Title 5 BUSINESS TAXES, LICENSES AND REGULATIONS
Chapter 5.32 CABLE TELEVISION
5.32.050 Franchise--Term--Renewal--Termination.
A. The franchise(s) granted by the council under this chapter shall be for
a maximum term of fifteen years from the date of its acceptance by the grantee.
During the last year of the franchise, the grantee may apply to the council for
a renewal of the franchise. Permission to renew for an additional equal term of
fifteen years shall not be unreasonably withheld if the grantee has
substantially complied with the terms and conditions of the existing
franchise.
B. The city may terminate any franchise granted pursuant to the
provisions of this chapter in the event of the failure, refusal or neglect by
the grantee to do or comply with any material requirement or limitation
contained in this chapter, or any material rule or regulation of the council or
city manager validly adopted pursuant to this chapter.
C. The city manager
may make written demand that the grantee do or comply with any such requirement,
limitation, term, condition, rule or regulation. If the failure, refusal or
neglect of the grantee continues for a period of thirty days following such
written demand, the grantor shall cause a public hearing to be held thereon by
the city council. A written notice of this intent to request such termination,
and of the time and place of the meeting, shall be mailed certified to the
grantee, and such notice shall be published by the city clerk at least once
within ten days before such meeting in a newspaper of general circulation within
the city.
D. The council shall consider the request of the city manager and
shall hear any persons interested therein, and shall determine, in its
discretion, whether or not any failure, refusal or neglect by the grantee was
with just cause.
E. If such failure, refusal or neglect by the grantee was
with just cause, the council shall direct the grantee to comply within such
time, in such manner, and and upon such terms and conditions as are
reasonable.
F. If the council determines such failure, refusal or neglect by
the grantee was without just cause, then the council may, by resolution, declare
that the franchise of such grantee shall be terminated and forfeited, unless
there is compliance by the grantee within such period as the council may fix, or
reduce the length of the franchise by a period of time up to the duration of the
failure and/or violation.
G. The termination and forfeiture of any franchise
shall in no way affect any of the rights of the city under the franchise or any
provision of law.
H. In the event of any holding over after expiration of
any franchise granted under this chapter, without the prior consent of the city
expressed by resolution, the grantee shall pay to the city reasonable
compensation and damages, of not less than one hundred percent of its profits
during such period. (Prior code § 7-5)
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