180-185.21 REMEDIES
A.
The sole remedy for any violation of this Franchise shall be limited to
the
following. Upon the occurrence of any uncured default in the
obligations of the
Franchise, Town shall have the right:
1. To
compel the Franchisee by mandamus or injunction to
cure and correct any violation or default of the terms and obligations
of the
Franchise;
2. To
suspend or revoke the Franchise. Upon such revocation,
the Franchise shall be automatically deemed null and void and have no
force or
effect, and Franchisee shall remove its equipment from Town as and when
requested by Town.
B.
In the event that the Town believes that grounds for suspension or
revocation
exist or have existed the Town may notify the Franchisee in writing set
forth
the nature and facts of such non-compliance. If within thirty (30) days
following such written notification that the Franchisee has not
furnished
reasonably satisfactory evidence that corrective action has been taken
or is
being actively and expeditiously pursued, or that the alleged
violations did
not occur, or that the alleged violations were beyond the Franchisee's
control,
the Town shall publish a notice setting forth the time, place, and
general
purpose of a public hearing to consider suspension or revocation of the
Franchise notice of such hearing at least ten (10) days prior to such
public
hearing. The Franchisee and any interested person shall be entitled to
be heard
at such hearing. Upon a finding by the Town Council of uncorrected
defaults in
the terms and obligations under this Franchise, the Council shall have
the
option to suspend or revoke the Franchise.