(A) In addition to all other rights and powers reserved or pertaining to the village, the village reserves as an additional and as a separate and distinct remedy the right to revoke this franchise and all rights and privileges of the grantee hereunder in any of the following events or for any of the following reasons:
(1) The grantee shall by act or omission violate any term or condition of this chapter and shall within 30 days following written demand by the village to effect such compliance fail to do so;
(2) Any provision of this chapter shall be finally adjudged by a court of law invalid or unenforceable and the Village Council further finds that such provision constitutes at that time a consideration material to the continuance of the franchise herein granted;
(3) The grantee becomes insolvent, unable or unwilling to pay its debts, or is adjudged bankrupt; or all or part of grantee's facilities should be sold under an instrument to secure a debt and are not redeemed by grantee within 30 days from the sale; or
(4) The grantee attempts to or does practice any fraud or deceit in its conduct or relations under this franchise.
(B) No such revocation shall be effective unless or until the Village Council shall have adopted an ordinance setting forth the cause and reason for the revocation and the effective date thereof, which ordinance shall not be adopted without 30 days prior notice thereof to the grantee and an opportunity for the grantee to be heard on the proposed adoption of the proposed ordinance. In the event the revocation as proposed in the ordinance depends on a finding of fact, such finding of fact as made by the Village Council after the hearing provided for, if requested by the grantee, shall be conclusive.
(C) The grantee shall not be declared in default or be subject to any sanction under any provision of this contract in any case in which the performance of any such provision is prevented for reasons beyond its control.
(1995 Code, § 112.25) (Ord. 79-O-20, passed 7-9-1979)