In addition to any other remedies available at law or equity, the City may apply any one (1) or a combination of the following remedies in the event a franchisee violates this Chapter, its franchise agreement, or applicable law:
(A) 
Revocation/Shortened Term. Revoke the franchise or shorten the term thereof pursuant to the procedures specified in this Chapter.
(B) 
Penalties. Impose any penalties or remedies available under Article 13 and under any other applicable state or local laws for violation of City ordinances.
(C) 
Other Relief. In addition to or instead of any other remedy, seek legal or equitable relief from any court of competent jurisdiction.
(D) 
Franchise Agreement Remedies. Apply any remedy provided for in a franchise agreement, in-cluding liquidated damages and/or enforcement provisions, if any.
(A) 
Material Breach. A franchise may be revoked or shortened by the City Council for the franchisee’s failure to construct, operate or maintain the cable system as required by this Chapter or the franchise agreement, or for any other material violation of this Chapter or material breach of the franchise agreement. If within thirty (30) calendar days following written notice from the City to the franchisee that it is in material violation of this Chapter or in material breach of the franchise agreement, the franchisee has not, to the City’s satisfaction, taken corrective action or corrective action is not being actively and expeditiously pursued, the City may give written notice to the franchisee of its intent to consider revocation or shortening of the franchise, stating its reasons.
(B) 
Public Hearing. Prior to revoking or shortening a franchise, the City Council shall hold a public hearing, upon at least thirty (30) calendar days notice, at which time the franchisee and the public shall be given an opportunity to be heard. Following the public hearing the City Council may determine whether to revoke or shorten the franchise based on the evidence presented at the hearing, and other evidence of record. If the City Council determines to revoke or shorten a franchise, it shall issue a written decision setting forth the reasons for its decision. A copy of such decision shall be transmitted to the franchisee.
(C) 
Bankruptcy, Receivership, Etc. Any franchise may, at the option of the City following a public hearing before the City Council, be revoked or shortened one hundred twenty (120) calendar days after an assignment for the benefit of creditors or the appointment of a receiver or trustee to take over the business of the franchisee, whether in a receivership, reorganization, bankruptcy assignment for the benefit of creditors, or other action or proceeding, unless within that one hundred twenty (120) day period:
(1) 
Such assignment, receivership or trusteeship has been vacated; or
(2) 
Such assignee, receiver or trustee has fully complied with the terms and conditions of this Chapter and the franchise agreement and has executed an agreement, approved by a court having jurisdiction, assuming and agreeing to be bound by the terms and conditions of this Chapter and the franchise agreement.
In the event of foreclosure or other judicial sale of any of the facilities, equipment or property of a franchisee, the City may revoke or shorten the franchise, following a public hearing before the City Council, by serving notice upon the franchisee and the successful bidder at the sale, in which event the franchise and all rights and privileges of the franchise will be revoked and will terminate thirty (30) calendar days after serving such notice, unless:
(A) 
Transfer Approval. The City has approved the transfer of the franchise to the successful bidder; and
(B) 
Bidder Covenants. The successful bidder has covenanted and agreed with the City to assume and be bound by the terms and conditions of the franchise agreement and this Chapter.
If the City revokes a franchise, or if for any other reason a franchisee abandons, or fails to operate or maintain service to its subscribers, the following procedures and rights are effective:
(A) 
Equipment and Removal. The City may require the former franchisee to remove its facilities and equipment at the former franchisee’s expense. If the former franchisee fails to do so within a reasonable period of time, the City may have the removal done at the former franchisee’s and/or surety’s expense;
(B) 
Acquisition or Transfer. The City, by resolution of the City Council, may acquire ownership or effect a transfer of the cable system at an equitable price;
(C) 
Abandonment. If a cable system is abandoned by a franchisee, the City may sell, assign or transfer at an equitable price all or part of the assets of the cable system; or
(D) 
Continuity of Service. The provisions herein shall be subject to and be interpreted so that they are consistent with any provisions in a franchise agreement designed to ensure continuity of service in the event a franchise is revoked or terminated, or the cable system is abandoned.
(A) 
Automatic Forfeiture. Where the City has issued a franchise specifically conditioned in the franchise agreement upon the completion of construction, system upgrade or other specific obligations by a specified date, failure of the franchisee to complete such construction or upgrade, or to comply with such other specific obligations as required will result in the automatic forfeiture of the franchise without further action by the City where it is so provided in the franchise Agreement, unless the City, at its discretion and for good cause demonstrated by the franchisee, grants an extension of time.
(B) 
Public Hearing. No adverse action against a franchisee may be taken by the City pursuant to subsection (A) of this Section except after a noticed public hearing at which the franchisee is given an opportunity to participate.
All remedies under this Chapter and the franchise agreement are cumulative unless otherwise expressly stated. The exercise of one remedy shall not foreclose use of another, nor shall the exercise of a remedy or the payment of liquidated damages or penalties relieve a franchisee of its obligations to comply with its franchise. Remedies may be used singly or in combination; in addition, the City may exercise any rights it has at law or equity. Nothing herein shall be read to authorize the double-recovery of damages.
Recovery by the City of any amounts under insurance, the performance bond, the security fund or letter of credit, or otherwise, does not limit a franchisee’s duty to indemnify the City in any way; nor shall such recovery relieve a franchisee of its obligations under a franchise, limit the amounts owed to the City, or in any respect prevent the City from exercising any other right or remedy it may have. Nothing herein shall be read to authorize the double-recovery of damages.
For violation of provisions of this Chapter or a franchise granted pursuant to this Chapter, penalties shall be chargeable as follows:
(A) 
For failure to submit plans indicating expected dates of installation of various parts of the cable system: four hundred dollars ($400.00) per day for each violation for each day the violation continues;
(B) 
For failure to commence operations in accordance with the requirements of the franchise: one thousand dollars ($1,000) per day for each violation for each day the violation continues;
(C) 
For failure to substantially complete construction in accordance with the franchise: two thousand dollars ($2,000) per day for each violation for each day the violation continues;
(D) 
For transferring the franchise without approval: two thousand dollars ($2,000) per day for each violation for each day the violation continues;
(E) 
For failure to comply with requirements for public, educational, and governmental use of the cable system: one thousand dollars ($1,000) per day for each violation for each day the violation continues;
(F) 
For failure to supply data required by the City in connection with installation, construction, subscribers, finances, financial reports or rate review: two hundred dollars ($200.00) per day for each violation for each day the violation continues;
(G) 
For violation of customer service standards: two hundred dollars ($200.00) per violation; and
(H) 
For all other violations: two hundred dollars ($200.00) per day for each violation for each day the violation continues.