Ordinance No. 19359 - Laserfiche WebLink

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mines that the Grantee has not substantially complied with the material terms of the franchise, and is therefore not entitled to automatic renewal, the provisions of Section 626 of the Federal Act sha11 be immediately triggered. when proceeding under Section 626 of the Federal Act, a decision by the com- mission to deny Grantee`s proposal shall be the final decision of the fran~ chi sing authority. Added by Ordinance No. X9359, ~0/~4/85.~ ~3~ Additional, ,Propos,al s. In the event that this franchise i s ter- minated, or the Grantor and the Grantee are unable to reach an accord an the terms of renewal or extension of this franchise, the Grantor may elect to invite proposals from other prospective operators for the operation of the entire system as it exists on the date of termination or expiration, ~4~ Termination. ~a~ The Grantor reserves the right to terminate this fran- chise, and all rights and privileges pertaining thereto, in the event that: ~i~ The Grantee violates any material provision of this franchise, except where such violation is without fault, or occurs by reason of excusable neglect; iii} The Grantee deliberately fails to operate the system without prior approval of the commission or without just cause; or (iii} The Grantee intentionally evades any of the provi- si on s of this franchise, or i s found to have practiced any fraud ar decei t upon the Grantor. fib} Prior to any termination proceedings under this section, the Grantee shall be given 6O days of notice in writing, which notice sha11 state with particularity the grounds upon which the Grantor relies. If, at the end of the 60-~day period, the Grantee has not cured the matter which pro- vides grounds far termination, the franchise sha11 be subject to termination. ~c} Termination under this subsection shall be accomplished only by the passage of an ordinance after proceedings affording Grantee due Ordinance - 3Q