§ 26.04. Revocation.  


Latest version.
  • When it shall appear that the beneficiary of any franchise, or any person claiming to have a franchise, has violated a material term thereof, or has neglected or refused to obey a valid ordinance or regulation, or, if in the public service business, has repeatedly overcharged its customers, or has failed or refused, without reasonable cause, to furnish adequate service to all who are willing to pay therefor and conform to reasonable regulations, the City Council may inform such person thereof and give a reasonable notice of the time and place of a hearing on the matter, at which it shall hear evidence to sustain and refute the charge, and if such charges are sustained, may revoke the franchise. The City Council may, however, find such charges to be sustained, but may suspend revocation pending remedy of the default, and during a continuance of obedience to the duties imposed upon such person by law and ordinance. If an order of revocation is made, it may be made effective at a future time, so as to avoid injury and inconvenience to the public, during which such person shall be under obligation to continue to furnish public service, if any is required by the franchise. In any event, upon revocation, the person having or claiming the franchise shall be granted a reasonable time in which to close his business and remove his property from the streets or alleys or City property; and he shall be required to repair and restore the streets, alleys or City property to their condition before such removal.

(Code 1948, § 40.05)