(A) In addition to all other rights and powers pertaining to the city by virtue of this chapter or otherwise, the city reserves the right to terminate and cancel any franchise granted hereunder and all privileges of a grantee hereunder in the event that a grantee fails to remedy any of the following events of default within 30 days following written notice thereof sent by certified mail to the grantee by the City Attorney:
(1) Violates any material provision of this chapter, or any rule, order or determination of the city made pursuant to this chapter, except where such violation, other than of division (2) below, is without fault or through excusable neglect;
(2) Becomes insolvent, unable or unwilling to pay its debts, or is adjudged a bankrupt;
(3) Attempts to evade any of the provisions of this chapter or practices any fraud or deceit upon the city; or
(4) Fails to have service available to 100% of the residential structures, which are within the city as of the date of acceptance of this chapter and on areas annexed to the city after acceptance of this chapter, fails to have service available within a reasonable time to 100% of the residential structures in all areas of the city where there at least 50 residential units per line mile; provided that said period may be extended by the city if the grantee is diligently pursuing construction and the delay is not caused by any fault of the grantee or strikes, natural disaster or other occurrences over which grantee would have no control.
(B) Such termination and cancellation shall be by ordinance duly adopted after 60 days’ notice to the grantee and shall in no way effect any of the city’s rights under this chapter or any provision of law. In the event that such termination and cancellation depends upon a finding of fact, as made by the Council, it shall be reviewable under the provision of the Administrative Review Act of the State of Illinois. Before the franchise may be terminated and cancelled under this section, a grantee must be provided with an opportunity to be heard before the Council, to defend its conduct and show that no such uncured event of default exists.
(C) Whenever this chapter shall set forth any time for any act to be performed by or on behalf of grantee, such time shall be deemed of the essence and any failure of a grantee to perform within the time allotted shall always be sufficient grounds for the city to revoke any franchise granted hereunder.
(Ord. 94-0-6, passed 9-12-94)