BC 1998 02 16 - Laserfiche WebLink

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507 shall include a copy of the audit report. 4.16 FORFEITURE OR REVOCATION. A. Grounds for Revocation. 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: (1) If the Grantee shall default in the performance of any of the material obligations under this Ordinance or under any related documents, contracts and other terms and provisions entered into by and between the County and the Grantee. (2) 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. (3) If the Grantee shall violate any orders or rulings of any regulatory body having jurisdiction over the Grantee relative to this Ordinance or the Franchise. (4) If the Grantee attempts to evade any of the provisions of this Ordinance or the Franchise or practices any fraud or deceit upon the County or cable subscribers. (5) The Grantee's construction schedule is delayed later than the schedule contained in the Franchise or beyond any extended date set by the County. (6) The Grantee becomes insolvent, unable or unwilling to pay its debts or is adjudged bankrupt. (7) Failure to restore service after seven (7) consecutive days of interrupted service system-wide, except when approval of such interruption is obtained from the County. (8) Material misrepresentation of fact in the application for or negotiation of the Franchise or any extension or renewal thereof. (9) If the Grantee ceases to provide services for any reason within the control of the Grantee over the Cable Television System. B. Effect of Circumstances Beyond Control of Grantee. The Grantee shall not be declared at fault or be subject to any sanction under any provision of this Ordinance in any case, in which performance of any such provision is prevented by 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. C. Effect of Pending Litigation. 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 Ordinance or the Franchise unless a stay is granted by a regulatory body of a court of competent jurisdiction. 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. D. Procedure Prior to Revocation. (1) The County shall make written demand that the Grantee 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 ninety (90) days following such written demand, the County shall place its request for termination of the Franchise upon a regular Commission Board meeting agenda. The County shall cause to be served upon such Grantee at least thirty (30) days prior to the date of such Commission Board 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 (7) days before such meeting in a newspaper of general circulation within the County. (2) The Commission 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. (3) If such failure, refusal or neglect by the Grantee was with just cause, as defined by the County, the Commission Board shall direct the Grantee to comply within such time and manner and upon such terms and conditions as are reasonable. (4) If the Commission Board shall determine such failure, refusal, or neglect by the Grantee was without just cause, then the Commission Board 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 ninety (90) days.