Should franchisee fail, neglect or refuse to fulfill any or all of the terms and stipulations of the franchise to be by them performed, then the City of Banks shall have the right to cancel and annul this franchise as it applies to the offending franchisee, to delete the offender, or offenders, from this franchise. Before any cancellation, or deletion, the Council shall service upon the offending franchisee a written notice setting forth wherein the franchisee has failed in its duties as set forth in this chapter and fixing a time not less than 10 days after the service of the notice when the matter will be heard before the City Council or a hearings officer designated by the city, as the City Council may deem appropriate under the circumstances. At the hearing, the franchisee shall have the right to be present in person and to be represented by counsel and to present proper witnesses and evidence concerning the matter. The city may also in like manner present proper witnesses and evidence it may deem advisable. All witnesses shall be heard under oath and may be cross-examined by the franchisee or its representative; and the procedure shall, as nearly as practicable, follow the procedure in a trial of matters before equity courts of Oregon. The findings of the City Council or a hearings officer designated by the city, as the case might be, shall be final, subject to judicial review.
(Ord. 2007-11-02, passed 11-13-2007; Ord. 2010-04-01, passed 5-13-2010; Am. Ord. 2012-11-01, passed 11-13-2012)