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S <br /> • <br /> for any of the above reasons, save Franchisee' s request, <br /> will be: <br /> (a ) Notice of Deficiencies. The City will direct in <br /> writing Franchisee to correct any deficiencies or comply <br /> with such regulations within thirty (30) days, or such <br /> additional reasonable time as may be needed by Franchisee <br /> to correct the deficiencies. <br /> (b) Failure to Cure. Failure to correct the deficiencies <br /> within a reasonable period of time will cause the matter <br /> of termination to be brought before the City Council. <br /> (c ) Hearing. At such hearing the Franchisee and other <br /> interested parties may offer evidence explaining or <br /> mitigating such noncompliance. The City Council will <br /> make the determination as to whether such noncompliance <br /> was with just cause. In the event the City Council shall <br /> find such noncompliance was without just cause the City <br /> Council may fix an additional time period to cure such <br /> deficiency(ies ) . If this has not been effected at the <br /> expiration of this additional extended period, the City <br /> Council may pass a resolution declaring the Franchise <br /> to be terminated and forfeited. <br /> (d) Appeal. If the Franchisee appeals the revocation <br /> and termination of the Franchise pursuant to Section 635 <br /> of the Act, the revocation of such Franchise shall be <br /> held in abeyance pending such judicial review by a court <br /> of competent jurisdiction. <br /> (e) New Franchise. Provided, nothing contained in the <br /> above subsections of this section shall prevent the <br /> issuance of a new Franchise by the City Council to any <br /> Franchisee who has had a Franchise revoked, on satisfac- <br /> tory assurances made to the City Council that the terms <br /> and conditions of this Ordinance can be met by the former <br /> Franchisee. <br /> Section 38. Effect of Termination for Noncompliance. <br /> If any Franchise is terminated by the City by reason of <br /> the Franchisee' s noncompliance, that part of the system <br /> under such Franchise located in the streets and public <br /> property, shall, at the election of the City, become the <br /> property of the City at a cost consistent with the provisions <br /> of Section 627 (b ) (1 ) of the Act. <br /> Section 39. Transfer of Ownership. <br /> Any Franchise awarded by the City shall be based upon <br /> an evaluation by the City of each application, the qualifi- <br /> cations, and other criteria as such pertains to each parti- <br /> cular Applicant. No Franchise can be sold, transferred, <br /> leased, assigned or disposed of in whole or in part either <br /> by voluntary or involuntary sale, merger, consolidation or <br /> otherwise, unless approval is granted by the City Council <br /> under the same procedures, terms and conditions as the original <br /> Franchise or as it may be subsequently amended by mutual <br /> agreement. City' s approval shall not be unreasonably withheld. <br /> (a ) Change in Control. An assignment of a Franchise <br /> shall be deemed to occur if there is an actual change <br /> in control or where ownership of more than fifty <br /> percent (50% ) or more of the beneficial interests, <br /> singly or collectively. <br /> (b) Procedure. The Franchisee shall promptly notify <br /> the City prior to any proposed change in, or transfer <br /> of, or acquisition by any other party of control of the <br /> ORDINANCE - 13 <br /> 5-21-85 <br />