(a) Subject to subsection (b) hereof, the City may revoke a franchise in the event of any material violation of any provision of a franchise, or of any rule or regulation promulgated under a franchise, or of any applicable Federal, State or local law, or the failure, refusal or neglect by the grantee to perform its obligations under the terms and conditions of a franchise, except that any delay, preemption or other failure to perform, including, but not limited to, system construction, caused by factors beyond the parties' reasonable control, such as an act of God, labor dispute, non-delivery by suppliers, war, riot, technical breakdown or government administrative or judicial order or regulation, shall not result in a default. Each party shall exercise its reasonable efforts to cure any such delays, and the cause and performance shall be excused for the period of time during which any such factor continues.
(b) In the event the City determines that a grantee has violated any provision of a franchise, any rule or regulation promulgated under a franchise, or any applicable Federal, State or local law, or has breached or otherwise failed, refused or neglected to perform its obligations under the terms and conditions of a franchise, the City shall give the grantee sixty days written notice and opportunity to cure the violation or noncompliance, and a public hearing before the Council, before revoking a franchise.
(Ord. 1996-17. Passed 5-21-96.)