(A) In addition to all other rights and powers pertaining to the city by virtue of this chapter or otherwise, the city, by and through its Board of Commissioners, reserves the right to terminate and cancel the franchise and all rights and privileges of the grantee hereunder in the event that the grantee:
(1) Willfully violates any provision of this chapter, the franchise or any material rule, order, or determination of the city made pursuant to the franchise, except where such violation is without fault or through excusable neglect or due to a force majeure act;
(2) Willfully attempts to evade any provision of this chapter or the franchise or practices any fraud or deceit upon the city;
(3) Fails to begin or complete construction as provided under this chapter or the franchise;
(4) Knowingly makes a material misrepresentation of any fact in the application, proposal for renewal, or negotiation of the franchise; or
(5) In the event of entry of a final and non-appealable order by the PSC which revokes any authority of the grantee to provide telecommunications service in the city.
(B) The city may make a written demand that the grantee do or comply with any such provision, rule, order or determination. The grantee will be provided the opportunity to appear and present evidence before the Mayor and the Board of Commissioners, whose decision shall be the final administrative decision, and shall be in writing and provide the basis for the decision. If the violation by the grantee continues for a period of 30 days following such a decision by the Mayor and the Board of Commissioners without written proof that the corrective action has been taken or is being actively and expeditiously pursued by the grantee, the city may place its request for termination of the franchise as early as the next regular Board of Commissioners meeting agenda. The city shall cause to be served upon grantee, at least ten days prior to the date of Such Board of Commissioners meeting, a written notice of intent to request such termination and the time and place of the meeting and shall publicly notice the same.
(1) It shall be a defense to any attempt to terminate and cancel the franchise that the grantee was relying on federal law, state law, or a valid tariff in acting or not acting on the issue in dispute.
(2) The Board of Commissioners shall consider the request of the city and shall hear any person interested therein, and shall determine in its discretion, whether or not any violation by the grantee was with just cause.
(3) If such violation by the grantee is found to have been with just cause, the Board of Commissioners shall direct the grantee to comply therewith within such time and manner and upon such terms and conditions as are just and reasonable within the city’s lawful authority.
(4) If the Board of Commissioners determines such violation by the grantee was without just cause, then the Board of Commissioners may, by resolution, declare that the franchise of the grantee shall be terminated and forfeited unless there is compliance by the grantee within such reasonable period as the Board of Commissioners may fix. Any such determination by the Board of Commissioners is a final appealable action to a court of competent jurisdiction.
(Ord. 22-08, passed 4-12-22)