A. This franchise is for a term of twenty years from the effective date of the ordinance transferring the franchise from Theta Cable of California, Inc., to the Teleprompter Corporation, but shall terminate if, as and when, and to the extent that, the City acquires the CATV system property of the grantee installed in the city.
B. The City may terminate any franchise granted pursuant to the provisions of this chapter in the event of the wilful failure or refusal by grantee to do or comply with any material requirement or limitation contained in this chapter, or any material rule or regulation of the Council or City Manager validly adopted pursuant to this chapter.
C. The City Manager may make written demand that the grantee do, or comply with, any such requirement, limitation, term, condition, rule or regulation. If the failure, refusal or neglect of the grantee continues for a period of thirty days following such written demand, the City Manager may place his request for termination of the franchise upon the Council meeting agenda. The City Manager shall cause to be served upon such grantee, at least ten days prior to the date of such Council meeting, a written notice of his intent to request such termination, and the time and place of the meeting.
D. The Council shall consider the request of the City Manager and shall hear any persons interested therein, and shall determine whether or not any failure, refusal or neglect by the grantee was with just cause.
E. If such failure, refusal or neglect by the grantee was with just cause, the Council shall direct the grantee to comply within such time and manner and upon such terms and conditions as are reasonable.
F. If the Council determines such failure, refusal or neglect by the grantee was without just cause, then the Council may pass its resolution declaring that the franchise of the grantee shall be terminated and forfeited unless there is compliance by the grantee within such period as the Council may fix.
G. The termination and forfeiture of any franchise shall in no way affect any of the rights of the City under the franchise or any provision of law.
H. In the event of any holding over after the expiration or other termination of any franchise granted hereunder, without the prior consent of the City, expressed by resolution, the grantee shall pay to the City reason- able compensation and damages, of not less than fifty percent of its total gross revenue during said period.
I. Any and all minimum standards governing the operation of grantee and any and all maximum rates, ratios, and charges specified herein or in any franchise issued hereunder, existing now and at any time in the future, and any and all rights, powers, privileges, and authorities of the City to determine, establish, or fix any of the same, are each and all hereby declared by the City and by any grantee accepting any franchise hereunder to be contractual in nature and to be for the benefit of the city and all subscribers situated herein. (Ord. 2326 § 1 (part), 1980).