Section 5.34.140 Termination of Franchise.

A. Termination by Operator. The operator may, at its option, terminate the franchise and surrender all rights and privileges associated with the franchise upon filing with the City a written notification of its intent to terminate the franchise and surrender all rights thereunder. Any such termination shall not become effective for a period of ninety (90) days from the date on which the operator flies notification with the City. During this ninety (90) day period, the operator may request that the City consider a withdrawal of any notification of termination filed under this section. If the City approves such a request, the franchise and the rights and responsibilities of the parties thereunder will continue unimpaired as if the notification of termination had never been flied.

B. Termination by City. A franchise may be terminated by the City for any material violation of the franchise but only after a hearing before the City Council. Prior to setting a termination hearing, the operator shall be given at least sixty (60) days notice by certified mail that the operator has violated a material provision of the franchise and that the City Council will consider setting a termination hearing. The notice shall include a description of the violation which is grounds for conducting a termination hearing.

In the event that the operator has not cured the matter which constitutes a material violation of the franchise within the sixty (60) day notice period, or has not commenced, in the opinion of the City, reasonable and diligent efforts to cure the matter, the City Council may set a public hearing to determine whether or not the franchise should be terminated.

The City shall provide thirty (30) days written notice to the operator of the date and time of the termination hearing. The hearing shall be a public proceeding affording due process. The City Council shall consider the evidence and determine whether or not the franchise should be terminated. The decision of the City Council shall be final and shalt exhaust any appeal through the City.

C. Ownership of Network. Upon termination of a franchise, the operator or its successors and assigns shall retain ownership of the network and shall be entitled at their option and expense to transfer or abandon the network. Any transfer of franchise and any transfer of ownership of the network shall meet the conditions of section 4, paragraph D and the Cable Act.