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A. In the event of the failure, refusal, or neglect by grantee to do or comply with any material requirement or limitation contained in this chapter or the franchise agreement or any material rule or regulation of the council or city manager validly adopted pursuant to this chapter or the franchise agreement, (herein "violation"), the city, in its sole discretion and, provided that the city complies with the procedures set forth in this section, may impose any of the remedies provided in Section 13.12.245.
B. If the city manager determines that a violation exists, the city manager shall serve a written notice on grantee specifying the nature of the violation, any proposed corrective action, the period of time permitted to cure the violation, and any remedies or penalties to be imposed if the violation is not cured. The grantee may respond in writing to the city manager seeking reconsideration of the determination or any extension of time to cure the violation, or may in writing appeal the city manager's determination to the city council, except that any determination in which the city manager proposes to terminate the franchise shall go automatically to the city council for consideration. The city manager's determination shall be deemed final unless the violation is cured within thirty days after the date grantee receives notice of the determination, or such longer time as may be specified in the notice or any extension of such time as may be granted by the city manager, unless an appeal is taken to the city council. Once the determination becomes effective, the city manager may impose the remedies or damages specified in the determination.
C. Any appeal of a determination by the city manager shall be placed by the city clerk in the city council's next regular agenda. The city council shall determine whether to hear such appeal and whether a public hearing should be held for such purpose, provided that in the event termination of the franchise is proposed, the council shall set the matter for a public hearing. The grantee shall be given ten days' written notice of the time the council will consider any appeal. In the event of a public hearing, at least ten days' prior notice shall be published in a newspaper of general circulation, and the council may compel grantee, at grantee's expense, to send a special written notice to any or all subscribers.
D. At the time set for the hearing, the council shall hear any persons interested therein, and shall determine, in its discretion, whether:
1. The violation existed;
2. The violation was excused by just cause;
3. The violation has been cured;
4. The period to cure the violation is adequate;
5. The grantee has shown good faith;
6. The remedies or damages are appropriate. The council, after determining the foregoing, shall make such order as they deem appropriate to cure the violation and prevent reoccurrence of such violations. The order shall be in writing, contain appropriate findings, and be served on grantee. The order of the council shall be final.
E. The termination and forfeiture of any franchise shall in no way affect any of the rights of the city under the franchise or any provisions of law.
(Ord. 85-07-950 § 1 (part))