Laserfiche WebLink
15.2 Revocation <br /> (A) The City may revoke this Franchise and rescind all rights and privileges associated <br /> with this Franchise in the following circumstances: <br /> (1) If Grantee fails to perform any material obligation under this Franchise <br /> (including,but not limited to, completion of the Cable System upgrade within thirty-six [36] <br /> months of the Effective Date) or under any other agreement, ordinance or document <br /> regarding the City and Grantee; <br /> (2) If Grantee willfully fails for more than three (3) days to provide continuous <br /> and uninterrupted Cable Service; <br /> (3) If Grantee attempts to evade any material provision of this Franchise or to <br /> practice any fraud or deceit upon the City or Subscribers; <br /> (4) If Grantee becomes insolvent, or if there is an assignment for the benefit of <br /> Grantee's creditors; <br /> (5) If Grantee makes a material misrepresentation of fact in the application for <br /> or negotiation of this Franchise; or <br /> (6) If Grantee breaches a material provision of the Customer Service Standards. <br /> (B) Prior to forfeiture or termination of the Franchise, the City shall give written notice <br /> to the Grantee of its intent to revoke the Franchise. The notice shall set forth the exact nature of the <br /> noncompliance. Grantee shall have thirty (30) days from such notice to object in writing and to <br /> state its reasons for such objection and provide any explanation. In the event the City has not <br /> received a satisfactory response from Grantee, it may then seek a termination of the Franchise by <br /> the City Council in accordance with this subsection. <br /> (C) Any proceeding regarding revocation shall be conducted by the City Council and <br /> open to the public. Grantee shall be afforded at least forty-five (45) days prior written notice of <br /> such proceeding. <br /> (1) At such proceeding, Grantee shall be provided a fair opportunity for full <br /> participation, including the right to be represented by legal counsel, to introduce evidence, <br /> and to question witnesses. A complete verbatim record and transcript shall be made of such <br /> proceeding and the cost shall be shared equally between the parties. The City Council shall <br /> hear any persons interested in the revocation, and shall allow Grantee, in particular, an <br /> opportunity to state its position on the matter. <br /> (2) Within ninety (90) days after the hearing, the City Council shall determine <br /> whether to revoke the Franchise; or if the breach at issue is capable of being cured by <br /> Page 49 of 58 <br />