§ 5-10.05. Franchises: Term: Termination: Periodic reviews: Renewal.

(a)

Term. A franchise granted pursuant to the provisions of this chapter shall be for a term not to exceed fifteen (15) years. The effective date of the franchise shall be the date of adoption of the resolution by the City approving the franchise agreement.

(b)

Termination.

(1)

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 validly adopted following duly noticed public hearings.

(2)

The City Manager, or the Environmental Services Director, may make a 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 is not cured within thirty (30) days, after written notice has been mailed to the grantee, the City Manager may request the termination of the franchise before the City Council. The Council shall hold a duly noticed public hearing to consider the City Manager's request. The City Clerk shall cause to be served upon such grantee, at least thirty (30) days prior to the date of such Council meeting, a written notice of its intent to request such termination and the time and place of the meeting. The City Clerk shall also publish a notice of such a hearing, setting forth a time and place when and where any persons having any interest therein may appear before the Council and be heard, at least ten (10) days prior to the hearing in a newspaper of general circulation within the City.

(3)

The Council shall consider the request of the City Manager, and shall hear any person interested therein, and shall thereupon determine, in its discretion, whether or not any failure, refusal, or neglect by the grantee warrants revocation of the franchise.

(4)

If the Council determines that such failure, refusal, or neglect by the grantee was excusable, the Council shall direct the grantee to comply within such time and manner and upon such terms and conditions as are reasonable.

(5)

If the Council shall determine such failure, refusal, or neglect by the grantee was inexcusable the Council may declare, by resolution, that the franchise of such grantee shall be terminated and forfeited, finally or conditionally in the Council's sole discretion.

(6)

The termination and forfeiture of any franchise shall in no way affect any of the rights of the City under the franchise or any provisions of law.

(c)

Periodic reviews. The City may review any existing franchise agreement and, following negotiations, and upon mutual agreement with the grantee may adopt, by resolution, any modifications in the franchise agreement which may be deemed reasonably necessary for the public health, safety, or welfare. Such resolution shall only be adopted after a duly noticed public hearing. The City Clerk shall publish a notice of any such hearing, setting forth a time and place when and where any persons having any interest therein may appear before the Council and be heard, at least ten (10) days prior to the hearing in a newspaper of general circulation within the City. The City Clerk shall also cause a copy of such notice to be mailed to the grantee at least ten (10) days prior to the hearing. At the request of either party and upon mutual agreement of both parties, such negotiation may also occur.

(d)

Renewal. Any franchise granted pursuant to the provisions of this chapter may be considered for renewal by the Council pursuant to the provisions of Section 5-10.04 of this chapter and applicable law, upon the request of the grantee, in the same manner and upon the same terms and conditions as required by the provisions of this chapter for obtaining the original franchise, except those which are by their terms expressly inapplicable; provided, however, the Council may waive compliance with any or all of such requirements. The grantee shall make a request for franchise renewal not later than thirty (30) nor earlier than thirty-six (36) months prior to the expiration of the franchise. The renewal term of any franchise shall not be greater than the initial term.

(§ 2, Ord. 719, eff. January 4, 1990)