(A) In addition to all other rights and powers pertaining to the city by virtue of this franchise or otherwise, the city reserves the right to terminate and cancel this franchise and all rights and privileges of the grantee hereunder in the event the grantee does any of the following.
(1) After 30 days notice by the city, violates or continues to violate any provision of this franchise or any rule, order, or determination of the city made pursuant to this franchise, except where the violation, other than of division (2) below, is without fault or through excusable neglect.
(2) Becomes insolvent, unable or unwilling to pay its debts, or is adjudged a bankrupt.
(3) Attempts to dispose of any of the facilities or property of its CATV business or system to prevent the city from purchasing it as provided for herein.
(4) Attempts to evade any of the provisions of the franchise or practices any fraud or deceit upon the city.
(5) Fails to commence construction within one year from the effective date of this chapter, or within six months after receipt of Federal Communications Commission approval.
(B) Termination and cancellation shall be by ordinance duly adopted after 90 days' notice to the grantee, and shall in no way affect the city's rights under this franchise or any provision of law. In the event that termination and cancellation depends on a finding of fact, the finding of fact made by the city or its representative shall be conclusive. Before this franchise may be terminated and cancelled under this section, the grantee must be provided with an opportunity to be heard before the City Council.
(Ord. 130, passed 3-26-81)