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2003_Ordinances
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remedy the same within such reasonable additional time, in such manner <br />• and upon such reasonable terms and conditions as City may direct. <br />C. If after a public hearing it is determined that Grantee's performance <br />of any of the terms, conditions, obligations, or requirements of Franchise <br />was prevented or impaired due to any cause beyond its reasonable <br />control or not reasonably foreseeable, such inability to perform shall be <br />deemed to be excused and no penalties or sanctions shall be imposed as <br />a result thereof, provided Grantee has notified City in writing within thirty <br />(30) days of its discovery of the occurrence of such an event. Such <br />causes beyond Grantee's reasonable control or not reasonably <br />foreseeable shall include, but shall not be limited to, acts of God, civil <br />emergencies and labor strikes. <br />D. If, after notice is given and, at Grantee's option, a full public <br />proceeding is held, the City determines there was a violation, breach, <br />failure, refusal or neglect, then the City may declare, by resolution, the <br />Franchise revoked and cancelled and of no further force and effect unless <br />there is compliance within such period as City may fix, such period not to <br />be less than thirty (30) days, provided no additional opportunity for <br />compliance need be granted for fraud, or misrepresentatiorJ. <br />E. The issue of revocation shall automatically be placed upon the City <br />• Council agenda at the expiration of the time set by it for compliance. The <br />City then may terminate Franchise forthwith upon finding that Grantee has <br />failed to achieve compliance or may further extend the period, in its <br />discretion. <br />F. If the City, after notice is given and, at Grantee's option, a full public <br />proceeding is held and appeal is exhausted, declares the Franchise <br />breached, the parties may pursue their remedies pursuant to Franchise or <br />any other remedy, legal or equitable. <br />SECTION 11. FORECLOSURE RECEIVERSHIP AND ABANDONMENT. <br />11.01 Foreclosure. Upon the foreclosure or other judicial sale of the System, <br />Grantee shall notify the City of such fact and such notification shall be treated as <br />a notification that a change in control of Grantee has taken place, and the <br />provisions of this Franchise governing the consent to transfer or change in <br />ownership shall apply without regard to how such transfer or change in <br />ownership occurred. <br />11.02 Receivership. The City shall have the right to cancel this Franchise <br />subject to any applicable provisions of state law, including the Bankruptcy Act, <br />one hundred twenty (120) days after the appointment of a receiver or trustee to <br />take over and conduct the business of Grantee, whether in receivership, <br />• reorganization, bankruptcy or other action or proceeding, unless such <br />37 <br />
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