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ADELPHIA 2 - 2005
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ADELPHIA 2 - 2005
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Last modified
1/3/2012 3:16:37 PM
Creation date
6/14/2005 2:00:12 PM
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Contracts
Company Name
Adelphia Cable Television
Contract #
A-2005-130
Agency
City Attorney's Office
Council Approval Date
5/2/2005
Expiration Date
6/30/2005
Destruction Year
2010
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<br />franchise fees on a timely basis, then the period for corrective action may be not less than 10 <br />business days nor more than 30 business days, at the discretion ofthe City Manager. <br /> <br />(v) Notwithstanding the time periods for correction specified <br />above, ifthe violation creates an immediate threat to the public health, welfare, or safety, then <br />the City Manager may invoke the expedited procedures authorized by the Municipal Code for the <br />abatement of a public nuisance. <br /> <br />3. The notice must contain a request that the Grantee respond in <br />writing within five business days following receipt of the notice concerning each of the <br />following: <br /> <br />(i) Whether the Grantee disputes the violation and, if so, the <br /> <br />basis for that determination. <br /> <br />(ii) Whether the Grantee intends to correct or cure the violation <br />within the specified period of time and, if so, the corrective measures that will be taken. <br /> <br />(iii) Whether the Grantee requires additional time to correct or <br />cure the violation and, ifso, a statement of the reasons supporting Grantee's request for an <br />extension of time. <br /> <br />4. At the discretion of the City Manager, the notice may set forth the <br /> <br />following: <br /> <br />(i) The date on which monetary sanctions will be imposed on <br />Grantee, as authorized by this Section II, for Grantee's failure or refusal to correct or cure, <br />within the specified period oftime, violations that are subject to such monetary sanctions. <br /> <br />(ii) The date on which a hearing will be scheduled before the <br />City Council to consider revocation of the franchise, as authorized by this Section II, for <br />Grantee's failure or refusal to correct or cure violations that warrant such revocation and that <br />have not been corrected or cured within the specified period of time. <br /> <br />(c) If Grantee's written response to the notice of violation, as provided for <br />above in paragraph (b)(3) ofthis Subsection 11.4, requests additional time to correct or cure the <br />violation, and reasonably justifies that proposed extension of time, then the City Manager will <br />grant that request if the City Manager reasonably determines that such extension of time is <br />appropriate under the circumstances. <br /> <br />11.5. Hearings bv the Citv Council. <br /> <br />(a) Grantor will provide to Grantee written notice of any hearing of the City <br />Council to consider a hearing officer's report related to an appeal by Grantee from the City <br />Manager's decision to impose monetary sanctions under Subsection 11.3, or relating to a City <br />Council hearing on a recommended revocation of the franchise under Subsection I I. I. This <br />written notice will be given in accordance with the procedures specified in Chapter 3 of the Santa <br />Ana Municipal Code. <br /> <br />12097 -0002\6806 72v 19 .doc <br /> <br />-33- <br /> <br />City of Santa Ana <br />EXECUTION COPY 4/07/05 <br />
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