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<br /> <br /> <br /> <br /> <br /> <br /> l. If PCI further continues to violate or fail to comply <br /> <br /> with the terms and provisions of this franchise or the terms <br /> and conditions of any applicable CITY ordinance for a period <br /> <br /> of thirty (30) days after PCI shall have been notified in <br /> <br /> writing by the CITY to cease and desist from such violation <br /> or failure to comply as specified, then PCI shall be deemed <br /> <br /> to have forfeited and annulled and shall thereby forfeit and <br /> <br /> annual all rights and privileges granted by this franchise; <br /> <br /> provided, however, that if PCI is in violation of any <br /> provision of this ordinance other than the payment of money <br /> <br /> and if PCI commences work or other efforts to cure such <br /> <br /> violations within thirty (30) days after receipt of written <br /> notice and shall thereafter prosecute such curative work <br /> <br /> with reasonable diligence until such curative work is <br /> <br /> completed, then such violations shall cease to exist, and <br /> the franchise will not be forfeited. <br /> <br /> 2. Provided that such forfeiture shall be declared only by <br /> <br /> a written decision of the governing body after an <br /> <br /> appropriate public proceeding before the governing body <br /> according to PCI due process and full opportunity to be <br /> <br /> heard and to respond to any such notice of violation or <br /> <br /> failure to comply. All due process requirements shall be <br /> met by providing PCI at least prior written notice of any <br /> <br /> public hearing concerning the forfeiture of the franchise <br /> <br /> and, in addition, fifteen (15) days notice by publication <br /> <br /> shall be given of the date, time and place of any public <br /> hearing to interested members of the public, which notice <br /> <br /> shall be paid for by PCI. <br /> <br /> 3. The governing body, after full public hearing, may in <br /> its discretion forfeit the franchise, or upon finding a <br /> <br /> violation or failure to comply, impose a lesser penalty than <br /> <br /> forfeiture of this franchise, including but not limited to a <br /> <br /> penalty of $1,000 per day per violation, or excuse the <br /> violation or failure to comply upon a showing by the company <br /> <br /> of mitigating circumstances or upon a showing of good cause <br /> <br /> <br /> <br /> -11- <br />