(a) In addition to all other rights and powers pertaining to the City by virtue of Franchise or otherwise, the City reserves the right to terminate and cancel this Franchise and all rights and privileges of the Franchisee hereunder in the event that the Franchisee:
(1) Violates any provision of this Franchise or any rule, order, or determination of the City Council made pursuant to this Franchise, except where such violation, other than subsection (a)(2) below, is without fault or through excusable neglect;
(2) Becomes insolvent, unable or unwilling to pay its debts, is adjudged a bankrupt;
(3) Attempts to evade any of the provisions of this Franchise or practices any fraud or deceit upon the City.
(b) Such termination and cancellation shall be by ordinance duly adopted after thirty (30) days written notice to the Franchisee and shall in no way affect any of the City’s rights under this Franchise or any provisions of law. In the event that such termination and cancellation depends upon a finding of fact, such finding of fact shall be made by the City Council or its representative. Before this Franchise may be terminated and canceled under this section, the Franchisee must be provided with an opportunity to be heard before the City Council and an opportunity to cure any condition leading to termination or cancellation. If the Franchisee has corrected the condition leading to termination or cancellation within the thirty (30) days written notice of termination or cancellation, or, if such correction requires more than thirty (30) days, has begun to correct any such condition, this Franchise shall remain in effect.
(c) Prevention or delay of any performance under this Franchise due to circumstances beyond the control of Franchisee or the City including, but not limited to, natural disaster, employee strikes or war shall not be deemed noncompliance with or a violation of this Franchise. (Ord. 2000-7. Passed 9-19-00.)