<div class="chunk-title">Sec. 40-69. - Forfeiture or revocation.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Grounds for revocation.</span> The county reserves the right to revoke any franchise granted under this article
               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 article
               and the franchise grant:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               If the grantee shall default in the performance of any of the material obligations
               under this article or under such documents, contracts and other terms and provisions
               entered into by and between the county and the grantee.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               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 in this article.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               If the grantee shall violate any orders or rulings of any regulatory body having jurisdiction
               over the grantee relative to this article or the franchise.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               If the grantee evades any of the sections of this article or the franchise or practices
               any fraud or deceit upon the county or cable subscribers.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               The grantee's construction schedule is delayed later than the schedule contained in
               the franchise or beyond any extended date set by the county.
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               The grantee becomes insolvent, unable or unwilling to pay its debts or is adjudged
               bankrupt.
               </p>
            		
            <p class="incr1">
               (7)
               </p>
            		
            <p class="content2">
               Failure to restore service after 96 consecutive hours of interrupted service, except
               when approval of such interruption is obtained from the county.
               </p>
            		
            <p class="incr1">
               (8)
               </p>
            		
            <p class="content2">
               Material misrepresentation of fact in the application for or negotiation of the franchise
               or any extension or renewal thereof.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <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
               section of this article in any case in which performance of any such section is prevented
               for 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 which
               the grantee controls.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               <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 article or the franchise unless such regulatory body or court has issued
               a valid order excusing such performance. Failure of the grantee to perform such obligations
               because of pending litigation or petition may result in forfeiture or revocation pursuant
               to this section.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               <span class="ital">Procedure prior to revocation.</span> The procedure prior to revocation of the franchise is as follows:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               The county shall make written demand that the grantee do so 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 30 days following such written demand, the county shall place its request
               for termination of the franchise upon a regular commission meeting agenda. The county
               shall cause to be served upon such grantee, at least seven days prior to the date
               of such commission 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.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               The commission 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.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               If such failure, refusal or neglect by the grantee was with just cause, as defined
               by the county, the commission shall direct the grantee to comply within such time
               and manner and upon such terms and conditions as are reasonable.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               If the commission shall determine such failure, refusal, or neglect by the grantee
               was without just cause, the commission 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.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               <span class="ital">Disposition of facilities.</span> If a franchise expires, is revoked or otherwise terminated, the county may, in its
               sole discretion, do any of the following:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Purchase the system under the procedures set forth in <a href="" data-chunk-id="COOR_CH40TE_ARTIICACO_DIV2FR_S40-74RIREGR" class="section-link" data-product-id="13891">section 40-74</a>.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Effect a transfer of ownership of the system to another party.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               Order the removal of the system facilities 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.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               <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 as 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 in this
               article 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
               article and the franchise.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               <span class="ital">Restoration by county; reimbursement of costs.</span> If the grantee fails to complete any work required by <a href="" data-chunk-id="COOR_CH40TE_ARTIICACO_DIV2FR_S40-58USPURI-W" class="section-link" data-product-id="13891">sections 40-58</a>, <a href="" data-chunk-id="COOR_CH40TE_ARTIICACO_DIV2FR_S40-60RE" class="section-link" data-product-id="13891">40-60</a> and/or subsection (f) of this section 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 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 or letter of credit
               provided by the grantee. The county shall be permitted to seek legal and equitable
               relief to enforce this section.
               </p>
            		
            <p class="incr0">
               (h)
               </p>
            		
            <p class="content1">
               <span class="ital">Extended operation.</span> Upon either the expiration or revocation of a franchise, the county may request 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
               communications system under the terms and conditions of this article 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 this subsection.
               </p>
            		
            <p class="historynote0">
               (Code 1995, Â§ 517.024)
               </p></div>