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1978-08-16 Regular Meeting
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1978-08-16 Regular Meeting
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City Meetings
Meeting Body
City Council
Meeting Doc Type
Minutes
Date
8/16/1978
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• 1 <br />• <br />being the intent of the Grantor in adopting this ordinance <br />that no portion hereof or provision. or regulation contained <br />herein shall. become inoperative or fail by reason of any <br />unconstitutionality or invalidity of any other portion, <br />provision or regulation, and to this end, all provisions of <br />this ordinance are declared to be severable. <br />Section 16. Grantor may, at any time, declare a con- <br />ditional forfeiture of this grant for a continuing violation <br />by the Grantee of any of the substantial terms hereof. In <br />such event,' the Grantor shall g-ive written notice, specifying <br />all grounds on which forfeiture is claimed, by registered <br />• mail.., addressed and 'delivered to the Grantee, to the attention <br />of its President, in Houston, Texas. The Grantee shall have <br />sixty days after receipt of such notice within which to <br />discontinue said alleged violation, or to-file suit in a <br />court of competent jurisdiction for an adjudication or <br />declaration of the rights of the parties with respect to <br />forfeiture of the franchise. No forfeiture shall become <br />effective until and unless (1) the Grantee shall have <br />continued such violation or violations for more than sixty <br />days after receipt of such written notice from the Grantor <br />without filing such a suit; or (2) the Grantee shall have <br />continued such violation or violations for more than sixty <br />• days (or such longer period as the Court in its discretion <br />shall allow) after the entry or affirmance in a court of <br />last resort of a final judgment finding and establishing the <br />existence of such violation or violations, and that such <br />violations are sufficiently substantial to warrant forfeiture <br />• and decreeing forfeiture as a consequence thereof. The <br />Grantee shall not in any event be deemed to be in default of <br />performance of any provisions of this grant, nor shall any <br />
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