(A) In addition to all other rights and powers retained by the city under this franchise or otherwise, the city reserves the right to forfeit and terminate the franchise and all rights and privileges of the Grantee hereunder in the event of a substantial breach of its material terms and conditions. A substantial breach by the Grantee shall include, but shall not be limited to the following.
(1) Violation of any material provision of the franchise or any material rule, order, regulation, or determination of the city made pursuant to the franchise.
(2) Attempt to evade any material provision of the franchise or practices any fraud or deceit upon the city or its subscribers.
(3) Failure to begin or complete the system construction or system extension as provided under the franchise.
(4) Failure to provide the types of services promised herein.
(5) Failure to restore service after 96 consecutive hours of interrupted service, except when approval of interruption is obtained from the city.
(6) Misrepresentation of material fact in the application for or negotiation of the franchise.
(B) The foregoing shall not constitute a major breach if the violation occurs but it is without fault of the Grantee or occurs as a result of circumstances beyond its control. The Grantee shall not be excused by mere economic hardship nor by misfeasance or malfeasance of its directors, officers, or employees.
(C) The city may make a written demand that the Grantee comply with any provision, rule, order, or determination under or pursuant to this franchise. If the violation by the Grantee continues for a period of 30 days following a written demand without written proof that the corrective action has been taken or is being actively and expeditiously pursued, the issue of termination of the franchise shall be brought before the Council. At least 20 days prior to the date of such a Council meeting, a written notice of intent to request termination and the time and place of the meeting shall be served upon the Grantee. Public notice shall be given of the meeting and issue which the Council is to consider.
(D) The Council shall hear and consider the issue and shall hear any person interested therein, and shall determine in its discretion, whether or not any violation by the Grantee has occurred.
(E) If the Council shall determine the violation by the Grantee was the fault of the Grantee and within its control, the Council may, by resolution, declare that the franchise of the Grantee shall be forfeited and terminated unless there is compliance within a period as the Council may fix, the period not to 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 automatically be placed upon the Council agenda at the expiration of the time set by it for compliance. The Council then may terminate the franchise forthwith upon finding that the Grantee has failed to achieve compliance or may further extend the period, in its discretion.
(‘83 Code, § 123.21) (Ord. 82-036, passed 6-21-82; Am. Ord. 96-003, passed 4-1-96) Penalty, see § 121.99