A. Grounds for revocation. If the Grantee has been given due notice and a reasonable opportunity to cure, the Grantor reserves the right to revoke any franchise granted hereunder and rescind all rights and privileges associated with the franchise in the following circumstances, each of which shall represent a default under this Chapter and a material breach of the franchise:
1. If the Grantee shall default in the performance of any of its material obligations under this Chapter or under such documents, agreements and other terms and provisions entered into by and between the Grantor and the Grantee, subject to the provisions of § 11.30.915;
2. If the Grantee should fail to provide or maintain in full force and effect, the liability and indemnification coverages or the security fund or bonds as required herein;
3. If any court of competent jurisdiction, or any Federal or State regulatory body by rules, decisions or other action determines that any material provision of the franchise documents, including this Chapter, the Franchise Agreement and Grantee's proposal is invalid or unenforceable prior to the commencement of initial system construction;
4. If the Grantee ceases to provide all services for any reason within the control of the Grantee over the Cable Communications System;
5. If the Grantee willfully violates any of the material provisions of this Chapter or the Franchise Agreement or attempts to practice any fraud or deceit upon the Grantor.
6. If the Grantee becomes insolvent, or upon listing of an order for relief in favor of Grantee in a bankruptcy proceeding.
B. Procedure prior to revocation.
1. Upon a finding pursuant to Subsection 11.30.915 C. a violation has occurred, the Grantor may make written demand the Grantee comply with any such requirement, limitation, term, condition, rule or regulation or correct any action deemed cause for revocation. In the event the stated violation is not reasonably curable within ninety (90) days, the franchise shall not be terminated or revoked, or damages assessed, if the Grantee provides within these ninety (90) days a plan, satisfactory to the Grantor, to remedy the violation. If the failure, refusal or neglect of the Grantee continues for a period exceeding ninety (90) days following receipt of such written demand by the Grantee, the Grantor may place its request for termination of the franchise upon a regular Council meeting agenda. The Grantor shall cause notice to be served upon the Grantee, at least twenty (20) days prior to the date of such meeting, a written notice of its intent to terminate, and the time and place of the meeting, notice of which shall be published at least once, ten (10) days before such meeting in a newspaper of general circulation within the franchise area.
2. The Grantor shall hear any persons interested therein, and shall determine, within ninety (90) days, based upon the preponderance of the evidence, whether the Grantee has committed a material breach of this Chapter or the Franchise Agreement, and, if so, whether such breach was willful.
3. If the Grantor determines that the Grantee has willfully committed a material breach, then the Grantor may, by resolution, declare the franchise terminated and security fund and bonds forfeited, or the Grantor may, at its option and if the material breach is capable of being cured by the Grantee, direct the Grantee to take appropriate remedial action within such time and manner and upon such terms and conditions as the Grantor shall determine are reasonable under the circumstances.
('65 Code, § 35B-3(n)) (Ord. No. 87-021 § 1; Ord. No. 2001-009 § 1)