(A) In addition to all other rights and powers pertaining to the government by virtue of the franchise or otherwise, the government, by the through its City Council, reserves the right to terminate and cancel the franchise and all rights and privileges of the grantee hereunder in the event that the grantee:
(1) Violates any material provision of the franchise or any material rule, order, or determination of the government made pursuant to the franchise, except where such violation is without fault or through excusable neglect;
(2) Attempts to evade any material provision of the franchise or practices any fraud or deceit upon the government;
(3) Fails to begin or complete construction as provided under the franchise and the grantee's proposal as incorporated herein,
(4) Knowingly make a material misrepresentation of any application, proposal for renewal, or negotiation of the franchise; or
(5) Willfully abandons the cable system, in whole or in part, without the prior written approval of the government. For purposes of this section "abandonment" means the cessation, by the grantee's act, of the provision of all cable service and non-cable service then being provided over the cable system in the city for ninety-six (96) or more consecutive hours, except if due to an event beyond the grantee's control as set forth in sections 113.99(B)(6) and subsection (B)(6) hereof.
(B) Forfeiture Procedure.
(1) The government shall notify the grantee in writing of an alleged failure to comply with the provisions of this chapter as outlined in subsection (A), which notice shall specify the alleged failure with particularity.
(2) The grantee shall, within twenty-one (21) days after receipt of the notice or such longer period as the government may specify in such notice, either cure the alleged failure or, in a written response to the government, either present facts and arguments in refutation or excuse of such alleged failure or state that the alleged failure will be cured and set forth the method and time schedule for accomplishing such cure.
(3) The City Council shall determine (i) whether a failure to comply with a material provision of the franchise has occurred; (ii) whether such failure is excusable; and (iii) whether such failure has been or will be cured by the grantee.
(4) If the City Council determines that a failure to comply with a material provision of the franchise has occurred and that such failure is not excusable and has not been or will not be cured by the grantee in accordance with a schedule satisfactory to the City Council, the City Council shall hold a public hearing to determine whether the franchise shall be terminated and forfeited or whether other penalties shall be imposed on the grantee. The City Council shall provide at least twenty-one (21) days written notice of the public hearing to the grantee. During the public hearing, grantee shall have the right to call and to cross-examine witnesses and to present evidence. If the City Council determines that such failure has not occurred, or that such failure either has been or will be cured in a manner and in accordance with a schedule satisfactory to the City Council or that the failure is excusable, such determination shall conclude the investigation.
(5) Following the public hearing and majority vote of the City Council finding that a failure to comply with a material provision of the franchise has occurred and that such failure is not excusable and has not been or will not be cured by the grantee in accordance with a schedule satisfactory to the government, the City Council may issue a written decision ordering termination and forfeiture of the franchise or imposing other penalties. Such decision shall be served on the grantee and shall be subject to judicial review as provided by law.
(6) Any other provision of this chapter notwithstanding, the grantee shall not be liable of delay in performance of, or failure to perform, in whole or in part, its obligation pursuant to this chapter or any franchise granted hereunder due to strike or other labor action other than those involving the employees of the grantee, war or act of war (regardless or whether an actual declaration of war is made), insurrection, riot, act of public enemy, accident, fire, flood or other act of God, equipment malfunction, sabotage of other events, where the grantee has exercised all due care in the prevention thereof and to the extent that such causes or other events are beyond the grantee's control. Not withstanding the other provisions of this subsection (6), grantee shall be held liable for equipment malfunctions identifiable using standard industry testing techniques.
(C) In the event of said revocation the grantee shall have two (2) years from the date on which it ceases operations to remove, at its own expenses, all portions of its cable television system from all roads within the confined of the city, and shall restore said roads to a condition reasonably satisfactory to the government within such period of time.
(Ord. 1999-13, passed 11-8-99)