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<br /> -6- <br /> the franchise and rights granted hereby and the operations and <br /> activities performed by Grantee pursuant hereto, shall be subject <br /> to all valid ordinances and regulations of the City insofar as <br /> such ordinances and regulations (a) do not shorten the term hereof <br /> or terminate, abrogate, or materially and adversely affect the <br /> franchise and rights granted to Grantee hereby or (b) do not <br /> conflict with or are not inconsistent with the terms and <br /> provisions contained in this ordinance. Any such conflicting or <br /> inconsistent ordinances are hereby repealed to the extent of such <br /> conflict or inconsistency. <br /> SECTION 14. ASSIGNMENT OF FRANCHISE: CONTROL OF GRANTEE. <br /> <br /> 14.1. This franchise shall not be assigned or transferred, <br /> either in whole or in part, without the prior written consent of <br /> the City Council. The proposed assignee must show technical <br /> ability, financial capability, legal qualifications and general <br /> character qualifications, as reasonably determined by City and <br /> must agree to comply with all provisions of the franchise which <br /> shall be binding on all successors and assigns. City shall be <br /> deemed to have consented to a proposed transfer or assignment in <br /> the event its refusal to consent is not communicated in writing to <br /> Grantee within ninety (90) days following receipt of written <br /> notice of the proposed transfer or assignment. Such consent shall <br /> not be unreasonably withheld. <br /> SECTION 15. NONEXCLUSIVE FRANCHISE. <br /> <br /> Nothing herein contained shall ever be held or considered as <br /> conferring upon Grantee and its successors and assigns any <br /> exclusive rights or privileges of any nature whatsoever. <br /> SECTION 16. TERM OF FRANCHISE. <br /> This franchise shall take effect and continue and remain in <br /> effect for a period of fifteen (15) years from and after the date <br /> which is thirty (30) days after the date of final passage of this <br /> Ordinance, provided Grantee files a written acceptance of this <br /> franchise with Grantor within thirty (30) days after final passage <br /> of this Ordinance. <br /> SECTION l7. FORFEITURE OF FRANCHISE. <br /> Nothwithstanding any other provisions of this ordinance, the <br /> City Council shall have the option to forfeit, cancel, or <br /> terminate this franchise for failure of Grantee to comply with any <br /> terms, conditions, or provisions of this franchise, or if Grantee <br /> fails to comply with any provisions of any ordinances of the City <br /> regulating the use by Grantee of the public property in accordance <br /> with the following procedures: <br /> a. If Grantee fails to comply with the terms and provisions <br /> of this franchise or of any applicable City ordinance <br /> for a period of thirty (30) days after Grantee has been <br /> notified in writing by the City to remedy such failure <br /> to comply, then Grantee shall be in default of this <br /> franchise; provided, however, that if Grantee commences <br /> work or other efforts to cure the failure to comply <br /> within thirty (30) days after receipt of written notice, <br /> and thereafter prosecutes such curative work with <br /> reasonable diligence until it is completed, then the <br /> violations shall cease to exist, and the franchise will <br /> not be forfeited. <br /> b. Forfeiture shall be declared in the event of a default <br /> by Grantee only by a written decision of the City <br /> Council. The City shall provide Grantee at least <br /> fifteen (l5) days prior written notice of any public <br /> hearing concerning the forfeiture of the franchise. <br /> c. The City Council may in its discretion forfeit the <br /> franchise, or upon finding a violation or failure to <br /> comply, impose a lesser penalty than forfeiture of this <br /> franchise, including a penalty of up to $1,000 per day <br />