A. The term of an initial renewal franchise may be for a period not to exceed fifteen (15) years from the date that a franchise renewal agreement is approved by the Council/franchising authority.
B. If an initial franchise or renewal franchise is for a period of six (6) years or less, then the franchise agreement shall detail the reasons for granting the shorter franchise term.
C. The reasons for a franchise term of six (6) years or less, include, and are limited to, the following:
1. multiple or repeated violations of the prior franchise agreement;
2. multiple or repeated violations of this ordinance, or any mandated provisions of the CCPA;
3. a continuing and documented pattern of substandard or non-responsive service;
4. reckless disregard for the safety and welfare of the citizens of the City;
5. failure to comply with any construction, rebuild, or upgrade schedule; and
6. failure to timely pay in their entirety any franchise fees, or taxes, or other charges due to the City.
D. The Council/franchising authority reserves the right to grant a franchised MCS provider a variable franchise term wherein the initial or renewal term may be extended by up to two (2) years (not to exceed fifteen (15) years total) upon the franchised MCS provider attaining an "excellent" rating during the course of a periodic performance evaluation.
E. The Council/franchising authority reserves the right to grant a franchised MCS provider a variable franchise term (wherein the initial or renewal term may be extended by up to two (2) years (not to exceed fifteen (15) years total) should the franchised MCS provider consistently and continually meet the Council/franchising authority's objectives with respect to the provision of broad categories of video programming as noted in this ordinance.
F. The Council/franchising authority reserves the right to reduce the term of the franchise by one (1) year for each material, repeated occurrence of an uncured/unremedied violation of the franchise or this ordinance, pursuant to the procedures set forth in Section 9-105 of this ordinance, or when the MCS provider fails to attain a minimum rating of "adequate" (on a scale of "excellent", "adequate" and "poor") for any two (2) successive periodic performance reviews, as set forth in Section 9-106 of this ordinance.
G. Should the highest court of the nation, or State, invalidate, void as unenforceable or unconstitutional, the concept of a franchise or franchise duration, then the Council/franchising authority may adopt emergency rules and regulations in order to preserve and protect the rights and duties of both the Council/franchising authority and any franchised MCS provider. During the interim, the invalid franchise may be considered (unless prohibited by the State) and interpreted in the same manner and fashion as a business license or other comparable authorization. Upon the adoption of emergency rules, the Council/franchising authority should enter into a new agreement which describes which terms and conditions of the franchised MCS provider's system may be reviewed and examined, and under what circumstances may a franchised MCS provider forfeit its right to operate a multi-channel system within the City.