Ordinance 3077-08 - Laserfiche WebLink

specific nature of the noncompliance. The Franchisee shall have ninety (90) days from receipt of such notice to object in writing and to state its reasons for such objection. In the event the City has not received a satisfactory response from Franchisee, it may then seek termination of the Franchise at a second public hearing. The City shall cause to be served upon the Franchisee, at least thirty(30)business days prior to such public hearing, a written notice specifying the time and place of such hearing and stating its intent to revoke the Franchise. 13.7.1 At the designated hearing, Franchisee shall be provided a fair opportunity for full participation, including the right to be represented by legal counsel, to introduce relevant evidence, to require the production of evidence, to compel the relevant testimony of the officials, agents, employees or consultants of the City, to compel the testimony of other persons as permitted by law, and to question and/or cross examine witnesses. A complete verbatim record and transcript shall be made of such hearing. 13.7.2 Following the public hearing, Franchisee shall be provided up to thirty (30) days to submit its proposed findings and conclusions in writing and thereafter the City shall determine (i) whether an event of default has occurred; (ii) whether such event of default is excusable; and (iii) whether such event of default has been cured or will be cured by the Franchisee. The City shall also determine whether to revoke the Franchise based on the information presented, or, where applicable, grant additional time to the Franchisee to affect any cure. If the City determines that the Franchise shall be revoked, the City shall promptly provide Franchisee with a written decision setting forth its reasoning. Franchisee may appeal such determination of the City to an appropriate court, which shall have the power to review the decision of the City de novo. Franchisee shall be entitled to such relief as the court finds appropriate. Such appeal must be taken within sixty(60) days of Franchisee's receipt of the determination of the franchising authority. 13.7.3 The City may, at its sole discretion, take any lawful action which it deems appropriate to enforce the City's rights under the Franchise in lieu of revocation of the Franchise. 13.8 Franchisee Termination: Franchisee shall have the right to terminate this Franchise and all obligations hereunder within ninety(90) days after the end of three (3) years from the Service Date of this Franchise, if at the end of such three(3) year period Franchisee does not then in good faith believe it has achieved a commercially reasonable level of Subscriber penetration on its Cable System. Franchisee may consider subscriber penetration levels outside the Franchise Area in this determination. Notice to terminate under this Section 13.8 shall be given to the City in writing, with such termination to take effect no sooner than one hundred and twenty(120) days after giving such notice. Franchisee shall also be required to give its then current Subscribers not less than ninety(90) days prior written notice of its intent to cease Cable Service operations. 14. MISCELLANEOUS PROVISIONS 14.1 Franchise Grant: In addition to the Annual PEG Grant, in lieu of providing free Cable Service to public buildings served by other Cable Operators and other items, Franchisee shall pay City a Franchise Grant of Thirty Eight Thousand Two Hundred Dollars ($38,200) (the "Franchise Grant"). The Franchise Grant shall be payable within sixty(60) days of the Service EVERETT 20 Seattle-3388207.8 0010932-00119