(a) In addition to all other rights and powers reserved by or pertaining to the Village, the Village reserves as an additional and as a separate and distinct remedy the right to revoke the franchise and all rights and privileges of the grantee hereunder, in any of the following events or for any of the following reasons:
(1) The grantee shall, by act or omission, violate any material term or condition of this chapter and shall, within thirty days following written demand by the Village to effect compliance, fail to do so;
(2) The grantee fails to begin or complete construction as provided under the franchise and the grantee's application as incorporated herein;
(3) Any provision of this chapter shall be finally adjudged by a court of law invalid or unenforceable, and the Council of the Village further finds that such provision constitutes at that time a consideration material to the continuance of the franchise herein granted;
(4) The grantee becomes insolvent, unable or unwilling to pay its debts, or is adjudged a bankrupt, and the conditions in Section 810.26 have not been met, or all or part of the grantee's facilities should be sold under an instrument to secure a debt and are not redeemed by the grantee within thirty days from said sale;
(5) The grantee fails to restore service following ninety-six consecutive hours of interrupted service, except when approval of such interruption is obtained from the Village;
(6) The grantee attempts to or does practice any fraud or deceit in its conduct or relations with the Village under the franchise;
(7) The grantee attempts to or does engage in the business of selling at retail, leasing, renting, repairing or servicing of television sets or radios;
(8) The grantee attempts to or does solicit or refer, or cause or permit the solicitation or referral of, any subscriber to persons engaged in any business prohibited to be engaged in by the grantee;
(9) The grantee attempts to or does provide information concerning the viewing patterns of identifiable individual subscribers to any person, group, or organization for any purpose, without the consent of the subscriber;
(10) The grantee attempts to or does enter or encroach upon or interfere with or obstruct any private property without the express consent of the owner; or
(11) The grantee attempts to or does provide any repair service to its subscribers for a fee, which repair extends beyond the connection of its service or the determination by the grantee of the quality of its signal to the recipients thereof.
(b) No such revocation shall be effective unless or until the Council of the Village shall have adopted an ordinance setting forth the cause and reason for the revocation and the effective date thereof, which ordinance shall not be adopted without thirty days' prior notice thereof to the grantee and an opportunity for the grantee to be heard upon the proposed adoption of said ordinance. In the event the revocation as proposed in said ordinance depends upon a finding of fact, such finding of fact as made by the Village Council, in writing, after the hearing provided for, if requested by the grantee, shall be conclusive.
(c) The grantee shall not be declared in default nor be subject to any sanction under any provision of this section in any case in which the performance of such provision is prevented for reasons beyond its control.
(Ord. 16-80. Passed 5-20-80.)