(A) In addition to all the rights and powers retained by the Town under this franchise, or otherwise, the Town reserves the right to forfeit and terminate the franchise and all rights and privileges of the grantee hereunder in the event of a substantial breach of its terms and conditions. A substantial breach by the grantee shall include, but shall not be limited to the following:
(1) Violation of any material provision of the franchise or a material rule, order, regulation or determination of the Town made pursuant to the franchise;
(2) Attempt to evade any material provision of the franchise or practices any fraud or deceit upon the Town or its subscribers or customers;
(3) Failure to begin or complete the system construction or system extension as provided under the franchise;
(4) Failure to provide the types of services promised herein;
(5) Failure to restore service after 96 consecutive hours of interrupted service, except when approval of such interruption is obtained from the Town;
(6) Failure of the system to be operative for 30 days out of any consecutive 12-month period; or
(7) Material misrepresentations of fact in the application for or negotiation of the franchise.
(B) The foregoing shall not constitute a major breach if the violation occurs, but it is without fault of the grantee or occurs as a result of circumstances beyond its control. The grantee shall not be excused by mere economic hardship, nor any misfeasance or malfeasance of its directors, officers or employees.
(C) The Town may make a written demand that the grantee comply with any such provision, rule, order or determination under or pursuant to this franchise. If the violation by the grantee continues for a period of 30 days following such written demand without written proof that the corrective action has been taken or is being actively and expeditiously pursued, the Town may place the issue of termination of the franchise before the Town Council. The Town shall cause to be served upon the grantee at least 20 days prior to the date of such a Town Council meeting, a written notice of intent to request such termination and the time and place of the meeting. Public notice shall be given of the meeting, and issue which the Town Council is to consider.
(D) The Town Council shall hear and consider the issue and shall hear any person interested herein and shall determine, in its discretion, whether or not any violation by the grantee has occurred.
(E) If the Town Council shall determine the violation by the grantee was the fault of grantee and within its control, the Town Council may, by resolution declare that the franchise of the grantee shall be forfeited and terminated unless there is compliance within such period as the Town Council may fix, such period not to be less than 60 days; provided, no opportunity for compliance need be granted for fraud or misrepresentation.
(F) The issue of forfeiture and termination shall automatically be placed upon the Town Council agenda at the expiration of the time set by it for compliance. The Town Council then may terminate the franchise forthwith upon finding that the grantee has failed to achieve compliance or may further extend the period in its discretion.
(2005 Code, § 95.21)