A. In addition to all other rights, powers or remedies pertaining to the municipality in connection with this chapter or otherwise, the municipality reserves the right to terminate, cancel and revoke the franchise and all rights and privileges of the company under this chapter in the event the company:
1. Violates any material provisions of this chapter or any rule, order or determination of the municipality made pursuant to this chapter, except where such violation, other than of subsections B and C of this section, is without fault of the company or through excusable neglect; or
2. Becomes insolvent, unable or unwilling to pay its debts, or is adjudged bankrupt; or
3. Fails for a substantial time to provide effective transmission and receiving services and capabilities to subscribers, except for strikes, war, civil commotions, acts of God, or other causes beyond the control of the company; or
4. Attempts to evade any of the provisions of this chapter or practices any fraud or deceit upon the municipality or subscribers; or
B. Such termination, cancellation and revocation shall be by ordinance after a hearing before the corporate authorities. The municipality shall give the company at least sixty (60) days' notice of the hearing. The company shall have an opportunity before the corporate authorities to be fully heard and be given a reasonable period of time, not to exceed ninety (90) days, to cure any and all defaults, omissions, breaches or causes for such termination, cancellation or revocation. The corporate authorities shall make findings of fact in connection with any termination, cancellation and revocation.
C. Upon such termination, cancellation and revocation, and upon the expiration of the term of the grant under this chapter, the municipality shall have the option, to be exercised within ten (10) days thereof, of accepting ownership of all system facilities or of ordering the company to remove all system facilities from the municipality. This shall not be a limit upon any other remedies the municipality may have in connection with the company's performance under this chapter. (Ord. 1000, 4-8-1985)