Minutes 06/06/1961 - Laserfiche WebLink

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3~ TUESDAY JUNE 6. 1961 Section 14. Restoration of Impaired Service. In the event of any interruption or impairment of service by reason of force, nature, act of God, strike, breakdown, accid0nt or other harDening beyond the control of the grantee, the grantee shall use every reasonable effort and prompt diligence to restore such service with as little interr-uption as possible and in all events within a reasonable time, and such interruption or failure for said reasons shall not constitute a broach of this franchise. /-~ Section 15. Approval of Transfer. No sale or no assignment of lease of a franchise or of privileges granted under this ordinance shall be effective until it is approved by the council of the city. As a condition to consideratior by the council of a sale or assignment the grantee shall file with the city manager vrritten 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 alY'the conditions thereof. Section 16. ~ Exclusive Franchise. The rights herein granted the grantee to construct, maintain, or operate or to perform any other act or exercise any other privilege under this franchise shall not be construed as exclusive or as preventing the city from granting to any other person, firm, or corporation, the ::;ame or similar franchise rights and privileges to be exercised in and upon its streets and such of the same and parts thereof as the city may deem best or choose to allow, permit, give, or grant. Section 17. Forfett-ure. 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 p:::-ovisions of this ordinance, shall be cause for the forfei ture of the franC:1L:::;c contract granted by this ordinance and the termination of all rights hereunder. Such forfeiture shall be accomplished by resolution of the city council after w:itten notice to the grantee, and by continuation by tte grantee of the violation~ failure or default specifiec1 in the notice for at least ninet;T (90) days from the date the notice is served. In the event of forfeiture as herein set forth, the city may proceed as prescribed in Section 8 of this franchise or in such other manner as the city councH may deem best in an endeavor to maintain teleuhone service to the customers in the city of the grantee. Section 18. Lien of City. All debts, penal t.ies, or forfeitures accruing to the city under the terms of this ord-i~nance shall constitute a lien upon the property and franchises of the said grantee within the city, ffilbject, however, to then-existing prior liens. Section 19. J1Visdiction of Govermnental Regulatory Commissions. \,fuere any provision of this franchise is in conflict with any latrful rule of the Corporation Commission of the Co:mmomreal th of Virginil:, or other constituted body or cOrrLrnission legally author:~ zed to prescribe rules governing the conduct of the company, so that the grantee cannot reasonably comply with both the provisions of this ordinance and the rule of such Corrnnission or body, then the grantee shall comply with such rule instead of the conflictine provl.sion of this c~dinance, but the grantee shall comply with alyrthe provisions of this franchise where such can be done without violating valid statutes or rules of the sa.id Commission or body.