§ 26-26. Revocation of franchise.

(a)

In addition to all of the rights and powers reserved or pertaining to the city, the city reserves as an additional and as a separate and distinct power the right to terminate the franchise and all rights and privileges of a grantee under this chapter in any of the following events or for any of the following reasons:

(1)

A grantee shall by act or omission violate any term or condition of this chapter and within 30 days following written demand by the city shall fail to effect compliance.

(2)

Any provision of this chapter shall be finally adjudged by a court of law invalid or unenforceable and the governing body further finds that such provision constitutes at that time a consideration material to the continuance of the franchise herein granted.

(3)

A grantee becomes insolvent, unable or unwilling to pay its debts or is adjudged a bankrupt or all or part of grantee's facilities are or are to be sold under an instrument to secure a debt and are not redeemable by the grantee within 30 days from such sale.

(4)

A grantee attempts to or does practice any fraud or deceit in its conduct or relations under the franchise with the city or subscribers or potential subscribers.

(b)

A grantee shall not be declared at fault or be subject to any sanction under any provision of this chapter in any case in which performance of any such provision is prevented for reasons beyond its control.

(Code 1976, § 8-28)