Ordinance 2510-01 - Laserfiche WebLink

11.2. Revocation A. In addition to revocation in accordance with other provisions of this Franchise, the City may revoke this Franchise and rescind all rights and privileges associated with this Franchise in the following circumstances. Each such circumstance shall be deemed a material breach of this Franchise: B. If Grantee has not already had an opportunity to cure a default pursuant to subsection 11.1, the City shall give written notice to the Grantee of its intent to revoke the Franchise prior to forfeiture or termination of the Franchise. The notice shall set forth the nature of the noncompliance or default. Grantee shall have thirty (30) days from such notice to object in writing and to state its reasons for such objection and provide any explanation. In the event the City has not received a satisfactory response from Grantee, it may then seek a termination of the Franchise by the City Council in accordance with this subsection. C. Any proceeding to revoke or terminate this Franchise shall be conducted by the City Council and open to the public. Grantee shall be afforded at least forty-five (45)days prior written notice of such proceeding. D. At such proceeding, Grantee shall be provided a fair opportunity for full participation,including the right to be represented by legal counsel, to introduce evidence, and to question witnesses. A complete verbatim record and transcript shall be made of such proceeding and the cost shall be shared equally between the parties. The City Council shall hear any Persons interested in the revocation, and shall allow Grantee,in particular, an opportunity to state its position on the matter. E. Within ninety(90)days after the hearing,the City Council shall determine whether to revoke and terminate the Franchise and declare that the Franchise is revoked and terminated and the irrevocable letter of credit or performance bond forfeited; or if the breach at issue is capable of being cured by Grantee, direct Grantee to take appropriate remedial action within the time and in the manner and on the terms and conditions that the City Council determines are reasonable under the circumstances. If the City Council determines that the Franchise should be revoked and terminated,the City Council shall set forth the reasons for such a decision and shall transmit a copy of the decision to the Grantee. Grantee shall be bound by the City Council's decision to revoke the Franchise unless it appeals the decision to a court of competent jurisdiction within fifteen(15)days of the date of the decision. F. The City Council may at its sole discretion take any lawful action that it deems appropriate to enforce the City's rights under the Franchise in lieu of revocation of the Franchise, including,but not limited to, declaratory judgments, injunctions and specific performance. 11.3. Procedures in the Event of Termination or Revocation A. If this Franchise expires without renewal or is otherwise lawfully terminated or revoked, the City may order the removal of the above-ground Telecommunication Facilities and such underground Facilities from the City at Grantee's sole expense within a reasonable period of time as determined by the City. In removing its Facilities, plant, structures and equipment, Grantee shall 25 of 29