(A) The county may declare a forfeiture of a non-exclusive franchise in the event of substantial violation by the company to which it was granted of any of the terms thereof, upon written notice to the company specifying the nature of the violation, unless such violation is corrected or ceases to exist within 60 days from the date of the written notice of same to the company.
(B) Notwithstanding the provisions of division (A) above, the company shall not be considered to be in default or in violation of any of the terms hereof it prevented from fulfilling such obligations or terms by reason of uncontrollable forces. The term UNCONTROLLABLE FORCES shall be deemed, for the purpose of this franchise, to mean earthquake, storm, lightning, flood, backwater caused by flood, fire, epidemic, accident, failure of facilities, war, riot, civil disturbance, strike, labor disturbances, restraint by court of public authority or other similar or dissimilar causes beyond the control of the company, which causes the company could not have avoided by exercise of reasonable care. The company, when unable to fulfill any obligation or term of the non-exclusive franchise by reason of uncontrollable forces shall remove such disability with reasonable dispatch.
(Ord. 87-450.1, passed 2-10-1987)