(A) Duration. Any franchise granted under this subchapter shall be for a term not to exceed 15 years, as determined by the City Council. The term of a franchise shall commence the date of its acceptance by the grantee.
(B) Termination.
(1) Pursuant to the procedures set forth in this chapter and any applicable state and federal law, the city may terminate any franchise granted pursuant to the provisions of this chapter in the event of the failure, refusal or neglect by grantee to do or comply with any material requirement or limitation contained in this chapter, in the franchise, in any rule or regulation adopted by the Council, or in any lawful order issued for or on behalf of the city (hereinafter referred to, collectively, as "requirement").
(2) The City Manager shall make written demand upon a grantee to do or comply with any such requirement. If the failure, refusal or neglect of a grantee to so comply continues following the written demand, the City Manager shall advise the City Council thereof. The Council shall set a public hearing to consider whether the franchise should be terminated. The City Clerk shall cause to be served upon the grantee, at least 30 days prior to the date of the Council hearing, a written notice of the request for such termination, and the time and place of the hearing. The City Clerk shall also publish a notice of hearing, setting forth a time and place when and where any persons having any interest therein may appear before the Council and be heard, at least ten days prior to the hearing in a newspaper of general circulation within the city.
(3) The Council shall consider the matter and shall hear any persons interested therein, and shall determine whether or not any failure, refusal or neglect by the grantee occurred as charged.
(4) If such failure, refusal or neglect by the grantee is found by the Council to have occurred, but is found to be the result of excusable neglect by grantee, the Council shall order the grantee to comply with the requirement within the time and in the manner as it deems reasonable.
(5) If the Council shall determine such failure, refusal or neglect by the grantee occurred, but was not due to excusable neglect by grantee, then the Council shall, by resolution, impose liquidated damages, and may declare that the franchise of the grantee shall be terminated unless there be compliance by the grantee with the requirement in the time and manner as the Council shall fix.
('83 Code, § 5.24.070) (Ord. 912, passed - -85)