12-2-18: FRANCHISE IS BINDING; ASSIGNMENT OR TERMINATION OF FRANCHISE:
This franchise shall apply to and bind the city and the company and their successors and assigns; provided that any assignment by the company shall be subject to the approval of the city council by resolution, which approval shall not be unreasonably withheld.
The city expressly reserves the right to terminate the franchise granted herein if the company breaches any of the provisions of this franchise; provided, however, there shall be no termination if the company shall correct the breach within sixty (60) days following written notice provided by the city to do so.
The company shall not be excused from complying with any of the terms and conditions of this franchise by any failure of the city to insist upon or seek compliance with any such terms or conditions. Further, it is agreed that the subject matter of this franchise is unique and may be enforced by specific performance, at the city's option, since a remedy at law may be inadequate. (Ord. 07-4293, 11-27-2007)