Ordinance 3444-15 with Acceptance

City has not received a satisfactory response from Grantee, it may then seek a termination of the Franchise by the City Council in accordance with this subsection. C. Any proceeding to terminate this Franchise shall be conducted by the City Council and open to the public. Grantee shall be afforded at least forty-five (45) days prior written notice of such proceeding. D. At such proceeding, Grantee shall be provided a fair opportunity for full participation, including the right to be represented by legal counsel, to introduce evidence, and to question witnesses. A complete verbatim record and transcript shall be made of such proceeding and the cost shall be shared equally between the parties. The City Council shall hear any Persons interested in the termination, and shall allow Grantee, in particular, an opportunity to present its position on the matter. E. Within ninety (90) days after the hearing, the City Council shall determine whether to terminate the Franchise and declare that the Franchise is terminated and the irrevocable letter of credit or performance bond forfeited; or if the breach at issue is capable of being cured by Grantee, direct Grantee to take appropriate remedial action within the time and in the manner and on the terms and conditions that the City Council determines are reasonable under the circumstances. If the City Council determines that the Franchise should be terminated, the City Council shall set forth the reasons for such a decision and shall transmit a copy of the decision to the Grantee. Grantee shall be bound by the City Council's decision to terminate the Franchise unless it appeals the decision to a court of competent jurisdiction within thirty (30) days of the date of the decision. F. The City Council may at its sole discretion take any lawful action that it deems appropriate to enforce the City's rights under the Franchise in lieu of terminating this Franchise, including, but not limited to, declaratory judgments, injunctions and specific performance. 11.3 Procedures in the Event of Termination or Revocation. A. If this Franchise expires without renewal or is otherwise lawfully terminated or revoked, the City may order the removal of the above -ground Telecommunication Facilities and such underground Facilities from the City at Grantee's sole expense within a reasonable period of time as determined by the City. In removing its Facilities, plant, structures and equipment, Grantee shall backfill at its own expense any excavation made by it and shall restore all Rights -of -Way, public places and private property to the same condition as that prevailing prior to Grantee's removal of its equipment without affecting the electrical or telephone wires or attachments. The indemnification and insurance provisions and the irrevocable letter of credit or performance bond, as applicable, shall remain in full force and effect during the period of removal, and Grantee shall not be entitled to, and agrees not to request, compensation of any sort therefor. B. If Grantee fails to complete any removal required by this subsection to the City's satisfaction, after written notice to Grantee, the City may cause the work to be done and Grantee shall reimburse the City for reasonable actual costs incurred within thirty (30) days after receipt of an itemized list of the costs, or the City may recover the costs through the irrevocable letter of credit or performance bond, as applicable, provided by Grantee. 26 of 30