(A) The procedure for renewal or termination of any franchise or agreement or ordinance awarding the franchise in accordance herewith shall require public hearings prior to action by the City Council. Hearings in connection with a renewal of a franchise shall take place not less than 90 days prior to the termination of the franchise. The City Council shall after a hearing take such action as its deems appropriate, which may include any of the following:
(1) The City Council may renew the franchise and agreement and ordinance awarding a franchise in accordance herewith upon such conditions as it may direct;
(2) The City Council may authorize the franchisee to transfer the cable communications system to another acceptable franchisee or cable operator;
(3) The City Council may solicit proposals for and execute a new agreement awarding a franchise in accordance with this chapter and any amendments hereto; or
(4) The City Council may determine not to authorize the award of any further franchise, and thereupon, may direct the franchisee to dismantle its cable communication system.
(a) If the franchisee determines not to renew the agreement awarding a franchise in accordance herewith, the City Council shall proceed to follow one of the courses under division (B)(2) or (3).
(B) Termination.
(1) The City Council may terminate any agreement awarding a franchise in accordance herewith in the event of the violation of any provision hereof or of any rule or regulation promulgated pursuant hereto or of any applicable federal, state, or local law, or the breach or other failure, refusal, or neglect by the franchisee to perform its obligations under the terms and conditions of the ordinance or any ordinance or agreement awarding a franchise in accordance herewith, except when such violation, breach, failure, refusal or neglect is caused by any of the following:
(a) Act of God;
(b) Riot;
(c) An emergency declared by the President of the United States of America, the Governor of the Commonwealth of Kentucky, the County Judge/Executive of Jefferson County, Kentucky or the Mayor; or
(d) A condition beyond the control of the franchisee.
(2) In the event that the City Council determines that the franchisee has violated any provision of this chapter, any rule or regulation promulgated pursuant hereto, any applicable federal, state, or local law, or any term of an agreement or ordinance awarding a franchise, except as noted in subdivision (1) of this division, the City Council shall make a written demand on the franchisee that it comply with the law or said agreement or ordinance. If the violation, breach, failure, refusal or neglect is not remedied to the satisfaction of the City Council, within 30 days following such demand, the City Council shall determine whether or not, in its sole discretion, such violation, breach, failure, refusal, or neglect by the franchisee was excusable or inexcusable as provided in subdivision (1) of this division.
(a) If the City Council determines such violation, breach, failure, refusal or neglect by the franchisee was excusable as provided in subdivision (1) of this division, the City Council shall direct the franchisee to correct or remedy the same with such additional time, in such manner and upon such terms and conditions as the City Council may direct.
(b) If the City Council determines such violation, breach, failure, refusal, or neglect by the franchisee was inexcusable as provided in subdivision (1) of this divisions, then the City Council shall declare this chapter, the franchise, or the agreement or ordinance awarding a franchise in accordance herewith breached, terminated, and of no further force and effect. This action shall be taken by ordinance.
1. Termination shall in no way limit the rights of the city or the franchisee to any remedies legal or equitable, available to the city or franchisee.
(3) If the City Council declares the said agreement breached pursuant to subdivision (1) of this division, the City Council may pursue any remedies available to it pursuant to this chapter or to the said franchise agreement or ordinance or any other remedy, legal or equitable, available to the City Council. In addition, the City Council may take action listed in subdivision (2) of this division.
(C) In the event that the franchisee dismantles or terminates the cable communications system or is required by any provision of this chapter to dismantle or terminate the cable communications system, the franchisee shall at the City Council's direction, restore any property, public or private, to the condition in which it existed prior to the erection or construction of the system, including any improvements made to such property subsequent to the construction of the system. Restoration of city property, including, but not limited to, streets, shall be in accordance with the directions and specifications of the City Council and all applicable laws. The franchisee, at the option and direction of the City Council, shall restore the same at its expense.
(Ord. 92-06, passed 12-17-92; Am. Ord. 93-01, passed 5-20-93)