§ 5-1-810. Procedure for remedying franchise violations.

(a)

If the Town believes that the Grantee has failed to perform any obligation under this Franchise or has failed to perform in a timely manner, the Town shall notify the Grantee in writing, stating with reasonable specificity the nature of the alleged default, the Grantee shall have thirty (30) days from the receipt of such notice to:

(1)

Respond to the Town, contesting the Town's assertion that a default has occurred, and requesting a meeting in accordance with Subsection (b), below;

(2)

Cure the default; or

(3)

Notify the Town that the Grantee cannot cure the default within the thirty (30) days, because of the nature of the default. In the event the default cannot be cured within thirty (30) days, the Grantee shall promptly take all reasonable steps to cure the default and notify the Town in writing and in detail as to the exact steps that will be taken and the projected completion date. In such case, the Town may set a meeting in accordance with Subsection (b) below to determine whether additional time beyond the thirty (30) days specified above is indeed needed, and whether the Grantee's proposed completion schedule and steps are reasonable.

(b)

If the Grantee does not cure the alleged default within the cure period stated above or by the projected completion date under Paragraph (a)(3) above, or denies the default and requests a meeting in accordance with Paragraph (a)(1) above, or the Town orders a meeting in accordance with Paragraph (a)(3) above, the Town shall set a meeting to investigate said issues or the existence of the alleged default. The Town shall notify the Grantee of the meeting in writing, and such meeting shall take place no less than thirty (30) days after the Grantee's receipt of notice of the meeting. At the meeting, the Grantee shall be provided an opportunity to be heard and to present evidence in its defense.

(c)

If, after the meeting, the Town determines that a default exists, the Town shall order the Grantee to collect or remedy the default or breach within fifteen (15) days or within such other reasonable time frame as the Town shall determine. In the event the Grantee does not cure within such time to the Town's reasonable satisfaction, the Town may recommend any legal or equitable remedy available under this Franchise or applicable law:

(1)

Withdraw an amount from the letter of credit as monetary damages;

(2)

Recommend the revocation of this Franchise pursuant to the procedures in Section 5-1-815; or

(3)

Recommend any other legal or equitable remedy available under this Franchise or any applicable law.

(d)

The determination as to whether a violation of this Franchise has occurred shall be within the discretion of the Town, provided that any such final determination may be subject to appeal to a court of competent jurisdiction under applicable law. (Ord. 2-2002 §14.1)