In case of failure on the part of a franchisee, its successors and assigns, to comply with any of the provisions of this chapter or its franchise, or if the franchisee, its successors and assigns, should do or cause to be done any act or thing prohibited by or in violation of this chapter or the terms of its franchise, the franchisee, its successors and assigns, shall forfeit all rights and privileges permitted by this chapter and its franchise, and all rights hereunder shall cease, terminate and become null and void, provided that said forfeiture shall not take effect until the city shall carry out the following proceedings. Before the city declares the forfeiture or revocation of a franchise, it shall first serve a written notice upon the franchisee, setting forth in detail the neglect or failure complained of, and the company shall have 30 days thereafter, or such other reasonable period established by the city, in which to cure the default by complying with the conditions of its franchise and fully remedying any default or violation. If at the end of such 30 day or other reasonable period, the city determines that the conditions have not been complied with, the city shall take action by an affirmative vote of a majority of the Council present at the meeting and voting, to terminate the franchise, setting out the grounds upon which the franchise is to be forfeited or revoked. Nothing herein shall prevent the city from invoking any other remedy available at law or in equity.
(Ord. 4-2005, passed 5-19-05)