Section 9. Termination and forfeiture of Franchise.
In case of failure on the part of the Company, its successors, and assigns to comply with any of the provisions of this Ordinance, or if the Company, its successors, and assigns should do or cause to be done any act or thing prohibited by or in violation of the terms of this Ordinance, the Company, its successors, and assigns shall forfeit all rights and privileges granted by this Ordinance and all rights hereunder shall cease, terminate and become and null and void, provided that said forfeiture shall not take effect until the City serves a written notice upon the manager of the Company, at its principal office in the City, setting forth in detail in such notice, the neglect or failure complained of, and the Company shall have thirty (30) days thereafter in which to comply with the conditions of this Franchise.
If at the end of such thirty (30) day period the City deems that the conditions of this Franchise have not been complied with by the Company, the City may cancel this Franchise in accordance with the following procedure:
(1) Before the City terminates the franchise, it shall first serve a written notice upon Company setting forth in such notice the neglect or failure alleged to have occurred.
(2) Company shall have ninety (90) calendar days in which to comply with the conditions of the franchise.
(3) If within ninety (90) calendar days after receipt of the notice, Company has not instituted an action in a court of competent jurisdiction to determine whether Company has violated the terms of this franchise, such franchise shall be terminated at the end of the ninety (90) calendar day period.
(4) If within ninety (90) calendar days, Company does institute an action in a court of competent jurisdiction to determine whether Company has violated the terms of this franchise and that the franchise is subject to termination by reason of a violation of the terms, then, in such event, the franchise will terminate thirty (30) calendar days after the final judgment is rendered.
Nothing herein shall serve to bar either party from pursuing any legal or equitable remedy available in a court of competent jurisdiction. (Ord. 19856 § 9, 10-1-13.)