(A) In addition to all other rights and powers retained by the Town under this chapter or otherwise, the Town reserves the right to forfeit and terminate a franchise and all rights and privileges of a company thereunder in the event of a substantial breach of its terms and conditions. A substantial breach by the company shall include, but shall not be limited to, the following:
(1) Violation of any material provision of the franchise or any material violation of any rule, order, regulation or determination of the Town made pursuant to the franchise;
(2) Attempt to evade any material provision of the franchise or practice any fraud or deceit upon the Town or its subscribers;
(3) Failure to begin or complete system construction as provided under § 118.50 or in a company’s franchise;
(4) Failure to restore service after 96 consecutive hours of interrupted service, except when approval of such interruption is obtained from the Town; or
(5) Material misrepresentation of fact in a proposal for or negotiation of a franchise.
(B) The foregoing shall not constitute a major breach if the violation occurs but is without fault of a company or occurs as a result of a force majeure. A company shall not be excused by mere economic hardship nor by misfeasance or malfeasance of its directors, officers or employees.
(C) The Town may make a written demand that a company comply with any provision, rule, order or determination under or pursuant to this chapter. If the violation by a company continues for a period of 30 days following such written demand without written proof that the corrective action has been taken or is being actively and expeditiously pursued, the Town may set a public hearing to decide the issue of termination of its franchise. The Town shall cause to be served upon a company, at least 20 days prior to the date of such hearing, a written notice of intent to request such termination and establish the time and place of the hearing. Public notice as defined in § 118.33 shall be given of the hearing and the issue(s) which will be addressed at the hearing.
(D) The Town shall hear and consider the issue(s) and shall hear any person interested therein and shall determine in its discretion whether or not any violation by a company has occurred.
(E) If the Town shall determine that a violation by a company was the fault of such company and within its control, the Town may, by resolution by its Board of Mayor and Aldermen, declare that the franchise of such company shall be forfeited and terminated unless there is compliance within such period as the Board may fix. Such period shall not be less than 60 days, provided no opportunity for compliance need be granted for fraud or misrepresentation.
(F) The issue of forfeiture and termination shall be placed upon the agenda of the Board of Mayor and Aldermen of the Town at the expiration of the time set by it for compliance. The Town then may terminate the franchise forthwith upon finding that a company has failed to achieve compliance or may further extend the period in its discretion.
(`83 Code, § 13-538)