<div class="chunk-title">Sec. 20-36. - Forfeiture or revocation.</div>
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            <p class="incr0">
               (a)
               
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               <span class="ital">Grounds for revocation.</span> The county 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 the chapter and the franchise
               grant:
               
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               (1)
               
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               If the grantee shall default in the performance of any of the material obligations
               under this chapter or under any related documents, contracts and other terms and provisions
               entered into by and between the county and the grantee.
               
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               (2)
               
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               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.
               
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               (3)
               
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               If the grantee shall violate any orders or rulings of any regulatory body having jurisdiction
               over the grantee relative to this chapter or the franchise.
               
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               (4)
               
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               If the grantee attempts to evade any of the provisions of this chapter or the franchise
               or practices any fraud or deceit upon the county or cable subscribers.
               
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               (5)
               
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               The grantee's construction schedule is delayed later than the schedule contained in
               the franchise or beyond any extended date set by the county.
               
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               (6)
               
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               The grantee becomes insolvent, unable or unwilling to pay its debts or is adjudged
               bankrupt.
               
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               (7)
               
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               Failure to restore service after seven consecutive days of interrupted service system-wide,
               except when approval of such interruption is obtained from the county.
               
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               (8)
               
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               Material misrepresentation of fact in the application for or negotiation of the franchise
               or any extension or renewal thereof.
               
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               (9)
               
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               If the grantee ceases to provide services for any reason within the control of the
               grantee over the cable television system.
               
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               (b)
               
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               <span class="ital">Effect of circumstances beyond control of grantee.</span> The grantee shall not be declared at fault or be subject to any sanction under any
               provision of this chapter in any case, in which performance of any such provision
               is prevented by reasons beyond the grantee's control. A fault shall not be deemed
               to be beyond the grantee's control if committed by a corporation or other business
               entity in which the grantee holds a controlling interest whether held directly or
               indirectly.
               
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               (c)
               
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               <span class="ital">Effect of pending litigation.</span> Pending litigation or any appeal to any regulatory body or court having jurisdiction
               over the grantee shall not excuse the grantee from the performance of its obligations
               under this chapter or the franchise unless a stay is granted by a regulatory body
               of a court of competent jurisdiction. Failure of the grantee to perform such obligations
               because of pending litigation or petition may result in forfeiture or revocation pursuant
               to the provisions of this section.
               
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               (d)
               
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               <span class="ital">Procedure prior to revocation.</span>
               
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               (1)
               
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               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. If the failure, refusal or neglect of the grantee continues for a
               period of 90 days following such written demand, the county shall place its request
               for termination of the franchise upon a regular commission board meeting agenda. The
               county shall cause to be served upon such grantee at least 30 days prior to the date
               of such commission board meeting, a written notice of this intent to request such
               termination, and the time and place of the meeting, notice of which shall be published
               by the county clerk at least once, seven days before such meeting in a newspaper of
               general circulation within the county.
               
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               (2)
               
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               The commission board shall hear any persons interested therein, and shall determine
               in its discretion, whether or not any failure, refusal or neglect by the grantee was
               with just cause.
               
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               (3)
               
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               If such failure, refusal or neglect by the grantee was with just cause, as defined
               by the county, the commission board shall direct the grantee to comply within such
               time and manner and upon such terms and conditions as are reasonable.
               
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               (4)
               
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               If the commission board shall determine such failure, refusal, or neglect by the grantee
               was without just cause, then the commission board shall, by resolution, declare that
               the franchise of the grantee shall be terminated and the performance bond forfeited
               unless there is compliance by the grantee within a specified period of time not to
               exceed 90 days.
               
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            <p class="incr0">
               (e)
               
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               <span class="ital">Disposition of system.</span> In the event a franchise expires and renewal is denied, is revoked or otherwise terminated,
               the county may in its sole discretion, do any of the following:
               
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               (1)
               
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               Purchase the system under the procedures set forth in<a href="" data-chunk-id="PTIICOOR_CH20CATE_ARTIIGRFR_S20-41RIREGR" class="section-link" data-product-id="12658"> section 20-41</a> of this chapter.
               
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               (2)
               
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               Effect a transfer of ownership of the system to another party;
               
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               (3)
               
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               Order the removal of the system required by public necessity from the county within
               a reasonable period of time as determined by the county or require the original grantee
               to maintain and operate its system for a period of six months or until such further
               time as is mutually agreed upon.
               
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               (f)
               
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               <span class="ital">Restoration of property.</span> In removing its plant, structures and equipment, 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 or better than that prevailing prior to the grantee's
               removal of its equipment and appliances without affecting the electrical or telephone
               cable wires or attachments. The county shall inspect and approve the condition of
               the public ways and public places and cables, wires, attachments, and poles after
               removal. 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 paragraph, this chapter
               and the franchise.
               
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               (g)
               
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               <span class="ital">Restoration by county; reimbursement of costs.</span> In the event of a failure by the grantee to complete any work required by sections<a href="" data-chunk-id="PTIICOOR_CH20CATE_ARTIIGRFR_S20-23USPURI-W" class="section-link" data-product-id="12658"> 20-23</a> and<a href="" data-chunk-id="PTIICOOR_CH20CATE_ARTIIGRFR_S20-25USGRSY" class="section-link" data-product-id="12658"> 20-25</a> and/or (f) above, or any other work required by county law or ordinance within the
               time as may be established and to the satisfaction of the county, the county following
               reasonable notice to the grantee may cause such work to be done and the grantee shall
               reimburse the county the cost thereof within 30 days after receipt of an itemized
               list of such costs or the county may recover such costs through the performance bond
               provided by grantee. The county shall be permitted to seek legal and equitable relief
               to enforce the provisions of this section.
               
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            <p class="incr0">
               (h)
               
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               <span class="ital">Extended operation.</span> Upon either the expiration or revocation of a franchise, the county may require the
               grantee to continue to operate the system for a period of six months from the date
               of such expiration or revocation, or until such time as is mutually agreed upon. The
               grantee shall, as trustee for its successor in interest, continue to operate the cable
               television system under the terms and conditions of this chapter and the franchise
               and to provide the regular subscriber service and any and all of the services that
               may be provided at the time. The county shall be permitted to seek legal and equitable
               relief to enforce the provisions of this section.
               
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            <p class="historynote0">
               (Ord. No. 1998-05, art. IV, Â§ 4.16, 2-16-98)
               
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