A. In addition to all other rights and powers retained by the village under this chapter or otherwise, the village reserves the right to terminate the franchise agreement 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:
1. The grantee continues to wilfully violate a material provision of the franchise or any material rule, order, regulation or determination after written notice from the village made pursuant to the franchise;
2. The grantee practices any material fraud in its conduct in obtaining or operating the franchise;
3. Failure to begin or complete system construction;
4. Wilful failure to pay taxes or franchise fees, or penalties when and as due the village;
5. Wilful failure to maintain required insurance coverage;
6. Failure to restore system service after seventy two (72) consecutive hours of interrupted service, provided the grantee's failure to restore system wide service is not caused by circumstances or events beyond the grantee's reasonable control;
7. Insolvency or bankruptcy of the grantee;
8. Transfer of the franchise without village approval pursuant to section 7-3-28 of this chapter;
9. The grantee abandons its franchise. The grantee shall be deemed to have abandoned its franchise if it wilfully refuses or is unable to operate the cable system as required by this franchise, when there is no event beyond the grantee's control that prevents the operation of the cable system, and where operation would not endanger the health or safety of the public or property.
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, at its option, 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 thirty (30) days following such written demand is received by the grantee 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 council. The village shall give the grantee written notice, at least twenty (20) days prior to the date of such meeting of the village board, of its intent to request such termination and the time and place of the board 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 shall determine findings of fact whether or not any violation by the grantee has occurred.
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 involuntarily terminated; however, the village shall also allow the grantee an opportunity for compliance within such period as the board may fix, which period shall be reasonable to effect compliance;
F. The issue of involuntary termination may automatically be placed upon the village's agenda at the expiration of the time set by it for compliance. The village 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. (Ord. 1021, 8-12-1998)