Cable Television Franchise Agreement Page 11
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149.2.
Grantee’s Right to Cure or Respond. The Grantee shall have thirty (30) days
from the receipt of the City/County/Village’s written notice: (A) to respond to the
City/County/Village, contesting the assertion of noncompliance or default; or (B) to cure such
default; or (C) in the event that, by nature of the default, such default cannot be cured within the
thirty (30) day period, initiate reasonable steps to remedy such default and notify the
City/County/Village of the steps being taken and the projected date that the cure will be
completed.
9.3.
Enforcement. Subject to applicable federal and state law, and following notice
and an opportunity to cure and respond pursuant to the provisions of Section 9.2 above, in the
event the City/County/Village determines that the Grantee is in default of any material provision
of the Franchise, the City/County/Village may:
9.3.1. seek specific performance of any provision that reasonably lends itself to
such remedy or seek other relief available at law, including declaratory or injunctive relief; or
9.3.2. in the case of a substantial or frequent default of a material provision of
the Franchise, declare the Franchise Agreement to be revoked in accordance with the following:
(i)
The City/County/Village shall give written notice to the Grantee of
its intent to revoke the Franchise on the basis of a pattern of noncompliance by the Grantee. The
notice shall set forth with specificity the exact nature of the noncompliance. The Grantee shall
have ninety (90) days from the receipt of such notice to object in writing and to state its reasons
for such objection. In the event the City/County/Village has not received a response from the
Grantee or upon receipt of the response does not agree with the Grantee’s proposed remedy or in
the event that the Grantee has not taken action to cure the default, it may then seek termination of
the Franchise at a public hearing. The City/County/Village shall cause to be served upon the
Grantee, at least ten (10) days prior to such public hearing, a written notice specifying the time
and place of such hearing and stating its intent to request termination of the Franchise.
(ii)
At the designated hearing, the City/County/Village shall give the
Grantee an opportunity to state its position on the matter, present evidence and question
witnesses, after which the City/County/Village shall determine whether or not the Franchise shall
be terminated. The public hearing shall be on the record. A copy of the transcript shall be made
available to the Grantee at its sole expense. The decision of the City/County/Village shall be in
writing and shall be delivered to the Grantee in a manner authorized by Section 10.2. The
Grantee may appeal such determination to any court with jurisdiction within thirty (30) days
after receipt of the City/County/Village’s decision.
9.4.
Remedies Not Exclusive. In addition to the remedies set forth in this Section 9,
the Grantee acknowledges the City/County/Village’s ability pursuant to Section 4.8 of this
Franchise Agreement to enforce the requirements and standards, and the penalties for non-
compliance with such standards, consistent with the Illinois Cable and Video Customer
Protection Law enacted by the City/County/Village as Title ___ /Chapter ___of the ________
Municipal Code; and, pursuant to Section 3.1 of this Franchise Agreement and Title ___/Chapter
_____ of the __________ Municipal Code, to enforce the Grantee’s compliance with the
City/County/Village’s requirements regarding “Construction of Utility Facilities in the Rights-
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