<div class="chunk-title">Sec. 23-58. - Forfeiture or revocation.</div>
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            <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 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 ordinance 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 the franchise 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>
            		
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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.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               If the grantee shall violate any orders or rulings of the county relative to this
               article or the franchise.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               If the grantee practices any fraud or engages in any unfair or deceptive act or practice
               upon the county or cable subscribers under chapter 75-1.1 of the consumer protection
               laws of the State of North Carolina.
               </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="incr1">
               (9)
               </p>
            		
            <p class="content2">
               If the grantee willfully, arbitrarily, or without just cause, ceases to provide services
               over the cable communications system.
               </p>
            		
            <p class="incr1">
               (10)
               </p>
            		
            <p class="content2">
               Failure to provide service to potential subscribers as provided for in this article.
               </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 in default or be subject to any sanction under
               any provision of this article in any case, in which performance of any such provision
               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 in which the grantee holds a controlling interest whether held directly or
               indirectly.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               <span class="ital">Performance of obligations.</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. 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.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               <span class="ital">Procedure prior to revocation.</span>
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               The county shall make written demand that the grantee complies 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, or such longer period of time as
               may be set by the county, the county may place its request for termination of the
               franchise upon a regular board meeting agenda. The county shall cause to be served
               upon such grantee at least seven days prior to the date of such board meeting, a written
               notice of this intent to request such termination, the reason therefor, and the time
               and place of the meeting, notice of which shall be published by the clerk to the board
               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 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.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               If such failure, refusal or neglect by the grantee was with just cause, as determined
               by the county, the board 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 board shall determine such failure, refusal, or neglect by the grantee was
               without just cause, then the board may, 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> In the event a franchise expires, is revoked or otherwise terminated, the county
               may in its sole discretion, 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 reasonably 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
               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
               article and the franchise.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               <span class="ital">Restoration by county; reimbursement of costs.</span> In the event of a failure by the grantee to complete any work required hereunder,
               or any other work required by state law or county 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 grantee. The county shall
               be permitted to seek legal and equitable relief to enforce the provisions of 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 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
               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 the provisions of this section.
               </p>
            		
            <p class="historynote0">
               (Ord. of 10-10-05, Â§ 25-103)
               </p></div>