§ 6.26.310. Revocation and termination.

A.

In addition to all other rights and powers retained by the metropolitan government under the franchise ordinance codified in this chapter or otherwise, the metropolitan government reserves the right to revoke and terminate any franchise issued by authority of the ordinance codified in this chapter, and all rights and privileges of grantee hereunder shall cease in the event of material breach, subject to reasonable notice and opportunity to cure, of its terms and conditions. A material breach of grantee shall include, but shall not be limited to, the following:

1.

Grantee's violation of any material provision of the franchise ordinance codified in this chapter or any material rule, order or regulation of the metropolitan government made pursuant to the franchise ordinance codified in this chapter;

2.

Grantee's failure to properly compensate the metropolitan government as required in the franchise ordinance codified in this chapter;

3.

Grantee's attempt to evade any material provision of the franchise ordinance codified in this chapter or to practice any fraud or deceit upon the metropolitan government or upon grantee's end-user customers or interexchange carriers;

4.

Grantee's failure to comply with Section 6.26.060 of this chapter;

5.

For failure to file and maintain the bond, security or insurance required under this chapter;

6.

Grantee's failure to comply with Section 6.26.290 of this chapter;

7.

Grantee's failure to respond to or comply with reports, audits, statements and other information lawfully requested by the metropolitan government;

8.

Grantee's failure to operate its system for six months after it has been constructed; or

9.

Grantee's material misrepresentation of fact in its application or negotiations during the franchise process; or the conviction of any director, officer, employee or agent of grantee for the offense of bribery or fraud connected with or resulting from the award of the franchise to grantee.

B.

The foregoing shall not constitute a material breach if the violation occurs without the fault of grantee or occurs as a result of circumstances beyond its control. Grantee shall not be excused by mere economic hardship, nor misfeasance or malfeasance of its directors, officers or employees. Revocation or termination shall only take place for material cause.

C.

If any provision of this chapter shall be preempted by state or federal regulations, or finally adjudged by a court of law invalid or unenforceable and the council further finds that such provision constitutes at that time a consideration material to the continuance of the franchise herein granted, the metropolitan government reserves the right to revoke and terminate any franchise issued under authority of this chapter.

(Amdt. 1(27), (28), (29), (30), (31) to Ord. 94-1103, 7/19/94; Ord. 94-1103 § 31, 1994)