(A) In the event that the franchising authority believes that the grantee has not complied with the terms of the franchise, it shall notify the grantee of the exact nature of the alleged non-compliance.
(B) The grantee shall have 30 days from receipt of the notice described in division (A) above to respond to the franchising authority contesting the assertion of noncompliance, or to cure the default or, in the event that, by the nature of default, the default cannot be cured within the 30-day period, initiate reasonable steps to remedy the default and notify the franchising authority of the steps being taken and the projected date that they will be completed.
(C) In the event that the 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 45 days after the grantee is notified of the alleged default pursuant to division (A) above, the franchising authority shall schedule a public meeting to investigate the default. The public meeting shall be held at the next regularly scheduled meeting of the franchising authority so as to provide the grantee at least five-business days' notice. The franchising authority shall notify the grantee of the time and place of the meeting and provide the grantee with an opportunity to be heard.
(D) Subject to applicable federal and state law, the franchising authority, after holding the meeting, determinates that the grantee is in default of any provisions of the franchise, the franchising authority may:
(1) 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, that the foreclosure shall only be in a manner and in an amount as the franchising authority reasonably determines is necessary to remedy the default;
(2) Commence an action at law for monetary damages or seek other equitable relief;
(3) In the case of a substantial default of a material provision of the franchise, declare the franchise agreement to be revoked; and/or
(4) Seek specific performance of any provision which reasonably lends itself to the remedy, as an alternative to damages.
(E) 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 franchising authority to promptly enforce compliance of any provision of this franchise.
(F) 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 the noncompliance or alleged defaults are caused by strikes, acts of God, power outages, or other events reasonably beyond its ability to control.
(Ord. 617, passed 7-1-1985)