(A) Forfeiture of franchise.
(1) In addition to all other rights and powers of the city by virtue of the franchise or this chapter, the city may terminate and cancel the franchise and all rights and privileges of the franchisee thereunder in the event that the franchisee either:
(a) Substantially violates any provision of the franchise or this chapter or any rule, order, or determination of the Common Council made pursuant thereto, where such violation shall remain uncured for a period of 30 days subsequent to receipt by franchisee of a written notice of such violation, except where such violation is not the fault of the franchisee or is due to excusable neglect; or
(b) Attempts to evade any of the provisions of this chapter or franchise agreement, or practices fraud or deceit upon the city.
(c) Fails to apply all monies due from the company to the city hereunder after 30 days written notice by the city to the company.
(2) Such determination and cancellation shall be made by ordinance of the Common Council duly adopted after 20 days' notice to the franchisee, and shall in no way affect any of the city's rights under this franchise or any provision of law. However, before the franchise may be terminated and cancelled under this section, except for nonpayment of monies due to the city from franchisee, the franchisee shall be provided with an opportunity to be heard at a public hearing before the Common Council upon ten days' written notice to the franchisee of the time and place of the public hearing. The notice shall affirmatively cite the reasons alleged to constitute a cause for revocation; and provided that notice of a public hearing shall be published in a local newspaper of general circulation at least five days before the hearing.
(B) Contravention of franchise. A breach by franchisee of the franchise agreement, in addition to constituting a breach of contract, shall constitute a violation of this chapter. The cost of any litigation incurred by the city to enforce this chapter or the franchise granted pursuant hereto or in relation thereto, or in relation to the cancellation or termination of a franchise, shall be reimbursed to the city by the franchisee. Such costs shall include, but not be limited to, filing fees, costs of depositions, discovery, and expert witnesses, all other expenses of a suit, and reasonable attorney's fee.
(Ord. 2-1976, passed 8-2-76; Am. Ord. 3-1993, passed 4-19-93)