Any franchise, unless otherwise allowed by law, is revocable prior to its expiration
for cause as provided hereinafter. Any franchise is revocable for cause by the city
council prior to its expiration where the grantee has failed substantially to comply
with any material provision or requirement of this article or the franchise agreement,
or repeatedly violates non-material violations. The council shall give a written notice
containing full particulars as to the provision or requirement with which compliance
is claimed deficient and allow such grantee sixty (60) days to comply. At the expiration
of such sixty (60) days, the city council may hold a public hearing upon ten (10)
days notice to the person granted a franchise. Said hearing shall be public with the
grantee being permitted to fully participate therein including the right to introduce
testimony and exhibits and to examine and cross-examine witnesses. The hearing shall
be recorded and at the conclusion thereof, the city council, if it reasonably finds
that the grantee has not substantially complied with any material provision or requirement
of this article or the franchise agreement, or has repeatedly violated nonmaterial
violations, may terminate and revoke the franchise, subject, however, to the continuity
of service, purchase rights of city and property disposition provisions of this article
and the agreement.
(Ord. No. 80-512, § 1, 6-24-97)
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