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Ordinance 2858-05
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Ordinance 2858-05
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3/26/2015 2:34:14 PM
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Ordinances
Ordinance Number
2858-05
Date
8/3/2005
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below to determine whether additional time beyond the thirty(30) days specified above is indeed <br /> needed, and whether Grantee's proposed completion schedule and steps are reasonable. <br /> (B) If Grantee does not cure the alleged default within the cure period stated <br /> above, or by the projected completion date under subsection (A)(3), or denies the default and <br /> requests a meeting in accordance with (A)(1), or the City orders a meeting in accordance with <br /> subsection (A)(3), the City shall set a meeting to investigate said issues or the existence of the <br /> alleged default. The City shall notify Grantee of the meeting in writing and such meeting shall <br /> take place no less than thirty(30) days after Grantee's receipt of notice of the meeting. <br /> (C) If, after the meeting, the City determines that a default exists, the City <br /> shall order Grantee to correct or remedy the default or breach within fifteen (15) days or within <br /> such other reasonable time period as the City shall determine. In the event Grantee does not cure <br /> within such time frame to the City's reasonable satisfaction, the City may: <br /> (1) Withdraw an amount from the irrevocable letter of credit or <br /> performance bond as monetary damages; <br /> (2) Recommend the revocation of this Franchise pursuant to the <br /> procedures in subsection 12.2; or <br /> (3) Recommend any other legal or equitable remedy available under <br /> this Franchise or any applicable law. <br /> (D) The determination as to whether a violation of this Franchise has occurred <br /> shall be within the discretion of the City, provided that any such final determination may be <br /> subject to appeal to the City Council or review by a court of competent jurisdiction under <br /> applicable law. <br /> 12.2. Revocation <br /> (A) In addition to revocation in accordance with other provisions of this <br /> Franchise, the City may revoke this Franchise and rescind all rights and privileges associated <br /> with this Franchise in the following circumstances, each of which represents a material breach of <br /> this Franchise: <br /> (1) If Grantee fails to perform any material obligation under this <br /> Franchise or under any other agreement, ordinance or document regarding the City and Grantee; <br /> (2) If Grantee attempts to evade any material provision of this <br /> Franchise or to practice any fraud or deceit upon the City or Subscribers; <br /> (3) If Grantee becomes insolvent, or if there is an assignment for the <br /> benefit of Grantee's creditors; or <br /> (4) If Grantee fails to comply with all provisions of federal law <br /> pertaining to Open Video System Operators, including, but not necessarily limited to, 47 U.S.C. <br /> 573 and 47 CFR 76.1500 et seq. <br /> 21 <br />
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