A. Transfer: The franchisee shall have the right to assign this franchise to Midcontinent Cable Systems Co. of Minnesota ("Midcontinent"), but other than that assignment, this franchise shall be deemed nontransferable; provided, that any assignment or transfer of the same may take place with the consent of the franchisor, which consent shall not be unreasonably withheld.
B. Termination:
1. Subject to the provisions of the cable communications policy act of 1984, the city shall have the right to terminate and cancel the franchise and all rights and privileges of the franchise if the franchisee substantially violates any provision of this chapter, attempts to evade any of the provisions of this chapter, or practices any fraud or deceit upon the city. Conditions or circumstances for the city's termination of the franchise shall include, but not necessarily be limited to, the following:
a. If the franchisee should default in the performance of any of its obligations under the franchise, and shall fail to act on the default within thirty (30) days after receiving written notice of default.
b. If a petition is filed by the franchisee under the bankruptcy act, or other insolvency or creditor's rights law, state or federal, or the franchisee is adjudged bankrupt or insolvent under any insolvency or creditor's rights law, state or federal.
2. The city shall provide the franchisee with a written notice of the cause for termination and its intention to terminate the franchise and shall allow the franchisee a minimum of thirty (30) days after service of the notice in which to correct the violation. (Ord. 115, 4-10-1990)
3. The franchisee shall be provided with an opportunity to be heard at a public hearing before the city council prior to the termination of the franchise. In the event that the city determines to terminate the franchise, the franchisee has thirty (30) days from the date of receipt of written notice of termination within which to file an appeal to the district court for Clay County, Minnesota. During the thirty (30) day period and until the courts finally determine the appeal, the franchise remains in full force and effect, unless the term of the franchise, as extended by the communications policy act of 1984, ends sooner. (Ord. 115, 4-10-1990; amd. 2005 Code)
4. Upon final termination or forfeiture of the franchise, franchisee shall, upon request of franchisor, remove its cable, wires, and all other appliances relating to the cable communications system from the streets, alleys and other public places within the franchise area, and in the event of failure to do so, the franchisor may remove or have removed the cable, wires and all other appliances relating to the cable communications system, the cost of such removal to be charged to the franchisee. Franchisee shall also pay to franchisor the cost of attorney fees incurred in the cost of the enforcement of this subsection.
C. Abandonment: The franchisee may not abandon any portion of the cable communications service provided hereunder without having given three (3) months' prior written notice to the city. Franchisee may not abandon any cable communications service or any portion thereof without compensating the city for damages resulting thereto from such abandonment. (Ord. 115, 4-10-1990)