(a) In addition to all other rights and powers reserved or assigned to the City, the City reserves as an additional separate and distinct remedy the right to revoke the franchise and all rights and privileges granted to the Grantee hereunder for any of the following reasons:
(1) The Grantee shall, by act or omission, violate any material term or condition of this chapter and shall within thirty days following written demand by the City to effect such compliance fail to do so; or
(2) The Grantee fails to complete construction as provided under the franchise; or
(3) The Grantee becomes insolvent, unable or unwilling to pay its debts, or is adjudged as bankrupt, and the conditions in Section 765.21 have not been met, or all or part of the Grantee's facilities should be sold under an instrument to secure a debt and are not redeemed by the Grantee within thirty days from such sale; or
(4) The Grantee fails to restore service following ninety-six consecutive hours of interrupted service, except for Force Majeure or except when approval of such interruption is obtained from the City; or
(5) The Grantee attempts to or does practice any fraud or deceit in its conduct or relations with the City under a franchise.
(b) No franchise shall be revoked until Council has adopted an ordinance or resolution setting forth the reasons and effective date for that revocation. Any Grantee faced with a franchise revocation must be given thirty days notice and an opportunity to be heard prior to the adoption of such an ordinance.
(c) The Grantee shall not be declared in default nor be subject to any sanction under any provision of this section in any case in which the performance of such provision is prevented for reasons beyond its control.
(Ord. 58-1989. Passed 5-1-89.)