(1) Renewal. The procedure for considering renewal of the license agreement shall be as provided by federal law.
(2) Revocation, procedure. Where, after notice and providing the licensee an opportunity to be heard (if such opportunity is timely requested by a licensee), the city finds that the facility is being maintained or operated in violation of this chapter or in substantial violation of the terms of the license, the city may revoke the license. The license may not be revoked unless the licensee (1) was given notice of the default; and (2) sixty (60) days to cure the default; and (3) the licensee failed to cure the default fully and completely to prevent the recurrence of the same or a similar violation, or to propose a schedule for curing the default acceptable to the city where it is impossible to cure the default in sixty (60) days; except that, fraud shall be deemed incurable. The city manager or his designee is authorized to provide the notice and conduct a proceeding that provides the licensee an opportunity to be heard, and to issue a recommended decision, but any such decision may be appealed to the city council. Any appeal must be filed within thirty (30) days of the decision of the city manager or it shall be deemed waived.
(3) Exceptions/forfeiture. Notwithstanding the foregoing, the city may declare the license forfeited where the licensee (1) fails to begin to exercise its rights under the license or fails to commence or complete any required rebuild of its system within nine (9) months of a period specified in the license; (2) willfully stops operating the cable system as it is required to operate it under the license in a substantial portion of the license area; (3) without the prior consent of the city, transfers the license; or (4) defrauds or attempts to defraud the city or the operator's customers. However, before declaring the license forfeited, the city shall notify the licensee in writing of its intent to declare the license forfeited and provide the licensee with an opportunity to show cause why the license should not be forfeited.
(4) Effect of termination or forfeiture. Upon termination or forfeiture of a license, whether by action of the city as provided above, or by passage of time, the licensee shall be obligated to cease using the cable system for the purposes authorized by the license.
(5) Remedies cumulative. All remedies under this chapter and any license are cumulative unless otherwise expressly stated. The exercise of one remedy shall not foreclose use of another, nor shall the exercise of a remedy or the payment of liquidated damages or penalties relieve a licensee of its obligations to comply with its license. Remedies may be used singly or in combination; in addition, the city may exercise any rights it has at law or equity. Recovery by the city of any amounts under insurance, the performance bond, the security fund or letter of credit, or otherwise, does not limit a licensee's duty to indemnify the city in any way; nor shall such recovery relieve a licensee of its obligations under a license, limit the amounts owed to the city, or in any respect prevent the city from exercising any other right or remedy it may have. Nothing herein shall be read to authorize the double-recovery of damages.
(6) Right to require dismantling. In the event that the city exercises its option to require the licensee to dismantle the system, the licensee shall, in an expeditious manner, at its own expense and at the direction of the city, restore any property, public or private, to the condition in which it existed prior to the erection or construction of the system, including any improvements made to such property subsequent to the construction of the system.
(Ord. No. 8937, § 2, 9-2-97)