§ 17-250. Forfeiture and termination.

(a)

In addition to all other rights and powers retained by the city under this article or otherwise, the city reserves the right to forfeit and terminate a license and all rights and privileges of a grantee in the event of a material breach of its terms and conditions. In interpreting this article, material provisions shall include all labeled as such, and all others, which under all the facts and circumstances indicated, are a significant provision of the license agreement. A material breach by a grantee shall include, but shall not be limited to, the following:

(1)

Violation of any material provision of the license or any material rule, order, regulation or determination of the city made pursuant to the license;

(2)

Attempt to evade any material provision of the license or practices any fraud or deceit upon the city or its subscribers or customers;

(3)

Failure to begin or complete any system construction or system extension, as provided under the license;

(4)

Failure to provide the types of services promised; assuming the grantee has unsuccessfully pursued whatever recourse is available under Section 625 of the Federal Cable Communications Policy Act of 1984;

(5)

Failure to restore service after ninety-six (96) consecutive hours of interrupted service, except when approval of such interruption is obtained from the city; or

(6)

Material misrepresentation of fact in the application for, or negotiation of, a license.

(b)

The foregoing shall not constitute a material breach if the violation occurs, but it is without fault of a grantee or occurs as a result of circumstances beyond its control. A grantee shall not be excused by mere economical hardship nor by misfeasance or malfeasance of its shareholders, directors, officers or employees.

(c)

The city may make a written demand that a grantee comply with any such provision, rules, order or determination under or pursuant to this article and license agreement. If the violation by the grantee continues for a period of thirty (30) days following such written demand without written proof that the corrective action has been taken or is being actively and expeditiously pursued, the city may place the issue of termination of a license before the council members. The city shall cause to be served upon the grantee, at least twenty (20) days prior to the date of such a 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 council members are to consider.

(d)

The council members shall hear and consider the issue and shall hear any person interested therein and shall determine, in its direction, whether or not any violation by the grantee has occurred.

(e)

If the council members shall determine the violation by a grantee was the fault of the grantee and within its control, the council members may, by resolution, declare that the license of the grantee shall be forfeited and terminated, unless there is compliance within such period as the council members may fix, such period not to be less than sixty (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 council agenda at the expiration of the time set by it for compliance. The council members then may terminate a license forthwith upon finding that the grantee has failed to achieve compliance or may further extend the period in their discretion.

(Ord. No. 87-0-23, § 1, 10-13-87; Ord. No. 94-0-3, § 1, 1-24-94)