Ordinance 3077-08 - Laserfiche WebLink

12.2 In addition to the procedures set forth in said Section 626 of the Communications Act, the City shall notify Franchisee of all of its assessments regarding the identity of future cable-related community needs and interests, as well as the past performance of Franchisee under the then current Franchise term. The City further agrees that such assessments shall be provided to Franchisee promptly so that Franchisee has adequate time to submit a proposal under 47 U.S.0 546 and complete renewal of the Franchise prior to expiration of its term. 12.3 Notwithstanding anything to the contrary set forth herein, Franchisee and the City agree that at any time during the term of the then current Franchise, while affording the public appropriate notice and opportunity to comment, the City and Franchisee may agree to undertake and finalize informal negotiations regarding renewal of the then current Franchise and the City may grant a renewal thereof. 12.4 Franchisee and the City consider the terms set forth in this Article 12 to be consistent with the express provisions of 47 U.S.C. 546. 13. ENFORCEMENT AND TERMINATION OF FRANCHISE 13.1 Notice of Violation: If at any time the City believes that Franchisee has not complied with the terms of the Franchise, the City shall informally discuss the matter with Franchisee. If these discussions do not lead to resolution of the problem in a reasonable time, the City shall then notify Franchisee in writing of the exact nature of the alleged noncompliance in a reasonable time (for purposes of this Article, the"Noncompliance Notice"). 13.2 Franchisee's Right to Cure or Respond: Franchisee shall have thirty(30) days from receipt of the Noncompliance Notice to: (i) respond to the City, if Franchisee contests (in whole or in part)the assertion of noncompliance; (ii) cure such noncompliance; or(iii) in the event that, by its nature, such noncompliance cannot be cured within such thirty(30) day period, initiate reasonable steps to remedy such noncompliance and notify the City of the steps being taken and the date by which cure is projected to be completed. Upon cure of any noncompliance, City shall provide written confirmation that such cure has been effected. 13.3 Public Hearing. The City shall schedule a public hearing if the City seeks to continue its investigation into the alleged noncompliance in the event that: (1) Franchisee fails to respond to the Noncompliance Notice pursuant to the procedures required by this Article, or(2) Franchisee has not remedied the alleged noncompliance within thirty (30) days or the date projected pursuant to Section 13.2(iii) above. The City shall provide Franchisee at least thirty (30) business days prior written notice of such public hearing, which will specify the time, place and purpose of such public hearing, and provide Franchisee the opportunity to be heard. 13.4 Enforcement: Subject to applicable federal and state law, in the event the City, after the public hearing set forth in Section 13.3, determines that Franchisee is in default of any provision of this Franchise, the City may: 13.4.1 Seek specific performance of any provision, which reasonably lends itself to such remedy, as an alternative to damages; or EVERETT 18 Seattle-3388207.8 0010932-00119