A. Remedies. Upon the occurrence of any event of default by the grantee, the city council may:
1. Assess against the grantee monetary penalties not to exceed One Thousand Dollars ($1,000.00) for each such event of default or series of related events of default and/or require the grantee to cure each such event of default within such time, in such manner, and upon such terms and conditions as the city council shall designate; or
2. Revoke and terminate the grantee's franchise.
B. Public Hearing. Prior to imposing any such remedy or remedies upon the grantee upon the occurrence of any such event of default, the city shall do the following:
1. The city shall provide the grantee with at least fifteen (15) days’ prior written notice of the time and place of a public hearing to be held before the city council for purposes of determining whether such event of default has occurred and, if it has occurred, whether such event of default was for just cause. Notice as to the time and place of such hearing shall be published at least once ten (10) days before such hearing in a newspaper of general circulation within the grantee's service area;
2. The grantee shall be afforded full due process in connection with such hearing, including, but not limited to, an opportunity to introduce evidence, to require the production of evidence, and to introduce and/or question persons connected with or having knowledge of the alleged default. A transcript may be made of the hearing at the grantee's expense;
3. The city council shall hear any persons interested therein and, based upon the evidence presented at such hearing, shall determine whether or not an event of default by the grantee has occurred;
4. If the city council shall determine that there occurred an event of default by the grantee and such default was with just cause, the city council shall direct the grantee to correct or remedy the same within such additional time, in such manner, and upon such terms and conditions as the council determines to be necessary; or
5. If the city council shall determine that there occurred an event of default by the grantee and such default was without just cause, then the city council may, by resolution, impose any one or more of the remedies set forth in subsection A of this section.
C. Remedies Cumulative. The city council may, in its sole judgment and discretion, impose any one or more of the foregoing remedies against the grantee, which administrative remedies shall be in addition to any and all other legal or equitable remedies it has under the franchise or under any applicable law.
D. City’s Rights Not Affected. The termination and forfeiture of any franchise shall in no way affect any of the rights of the city under the franchise or any provisions of law.
(Ord. 2107 §1)