2002 FEBRUARY - Laserfiche WebLink

6.52.130 grantee has committed a material breach, then the grantor may: a. Declare the franchise revoked and any security fund and bonds forfeited; or b. If the material breach is curable by the grantee, direct the grantee to take appropriate remedial action within the time and manner and under the terms and conditions reasonably speci- fied by the grantor. The termination and forfeiture of the grantee's _franchise shall in no way affect any right of grantor to pursue any remedy under the franchise or any provision of law. D. Appeal Of Finding Of Revoca- tion: The grantee may appeal a finding of revocation made pursuant to subsec- tion C of this section to an appropriate court of jurisdiction, which shall have the power to review "de novo". Any such appeal must be initiated by the grantee within sixty (60) days of the issuance of the grantor's decision to revoke the franchise. (Ord. 1829 § 2, 2001) 6.52.140 Force Majeure; Grantee's Inability To Perform: In the event grantee's performance of any of the terms, conditions or obliga- tions required by this chapter or a fran- chise granted hereunder is prevented by a cause or event not within grantee's control, such inability to perform shall be deemed excused and no penalties or sanctions shall be imposed as a result thereof; provided, however, that such inability to perform shall not relieve a grantee from the obligations imposed by subsection 6.52.060C3 of this chap- ter pertaining to refunds and credits for interruptions in service. For the purpose of this section, causes or events not within the control of grantee shall in- clude, without limitation, acts of God, war, strikes, sabotage, riots or civil disturbances, labor disputes, restraints imposed by order of a governmental agency or court, explosions, acts of public enemies, and natural disasters such as floods, earthquakes, landslides, and fires, but shall not include financial inability of the grantee to perform or failure of the grantee to obtain any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of grantee, or the failure of the grantee to secure supplies, services or equipment neces- sary for the installation, operation, maintenance or repair of the cable system where the grantee has failed to exercise reasonable diligence to secure such supplies, services or equipment. (Ord. 1829 § 2, 2001) 6.52.150 Abandonment Or Removal Of Franchise Property: A. Abandonment Or Removal: 1. If the grantee discontinues the use of any of its property within the public rights of way for a continuous period of twelve (12) months, such property shall be deemed to have been abandoned by grantee. Any part of the cable system that is parallel or redundant to other (Pleasanton February 2002) 192-24