(A) It shall be the right of all subscribers to continue receiving service as long as their financial and other obligations to the grantee are honored. If the grantee elects to over build, rebuild, modify or sell the system, or the municipality gives notice of intent to terminate or fails to renew the franchise, the grantee shall act so as to ensure that all subscribers receive continuous, uninterrupted service regardless of the circumstances for a period not to exceed six months after the franchise has terminated.
(B) In the event that there is a change of franchise, or if a new operator acquires the system, the grantee shall cooperate with the municipality, new franchisee and operator in maintaining continuity of service to all subscribers. During such period, the grantee shall be entitled to the revenues for any period during which it operates the system.
(C) In the event that the grantee fails to operate the system for three consecutive days without prior approval of the municipality or without just cause, the municipality may, at its option, operate the system or designate an operator until such time as the grantee restores service under conditions acceptable to the municipality or a permanent operator is selected. In the event that the municipality is required to fulfill this obligation for the grantee, the municipality shall be entitled to all revenues for any period during which it operates the system and shall be entitled to draw on the letter of credit and cash security deposit established pursuant to § 110.025 of this chapter to recover all of its costs and damages in excess of such revenues, and, in any event, the grantee shall be obligated to reimburse the municipality for all costs or damages incurred by the municipality resulting from the grantee's failure to perform that the municipality does not recover from such revenues or said letter of credit or cash security deposit.
(Ord. 2000-10, passed 4-10-00)
Penalty, see § 110.999