(A) In the event that the municipality believes that the grantee has not complied with the terms of the franchise, it shall notify grantee in writing of the exact nature of the alleged noncompliance.
(B) Grantee shall have 30 days from receipt of the notice described in division (A) above:
(1) To respond to the municipality contesting the assertion of noncompliance, or
(2) To cure such default, or
(3) In the event that, by the nature of default, such default cannot be cured within the 30-day period, initiate reasonable steps to remedy such default and notify the municipality of the steps being taken and the projected date that they will be completed.
(C) In the event that grantee fails to respond to the notice described in division (A) above pursuant to the procedures set forth in division (B) above, or in the event that the alleged default is not remedied within 60 days after the grantee is notified of the alleged default pursuant to division (A), the municipality shall schedule a public meeting to investigate the default. Such public meeting shall be held at the next regularly scheduled meeting of the municipality which is scheduled at a time which is no less than 5 business days therefrom. The municipality shall notify the grantee of the time and place of such meeting and provide the grantee with an opportunity to be heard.
(D) (1) Subject to applicable federal and state law, in the event the municipality, after such meeting, determines that grantee is in default of any provision of the franchise, the municipality may:
(a) Foreclose on all or any part of any security provided under this franchise, if any, including without limitation, any bonds or other surety; provided, however, the foreclosure shall only be in such a manner and in such amount as the municipality reasonably determines is necessary to remedy the default;
(b) Commence an action at law for monetary damages or seek other equitable relief;
(c) In the case of a substantial default of a material provision of the franchise, declare the franchise agreement to be revoked; or
(d) Seek specific performance of any provision, which reasonably lends itself to such remedy, as an alternative to damages.
(2) The grantee shall not be relieved of any of its obligations to comply promptly with any provision of the franchise by reason of any failure of the municipality to enforce prompt compliance.
(E) The grantee shall not be held in default or noncompliance with the provisions of the franchise, nor suffer any enforcement or penalty relating thereto, where such noncompliance or alleged defaults are caused by strikes, acts of God, power outages, or other events reasonably beyond its ability to control.
(Ord. 1416, passed 5-25-1993)