Ordinance 2613-02 - Laserfiche WebLink

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 is to be revoked, 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 thirty (30) days of the date of the decision. (3) Grantee shall be entitled to such relief as the court may deem appropriate. (4) The City Council may in 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. 15.3 Procedures in the Event of Termination (A) If this Franchise expires without renewal or is otherwise lawfully terminated or revoked,the City may, subject to applicable law: (1) Allow Grantee to maintain and operate its Cable System on a month-to- month basis; or (2) Purchase Grantee's Cable System in accordance with the procedures set forth in subsection 15.4 Purchase of Cable System,below. (B) The City may order the removal of the above-ground Cable System 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 plant, structures and equipment, Grantee shall refill, at its own expense, any excavation that is made by it and shall leave all Rights-of-Way, public places and private property in as good a condition as that prevailing prior to Grantee's removal of its equipment and without affecting the electrical or telephone wires or attachments. The indemnification and insurance provisions and the letter of credit, if available, shall remain in full force and effect during the period of removal, and Grantee shall not be entitled to, and agrees not to request, compensation of any sort therefor. (C) If Grantee fails to complete any removal required by this subsection 15.3 Procedures in the Event of Termination to the City's satisfaction, after written notice to Grantee, the City may cause the work to be done and Grantee shall reimburse the City for the costs incurred within thirty(30) days after receipt of an itemized list of the costs, or the City may recover the costs through the letter of credit, if available, if Grantee has not paid such amount within the foregoing time period. (D) The City may seek legal and equitable relief to enforce the provisions of this Franchise. Page 50 of 58