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12-9-2024 CC Agenda Packet
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12-9-2024 CC Agenda Packet
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12/5/2024 5:26:34 PM
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<br /> <br />232860v1 <br /> <br />29 <br />compliance with all infrastructure requirements of the Franchise. If additional <br />construction is undertaken in the City, Grantee shall comply with Applicable Law <br />regarding any bonding requirements. <br />(7) Procedure for Enforcing Franchise. In the event City believes that Grantee <br />has breached or violated any provision of this Franchise, City shall act in <br />accordance with Section 9(1) (c-f). <br />a. If the City chooses to terminate this Franchise, the following <br />additional procedure shall be followed: <br />i. The City shall provide Grantee with written notice of the City's <br />intention to terminate this Franchise and specify in detail the reason <br />or cause for the proposed termination. The City shall allow Grantee a <br />minimum of fifteen (15) days subsequent to receipt of the notice in <br />which to cure the default. <br />ii. Grantee shall be provided with an opportunity to be heard at a <br />regular or special meeting of City prior to any final decision of City <br />to terminate this Franchise. <br /> <br />iii. In the event that City determines to terminate this Franchise, <br />the Grantee shall have an opportunity to appeal said decision in <br />accordance with all Applicable Laws. <br />iv. If a valid appeal is filed, the Franchise shall remain in full <br />force and affect while said appeal is pending, unless the term of the <br />Franchise sooner expires. <br />(8) Reservation of Rights. City and Grantee reserve all rights that they may <br />possess under Applicable Laws unless expressly waived herein. <br /> <br />SECTION 10 <br />MISCELLANEOUS PROVISIONS <br />(1) Franchise Renewal. Any renewal of this Franchise shall be in accordance with <br />applicable federal, state, and local laws and regulations. The term of any renewed Franchise <br />shall be limited to a period not to exceed fifteen (15) years. <br />(2) Amendment of Franchise. Grantee and City may agree, from time to time, to <br />amend this Franchise. Such written amendments may be made subsequent to a review <br />session pursuant to Section 7(2) or at any other time if City and Grantee agree that such an <br />amendment will be in the public interest or if such an amendment is required due to changes <br />in Applicable Laws. City shall act pursuant to local law pertaining to the ordinance <br />amendment process. <br />(3) Rights of Individuals. <br />94
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