§ 13-9. Enforcement and termination of franchise.

(a)

Notice of violation. In the event that the franchising authority believes that the grantee has not complied with the terms of the franchise, it shall notify grantee in writing of the exact nature of the alleged noncompliance.

(b)

Grantee's right to cure or respond. Grantee shall have 30 days from receipt of the notice described in subsection (a): (a) to respond to the franchising authority contesting the assertion of noncompliance or; (b) to cure such default or; (c) in the event that, by the nature of default, such default cannot be cured within the 30-day period, initiate reasonable steps to remedy such default and notify the franchising authority of the steps being taken and the projected date that they will be completed.

(c)

Public hearing. In the event that grantee fails to respond to the notice described in subsection (a) pursuant to the procedures set forth in subsection (b), or in the event that the alleged default is not remedied within 30 days after the grantee is notified of the alleged default pursuant to subsection (a), the Franchising authority, or its agent, shall issue a written notice to the grantee to appear before the franchise administrator, or other appropriate and delegated agent, to resolve the issue of noncompliance. Upon determination by the agent that the grantee is in non-compliance with the franchise agreement and that no proposed remedy is satisfactory to the franchising authority, the agent shall make a written recommendation to schedule a public meeting to investigate the alleged default. Said public meeting shall be held at the next regularly scheduled meeting of the franchising authority that is scheduled at a time that is not less than five business days therefrom. The franchising authority shall notify the grantee, in writing, of the time and place of such meeting and provide the grantee with an opportunity to be heard.

(d)

Enforcement. Subject to applicable federal and state law, in the event the franchising authority, after such meeting, determines that grantee is in default of any provision of the franchise, the franchising authority may:

(1)

Foreclose on all or any part of any security provided under this franchise, if any, including without limitation, any bonds or other surety; provided, however, the foreclosure shall only be in such a manner and in such amount as the franchising authority reasonably determines is necessary to remedy the default;

(2)

Commence an action at law for monetary damages or seek other equitable relief;

(3)

In the case of a substantial default of a material provision of the franchise, any attempt by grantee to evade the provisions of the franchise, or grantee practices fraud or deceit upon the franchising authority, declare the franchise agreement, and the rights and privileges thereof, to be revoked; or

(4)

Seek specific performance of any provision, which reasonably lends itself to such remedy, as an alternative to damages.

(5)

Any such determination by the franchising authority shall be subject to a de novo review by a court of competent jurisdiction.

The grantee shall not be relieved of any of its obligations to comply promptly with any provision of the franchise by reason of any failure of the franchising authority to enforce prompt compliance.

(e)

Force majeure. The grantee shall not be held in default under, or in noncompliance with, the provisions of the franchise, nor suffer any enforcement or penalty relating to noncompliance or default (including termination, cancellation or revocation of the franchise), where such noncompliance or alleged defaults occurred or were caused by strike, riot, war, earthquake, flood, tidal wave, unusually severe rain or snow storm, hurricane, tornado or other catastrophic act of nature, labor disputes, governmental, administrative or judicial order or regulation or other event that is reasonably beyond the grantee's ability to anticipate and control. This provision also covers work delays caused by waiting for utility providers to service or monitor their own utility poles on which the grantee's cable and/or equipment is attached, as well as unavailability of materials and/or qualified labor to perform the work necessary.

(Ord. No. 12, 5th Series, § 2(9.1—9.5), 6-4-14)