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<br />has failed to perform, and if the Grantee shall not perform such conditions, require- <br /> <br />., <br /> <br />ments, duties or obligations specified in said notice within thirty (30) days after <br /> <br />the date of the service of said notice, upon a proper showing made by the City before <br /> <br />a court of competent juridiction, the court, at its discretion, may order or refuse <br /> <br />to order the performance of such requirements, or may declare a forfeiture of all <br /> <br />rights of the Grantee. <br /> <br />SECT ION X <br /> <br />That all ordinances, or parts of ordinances, insofar as they are in direct <br /> <br />conflict herewith, are hereby repealed. <br /> <br />SECTION XI <br /> <br />This Ordinance shall take effect and be in full force immediately upon its <br /> <br />passage and approval by the City Council and its publication as provided by law; <br /> <br />provided, that the Grantee, within thirty (30) days from the date of said approval <br /> <br />authorizing said Franchise, shall file with the City Clerk its written acceptance <br /> <br />thereof. <br /> <br />SECTION XII <br /> <br />Whene'1er the term "Grantee" is used herein, it shall be taken to mean <br /> <br />and include North Central Public Service Co., Division of Donovan Companies, Inc., <br /> <br />of St. Paul, Minnesota, and its successors and assigns. <br /> <br />PASSED, ADOPTED AND APPROVED by the City Council of the City of Elk River, <br /> <br />Minnesota, on the <br /> <br />3rd <br /> <br />day of <br /> <br />April, 1978 <br /> <br />t'-- c <br /> <br />--;__)/1 <br />c;J~Jtj~:: ~ <br /> <br />Cle~' / / <br /> <br />Mayor <br /> <br />,-) <br />