(A) In addition to all other rights and powers retained by the village under this subchapter or otherwise, the village reserves the right to terminate the franchise and all rights and privileges of the grantee hereunder in the event of a substantial breach of its terms and conditions. A substantial breach by the grantee shall include, but shall not be limited to the following:
(1) Violation of any material provision of the franchise or any material rule, order, regulation or determination of the village made pursuant to the franchise;
(2) Attempt to evade any material provision of the franchise or to practice any fraud or deceit upon the village or its subscribers or customers;
(3) Failure to begin or complete system construction or system extension as provided under § 113.021;
(4) Failure to provide the services promised in the grantee’s initial application as incorporated herein by § 113.004;
(5) Failure to restore service after 96 consecutive hours of interrupted service, except when approval of such interruption is obtained from the village; or
(6) Material misrepresentation of fact in the application for or negotiation of the franchise.
(B) The foregoing shall not constitute a major breach if the violation occurs but is without fault of the grantee or occurs as a result of circumstances beyond its control. The grantee shall not be excused by mere economic hardship nor by misfeasance or malfeasance of its directors, officers or employees.
(C) The village may make a written demand that the grantee comply with any such provision, rule, order or determination under or pursuant to the franchise. If the violation by the grantee continues for a period of 30 days following such written demand without written proof that the corrective action has been taken or is being actively and expeditiously pursued, the village may place the issue of termination of the franchise before the Village Board. The village shall cause to be served upon the grantee, at least 20 days prior to the date of such meeting, a written notice of intent to request such termination and the time and place of the meeting. Public notice shall be given of the meeting and the issue(s) which the Board is to consider.
(D) The Village Board shall hear and consider the issue(s) and shall hear any person interested therein and any relevant evidence, and shall determine whether or not any violation by a grantee has occurred, after affording grantee rights of due process to be heard and an opportunity to present all relevant evidence and witnesses. The grantee may, at its own expense, make a transcript of any such hearing.
(E) If the Village Board determines that the violation by the grantee was the fault of the grantee and within its control, the Board may, by resolution declare that the franchise of the grantee shall be forfeited and terminated unless there is compliance within such period as the Board may fix, such period to not be less than 30 days; provided, however, that no opportunity for compliance need be granted for fraud or misrepresentation. Any such resolution shall state with particularity the reasons for forfeiture and termination.
(F) The issue of forfeiture and termination shall automatically be placed upon the Board agenda at the expiration of the time set by it for compliance. The Board may then terminate the franchise forthwith upon finding that the grantee has failed to achieve compliance or it may further extend the period, at its discretion.
(2000 Code, § 113.39) (Ord. 1678, passed 7-21-1997) Penalty, see § 113.999