5.06.240 Forfeiture of franchise – abandonment – disposition of abandoned equipment.
(1) In addition to all other rights and powers of the Town by virtue of this franchise or otherwise, the Town reserves as a separate remedy the right to terminate and cancel this franchise and all rights and privileges of the Grantee hereunder in the event that the Grantee:
(a) Violates any provision of this franchise or any rule, order or determination of the Town or Town Council made pursuant to this franchise, except where such violation is without fault or through excusable neglect;
(b) Becomes insolvent, unable or unwilling to pay its debts, or is adjudged bankrupt;
(c) Grantee attempts or does commit fraud or deceit in its relations with the Town under the franchise;
(2) In the event the Grantee shall cease providing cable television service to subscribers for a period of more than 60 days, the Town shall have the right to terminate and cancel this franchise.
(3) Any such termination or cancellation shall be by Chapter duly adopted after 60 days notice to the grantee and shall in no way affect any of the Town’s rights under this franchise or any provision of law. In the event that termination and cancellation depends upon a finding of fact, such finding as made by the Town Council or its representatives shall be conclusive; provided, before this franchise may be terminated and cancelled under this Chapter, the Grantee must be given notice and an opportunity to be heard before a regular meeting of the Town Council. (Ord. 258-N, §1, 1998)