Duarte Municipal Code Art. X Termination and Receivership

In addition to any rights set out elsewhere in this document, the grantor reserves the right to revoke a franchise, subject to notice to grantee and the provision of a hearing consistent with due process requirements, in the event that:

A. The grantee wilfully and/or negligently violates any material provision of its franchise;

B. The grantee's construction schedule is materially delayed as set forth in the franchise and such delays were within the control of grantee.

(Ord. 646 § 12.1, 1988)

Upon failure of the grantee to comply with the material terms of its franchise, the grantor may by resolution after a full hearing affording grantee due process, declare a forfeiture, and the grantee may be required to forthwith remove its structures or property from the streets and restore the streets to their prior condition with a reasonable period of time and upon failure to do so, the grantor may perform the work and collect all actual costs, including all direct and indirect costs, thereof from the grantee. The cost thereof shall be a lien upon all plant, property, or other assets of the grantee, within the city limits.

(Ord. 646 § 12.2, 1988)

Grantor or grantee have the right at any time to demand binding arbitration in respect to Sections 5.86.425 and 5.86.430 of this article. Said arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association with the costs of arbitration, and reasonable attorneys fees established by the arbitrators, borne by the unsuccessful party to the arbitration. In the event of any award in favor of grantee against grantor, grantee may enforce the award by either: (a) execution; or (b) deduction from fees due grantor.

(Ord. 646 § 12.3, 1988)