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)