Minutes 05/26/1959 - Laserfiche WebLink

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Section 16. Approval of Transfer. No sale or assignment of lease of a franchis e granted under this ordinanc e shall be effective until it is approved by the ~ council of the city. As a condition to consideration by the council of a sale or assign- ment the grantee shall file with the city manager written notice of the proposed sale or assignment and the vendee shall similarly file an instrument, duly executed, reciting the fact of such proposed sale or assignment, accepting the terms of this franchise, and agreeing to perform all of the conditions thereof. - Section 17. Forfeiture..:. The violation of any material portion of this franchise by the grantee or its successor in interest, or its failure promptly to perform any of the provisions of this ordinance, shall be cause for the forfeiture or a franchise contract granted by this ordinance and the termination of all rights hereunder. f:uch forfeiture shall be accomplished by resolution of the city council after written notice to the grantee, and continuation by the grantee of the violation, failure or default specified in the notice for at least 90 days from the date when the notice is served. In the event of forfeiture as herein set forth, the city may proceed as prescribed in Section 9 of this franchise or in such other manner as the city council may deem best in an endeavor to maintain service of gas to the customers of the grantee. -- Section 18. Lien of City. All debts, penalities, or forfeitures accruing to the city under the terms of this ordinance shall constitute a lien upon the property and franchises of the said grantee within the city, subject, however, to then existing prior liens. Section 19. Jurisdiction of Governmental Regulatory Commis sions. - Where any provision of this franchis e is in conflict with any lawful rule of the Corporation - 14 -