(A) Right to terminate; generally. The City may terminate this Franchise if Grantee commits a material breach of this Franchise and Grantee fails to cure such material breach within 30 days of notice from the Director describing the alleged material breach. The term "material breach" means any breach whose cumulative effect, results in damages to the City in excess of $300,000.
(B) Automatic termination. The City may terminate this Franchise upon notice and without providing Grantee an opportunity to cure where (1) Grantee voluntarily stops providing utility gas service within the Franchise Area; or (2) Grantee makes assignment of this Franchise without the prior consent of the City as required by § 13-4-8-8.
(C) Termination in the event of bankruptcy. This Franchise will terminate automatically by force of law 120 calendar days after an assignment for the benefit of creditors or the appointment of a receiver or trustee to take over the business of Grantee, whether in a receivership, reorganization, bankruptcy assignment for the benefit of creditors, or other action or proceeding. However, the Franchise may be reinstated within that 120 day period, if: (1) such assignment, receivership or trusteeship has been vacated; or (2) such assignee, receiver or trustee has fully complied with the terms and conditions of this Franchise, and has executed an agreement, approved by any court having jurisdiction, assuming and agreeing to be bound by the terms and conditions of this Franchise.
(D) Effect of termination or forfeiture. Upon termination or forfeiture of this Franchise, whether by action of the City as provided above, or by passage of time, the City may do one or a combination of the following:
(1) Grantee may be required to continue to provide service for a reasonable period to assure an orderly transition of service from the Grantee to another person;
(2) The City may require Grantee to remove all or a portion of its facilities and equipment at Grantee's expense, subject to any right Grantee may have to abandon property in place. If Grantee fails to remove its property within a reasonable period of time, the City may have the removal done at Grantee's expense.
(E) In addition to the rights under this Section, the City, upon any termination, may, at its sole discretion, direct the Grantee to remove, within 180 days of notice to Grantee and at the Grantee's sole cost and expense, any or all of the facilities from all Public Rights-of-Way within the City, subject to the following:
(1) The City may determine that removal of facilities is not necessary;
(2) In removing any part of the facilities, Grantee shall refill and compact, at its own expense, any excavation that shall be made by it and shall leave all Public Rights-of-Way in as good a condition as that prevailing prior to the Grantee's removal of the facilities;
(3) The City shall have the right to inspect and approve the conditions of Public Rights-of-way after removal has occurred;
(4) The removal shall commence within 30 days of Grantee's receipt from the City of notice to remove the facilities and terminate this Franchise pursuant to this § 13-4-8-17; and
(5) Grantee shall be responsible for all necessary removals of the facilities and maintenance of the street area in the same manner and degree as if the facilities were in active use, and Grantee shall retain all liability associated with such removals.
Nothing herein shall cause the City to incur any costs related to the removal of Grantee's facilities.
(F) Notwithstanding anything to the contrary in this § 13-4-8-17, any termination of this Franchise or removal of facilities shall be subject to, and consistent with, any federal or state law applicable to Grantee, or Grantee's operations or facilities, including any rule, regulation or order of any federal or state agency having jurisdiction over Grantee, its operations or facilities.
(Ord. 2-2003)