Duarte Municipal Code Art. XV Enforcement Mechanism

Except as provided in the franchise agreement, prior to formal consideration by grantor of termination of grantee's franchise because of wilful or negligent failure to correct a default attributed to grantee, grantor shall make written demand on grantee to correct the default alleged. Grantor and grantee shall expeditiously met to discuss the alleged problem, at which time grantee shall indicate, in writing, the amount of time necessary to resolve the alleged problem. During this time period, but in no event fewer than ten days before the final date for correction, grantee may request additional time to correct the problem and grantor shall grant said request if it determines, in the exercise of its discretion, that such time is necessary due to delays beyond grantee's control. If the default continues for a period of thirty days following such deadline for corrections, plus any extension thereof, franchise termination may be placed on the next available regular grantor's meeting agenda or either party may request binding arbitration. The grantee shall be served a written notice of such termination at least ten days in advance giving the time and place of the grantor's meeting. At its meeting, grantor shall hear grantee and any person interested in the matter and shall determine, at that or subsequent meetings, an appropriate course of action for enforcement or termination of grantee's franchise.

(Ord. 646 § 15.1, 1988)

Such liquidated damages as grantor may assess against grantee which do not include loss of franchise may, at grantor's option, be determined by an officer or agency of the grantor to which it may delegate such administrative considerations and decisions subject to the criteria contained in this chapter and the franchise agreement subject to appeal to the city council.

(Ord. 646 § 15.2, 1988)