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Ord #309 Franchise Agreement Midco
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Ord #309 Franchise Agreement Midco
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12/10/2024 3:20:19 PM
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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 /> 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 /> 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 /> 29 <br /> 232860v1 <br />
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