2003_Ordinances - Laserfiche WebLink

Home Browse Search

In addition, it shall be the obligation of the Grantee promptly to notify the City of any pending or threatened litigation that would be likely to affect its • insurance coverage. 10.09 City's Right to Revoke. In addition to all other rights which the City has pursuant to law or equity, the City reserves the right to revoke, terminate or cancel this Franchise, and all rights and privileges pertaining thereto, in the event that: A. Grantee fails to timely complete the upgrade/rebuild of the Cable System in compliance with all applicable terms and conditions of this Franchise. B. Grantee breaches any material provision of this Franchise; or C. Grantee is adjudicated guilty of practicing fraud or deceit upon the City or any Subscriber; or D. Grantee becomes insolvent, unable or unwilling to pay its debts, or is adjudged as bankrupt and the Grantee's creditors or Trustee in Bankruptcy do not agree to fulfill and be bound by all requirements of this Franchise by the City; or E. Grantee materially misrepresents a material fact in the application for or negotiation of, or renegotiation of, or renewal of, the Franchise and • such misrepresentation was relied upon by the City to its detriment. 10.10 Revocation Procedures. In the event that the City determines that Grantee has violated any provision of the Franchise (including the grounds set forth in Section 10.09 above), or any applicable federal, state or local law, the City may make a written demand on Grantee that it remedy such violation and that continued violation may be cause for revocation. If the violation, breach, failure, refusal, or neglect is not remedied to the satisfaction of the City within thirty (30) days following such demand, or such other period as is reasonable, the City shall determine whether or not such violation, breach, failure, refusal or neglect by Grantee is due to acts of God or other causes which result from circumstances beyond Grantee's control. A. A public hearing shall be held and Grantee shall be provided with an opportunity to be heard upon fourteen (14) days' written notice to Grantee of the time and the place of the hearing. The causes for pending revocation and the reasons alleged to constitute such cause shall be recited in the notice. Said notice shall affirmatively recite the causes that need to be shown by the City to support a revocation. B. If notice is given and, at Grantee's option, after a full public proceeding is held, the City determines there is a violation, breach, failure, • refusal or neglect by Grantee, the City shall direct Grantee to correct or 36