The franchise holder shall at all times be subject to the reasonable regulations and requirements of the City Council on all matters pertaining to the franchise, including but not limited to. the nature and quality of the services rendered and performed under the franchise. Unless negotiated otherwise in a contract between the city and the franchise holder, the city may, at its option, terminate the franchise at anytime upon ninety (90) days written notice to the franchise holder, and may terminate immediately for failure of the franchise holder to materially and substantially perform for a period of one (1) week, with the exception of major difficulties involving adverse weather, natural catastrophes and acts of God. Waivers by the city of one (1) or more of the failures by the franchise holder to perform shall not be deemed a waiver of any failures or defaults, and shall not prejudice the right of termination hereby provided. Termination of the franchise as herein provided shall not affect or release the liability of the franchise holder or its corporate surety on the performance bond. The franchise holder and the corporate surety on the performance bond shall be subject to the jurisdiction of the Shelby Circuit Court in Shelby County, Kentucky, in any action commenced on any claim under the franchise.
(Ord. 2014-05-17(A), passed 5-17-14)