2002 FEBRUARY - Laserfiche WebLink

6.52.130 the council shall hear and consider all other relevant evidence, and thereafter render findings and its decision. 3. If the council finds that: a. The grantee has corrected the al- leged violation; or b. The grantee has diligently com- menced correction of such alleged violation after notice thereof and is diligently proceeding to fully remedy such alleged violation; or c. No material violation has oc- curred; the proceedings shall terminate and no penalty or other sanction shall be imposed. 4. If the council finds that material violations exist and that grantee: a. Has not corrected the same in a satisfactory manner; or b. Has not diligently commenced correction of such violation after notice thereof and is not diligently proceeding to fully remedy such violation; then the council may impose one or more of the remedies provided in this chapter and the franchise agreement as it, in its discretion, deems appropriate under the circumstances. C. Grantor's Power To Revoke: 1. Grantor may revoke any franchise granted pursuant to this chapter and re- scind all rights and privileges associ- ated with it in the following circum- stances, each of which shall represent a default by grantee and a material breach under the franchise: a. If grantee fails to perform any of its material obligations under this chap- ter or the franchise agreement and con- tinues such failure to perform after receipt of due notice and a reasonable opportunity to cure; b. If grantee fails to provide or main- tain in full force and effect the insur- ance coverage or security fund as re- quired in the franchise agreement; c. If grantee violates any order or ruling of any regulatory body having jurisdiction over the grantee relative to the grantee's franchise, unless such order or ruling is being contested by grantee in good faith in an appropriate proceeding; d. If grantee knowingly practices any material fraud or deceit upon grantor; e. If grantee becomes insolvent, un- able or unwilling to pay its debts, or is adjudged a bankrupt. 2. After completing the procedures set forth in subsection B of this section, the grantor may make a formal request before the council that the grantee's franchise be revoked. The council shall cause to be served on the grantee writ- ten notice of its intent to consider re- voking grantee's franchise. Such notice shall be served on grantee at least sixty (60) days prior to the date of the hear- ing on the issue. The notice shall con- tain the time and place of the hearing and shall be published at least once in a newspaper of general circulation within the franchise area ten (10) days prior to the hearing date. 3. The council shall hear any per- son(s) interested in the revocation and within ninety (90) days after the date of the hearing shall make its determina- tion, based on a preponderance of the evidence, whether the grantee has com- mitted amaterial breach of the fran- chise. 4. If the grantor determines that the 192-23 (Pleasanton Februazy 2002)