Ordinance 239-73 - Laserfiche WebLink

• or its authorized agents, shall have the power to examine customer lists of grantee and rates charged such customers in order to satisfy itself that the franchise payment provided for is correct. Section 10: The grantee shall have the right to sell, lease or assign this franchise but only upon condition that no sale, assignment or lease of this franchise shall be effective until the purchaser, assignee or lessee shall have filed in the office of the Clerk of grantor a duly executed instrument reciting the facts of the sale, assignment or lease, accepting the terms of the franchise affected, and agreeing to perform all of the conditions required of the grantee hereunder. The purchaser, assignee or lessee shall also file a bond in such amount and with such conditions as the City Council of grantor may require, which bond shall run to the grantor as obligee with sufficient surety to the satisfaction of said City Council and shall obligate the grantee or its successors in interest as herein defined to discharge all obligations or liabilities imposed upon the grantee by the franchise granted herein. Section 11: This franchise is granted upon the express condition that the grantee within sixty (60) days after the adoption of this ordinance shall file with the Clerk of the grantor a written acceptance of the same and when so accepted by the grantee shall constitute a contract between the grantor and grantee for all the uses, services and purposes herein set forth and the term of this franchise shall upon said acceptance being so filed commence to run. Section 12: The City Council of the grantor may by ordinance forfeit the franchise herein granted in the event that the grantee or its assigns or successors in interest shall after reasonable notice from the said City Council of the grantor requiring it to do so fail to comply with any of the provisions of said franchise, provided that said notice shall set forth in detail the grounds and things herein provided which the grantee has failed to comply with and shall give the grantee a period of not less than sixty (60) days to comply in full with said provisions as delineated in said notice. Provided further, that the grantee, feeling itself aggrieved by said notice or feeling that said notice is not based upon fact, shall be allowed to test or contest the same by proper action in any court having jurisdiction in the same manner and under the same provisions as is provided in Section 6 hereof. Section 13: The grantee agrees to post a surety bond in the fact amount of Ten Thousand Dollars ($10,000.00) with one or more sufficient sureties satisfactory to the grantor, which bond shall be in effect at all times during the period of this franchise and said bond shall insure and guarantee unto the grantor the faithful performance by the grantee of all of the terms and conditions herein and in addition said bond shall indemnify and hold harmless the grantor from any and all claims that may arise by the acts of the grantee pursuant to and as a result of this franchise. It is understood that the provision of this action shall have been complied with by grantee if it posts a bond in the amount and upon the condition as above stated for a period of one year as a minimum or for a longer period at grantee's option, provided that said bond is renewed for a like period at least thirty (30) days before its effective expiration date. Section 14: Grantee by its acceptance hereof agrees to observe, perform and keep all the agreements, undertakings and conditions hereof to be observed, performed and kept by grantee. All of the terms, provisions and conditions hereof shall inure to and be binding upon the respective successors and assigns of both the grantor and grantee. Section 15: The grantee as long as it shall operate under the provision of this franchise, shall not be subject to occupational tax as provided by Ordinance No. 3292 of the City of Everett except as to all business upon which the company does not pay a franchise fee as provided in Section 8 herein. Section 16: All ordinances and parts of ordinances in conflict shall be and the same are hereby repealed. -4-