(A) By city for cause. If the grantee ceases to maintain grantee facilities in accordance with the maintenance commitments outlined in the service quality measures review filed with the OPUC, and this causes an increase in the risk to the public of personal injury or property damage, the city shall notify the grantee and the grantee shall have 30 days after the date of the notice to eliminate such risk or, if such risk can not be eliminated within 30 days, such reasonable time period as is required to eliminate such risk and the grantee shall bear all costs related to remedying the risk. If the grantee does not eliminate the risk in accordance with the preceding sentence, the city may then terminate this franchise by providing the grantee written notice of termination.
(B) By city if city will provide service. The city may terminate this franchise upon one year’s written notice to the grantee in the event that the city decides to engage in public ownership of the electric facilities located in the public ROW and the public distribution of electric energy to customers throughout the city in accordance with O.R.S. 758.470.
(C) City reserves right to terminate. In addition to any other rights provided for in this franchise, the city reserves the right, subject to § 100.14 (E) and (F), to terminate this franchise in the event that:
(1) The grantee materially violates any material provision of this franchise;
(2) The grantee is found by a court of competent jurisdiction to have practiced any material fraud or deceit upon the city;
(3) There is a final determination that the grantee has failed, refused, neglected or is otherwise unable to obtain or maintain the grantee’s service territory designation required by any federal or state regulatory body regarding the grantee’s operation of grantee’s electric light and power system; or
(4) The grantee becomes unable or unwilling to pay its debts, or is adjudged bankrupt.
(1) The invalidation, failure to pay or any suspension of the grantee’s payments of franchise fees or privilege taxes to the city for use of the public ROW under this franchise;
(2) Any failure by the grantee to submit timely reports as may be requested by the city, regarding the calculation of its franchise fees or privilege taxes paid or to be paid to the city;
(3) Any failure by the grantee to maintain the liability insurance or self insurance required under this franchise;
(E) Notice and opportunity to cure. The city shall provide the grantee 30 days prior written notice of its intent to exercise its rights under this § 100.14, stating the reasons for such action. If the grantee cures the basis for termination or if the grantee initiates efforts satisfactory to the city to remedy the basis for termination and the efforts continue in good faith within the 30-day notice period, the city shall not exercise its remedy rights. If the grantee fails to cure the basis for termination or if the grantee does not undertake and/or maintain efforts satisfactory to the city to remedy the basis for termination within the 30-day notice period, then the City Council may impose any or all of the remedies available under this § 100.14.
(F) Remedies. In determining which remedy or remedies are appropriate, the city shall consider the nature of the violation, the person or persons burdened by the violation, the nature of the remedy required in order to prevent further such violations, and any other matters the city deems appropriate.
(G) Financial penalty. In addition to any rights set out elsewhere in this franchise, as well as its rights under the city code or other law, the city reserves the right at its sole option to impose a financial penalty of up to $500 per day per material violation of a material provision of this franchise when the opportunity to cure has passed.
(Ord. 2010-03-01, passed 3-10-2010; Ord. 2010-04-01, passed 5-13-2010)