(A) Any franchise granted by authority of this chapter may be revoked by the county on account of the grantee’s material breach of said franchise, as herein after provided. The county shall give written notice to the grantee that the grantee is in material breach, which notice shall specify the basis therefor. If within 90 days of the grantee’s receipt of such notice, such breach has not been corrected and the grantee is not actively pursuing the correction thereof, then the Fiscal Court may give written notice to the grantee of the county’s intent to consider revocation of the grantee’s franchise, stating the county’s reasons therefor.
(B) Before final action shall be taken, the Fiscal Court shall hold a hearing at which time the grantee shall be given an opportunity to present evidence and make argument. Following the hearing, the Fiscal Court shall determine whether or not to revoke said franchise based upon the evidence and arguments presented at the hearing. The Fiscal Court’s determination shall be reflected in a written opinion setting forth in detail the reasons for its decision.
(C) Any franchise may, at the option of the county, be revoked 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 the grantee, whether in a receivership, reorganization, bankruptcy assignment for the benefit of creditors, or other action or proceeding, unless within that 120-day period:
(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 the court having jurisdiction, assuming and agreeing to be bound by the terms and conditions of this franchise.
(D) In the event of foreclosure or other judicial sale of the facilities, equipment, and property of the grantee, the county may revoke a franchise by serving notice upon the grantee and the successful bidder at the sale, in which event this franchise shall be revoked 30 calendar days after service of such notice, unless:
(1) The county has approved the transfer of this franchise to the successful bidder; and
(2) The successful bidder has covenanted and agreed with the county to assume and be bound by the terms and conditions of this franchise.
(E) The Fiscal Court may, at its sole discretion, take any other lawful action which it deems appropriate to enforce the county’s rights under this chapter in lieu of revocation of a franchise.
(F) The grantee shall be entitled to the continuance of all of its rights under any franchise at all times during the pendency of any revocation proceeding or appeal thereof.
(Prior Code, § 64.010) (Ord. 89-15, passed 8-23-1989; Ord. 95-7, passed 4-19-1995; Ord. 95-6, passed 5-10-1995; Ord. 95-20, passed 12-13-1995; Ord. 2002-13, passed 6-12-2002)