A. In addition to all other rights and powers pertaining to the city by virtue of this nonexclusive franchise or otherwise, the city reserves the right to terminate and cancel this nonexclusive franchise and all rights and privileges of the grantee hereunder in the event that the grantee:
1. Wilfully violates any material provision of this chapter or any rule, order or determination of the council made pursuant to this nonexclusive franchise, except where such violation is without fault or through excusable neglect;
2. Becomes insolvent, or unable to pay its lawful debts, or is adjudged bankrupt;
3. Wilfully violates or attempts to evade any of the material provisions of this nonexclusive franchise or practices any fraud or deceit upon the city or its citizens.
B. Such termination or cancellation shall be by ordinance duly adopted and published after sixty (60) days' prior written notice to grantee of its proposed adoption; provided, however, before this nonexclusive franchise may be terminated and canceled under this section, grantee must have been provided with at least sixty (60) days' prior written notice of the alleged franchise violation and an opportunity to cure or attempt to cure such alleged violation and an opportunity to be publicly heard before the council. In the event that such termination or cancellation depends upon a finding of fact, such finding of fact as made by the council or its representative shall be conclusive. (Ord. 761 §34, 1995)