(A) In addition to all other rights and powers retained by the city under this chapter or otherwise, the city reserves the right to terminate any franchise and all rights and privileges of grantee, or asses damages or penalties against grantee, in the event of any material breach of its terms and conditions. A material breach by grantee shall include, but not be limited to the following:
(1) Violation of any material provision of this chapter, the franchise agreement or any material rule, order, regulation or directive issued in connection with the franchise;
(2) Evasion of any material provision of this chapter or the franchise agreement, or the practice of fraud or deceit upon the city, its subscribers or customers;
(3) Material misrepresentation of fact in an application for a new franchise, renewal or transfer of a franchise, whether by act or omission;
(4) Failure to pay any franchise fee when said payment is due;
(5) Failure to restore cable service after 96 consecutive hours of interrupted cable service, except in the event that the city approves in writing a longer period of interruption after making a determination that there exists just cause for such longer period of interruption;
(6) Failure to provide at least 80% of standard cable service over all or a substantial portion of the cable system for a period of five days;
(7) Failure to substantially meet customer service standards established in the franchise over a three month period of time;
(8) Failure to initiate or complete scheduled system construction or reconstruction within the time set forth in the franchise, unless the City Council expressly approves the delay by motion or resolution, due to the occurrence of conditions beyond grantee's control;
(9) Failure to provide or maintain in full force and effect any of the liability and indemnification coverage, letter of credit or bonds required by the franchise;
(10) Violation of orders or rulings of any regulatory body having jurisdiction over grantee relative to the franchise;
(11) Failure to provide, upon written request, data, documents, reports or information; and
(12) Failure to pay debts and obligations as they mature in accordance with normal business practices; assignment of grantee or its assets for the benefit of its creditors; dissolution, liquidation or ceasing to conduct business; application by grantee for (or consent to) the appointment of a receiver, trustee, liquidator; or the sale of all or substantially all of grantee's assets.
(Ord. 4315, passed 11-12-96)