§ 114.162  TERMINATION OF FRANCHISE.
   (A)   Grounds for revocation. Under this chapter, the grantee reserves the right to revoke any franchise and rescind all rights and privileges associated with the franchise if:
      (1)   The grantee should default in the performance of any of its material obligations under this chapter or the franchise and fails to cure the default within 60 days after receipt of written notice of the default from the grantor, or such longer time as specified by the grantor;
      (2)   A petition is filed by or against the grantee under the bankruptcy act or any other insolvency or creditors’ rights law, state or federal, and the grantee shall fail to have it dismissed;
      (3)   A receiver, trustee or liquidator of the grantee is applied for or appointed for all or part of the grantee’s assets;
      (4)   The grantee makes an assignment for the benefit of creditors;
      (5)   The grantee violates any order or ruling of any state or federal regulatory body having jurisdiction over the grantee, unless the grantee or any party similarly affected is lawfully contesting the legality or applicability of such order or ruling and has received a stay from a court of appropriate jurisdiction;
      (6)   The grantee evades any of the provisions of this chapter or the franchise agreement;
      (7)   The grantee practices intentional fraud or deceit upon the grantor or cable subscribers;
      (8)   The grantee materially misrepresents facts in the application for a franchise; and/or
      (9)   The grantee ceases to provide services over the cable system for seven consecutive days for any reason within the control of the grantee.
   (B)   Restoration of property.
      (1)   In removing its plant, structures and equipment, the grantee shall refill, at its own expense, any excavation that shall be made by it and shall leave all public ways and places in as good condition as that prevailing prior to the grantee’s removal of its equipment and appliances, without affecting the electric or telephone cables, wires or attachments.
      (2)   The grantor shall inspect and approve the condition of the public ways and public places and cables, wires, attachments and poles after removal.
      (3)   Liability insurance indemnity provided in § 114.136 of this chapter and the performance bond in § 114.164 of this chapter shall continue in full force and effect during the period of removal.
   (C)   Reimbursement of costs. If the grantee fails to complete any work as required in divisions (A) and (B) above or any work required by law or ordinance within the time established and to the satisfaction of the grantor, the city may cause such work to be done, and the grantee shall reimburse the grantor the costs thereof within 30 days after receipt of an itemized list of such costs or the grantor may recover such costs as provided in § 114.136 of this chapter.
(2013 Code, § 8-8.8)  (Ord. 14586, passed 4-13-1998)