CHAPTER 8A. CABLE COMMUNICATIONS SYSTEM.
Sec. 8A.090. Franchise term--Duration and termination.
(a) The franchise granted by the city under this chapter shall be for a
maximum term of fifteen years from the effective date of the franchise to
grantee. Renewal shall be in accordance with federal and state law.
city may terminate any franchise granted pursuant to the provisions of this
chapter in the event of the failure, refusal or neglect by grantee to do or
comply with any material requirement or limitation contained in this chapter, or
any franchise ordinance or agreement between grantor and grantee granting a
franchise adopted hereunder.
(c) The city manager may make written demand,
in accordance with the notice procedures set forth in the franchise ordinance or
agreement between grantor and grantee granting a franchise, that grantee do or
comply with any such requirement, limitation, term, condition, rule or
regulation. If the failure, refusal or neglect of grantee continues for a period
of ninety days following such written demand, the city manager may place his
request for the termination of the franchise upon the next regular city council
meeting agenda. The city manager shall cause to be served upon such grantee, at
least ten days prior to the date of such city council meeting, a written notice
of his intent to request such termination, and the time and place of the
meeting, notice of which shall be published by the city clerk at least once ten
days before such meeting in a newspaper of general circulation within the
(d) The city 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 grantee was with just
(e) If such failure, refusal or neglect by grantee was with just
cause, the city shall direct grantee to comply within such time and manner and
upon such terms and conditions as are reasonable.
(f) If the city shall
determine such failure, refusal or neglect by grantee was without just cause,
then the city may, by resolution, declare that the franchise of such grantee
shall be terminated and forfeited unless there is compliance by grantee within
such reasonable period as the city may fix, or reduce the length of the
franchise by a period of time up to the duration of the failure and/or
(g) 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, grantee shall pay to the city reasonable compensation
and damages of not less than five percent of its gross revenue during such
period. (Ord. No. 1097, § 1 (part).)