(A) Subject to the procedural requirements set forth below, the city may terminate and cancel this franchise and all rights and privileges of the grantee hereunder in the event the grantee does any of the following:
(1) Substantially violates any provision of or defaults in the performance of any of its obligations under this franchise or any valid rule, order, or determination of the city;
(2) Attempts to evade any of the provisions of this franchise or practices any fraud or deceit upon the city;
(3) Files a petition or is adjudged bankrupt or insolvent under the Bankruptcy Act or any other insolvency or creditors’ rights law, state or federal.
(B) The city shall provide the grantee a written notice of the cause for termination and its intention to terminate the franchise. Such written notice shall allow the grantee a reasonable period of time, not less than 30 days after receipt of the notice by any corporate officer or resident manager of the grantee by certified mail or personal service, in which to eliminate or remedy the stated cause for termination. If the grantee begins and pursues with due diligence its efforts to eliminate or remedy the stated cause for termination but such cause cannot be eliminated or remedied within the period of time specified by the city, then such period of time shall be extended as necessary to enable the grantee to begin and complete its corrective action through the exercise of due diligence.
(C) If the grantee fails to eliminate or remedy the stated cause for termination within the reasonable time specified or extended and the city determines to proceed with its intention to terminate the franchise, the grantee shall be provided with an opportunity to be heard at a public hearing prior to the termination of the franchise.
(D) In the event the city determines to terminate the franchise it shall set forth its findings, conclusions, and determination to terminate the franchise in a written resolution.
(Ord. 51, passed 4-12-83)