Ordinance # 2 - Laserfiche WebLink

Home Browse Search

SECTION 26. TERMINATION The Franchising Authority reserves the right to terminate and cancel any Franchise granted hereunder and rescind all rights and privileges associated therewith in the event that : A. The Franchisee substantially violates any material provision of this Franchise , attempts to evade any of the material provisions of the Franchise or is found by a court of law to have practiced any fraud or deceit upon the Franchising Authority; B . The Franchisee is adjudicated insolvent , enters into receivership or liquidation , files an application for bankruptcy or for composition of creditors , is unable to pay its debts as they mature or is in financial difficulty or sufficient consequence so as to jeopardize the continued operation of the Cable System; or C. The Franchisee commits any material violation or ruling of any FCC or applicable state order or ruling, or the order of any other governmental body having jurisdiction over the Franchisee , unless the Franchisee is lawfully contesting the legality or applicability of such rule or order . D. The Franchisee fails to provide Cable Service to ten percent ( 10%) of the lawful Subscribers in the Heartland .Cable Commission Franchise area for a period of seven ( 7 ) or more days . Franchisee shall not be responsible for failure to provide Cable Service to the extent such failure results from events not within Franchisee' s control , including , but not limited to , acts of God, strikes , inability to obtain materials or contract labor , sabotage . riots or civil disturbances . loss of utilities and natural disasters . Upon the occurrence of any of the above listed events , the Franchising Authority shall provide the Franchisee with written notice citing the reasons alleged to constitute cause for termination of the Franchise . The Franchising Authority shall allow the Franchisee a reasonable time , but in any event no less than thirty ( 30) days subsequent to receipt of the notice , in which to remedy the cause . If, during such period, the cause is remedied to the satisfaction of the Franchising Authority, the Franchising Authority shall declare the notice to be null and void . If the cause is not remedied to the satisfaction of the Franchising Authority during such period, the Franchising Authority shall provide the Franchisee with an opportunity to be heard at a public hearing before the Franchising Authority prior to adoption of any action for the termination of the Franchise . In the event that the Franchising Authority takes any action to terminate the Franchise , the Franchisee shall have a period of thirty ( 30 ) days , beginning the day next following the date at which action to terminate the Franchise is ordered , within which to file an appeal with a court of competent jurisdiction . During such thirty ( 30 ) day period and until the final determination of the appeal , if an appeal is taken , the Franchise shall remain in full force and effect , unless the term thereof sooner