13-2-18: PUBLIC HEARINGS:

   A.   Failure To Comply; Hearing Scheduled: In the event that grantee fails to respond to the notice described in section 13-2-16 of this chapter pursuant to the procedures set forth in section 13-2-17 of this chapter, or in the event that the alleged default is not remedied within sixty (60) days after the grantee is notified of the alleged default pursuant to section 13-2-16 of this chapter, the franchise authority shall schedule a public meeting to investigate the default. Such public meeting shall be held at the next regularly scheduled meeting of the franchise authority which is scheduled at a time which is no less than five (5) business days therefrom. The franchise authority shall notify the grantee with an opportunity to be heard.

   B.   Enforcement: Subject to applicable federal and state law, in the event the franchise authority, after such meeting, determines that grantee is in default of any provision of the franchise, the franchise authority may:

      1.   Foreclose on all or any part of any security provided under this franchise, if any, including, without limitation, any bonds or other surety; provided, however, the foreclosure shall only be in such a manner and in such amount as the franchise authority reasonably determines is necessary to remedy the default;

      2.   Commence an action at law for monetary damages or seek other equitable relief;

      3.   In the case of a substantial default of a material provision of the franchise, declare the franchise agreement to be revoked; or

      4.   Seek specific performance of any provision, which reasonably lends itself to such remedy, as an alternative to damages.

The grantee shall not be relieved of any of its obligations to comply promptly with any provision of the franchise by reason or any failure of the franchise authority to enforce prompt compliance.

   C.   Acts Of God: The grantee shall not be held in default or noncompliance with the provisions of the franchise, nor suffer any enforcement or penalty relating thereto, where such noncompliance or alleged defaults are caused by strikes, acts of God, power outages, or other events reasonably beyond its ability to control. (Ord. 94-4, 8-1-1994)