(A) To provide for technological changes in the state of the art of cable communications, to facilitate renewal procedures, to promote the maximum degree of flexibility in the cable communications system and to achieve a continuing, advanced, modern system for the city, the City Commission and the franchisee shall comply with the following review provisions:
(1) The City Commission may upon the giving of proper notice hold a review session within 30 days of the second anniversary date of the execution of the franchise agreement and/or ordinance awarding a franchise. Subsequent review sessions may be scheduled by the City Commission at two-year intervals thereafter. All such review sessions shall be open to the public and notice shall be given by advertisement in a newspaper of general circulation at least one week before each session. In addition, the franchisee shall announce the date and time of each such session, on each of at least five days immediately preceding each session, at a minimum of six regularly scheduled intervals daily.
(2) Either the city or the franchisee may select additional topics for discussion at any regular or special review session.
(3) Any topic proposed for discussion at any regular or special review session by a resident of the city and supported by a petition bearing the signature of 100 city residents, shall be included in the list of topics for discussion.
(B) The procedure for renewal or termination of any franchise or agreement or ordinance awarding the franchise shall require public hearings prior to action by the City Commission. Hearings in connection with a renewal of a franchise shall take place not less than 90 days prior to the termination of the franchise. The City Commission shall after hearing take such action as it deems appropriate, which may include any of the following:
(1) The City Commission may renew the franchise and agreement and ordinance awarding a franchise in accordance with this chapter upon such conditions as it may direct.
(2) The City Commission may authorize the franchisee to transfer the cable communications system to another acceptable franchisee or cable operator.
(3) The City Commission may solicit proposals for and execute a new agreement awarding a franchise in accordance with this chapter and any amendments hereto.
(4) The City Commission may determine not to authorize the award of any further franchise, and thereon, may direct the franchisee to dismantle its cable communication system.
(5) If the franchisee determines not to renew the agreement awarding a franchise in accordance herewith, the City Council shall proceed to follow one of the courses under division (B)(2) or (3) of this section.
(C) Termination.
(1) The City Commission may terminate any agreement awarding a franchise in accordance herewith in the event of the violation of any provision hereof or of any rule or regulation promulgated pursuant hereto or of any applicable federal, state, or local law, or the breach or other failure, refusal, or neglect by the franchisee to perform its obligations under the terms and conditions of the chapter of any ordinance or agreement awarding a franchise in accordance with this chapter, except when such violation, breach, failure, refusal, or neglect is caused by any of the following:
(a) Act of God;
(b) Riot;
(c) An emergency declared by the President of the United States of America, the Governor of the Commonwealth of Kentucky, or the City Commission; or
(d) A condition beyond the control of the franchisee.
(2) In the event that the City Commission determines that the franchisee has violated any provision of this chapter, any rule or regulation promulgated pursuant hereto, any applicable federal, state, or local law, or any term of an agreement or ordinance awarding a franchise, except as noted in division (C)(1)(a), (b), (c), or (d) of this section, the City Commission shall make a written demand on the franchisee that it comply with the law or the agreement or ordinance. If the violation, breach, failure, refusal, or neglect is not remedied to the satisfaction of the City Commission within 30 days following such demand, the City Commission shall determine whether or not, in its sole discretion, such violation, breach, failure, refusal, or neglect by the franchisee was excusable or inexcusable as provided in division (C)(1)(a), (b), (c), or (d) of this section.
(a) If the City Commission determines such violation, breach, failure, refusal, or neglect by the franchisee was excusable as provided in division (C)(1)(a), (b), (c), or (d) of this section the City Commission shall direct the franchisee to correct or remedy the same within such additional time, in such manner and upon such terms and conditions as the Fiscal Court may direct.
(b) If the City Commission determines such violation, breach, failure, refusal, or neglect by the franchisee was inexcusable as provided in division (C)(1)(a), (b), (c), or (d) of this section, then the City Commission shall declare this chapter, the franchise, or the agreement or ordinance awarding a franchise breached, terminated, and of no further force and effect. This action shall be taken by ordinance. Termination shall in no way limit the rights of the city or the franchisee to any remedies legal or equitable available to the city or franchisee.
(3) If the City Commission declares the agreement breached pursuant to division (C)(1) of this section, the City Commission may pursue any remedies available to it pursuant to this chapter or to the franchise agreement or ordinance or any other remedy, legal, or equitable, available to the City Commission. In addition, the City Commission may take action listed in division (B)(2), (3), or (4) of this section.
(D) In the event that the franchisee dismantles or terminates the cable communications system or is required by any provision of this chapter to dismantle or terminate the cable communications system, the franchisee shall, at the City Commission's direction, restore any property, public or private, to the condition in which it existed prior to the erection or construction of the system, including any improvements made to such property subsequent to the construction of the system. Restoration of city property, including, but not limited to, streets, shall be in accordance with the directions and specifications of the City Commission and all applicable laws. The franchisee, at the option and direction of the City Commission, shall restore the same at its expense.
('81 Code, § 450.1, § 24)