(A) Grounds for revocation. The grantor reserves the right to revoke any franchise granted hereunder and rescind all rights and privileges associated with the franchise in the following circumstances, each of which shall represent a default and breach under this chapter and the franchise grant:
(1) If the grantee should default in the performance of any of its material obligations under this chapter or under such documents, agreements, and other terms and provisions entered into by and between the grantor and the grantee;
(2) If the grantee should fail to provide or maintain in full force and effect, the liability and indemnification coverages or the security fund or bonds as required herein;
(3) If the grantee should willfully violate any orders or rulings of any regulatory body having jurisdiction over the grantee relative to this franchise unless such orders or rulings are being contested by the grantee in a court of competent jurisdiction;
(4) If the grantee ceases to provide services for any reason within the control of the grantee over the cable system. The grantee shall not be declared at fault or be subject to any sanction under any provision of this chapter in any case in which performance of any such provision is prevented for reasons beyond the grantee’s control. A fault shall not deemed to be beyond the grantee’s control if committed by a corporation or other business entity in which the grantee holds a controlling interest, whether held directly or indirectly;
(5) If the grantee attempts to evade any of the material provisions of this chapter or the franchise agreement or practices any fraud or deceit upon the grantor;
(6) If the grantee’s construction or system rebuild schedule is delayed for more than 18 months later than the schedule contained in the franchise agreement and grantor finds that the delay was not excusable; and
(7) If the grantee becomes insolvent, unable or unwilling to pay its debts, or is adjudged a bankrupt.
(B) Procedure prior to revocation.
(1) The grantor may make written demand that the grantee do so comply with any such requirement, limitation, term, condition, rule, or regulation or correct any action deemed cause for revocation. If the failure, refusal, or neglect of the grantee continues for a period of 30 days following such written demand, the grantor may place its request for termination of the franchise upon a regular Council meeting agenda. The grantor shall cause notice to be served upon such grantee, at least ten days prior to the date of such meeting, a written notice of this intent to request such termination, and the time and place of the meeting, notice of which shall be published at least once, ten days before such meeting in a newspaper of general circulation within the franchise area.
(2) The grantor shall hear any persons interested therein, and shall determine, in its discretion, whether or not any failure, refusal, or neglect by the grantee was with just cause.
(3) If such failure, refusal, or neglect by the grantee was with just cause, the grantor shall direct the grantee to comply within such time and manner and upon such terms and conditions as are reasonable.
(4) If the grantor shall determine such failure, refusal, or neglect by the grantee was without just cause, then the grantor may, by resolution, declare that the franchise of such grantee shall be terminated and security fund and bonds forfeited unless there be compliance by the grantee within such period as the grantor may fix.
(Prior Code, § 115.029) (Ord. D-1485, § 4.10, passed 6-3-1985, effective 6-13-1985)