§ 110.07 TERMINATION OF FRANCHISE.
   (A)   The county reserves the right to terminate, at any time, any franchise granted hereunder and rescind all rights and privileges associated therewith in the event that:
      (1)   Grantee has not complied in some material respect with any provision of this chapter, the franchise agreement, or of any supplemental written agreement entered into by and between the county and the grantee, or
      (2)   Grantee has made a false statement in the application for the franchise, knowing it to be false, or grantee attempts to or does practice any fraud or deceit in its conduct or relations under the franchise with the county, or
      (3)   Grantee is not providing subscribers with adequate service consistent with the terms of any franchise granted hereunder, or
      (4)   Grantee becomes insolvent, enters into receivership or liquidation, files for bankruptcy or for composition or creditors, is unable to pay his debts as they mature, unless the grantee is in due process of contesting such debts, or
      (5)   Grantee fails to comply with any final federal or state judgement arising directly from the exercise of grantee's rights under this franchise, or
      (6)   Grantee fails to provide or maintain in full force the insurance policies required by this chapter, or
      (7)   Grantee assigns, sells or transfers its title or interest in its franchise without the consent of the Board, or
      (8)   Grantee is convicted of producing, originating, amplifying, transmitting or distributing over its cable television system any matter which is obscene, in violation of federal or state law. Unless otherwise defined by the applicable federal or state law, for the purposes of this chapter, obscene matter shall mean a visual or verbal depiction, display, representation, dissemination or description of any programming:
         (a)   Which the average person, applying contemporary community standards in the county would find, when considered as a whole, appeals to the prurient interest; and
         (b)   Which depicts patently offensive representations of ultimate sexual acts, normal or perverted, actual or simulated, masturbation, excretory functions, or exhibition of the genitals or genital area, masochism or sadism, sexual acts with a child or animal, and which when considered as a whole, and in the context in which it is used, lacks serious literary, artistic, political, educational or scientific value.
   (B)   In the event the county shall decide to terminate for cause a franchise granted hereunder, it shall give the grantee a minimum of 60 days written notice of its intention to terminate and stipulate the cause. If during said period, the cause shall be cured to the satisfaction of the county, the county shall declare the notice to be null and void. In any event, before a franchise may be terminated, the grantee must be provided with an opportunity to be heard before the Board in accordance with due process procedures. If a grantee's franchise is terminated, the decision shall be subject to judicial review as provided by law.
   (C)   A grantee shall not be declared in default or be subject to any sanction under any provision of this chapter in any case where the action justifying such sanction is without the grantee's knowledge or authorization or outside its control.
   (D)   In the event that the franchise held by a grantee to construct, operate, or maintain a cable television system expires or is lawfully terminated by the Board, pursuant to this chapter, the Board may advertise and seek another grantee to operate the system. If the franchise is granted to another person, the terminated grantee may sell the entire cable television system to the new grantee at a price to be determined by three competent, independent appraisers, one each appointed by the terminated grantee, the new grantee, and the Board. The appraisers so appointed shall use the then-best methods of appraising to determine this value. The cost of the appraisers shall be shared equally by the terminated grantee and the new grantee. The terminated grantee shall execute such deeds, bills of sale and other documents as may be necessary to effectuate this sale. The terminated grantee shall fully cooperate with these appraisers.
(Ord. passed 2-5-90)