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4.5. SR 01-03-2005
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4.5. SR 01-03-2005
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1/21/2008 8:34:02 AM
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1/3/2005
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<br />b. The Grantee shall have thirty (30) days subsequent to receipt oW the notice to <br />cure the violation or occurrence giving rise to the City's action. Alt~rnatively, the <br />Grantee may, within fourteen (14) days of receipt of notice from the City; notify City in <br />writing that there is a dispute as to whether a violation or failure has in fact occurred. <br />Such written notice by the Grantee to the City shall specify with particularity the matters <br />disputed by Grantee. <br /> <br />c. In the event a Grantee does not timely cure to the City's satisfaction the <br />violation or other occurrence giving rise to the City's action, or timely disputes whether a <br />violation has occurred, the City will schedule a public hearing affordingl Grantee due <br />process. The City will endeavor to schedule the hearing for a date within ninety (90) <br />days of the initial violation notice. Notice of the hearing must be provided to the <br />Grantee. <br /> <br />d. At the completion of the hearing, the City will issue written findings of fact and <br />its final determination. <br /> <br />e. In the event City determines that no violation has taken place, the City will <br />rescind the notice of violation in writing. <br /> <br />Section 14.2 Franchise Revocation. <br /> <br />a. In addition to all other rights and remedies that the City possesses pursuant <br />to law, equity and the terms of the Franchise Agreement, the City may revoke or <br />terminate the Franchise, and all rights and privileges pertaining thereto, in accordance <br />with Section 14.1 if the City determines that: <br /> <br />1. The Grantee has violated any material requirement or provision of the <br />Cable Ordinance or a Franchise and has failed to timely cure; or <br /> <br />2. The Grantee has attempted to evade any of the materiql provisions of <br />the Cable Ordinance or a Franchise; or <br /> <br />3. The Grantee has practiced fraud or deceit upon the City or a <br />Subscriber; or <br /> <br />4. The Grantee has filed for bankruptcy. <br /> <br />b. During any revocation proceeding and any appeal period, the Franchise will <br />remain in full force and effect unless the term thereof sooner expires. <br /> <br />Section 14.3 Compliance with Federal, State and Local Laws. <br /> <br />The City and Grantee will conform to federal and state laws and rules r~garding Cable <br />ServJce or the System as they become effective. <br /> <br />Section 14.4 Effective Date <br /> <br />This Cable Ordinance is effective the day after its publication. <br /> <br />RJV-25720Ivl <br />SH255-1 <br /> <br />15 <br />
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