§ 10.46.130. Termination of nonexclusive franchise by the city council.

A.

The city council shall have the right to terminate or to suspend any franchise pursuant to this section.

B.

A notice of intent to terminate a nonexclusive franchise shall be personally delivered or mailed by certified mail, at the discretion of the police chief, to the party named and to the address given on the application pursuant to which such nonexclusive franchise was issued. The notice shall state the grounds for termination or suspension and shall give the franchisee notice of a hearing before the city council thereon, which shall be convened no more than 60 days after the date of notice unless the hearing cannot reasonably be set within such time, in which case the hearing shall be set as promptly as may be practical. The hearing shall be conducted and closed, and decision rendered thereon, within 60 days after the date of the notice unless it cannot then reasonably be completed, in which case it shall be completed as promptly as may be practical. The city council shall have the right to terminate any nonexclusive franchise granted pursuant to this chapter by ordinance by the affirmative vote of 5 members if the city council finds, based upon a preponderance of the evidence, after a public hearing, that:

1.

The franchisee has failed to comply with, or to do anything required of the franchisee by this chapter, or that franchisee has failed to pay the franchise fees required under this chapter or violated any provision of the ordinance granting the nonexclusive franchise, or any provision of the nonexclusive franchise agreement or any ordinance of the city or any law of the state or of the United States in connection with the performance of the nonexclusive franchise or that franchisee's conduct demonstrates that the franchisee is unable to unwilling to comply with the terms of the nonexclusive franchise.

2.

Should any provision of this chapter become or be declared to be invalid and the board expressly finds that such provision constitutes a material consideration to the grant or continuation of such nonexclusive franchise.

(Ord. 6718 § 2 (part), 1997)