(a) In addition to all other rights and powers retained by the Village under this chapter or otherwise, Council reserves the right to forfeit and terminate the service contract and all rights and privileges of the Company hereunder in the event of a substantial breach of its terms and conditions after reasonable notice in writing to the Company. A substantial breach by Company shall include, but shall not be limited to the following:
(1) Violation of any material provision of the contract or any material rules, order, regulation or determination of Council made pursuant to this chapter;
(2) Attempt to evade any material provision of the contract or practice any fraud or deceit upon the cable communication system customers and subscribers or upon the Village government;
(3) Failure to begin or complete system construction or system extension;
(4) Failure to provide the services promised in the Company's proposal as incorporated herein by Section 737.03;
(5) Failure to restore systemwide service after seventy-two consecutive hours of interrupted service, except when approval of such interruption is obtained from Council; or
(6) Material misrepresentation of fact in the negotiation of the contract.
(b) The foregoing shall not constitute a substantial breach if the violation occurs, but it is without fault of the Company or occurs as a result of circumstances beyond its control such as war, civil disturbance, labor disputes, natural catastrophe and other acts of God. The Company shall not be excused by mere economic hardship nor by misfeasance or malfeasance of its directors, officers or employees.
(c) The Village shall make a written demand that the Company comply with any such provision, rule, order or determination under or pursuant to this chapter or the contract. If the violation by the Company continues for a period of thirty 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 consider the issue of terminating the cable system provided that the Village shall cause to be served upon the Company, at least twenty days prior to the date the Village is to consider the issue of termination, 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 which the Village is to consider.
(d) The Village shall hear and consider the issue and shall hear any person interested therein, and shall determine in its discretion whether or not any violation by the Company has occurred.
(e) If Council shall determine the violation by the Company was the fault of the Company and within its control, Council may, by ordinance, declare that the contract of the Company shall be forfeited and terminated unless there is compliance within such period as Council may fix. Such period shall not be less than thirty days, provided that no opportunity for compliance need be granted for fraud or misrepresentation.
(f) The issue of forfeiture and termination shall automatically be placed upon Council agenda at the expiration of the time set by it for compliance. Council then may terminate the contract forthwith upon finding that the Company has failed to achieve compliance or may further extend the period, in its discretion.
(Ord. 12- 83. Passed 2-15- 83.)