AG 1998 03 16 - Laserfiche WebLink

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508 period of time not to exceed ninety (90) days. E. Disposition of System. In the event a Franchise expires and renewal is denied, is revoked or otherwise terminated, the County may in its sole discretion, do any of the following: (1) Purchase the system under the procedures set forth in Section 4.21 of this Ordinance. (2)Effect a transfer of ownership of the system to another party; (3) Order the removal of the system required by public necessity from the County within a reasonable period of time as determined by the County or require the original Grantee to maintain and operate its system for a period of six (6) months or until s~ch further time as is mutually agreed upon. F. Restoration of Property. In removing its plant, structures and equipment, the Grantee shall refill, at its own expense, any excavation that shall be made by it and shall leave all public ways and places in as good a condition or better than that prevailing prior to the Grantee's removal of its equipment and appliances without affecting the electrical or telephone cable wires or attachments. The County shall inspect and approve the condition of the public ways and public places and cables, wires, attachments, and poles after removal. The liability, indemnity, insurance and performance bond as prouided herein shall continue in full force and effect during the period of removal and until full compliance by the Grantee with the terms and conditions of this paragraph, this Ordinance and the Franchise. G. Restoration by County; Reimbursement of Costs. In the event of a failure by the Grantee to complete any work required by Sections 4.3 and 4.5 and/or (F) above, or any other work required by County law or ~rdinance within the time as may be established and to the satisfaction of the County, the County following reasonable notice to the Grantee may cause such work to be done and the Grantee shall reimburse the County the cost thereof within thirty (30) days after receipt of an itemized list of such costs or the County may recover such costs through the performance bond provided by Grantee. The County shall be permitted to seek legal and equitable relief to enforce the provisions of this Section. H. Extended Operation. Upon either the expiration or revocation of a Franchise, the County may require the Grantee to continue to operate the system for a period of six (6) months from the date of such expiration or revocation, or until such time as is mutually agreed upon. The Grantee shall, as trustee for its successor in interest, continue to operate the Cable Television System under the terms and conditions of this Ordinance and the Franchise and to provide the regular subscriber service and any and all of the services that may be provided at the time. The County shall be permitted to seek legal and equitable relief to enforce the provisions of this Section. 4.17 RECEIVERSHIP AND FORECLOSURE. A. Termination by Insolvency. The Franchise granted hereunder shall, at the option of the County, cease and terminate one hundred twenty (120) days after the appointment of a receiver or receivers or trustee or trustees to take over and conduct the business of the Grantee whether in a receivership, reorganization, bankruptcy or other action or proceeding unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred twenty (120) days, or unless: (1) Such receivers or trustees shall have, within one hundred twenty (120) days after their election or appointment, fully complied with all the terms and provisions of this Ordinance and the Franchise granted pursuant hereto, and the receivers or trustees within said one hundred twenty (120) days shall have remedied all defaults under the Franchise; and (2) Such receivers, or trustees shall, within said one hundred twenty (120) days, execute an agreement duly approved by the Court having jurisdiction in the premises, whereby such receivers or trustees assume and agree to be bound by each and every term, provision and limitation of the Franchise herein granted. B. Termination by Judicial Action. In the case of a foreclosure or other judicial sale of the plant, property and equipment of the Grantee or part thereof, including or excluding the Franchise, the County may serve notice of termination upon the Grantee and the successful bidder at such sale, in which event the Franchise and all rights and privileges of the Grantee granted hereunder shall cease and terminate thirty (30) days after service of such notice, unless: (1) The County shall have approved the transfer of the Franchise, in the manner this Ordinance provides, and (2) Such successful bidder shall have covenanted and agreed with the County to assume and be bound by all the terms and conditions of the Franchise.