The franchise holder shall at all times be subject to the reasonable regulations by the City Commission on all matters pertaining to the franchise including, but not limited to, the nature and quality of the service rendered and performed under this franchise. At its option, the City Commission may terminate the franchise for failure of the franchise holder to materially and substantially perform for a period of one week, adverse weather, natural catastrophes, and Acts of God are excepted waivers by the City Commission of one or more 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; provided, however, that such termination shall be on such terms and conditions as will best protect the rights of the corporate surety on said performance bond consistent with the rights of the city and the customers of the service to be rendered under the franchise; and provided further that the terms and conditions of the surety's liability on its performance bond may be more fully specified and clarified by agreement between the surety and the city made contemporaneously with the execution of the performance bond.
(Ord. 06-005, passed 11-7-2006; Am. Ord. 2011-004, passed 6-15-2011)