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• 3) Notwithstanding the availability of the foregoing remedies the City Council may enforce any provision of this franchise by seeking specific performance thereof or damages in a civil action in the Circuit Court of the City of Charlottesville. Section 5-6. Renewal of Franchise. A. This Franchise may be renewed by City Council at the Company's request if it is determined in a renewal proceeding that: (1) The Company has substantially complied with the material terms of the existing Franchise and with applicable law; (2) The quality of the Company's service, including signal quality, response to consumer complaints, and billing practices, but without regard to the mix, quality, or level of cable services or other services provided over the system has been reasonable in light of community needs; (3) The Company has the financial, legal, and technical ability to provide the services, facilities, and equipment set forth in the Company's proposal; and (4) The Company's proposal is reasonable to meet the future • cable -related community needs and interests, taking into account the cost of meeting such needs and interests. The City may not declare Company's proposal unreasonable and deny renewal, nor may community needs be established, on the basis of facilities, equipment, or services which another party has indicated it is willing to provide. B. In any renewal proceeding, the Company shall be afforded adequate notice and the Company and the City, or its designee, shall be afforded fair opportunity for full participation, including the right to introduce evidence to require the production of evidence, and to question witnesses. A transcript shall be made of any such proceeding. C. A proceeding under this section shall be completed within twelve (12) months of its commencement, within which time the City shall issue a written decision granting or denying the proposal for renewal based upon the record of such proceeding, and transmit a copy of such decision to the Company. Such decision shall state the reasons therefor. D. Any denial of a proposal for renewal shall be based on one or more adverse findings made with respect to the factors described in subsection A, pursuant to the record of the proceeding under subsection A. City may not base a denial of renewal on a failure to substantially comply with the material • terms of the Franchise under subsection A, or on events considered under subsection A unless City has provided Company notice and the opportunity to cure, or in any case in which City has waived its -24-