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(a) In addition to all of the rights and powers reserved or pertaining to the City, the City reserves as an additional and as a separate and distinct power, the right to terminate the franchise and all rights and privileges of a grantee hereunder in any of the following events or for any of the following reasons:
(1) A grantee shall by act or omission violate any term or condition of this chapter and shall within thirty (30) days following written demand by the City to effect such compliance fail to do so.
(2) Any provision of this chapter that shall be finally adjudged by a court of law invalid or unenforceable and Council further finds that such provision constitutes at that time a consideration material to the continuance of the franchise herein granted.
(3) Grantee becomes insolvent, unable, or unwilling to pay its debts or is adjudged a bankrupt or if all or part of grantee's facilities should be sold under an instrument to secure a debt and are not redeemable by grantee within thirty (30) days from said sale.
(4) A grantee attempts to or does practice any fraud or deceit in its conduct or relations under the franchise with the City or subscribers or potential subscribers.
(b) No revocations shall be effected unless or until the City Council shall have adopted an ordinance setting forth the causes and reasons for the revocation and the effective date thereof. Such ordinance shall not be adopted without thirty (30) days notice prior thereof to a grantee and an opportunity for a grantee to be heard upon the proposed action of said proposed ordinance. In the event the revocation and said ordinance depends upon a finding of fact, such finding of fact as made by the City Council after the hearing provided for shall be conclusive.
(1969 Code 58.30)
A grantee shall not be excused from complying with any of the terms and conditions of this chapter by any failure of the City upon any one or more occasions to insist upon or to seek compliance with any such terms or conditions.
(1969 Code 58.33)
Whenever the franchise shall set forth any time for any act to be performed by or on behalf of a grantee, such time shall be deemed of the essence and any failure of a grantee to perform within time allotted shall always be sufficient grounds for the City to revoke the franchise.
(1969 Code 58.34)
Without limitation upon the rights which the City might otherwise have, the City does hereby expressly reserve the following rights, powers and authorities:
(a) To exercise its governmental powers now or hereafter to the full extent that such powers may be vested in or granted to the said City.
(b) To determine through the Council any question of fact relating to the meaning, terms, obligations or other factors of the franchise or this chapter.
(1969 Code 58.35)
(a) Except as expressly provided in the franchise agreement, a grantee shall have no recourse whatsoever against the City for any loss, cost, or expenses or damages arising out of the provisions or requirements of the franchise or this chapter because of the enforcement thereof by the City, nor for the failure of the City to have the authority to grant all or any part of the franchise.
(b) A grantee expressly acknowledges that upon accepting a franchise, it does so relying upon its own investigation and understanding of the power and authority of the City to grant a franchise.
(c) A grantee by acceptance of a franchise acknowledges that it has not been induced into the franchise by any understanding or promise or other statement whether verbal or written by or on behalf of the City or by any other third person concerning any term or condition of the franchise not expressed herein.
(d) A grantee further acknowledges by acceptance of the franchise that it has carefully read the terms and conditions thereof and the terms and conditions of this chapter and is willing to and does accept all of the risks of the meaning of such terms and conditions and agrees that in the event of any ambiguity therein or in the event of any other dispute over the meaning thereof, the same shall be construed strictly against a grantee and in favor of the City. Grantee further acknowledges that a franchise is not exclusive.
(1969 Code 58.37)
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