In addition to all other rights and power of the grantor by virtue of this franchise or otherwise, the grantor reserves, as an additional and as a separate and distinct power, the right to terminate and cancel this franchise and all rights and privileges of the grantee hereunder in any of the following events or for any of the following reasons.
(A) Violation of provisions. The grantee shall by act or omission violate any terms, conditions, or provisions of this franchise and shall refuse to effect compliance within 30 days following written demand by franchise area to do so.
(B) Insolvent or bankrupt. The grantee becomes insolvent or is adjudged bankrupt or all or any part of the grantee's facilities are sold under an instrument to secure a debt and are not redeemed by the grantee within 30 days from the date of the sale. However, this shall not be an event of termination or cancellation in the event of bankruptcy proceeding and the trustee, receiver, or debtor in possession agrees in writing to be bound by the terms of this franchise.
(C) Fraud or deceit. The grantee attempts to or does practice any fraud or deceit in its conduct or relations under this franchise with the grantor, subscribers, or potential subscribers.
(D) Termination and cancellation. Any termination and cancellation of this franchise shall be by ordinance adopted by the County Council and approved by the County Council. However, before any such ordinance is written, notice shall be given, which notice shall set forth the causes and reasons for the proposed termination and cancellation, shall advise the grantee that it will be provided an opportunity to be heard by the County Council regarding the proposed action before any action is taken, and shall set forth the time, date, and place of the hearing. In no event shall the hearing be held less than 30 days following delivery of the notice to the grantee.
(E) Performance prevented. Other than its failure, refusal, or inability to pay its debts and obligations, including, specifically, the payments to the grantor required by this franchise, the grantee shall not be declared in default or be subject to any sanction under any provision of this franchise in those cases in which performance of the provision is prevented by reasons beyond its control.
(Prior Code, § 92.26) (Ord. 966E, passed 2-22-1982; Ord. 1061A, passed 5-9-1989)