(A) The City Council may hold a public meeting to determine whether grantee materially breached the franchise and the appropriate penalty to be imposed, if any, as a result of such breach. The city shall cause to be served upon grantee, at least ten days prior to the date of such meeting, written notice of any intent to terminate the franchise and the time and place of the meeting. Grantee may appear at such meeting and present such evidence, orally or in documented form, that it deems relevant and appropriate to the Council's deliberations. Based on the evidence presented at the meeting, the City Council shall determine in its discretion whether or not a material breach occurred and whether to terminate the franchise or take other appropriate action.
(B) Should the City Council find that there has bean a material breach of the franchise, but that termination of the franchise is inappropriate, then the Council may asses and levy monetary penalties against grantee. This penalty provision is separate and apart from the city's right to enforce the provisions of the construction and performance bonds and liquidated damages.
(C) The city shall cause grantee to be served with written notice of any action taken by the City Council following such public hearing. The decision of the City Council as to such matters shall be final.
(D) Nothing herein is intended to limit the City Council's right to make other determinations which are reasonably related to the franchise, or to seek any other appropriate relief to which the city may be entitled, at law or equity, as a result of any breach by grantee of its obligations under the franchise.
(Ord. 4315, passed 11-12-96)