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corrective action has been taken or is being actively and . expeditiously pursued, the City Manager may place the issue before the City Council. The City Manager shall cause to be served upon the Company, at least twenty days prior to the date of such Council meeting, a written notice of his intent to request City Council to find the Company in default and the time and place of the meeting. Public notice shall be given of the meeting and issue which Council is to consider. B. Determination of Default. The City Council or its designee shall hear and consider the issue in a full public proceeding affording due process, and shall determine, based on the evidence, whether or not a default by the Company has occurred. Such determination shall be made in writing. C. Remedies. Upon a finding of default, City Council may elect one or more of the following remedies: 1) Commencing thirty days after the adoption of a resolution by City Council finding that the Company is in default, the City shall be entitled to a penalty payment from the Company of $100 for each day such default continues. Such penalty shall be chargeable to the letter of credit posted by the Company to insure compliance herewith. The right to assess this penalty shall be in addition to, and not in lieu of, the City's other rights under this franchise ordinance. • 2) If the default has not been remedied in thirty days after City Council's determination, the Council may elect to terminate the franchise for cause; provided that termination shall be available only in the following instances of default. (a) Violation by the Company of any material provision of the franchise or any material rule, order, regulation or determination of the FCC or other regulatory body having jurisdiction over the Company; (b) Attempt to evade any material provision of the franchise or practice any fraud or deceit upon the City or upon subscribers or customers; (c) Failure to provide new equipment or services promised as part of the consideration for the franchise; (d) Failure to restore service after seven consecutive days of interrupted service, except when approval of such interruption is obtained from the City; (e) Insolvency or bankruptcy of the Company; (f) Material misrepresentation of fact in the application for or negotiation of the franchise. • No 30 day period to remedy default shall be provided in the case of fraud, deceit or misrepresentation. -23-