(A) Grounds for revocation. The grantor reserves the right to revoke any franchise granted pursuant to this chapter and rescind all rights and privileges associated with the franchise in the following circumstances, each of which shall represent a default in 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, contracts 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 coverage or the performance bond required by this chapter;
(3) If any court of competent jurisdiction, the FCC, or any state regulator body by rules, decisions or other action determines that any material provision of the franchise documents, including this chapter, is invalid or unenforceable prior to the commencement of the construction of the system;
(4) If the grantee should frequently violate any orders or rulings of any regulatory body having jurisdiction over the grantee relative to the franchise, unless such orders or rulings are being contested by the grantee in a court of competent jurisdiction;
(5) If the grantee ceases to provide services for any reason within the control of the grantee over the cable communications 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 the performance of any such provision is prevented for reasons beyond the grantee's control. A fault shall not be 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;
(6) If the grantee attempts to evade any of the provisions of this chapter or the franchise agreement or practices any fraud or deceit upon the grantor;
(7) If the grantee's construction schedule is delayed for more than 18 months later than the schedule contained in the franchise agreement; or
(8) If the grantee becomes insolvent or unable or unwilling to pay its debts or is adjudged bankrupt.
(B) Procedures prior to revocation.
(1) The grantor may make a written demand that the grantee 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 60 days following such written demand, the grantor may place its request for the termination of the franchise upon a regular meeting agenda of the grantor. The grantor shall cause to be served upon the grantee, at least ten days prior to the date of such meeting, a written notice of its 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, the grantor, by resolution, may declare that the franchise of the grantee shall be terminated and the bond forfeited unless there be compliance by the grantee within such period as the grantor may fix.
(C) Disposition of facilities. In the event a franchise expires, is revoked, or otherwise terminated, the grantor may order the removal of the system facilities from the franchise area within a reasonable period of time as determined by the grantor or require the original grantee to maintain and operate its network until a subsequent grantee is selected.
(D) Restoration of property. In removing its plant, structures and equipment, the grantee shall refill, at its own expense, any excavation that shall be made by the grantee and shall leave all public ways and places in as good condition as that prevailing prior to the grantee's removal of its equipment and appliances without affecting the electrical or telephone cable wires or attachments. The grantor shall inspect and approve the condition of the public ways and public places and cables, wires, attachments and poles after removal. The liability, indemnity and insurance provided for in this chapter and the performance bond provided for shall continue in full force and effect during the period of removal and until full compliance by the grantee with the terms and conditions of this section.
(E) Restoration by the grantor; reimbursement of costs. In the event of the failure of the grantee to complete any work required by division (C) and/or division (D) of this section or any other work required by city laws within the time as may be established and to the satisfaction of the grantor, the grantor may cause such work to be done, and the grantee shall reimburse the grantor the cost thereof within 30 days after the receipt of an itemized list of such costs, or the grantor may recover such costs through the security fund provided by the grantee. The grantor shall be permitted to seek legal and equitable relief to enforce the provisions of this section.
(F) Extended operation. Upon either the expiration or revocation of a franchise, the grantor may require the grantee to continue to operate the cable communications system for an extended period of time not to exceed 12 months after the date of such expiration or revocation. The grantee, as trustee for its successor in interest, shall continue to operate the cable communications system under the terms and conditions of this chapter and the franchise agreement and to provide the regular subscriber service and any and all of the services which may be provided at such time. The grantor shall be permitted to seek legal and equitable relief to enforce the provisions of this section.
(G) Grantor's rights not affected. The termination and forfeiture of any franchise shall in no way affect any of the rights of the grantor under the franchise or any provision of law.
('65 Code, § 7-8.410) (Ord. 244-C.S., passed - - )