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,:-CITY OF N~:TH OLMSTED <br />" ORDINANCE N0. 80-29 ~ , <br />PAGE 19 <br />of its franchise. At such hearing, the Council shall consider the <br />adequacy of the franchise from the standpoint of the City, the <br />Grantee and the Federal Communications Commission Rules for cable <br />television, and determine the advisability of renewing the Grantee's <br />franchise for a period of ten (10) years. <br />(d) The Council shall hear any interested persons during <br />said meeting and shall determine whether or not the Grantee did <br />reasonably comply with the terms and conditions imposed by this <br />Ordinance and the franchise. <br />(e) If the Council determines that the Grantee's performance <br />has been satisfactory, in accordance with the terms and conditions <br />imposed by this Ordinance and the franchise, the Council may re- <br />new the Grantee's franchise for a period of ten (10) years. The <br />City shall have the right to recoup from the Grantee those dir- <br />ect expenses above normal administrative costs incurred pursuant <br />to renewal of the franchise. <br />(f) If the Council determines that the performance of the <br />Grantee has not been satisfactory, under the terms and conditions <br />imposed by this Ordinance and the franchise, it shall have the <br />right not to renew the franchise. In such event, the City shall <br />have the option on the expiration date of the franchise to select <br />a new grantee after a public proceeding. <br />SECTION 25: REVOCATION OF FRANCHISE <br />(a) In addition to all other rights and powers reserved or <br />pertaining to the City, the City reserves as an additional and as <br />a separate and distinct remedy the right to revoke this franchise <br />and all rights and privileges of the Grantee hereunder in any of <br />the following events or for any of the following reasons: <br />(1) The Grantee shall, by act or omission, violate any <br />material term or condition of this Ordinance and shall with- <br />in thirty (30) days following written demand by the City to <br />effect such compliance fail to do so; or <br />(2) The Grantee fails to begin or complete construc- <br />tion as provided under the franchise and the Grantee's ap- <br />plication as incorporated herein; or <br />(3) Any provision of this Ordinance shall be finally <br />adjudged by a court of law invalid or unenforceable, and <br />the Council of the City further finds that such provision <br />constitutes at that time a consideration material to the <br />continuance of the franchise herein granted; or <br />(4) The Grantee becomes insolvent, unable or unwill- <br />ing to pay its debts, or is adjudged a bankrupt, and the <br />conditions in Section 26 have not been met, or all or part <br />of the Grantee's faciltiies should be sold under an instru- <br />ment to secure a debt and are not redeemed by Grantee with- <br />in thirty (30) days from said sale; or <br />(5) The Grantee fails to restore service following <br />ninety-six (96) consecutive hours of interrupted service, <br />except when approval of such interruption is obtained from <br />the City; or <br />(6) The Grantee attempts to or does practice any fraud <br />or deceit in its conduct or relations with the City under <br />this franchise. <br />(b) No such revocation shall be effective unless or until <br />the Council of the City shall have adopted an ordinance setting <br />forth the cause and reason for the revocation and the effective <br />date thereof, which ordinance shall not be adopted without thirty <br />(30) days prior notice thereof to the Grantee and an opportunity <br />for the Grantee to be heard upon the proposed adoption of said <br /> <br />