§ 4.40.350. Termination hearing

A franchise shall not be terminated until a hearing has been conducted upon the matter. Written notice of the time, date and place of the hearing shall be mailed to the operator not later than 30 calendar days in advance of the date of commencement of the hearing. The notice shall state the reasons for the hearing, describe the basis for termination, and identify the terms, conditions or requirements with respect to which the breach has occurred, if breach is the basis for termination.

The hearing may be conducted either by the city council or, at the sole discretion of the council, by a hearing officer appointed by the council to conduct the hearing. Any such hearing officer shall be an attorney licensed to practice under the laws of the state.

The cost of providing quarters for the hearing and compensation for the hearing officer, if any, and the per diem cost of any reporter retained to record the proceeding shall be borne by the city. The cost of preparing a transcript and record of the hearing shall be borne by the operator. All costs incurred by the parties for attorneys fees, expert witness fees and other expenses shall be borne solely by the party incurring the costs.

All witnesses testifying at the hearing shall be sworn. Witnesses shall be subject to direct and cross-examination. However, formal rules of evidence applicable to the trial of civil or criminal proceedings in the trial courts of this state shall not be applicable to the hearing.

If the hearing is conducted by a hearing officer, the officers shall, upon conclusion of the hearing, prepare a recommended decision which includes findings of fact and conclusions. The recommended decision shall be filed with the city clerk and mailed to the parties not later than 30 calendar days after conclusion of the hearing. Upon receipt of such a recommended decision, the city council may, without a hearing, except as otherwise required below either:

A.

Adopt the recommended decision, including findings of fact and conclusions submitted by the hearing officer;

B.

Adopt the findings of fact and conclusions contained in the recommended decision, modify the decisions, and adopt the recommended decision as so revised; or

C.

Based upon the record of the hearing, modify the findings of fact, conclusions or decision, and adopt the recommended decision as so revised; or

D.

Reject the recommended decision and conduct a new hearing.

If the hearing is conducted by the city council, upon conclusion of the hearing, the city council shall adopt a decision which includes findings of facts and conclusions.

If the decision by the city council is that there are grounds for termination of the franchise and that the franchise should be terminated, the council shall adopt a resolution which terminates the franchise. The effective date of termination shall be such date as is set forth in the resolution. Upon termination of the franchise, the city shall have the right to purchase the property associated with the cable television system for its fair market value as of the effective date of termination. No value shall be assigned to the franchise in determining the fair market value of the property. The right to purchase may be exercised by the city for its ownership and use or by any person to whom the city council may, in its sole discretion, assign the right. Should the city be unable or unwilling to purchase the system, the operator shall remove from the streets all portions of the system which are above ground.

(Ord. No. 286)