Ordinance 99-66 - Laserfiche WebLink

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(2) Such assignee, receiver or trustee has fully complied with the terms and conditions of this article and the franchise agreement and has executed an agreement, approved by a court having jurisdiction, assuming and agreeing to be bound by the terms and conditions of this article and the franchise agreement. (d) In the event of foreclosure or other judicial sale of any of the facilities, equipment or property of a franchisee, the City may revoke the franchise, following a public hearing before the City Commission, by serving notice upon the franchise and the successful bidder at the sale, in which event the franchise and all rights and privileges of the franchise will be revoked and will terminate 30 calendar days after serving such notice, unless: (1) The City has approved the transfer of the franchise to the successful bidder; and (2) The successful bidder has covenanted and agreed with the City to assume and be bound by the terms and conditions of the franchise agreement and this article. (e) If the City revokes a franchise, or if for any other reason a franchisee abandons, terminates or fails to operate or maintain service to its subscribers for a period of six (6) months, the following procedures and rights are effective: (1) The City may require the former franchisee to remove its facilities and equipment at the former franchisee's expense. If the former franchisee fails to do so within a reasonable period of time, the City may have the removal done at the former franchisee's and/or surety's expense. (2) The City, by resolution of the City Commission, may acquire ownership, or effect a transfer, of the cable system at an equitable price. (3) If a cable system is abandoned by a franchisee, the City may sell, assign or transfer all or part of the assets of the system. (f) Where the City has issued a franchise specifically conditioned in the franchise agreement upon the completion of construction, system upgrade or other specific obligation by a specified date, failure of the franchisee to complete such construction or upgrade, will result in the automatic forfeiture of the franchise without further action by the City where it is so provided in the franchise agreement, unless the City, at its discretion and for good cause demonstrated by the franchisee, grants an extension of time. (g) No franchisee will construct or activate a system upgrade in any community served by the same system prior to activating the upgrade for all subscribers within the City, without prior authorization from the City. Cable Ordinance -38-