§ 13.20.100. Rights of city—Termination of franchise.

A.

The city reserves the right to close any street or streets used by the franchisee during the course of construction or during the course of necessary repairs thereto, or in the event that any street becomes dangerous to the operation of automobiles; it being understood, however, that the city shall not be held liable for damages to the franchisee or any of its servants or employees by reason of defects in streets, or by reason of failure to repair the same.

B.

Failure to comply with a written notice to provide the service required by this chapter, or to otherwise comply with the provisions of this chapter after written notice, shall be grounds for modification, termination or suspension of the franchise herein granted.

1.

After written notice from the council is served either in person or by certified mail that such grounds exist, the franchisee shall have ten (10) days from the date of mailing or serving of the notice in which to comply, to request a public hearing before the council or to request an extension of the time allowed for compliance as specified in this subsection. The council may, in its sole discretion, grant said extension if the council determines the franchisee has shown good cause.

2.

In the event the franchisee or the council requests a public hearing, the franchisee shall be given twenty (20) days' notice in advance of the time, date and place of the hearing.

3.

At such a public hearing, the franchisee and other interested persons shall be given an opportunity to present oral, written or documentary evidence to the council. The franchisee shall have the right to be present in person and to be represented by counsel and to present such witnesses and evidence as may be proper concerning the matter. All witnesses shall be heard and may be questioned by the adverse party. The findings of the city council thereon shall be conclusive; provided, however, that such action may be appealed to a court of competent jurisdiction.

4.

If the franchisee fails to comply with the written notice within the specified time or fails to comply with the order of the council entered upon the basis of written findings at the public hearing, the council may suspend, modify or terminate the franchise or make such action contingent upon continued noncompliance.

(Ord. 91-4 § 9, 1991)