(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 or of any supplemental written agreement entered into by and between the county and the grantee; or in some material respect of any terms or conditions of any franchise or permit issued hereunder;
(2) Grantee has made a material, false statement in the application for the franchise, knowing it to be false;
(3) Grantee, contrary to the best interest of public convenience and welfare, is not providing subscribers with regular, adequate and proper service; consistent with the terms of any franchise granted hereunder;
(4) Grantee becomes insolvent, enters into receivership or liquidation, files for bankruptcy or for composition of creditors, is unable or unwilling to pay his or her debts as they mature or is in financial difficulty of sufficient consequence so as to jeopardize the continued operation of the cable telecommunications system unless the grantee is in due process of contesting the debts; or
(5) Grantee violates any FCC order or ruling or the order or ruling of any other governmental body having jurisdiction over the grantee unless the grantee is lawfully contesting the legality of applicability of the order.
(B) In the event that the county shall decide to terminate for cause a franchise granted hereunder, it shall give the grantee 60 days' written notice of its intention to terminate and stipulate the cause. If during the 60-day 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 County 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) In the event that operation of the cable telecommunications system is discontinued for any reason for a continuous period of 30 days or the franchise held by a grantee to construct, operate or maintain a cable telecommunications system is terminated by the County Board, pursuant to the terms of this chapter, and all negotiations to settle the differences between the parties have failed (provided, however, that the negotiations shall not be required), the County Board may advertise and seek another to operate the system. If a franchise is granted to another person, the terminated franchisee may be required to sell the cable telecommunications system to the new franchisee at a price to be determined by three competent, independent appraisers, one each appointed by the terminated franchisee, the new franchisee, and the County Board. The appraisers to be 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 franchisee and the new franchisee. The terminated franchisee shall execute the deeds, bills of sale and other documents as may be necessary to effectuate this sale. The terminated franchisee shall fully cooperate with these appraisers.
(D) In the even of the early termination of the franchise as herein provided, the county shall have the option to purchase the cable business for the fair market value of the capital improvements. The county may also require the grantee to sell any capital improvements as provided in this section to any successor grantee as set forth in division (C) above. In any event, the county may require the grantee to continue to provide service for a reasonable period not to exceed six months in order to assure uninterrupted service to subscribers.
(E) The county shall give to franchisee notice of its intent to exercise the option to purchase at least 180 days prior to the expiration of the term of this franchise and/or the renewals thereof as are authorized. If the franchise is terminated or expires, notice of intent to exercise the option to purchase shall be contained in the notice of intention to terminate.
(F) Should the grantee's franchise be terminated or expire, and not purchased as above provided, and at times as the successor is ready to provide service, but no later than six months from termination or expiration, the grantee shall begin removal of all property owned by it, and placed on a public or private right-of-way unless permitted by the county to abandon the property in place. In so removing the plants, structures and equipment, the grantee shall refill, at its own expense, any excavation made by it and shall leave the public and private places in as good condition as that prevailing prior to the company's installation of its equipment and appliances without affecting, altering or disturbing in any way the electric distribution or telephone cable, wire or attachments or any poles. The County Board or other officer or his or her appointee, shall inspect and approve the condition of the public ways and public places and cables, wire attachments and poles after removal. Liability insurance and indemnity provided for herein shall continue in full force and effect during the entire period of removal.
(G) In the event of any such removal, the grantee shall restore the public right-of-way to a condition satisfactory to the county. Upon abandonment, which shall only be done as the county directs, the grantee shall transfer ownership of all the abandoned property to the county and submit to the county an instrument in writing, subject to the approval of the County Attorney, effecting the transfer.
(H) If the county or the state is forced to remove the system, the work shall be done at the expense of the terminated grantee.
(Ord. passed 3-25-1996)