(A) No franchise granted by the City Council under this chapter, shall be for a term longer than 15 years following the date of acceptance of such franchise by the grantee or the renewal thereof; provided, however, the City Council may extend the term of any franchise then in effect for an additional term of no more than 10 years.
(B) (1) Any such franchise may be terminated prior to its date of expiration by the Council in the event the grantee fails or refuses to substantially comply with the city's demand that a violation be corrected of any material provision, term, or condition of this chapter or any franchise or permit issued under this chapter. If the city deems the grantee to be in violation of any provision, term, or condition of this chapter or any franchise issued under this chapter, the city shall make a written demand that the grantee take corrective action. If the alleged violation by the grantee continues for a period of 120 calendar days following such written demand without a response from the grantee that the corrective action has been taken, that corrective action is being actively and expeditiously pursued, or that the grantee is otherwise not in violation of this chapter, the city may place the issue of the termination of the franchise before the Council. The Council shall cause to be served upon the grantee, at least 20 calendar days prior to the date of the Council meeting, a written notice of intent to consider such termination for failure to correct the alleged violation, a statement of the nature and scope of the alleged violation, and the time and place of the meeting. Public notice shall be given of the meeting and the issue which the Council is to consider. The Council shall hear and consider the issue, shall hear any person interested on the issue, and shall determine whether or not the alleged violation has occurred. If the Council determines that the alleged violation by the grantee has occurred, the Council shall also determine whether the violation is the fault of the grantee and was within the grantee's reasonable control to correct. If the violation is the fault of the grantee and was within the grantee's reasonable control to correct, the Council may declare that the franchise of the grantee be terminated. All factual and legal issues raised by the Council's decision to terminate the franchise may be determined by a court having jurisdiction provided such action is commenced within 90 calendar days after the grantee receives written notice of the decision to terminate. All factual and legal issues raised by the Council's decision to terminate the franchise may be determined de novo by a court having jurisdiction in accordance with the rules of civil procedure and evidence applicable to breach of contract actions between private parties.
(2) If any provision of this chapter becomes invalid or unenforceable because of a superseding law, regulation, or court decision, and if such provision constitutes a consideration material to the grant of such franchise, then the parties shall have the opportunity to open up the franchise ordinance and agreement for amendments mutually agreeable to the parties; provided, however, any such amendment shall conform to and, if appropriate, incorporate relevant provisions of state or federal laws.
('66 Code, § 5-5.05) (Ord. 590-C-S, passed 9-11-84; Am. Ord. 827-C-S, passed 12-30-91)