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13.2 The foregoing shall not constitute a material breach of this Franchise if the violation occurs without the fault of PEC or of its employees or occurs as a result of circumstances beyond PEC's control. PEC shall not be excused by mere economic hardship, misfeasance or malfeasance of its directors, officers, or employees. 13.3 To declare a forfeiture of this Franchise, the City shall make written demand that PEC comply with any provision, rule, order or determination pursuant to or contained within this Franchise. If PEC fails to take corrective action within thirty (30) days following receipt of the written demand to cure the violation, the Council may terminate the Franchise. The City shall cause to be served upon PEC, at least twenty (20) days prior to the date of consideration of termination of the Franchise by the Council in open meeting, a written notice of Council's intent to consider such termination and the time and place of the meeting. 13.3.1 Upon meeting pursuant to notice, the Council shall: (1) hear and consider the issue, (2) hear any interested person, and (3) shall determine whether or not any violation by PEC has occurred. 13.3.2 If the Council determines that a violation occurred and that the violation was the fault of PEC and within its control, the Council may declare the Franchise of PEC forfeited and terminated. The Council may also take such other appropriate action including, but not limited to, granting a period of time to cure the violation. SECTION 14. Foreclosure, Receivership and Bankruptcy 14.1 PEC shall notify the City within thirty (30) days after the appointment of a receiver or trustee to take over and conduct the business of PEC, whether in receivership, reorganization, bankruptcy, or other action or proceeding, whether voluntary or involuntary, such notice to include where applicable the cause number and court involved. SECTION 15. Miscellaneous 15.1 Venue. The venue for all causes of action arising under this Ordinance shall be in a court of competent jurisdiction in Hays County, Texas. 15.2 Amendment of Franchise Agreement. This Franchise agreement may not be amended except as provided in the San Marcos City Charter. 15.3 Waiver of Breach. The waiver by either party of any breach or violation of any provision of this Franchise shall not be deemed to be a waiver or a continuing waiver of any subsequent breach or violation of the same or any other provision of this Franchise agreement. 16