Ord 2007-039 - Laserfiche WebLink

Home Browse Search

SECTION 16. TERM OF FRANCHISE. I This franchise shall take effect and continue and remain in effect for a period of five (5) years from and after the date which is thirty (30) days after the date of final passage of this Ordinance, provided Grantee files a written acceptance of this franchise with the City within sixty (60) days after the date of the publication of notice of adoption of this Ordinance; and, at the end of the primary term, this franchise shall automatically renew itself for successive five (5) year periods unless Grantee or the City shall provide written notice to the contrary to the other at least ninety (90) days prior to the expiration of the primary term or any succeeding five (5) year renewal term. SECTION 17. FORFEITURE OF FRANCHISE. Notwithstanding any other provision of this ordinance, the City Council shall have the option to forfeit, cancel, or terminate this franchise for failure of Grantee to comply with any terms, conditions, or provisions of this franchise, or if Grantee fails to comply with any provisions of any ordinances of the City regulating the use by Grantee of the public property in accordance with the following procedures: a. If Grantee fails to comply with the terms and provisions of this franchise or of any applicable City ordinance for a period of thirty (30) days after Grantee has been notified in writing by the City to remedy such failure to comply, then Grantee shall be in default of I this franchise; provided, however, that if Grantee commences work or other efforts to cure the failure to comply within thirty (30) days after receipt of written notice, and thereafter prosecutes such curative work with reasonable diligence until it is completed, then the violations shall cease to exists, and the franchise will not be forfeited. b. Forfeiture shall be declared in the event of a default by Grantee only by a written decision of the City Council. The City shall provide Grantee at least fifteen (15) days prior written notice of any public hearing concerning the forfeiture of the franchise. c. The City Council may in its discretion forfeit the franchise, or upon finding a violation or failure to comply, impose a lesser penalty than forfeiture of this franchise, including a penalty of up to $1,000 per day for any violation involving imminent danger to the public health, safety and welfare, or excuse the violation or failure to comply upon a showing by Grantee of mitigating circumstances or other good cause. Grantee shall not be excused from complying with any of the terms and conditions of this franchise on account of any failure of the City upon anyone or more occasions to insist upon strict compliance with any such terms or conditions. SECTION 18. NOTICE. For the purpose of this Ordinance, notice to the City will be to: I