§ 7. Termination and Forfeiture of Franchise  


Latest version.
  • This franchise may be terminated prior to its date of expiration in the event that:

    (a) The Grantee has failed to comply with any material provision of this ordinance, or has, by act of omission, materially violated any term or condition of any franchise or permit issued hereunder; or

    (b) Any provision of this ordinance has become invalid or unenforceable, and the parties are unable to reach agreement on a substitute provision, and the City further finds that such provision constitutes a consideration material to the grant of said franchise; or

    (c) The City acquires the system property of Grantee as set forth herein.

    Upon such termination, all rights and privileges granted by this ordinance and all rights hereunder shall cease, terminate, and become null and void, provided that said forfeiture shall not take effect until the City shall carry out the following proceedings.

    Before the City proceeds to terminate this franchise, it shall make written demand that the Grantee comply with the provisions of this ordinance or correct any action deemed cause for termination. If such failure to comply or take appropriate corrective action continues for a period of thirty (30) days following such written demand, the City may serve a written notice upon Grantee setting forth the grounds upon which it proposes to terminate the franchise and setting a public hearing before the Council at least thirty (30) days following such notice. After notice and such public hearing, wherein Grantee shall have the right to present evidence justifying its actions, the Council may immediately terminate the franchise upon a finding of the existence of any of the events of this Section as set forth in the notice.