§ 25. Forfeiture  


Latest version.
  • (a) The City shall, in addition to any other rights it may have, have the right to declare that the Company has forfeited the franchise in the event of a substantial breach of its terms and conditions including, but not limited to, the following circumstances:

    (1) If the Company becomes insolvent or is declared bankrupt or makes any assignment for the benefit of its creditors; or

    (2) If the Company assigns or transfers or attempts to assign or transfer the franchise, or sells or leases or attempts to sell or lease any of its shelters without the Council's permission; or

    (3) If the Company fails to install shelters on schedule as required in Section 22 of this ordinance, or fails to conform to the specifications contained in its application or the invitation for applications, or fails to construct the shelters in a workmanlike manner to the satisfaction of the City Engineer and in conformity with this ordinance, or if the Company refuses or neglects when so ordered to take down, rebuild or repair any defective or unsatisfactory work or to maintain the shelter as required under Section 23 herein; or

    (4) If the Company fails to remove any shelter when ordered to do so in accordance with this ordinance; or

    (5) If the Company refuses or neglects to comply with any reasonable order of the City Engineer; or

    (6) If the Company persists in any course of conduct in violation of any of the provisions of this ordinance; or

    (7) If the City receives notice of intention not to renew or the Company fails to keep in force its insurance, bond and letter of credit required herein.

    The foregoing shall not constitute a substantial breach if the breach occurs as a result of circumstances over which the Company has no control. The Company shall not be excused by mere economic hardship nor by the neglect of its officers, agents or employees.

    (b) The City Engineer may make a written demand by certified mail, that the Company comply with any such provision, rule, order or determination under or pursuant to this franchise. Such notice shall be entitled "Forfeiture and Termination Notice." If the violation by the Company continues for a period of thirty (30) days or more following such written demand, without having been corrected or remedied, the matter of forfeiture and termination of the franchise shall then be taken before the City Council. The City shall cause to be served upon the Company at least twenty (20) days prior to the date of such council meeting a written notice of intent to terminate the franchise, including the time and place of the meeting. Public notice shall be given of the meeting and issue which the Council is to consider. The City Council, or a committee thereof, shall hear and consider the issue and the Council shall, in its discretion, determine whether there has been a substantial breach. If the Council determines that there has been a substantial breach, the Company shall have such period of time as the Council may set, but not less than thirty (30) days in which to cure the breach, provided that no opportunity for cure need be given for fraud or misrepresentation. At the expiration of the period of time set for compliance, the Council may terminate the franchise forthwith upon finding that the Company has failed to cure the breach. If the Company fails to cure, the City or any stockholder of the Company may cure and the expense incurred shall be a debt of the Company to the stockholder or the City, as the case may be.

    (c) In the event of forfeiture, the Company shall also forfeit to the City all equipment and facilities that may be located along, over or under any street or highway within the City, unless such property is removed by the Company within ninety (90) days from the date of forfeiture. The performance bond posted in accordance with Section 18 shall remain posted to insure that the streets, highways and public places from which such equipment is removed shall be placed in good condition. (2010-Or-043, § 1, 4-16-10)