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Ord #112-3rd Ser/Adopting/amending franchise granted by LMCC
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Ord #112-3rd Ser/Adopting/amending franchise granted by LMCC
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4/1/2015 3:19:07 PM
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2/16/2024 10:25:21 AM
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Section 238.083 regarding the sale or transfer of a franchise and with all other Applicable <br /> Laws. <br /> (2) City's Right to Purchase System. <br /> (a) The City shall have a right of first refusal to purchase the Cable System in <br /> the event the Grantee receives a bona fide offer to purchase the Cable System from any <br /> Person. Bona fide offer as used in this section means a written offer which has been <br /> accepted by Grantee, subject to the City's rights under this Franchise. The price to be <br /> paid by the City shall be the amount provided for in the bona fide offer, including the <br /> same terms and conditions as the bona fide offer. The City sha11 notify Grantee of its <br /> decision to purchase within sixty (60) days of the City's receipt from Grantee of a copy <br /> of the written bona fide offer. <br /> (b) Consistent with Section 627 of the Cable Act and all other Applicable <br /> Laws, at the expiration, cancellation, revocation or termination of this Franchise, the City <br /> shall have the option to purchase, condemn or otherwise acquire and hold the Cable <br /> System. <br /> (3) Abandonment or Removal of Franchise Property. <br /> (a) In the event that the use of any property of Grantee within the Franchise <br /> Area or a portion thereof is discontinued for a continuous period of twelve (12) months, <br /> Grantee shall be deemed to have abandoned that properiy. <br /> (b) City, upon such terms as City may impose, may give Grantee written <br /> permission to abandon, without removing, any System facility or equipment laid, directly <br /> constructed, operated or maintained in, on, under or over the Franchise Area. Unless <br /> such permission is granted or unless otherwise provided in this Franchise, the Grantee <br /> shall remove all abandoned facilities and equipment upon receipt of written notice from <br /> City and shall restore any affected Street to its former state at the time such facilities and <br /> equipment were installed, so as not to impair its usefulness. In removing its plant, <br /> structures and equipment, Grantee shall refill, at its own expense, any excavation made <br /> by or on behalf of Grantee and shall leave all Streets and other public ways and places in <br /> as good condition as that prevailing prior to such removal without materially interfering <br /> with any electrical or telephone cable or other utiliTy wires, poles or attachments. City <br /> shall have the right to inspect and approve the condition of the Streets, public ways, <br /> public places, cables, wires, attachments and poles prior to and after removal. The <br /> liability, indemnity and insurance provisions of this Franchise and any security fund and <br /> performance bond provided for in this Franchise shall continue in full force and effect <br /> during the period of removal and until full compliance by Grantee with the terms and <br /> conditions of this section. <br /> (c) Upon abandonment of any Franchise property in place,the Grantee, if <br /> required by the City, shall submit to City a bill of sale and/or other an instrument, <br /> satisfactory in form and content to the CiTy, transferring to the City the ownership of the <br /> Franchise property abandoned. <br /> i7�a�6�z 23 <br />
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