(A) To provide for technological changes in the state of the art of Communications Services, to facilitate renewal procedures, and to achieve continuing, advanced, modern systems for the Louisville Metro area, the franchisee shall comply with the following review provisions:
(1) Louisville Metro may hold review sessions which shall be open to the public and notice shall be given by advertisement in a newspaper of general circulation at least one week before each session.
(2) Either Louisville Metro or the franchisee may select additional topics for discussion at any regular or special review session.
(3) Any topic proposed for discussion at any regular or special review session by a resident of the Louisville Metro area and supported by a petition bearing the signature of 100 Louisville Metro residents shall be included in the list of topics for discussion.
(B) Termination.
(1) Louisville Metro may terminate any franchise in accordance herewith in the event of the violation of any material provision hereof or of any rule or regulation promulgated pursuant here to or of any applicable federal, state, or local law, or the breach or other failure, refusal or neglect by the franchisee to perform its obligations under the material terms and conditions of the ordinance or of any ordinance or agreement awarding a franchise in accordance herewith, except when such violation, breach, failure, refusal or neglect is caused by any of the following:
(a) Act of God;
(b) Riot, insurrection, civil disturbance, sabotage or vandalism, tampering or interference, act of public enemy, accident, fire, flood, strike, unavailability of materials or equipment, war or act or war, all of which are beyond the control of the franchisee; or
(c) An emergency declared by the President of the United States of America, the Governor of the Commonwealth of Kentucky or the Mayor.
(2) In the event that Louisville Metro determines that the franchisee has violated any material provision of this chapter, any rule or regulation promulgated pursuant hereto, any applicable federal, state or local law, or any material term of an agreement or ordinance awarding a franchise, Louisville Metro shall make a written demand on the franchisee that it comply with the law or said agreement or ordinance. If the violation, breach, failure, refusal or neglect is not remedied to the satisfaction of Louisville Metro within 30 days following such demand, Louisville Metro shall determine whether or not, in its sole discretion, any violation, breach, failure, refusal, or neglect by the franchisee was excusable or inexcusable as provided in § 116.10(B)(1).
(a) If Louisville Metro determines such violation, breach, failure, refusal or neglect by the franchisee was excusable as provided in § 116.10(B)(1), Louisville Metro shall direct the franchisee to correct or remedy the same within such additional time, in such manner and upon such terms and conditions as are just and reasonable and as Louisville Metro may direct.
(b) If Louisville Metro determines such violation, breach, failure, refusal, or neglect by the franchisee was inexcusable, then Metro Council, by ordinance, may declare the franchisee's franchise breached, terminated, and of no further force and effect. Metro Council may provide a time period for the franchisee to become compliant.
(3) If Louisville Metro declares the said agreement breached pursuant to § 116.10(B)(2)(b), Louisville Metro may pursue any remedies available to it pursuant to this chapter or to the said franchise or ordinance or any other remedy, legal or equitable, available to Louisville Metro.
(C) If any franchise is cancelled by reason of the default of the franchisee, Louisville Metro may exercise its option to purchase any portion of the system then connected in any manner with the rights-of-ways, public places, or other property of Louisville Metro, at a cost not to exceed its then book value less any amount for any damages incurred by Louisville Metro in connection with such cancellation. Damages incurred by Louisville Metro shall include, but shall not be limited to, any payment made by Louisville Metro authorizing or directing the continued operation of the system.
(D) In the event that the franchise is terminated, the franchisee shall follow the procedure in § 116.03(O).
(Lou. Metro Ord. No. 77-2018, approved 5-29-2018)