(a) The City may terminate this Franchise at any time prior to its expiration date upon any material breach of any material term or condition of this Agreement. The City shall notify the Company in writing of its intent to terminate and the reason for its revocation. The Company shall be afforded sixty (60) days during which to adequately explain what has caused the alleged material breach or other grounds for termination. If it is determined that such breach was inadvertent, Company shall be afforded sixty (60) days during which to cure the alleged breach or to take affirmative action to commence to cure said breach. If the Company fails to cure or take affirmative action toward curing the breach within such sixty (60) day period and it appears that such breach was not inadvertent or immaterial, then the City shall schedule a public hearing on its intent to revoke the Franchise or impose the lesser penalty. Company shall be afforded the due process rights including notice, representation, the right to be heard and to examine and cross examine witnesses at such public hearing. After such public hearing, the City shall have the right to revoke the Franchise for just cause if said cause is established, or to impose a lesser penalty if so desired.
(b) In the event that revocation is imposed upon the Company, Company shall have the right to sell, transfer and convey the Cable Television System and its business operations within the City to a qualified purchaser at fair market value so long as the same is diligently pursued. Company shall be obligated to continue its operation of the Cable Television System and operation within the City until such sale. Prior to transfer or assignment of the Cable Television System to any purchaser Company must first obtain the written consent of City.
(Ord. 11-2005. Passed 2-15-05.)