(A) Revocation. The Council reserves the right to revoke any franchise granted hereunder and rescind all rights and privileges associated with the franchise in the following circumstances, each of which shall represent a default and breach under this chapter or the franchise agreement:
(1) If the grantee shall default in the performance of any of the material obligations under this chapter or under such documents, contracts and other terms and provisions entered into by and between the county and the grantee;
(2) If the grantee shall fail to provide or maintain in full force and effect the liability and indemnification coverage or the performance bond as required herein pursuant to the franchise agreement;
(3) If the grantee's construction schedule is delayed later than the schedule contained in the franchise agreement, if any, or beyond any extended date set by the County Council;
(4) If the grantee becomes insolvent or unable to pay its debts or is adjudged bankrupt;
(5) If the grantee fails to restore service after 96 consecutive hours of interrupted "system-wide" service, except when such service interruption is caused by forces beyond the grantee's control (including but not limited to actions of subscribers), or when approval of such interruption is obtained from the county manager or his or her designee;
(6) If there has been material misrepresentation of fact in the application for or negotiation of the franchise or any extension or renewal thereof.
(B) Force majeure. The grantee shall be not liable for any failure or delay in the performance of its obligations pursuant to this chapter and the franchise and such failure or delay shall not be deemed a default of this chapter and the franchise or grounds for termination hereunder if any of the following conditions are satisfied:
(1) If such failure or delay:
(a) Could not have been prevented by reasonable precaution; and
(b) Cannot reasonably be circumvented by the grantee through the use of alternate sources, work-around plans, or other means; or
(2) If and to the extent such failure or delay is caused, directly or indirectly, by fire, flood, earthquake, hurricane, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, or court order.
(C) Force majeure event. Upon the occurrence of an event which satisfies any of the conditions set forth above (a "force majeure event") the grantee shall be excused from any further performance of those of its obligations pursuant to this chapter and the franchise affected by the force majeure event for as long as:
(1) Such force majeure event continues; and
(2) The grantee continues to use commercially reasonable efforts to recommence performance whenever and to whatever extent possible without delay.
(D) Notice. Upon the occurrence of a force majeure event, the grantee shall immediately notify the county by telephone, to be confirmed by written notice, of the occurrence of a force majeure event and shall describe in reasonable detail the nature of the force majeure event.
(E) Procedure prior to revocation.
(1) The county shall make written demand that the grantee comply with any such requirement, limitation, term, condition, rule or regulation or correct any action deemed cause for revocation.
(a) If the failure, refusal or neglect of the grantee continues for a period of 30 days following such written demand, the county shall place its request for revocation of the franchise upon a regular Council meeting agenda.
(b) The county shall cause to be served upon the grantee, at least seven days prior to the date of such Council meeting, a written notice of this intent to request such revocation, and the time and place of the meeting, notice of which shall be published by the county clerk at least twice, 7 and 14 days respectively, before such meeting, in a newspaper of general circulation within the county.
(2) The Council shall hear any persons interested therein, including the grantee, and shall determine in its discretion whether or not any failure, refusal or neglect by the grantee was with just cause.
(3) If such failure, refusal or neglect by the grantee was with just cause, as defined by the county, the Council shall direct the grantee to comply within such time and manner and upon such terms and conditions as are reasonable.
(4) If the Council shall determine such failure, refusal or neglect by the grantee was without just cause, then the Council shall, by resolution, declare that the franchise of the grantee shall be revoked and bond shall be forfeited, unless there is compliance by the grantee within 90 days.
(F) Termination. In the event a franchise is revoked or otherwise terminated, the county may, in its sole discretion, do any of the following:
(1) Purchase the system under the procedures set forth in § 111.025;
(2) Effect a transfer of ownership of the system to another party for good and sufficient considerations, which shall be an amount at least equal to the fair market value of the system under the original grantee's operation, in accordance with the Cable Act; and/or
(3) Order the removal of all system facilities from the county within a reasonable period of time.
(G) Facilities removal. In removing its system facilities, the grantee shall refill, at its own expense, any excavation that shall be made by it and shall leave all public ways and places in as good a condition, normal wear and tear excepted, as was prevailing prior to the grantee's removal of system facilities.
(1) The county shall inspect and approve the condition of the public ways and public places and cables, wires, attachments and poles after removal.
(2) The liability, indemnity, insurance and performance bond as provided herein shall continue in full force and effect during the period of removal and until full compliance by the grantee with the terms and conditions of this subsection, this chapter and the franchise agreement is reached.
(H) Performance failure.
(1) In the event of a failure by the grantee to complete any work required by Sections 5 and/or subsection (e) above or any other work required by county law or ordinance, and upon reasonable notice to the grantee, the county may cause such work to be done and grantee shall reimburse the county the reasonable costs thereof within 30 days after verification of an itemized list of such costs.
(2) The county shall be permitted to seek legal and equitable relief to enforce the provisions of this section.
(Ord. 3502, passed 10-7-02)