§ 93-13. Revocation and acceleration of expiration date.

A. 

Grounds for revocation or acceleration of expiration date. The Township reserves the right to accelerate the expiration of the franchise term and/or 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 this chapter and the franchise agreement:

(1) 

If the grantee shall default in the performance of any of the material obligations under this chapter or under such documents, contracts and other terms and provisions entered into by and between the Township and the grantee.

(2) 

If the grantee shall fail to provide or maintain in full force and effect the liability and indemnification coverage or any performance bond or security fund as required.

(3) 

If the grantee shall violate any lawful orders or rulings of any regulatory body having jurisdiction over the grantee relative to this chapter or the franchise.

(4) 

If the grantee practices any fraud upon the Township or any subscriber.

(5) 

If it is determined that the grantee underpaid its franchise fee by 15% or more for any year.

(6) 

If the grantee's construction schedule is delayed later than the schedule contained in the franchise agreement or beyond any extended date set by the Township.

(7) 

If there is an occurrence of any event which may reasonably lead to the foreclosure or other similar judicial or nonjudicial sale of all or any material part of the system, including, but not limited to, any of the following events: default under any loan or any financing arrangement material to the system or the obligations of the grantee under the franchise agreement, default under any contract material to the system or the obligations of the grantee under the franchise agreement or termination of any lease or mortgage covering all or any material part of the system.

(8) 

If in regards to any grantee: a grantee shall suspend or discontinue its business, shall make an assignment for the benefit of creditors, shall fail to pay its debts generally as they become due, shall become insolvent (however such an insolvency may be evidenced), shall be adjudicated insolvent, shall petition or apply to any tribunal for, or consent to, the appointment of, or taking possession by, a receiver, custodian, liquidator or trustee or similar official pursuant to state or local laws, ordinances or regulations of or for it of any substantial part of its property, or assets, including all or any part of this system; or a writ or warrant of attachment, execution, distraint, levy, possession or any similar process shall be issued by any tribunal against all or any material part of a grantee's property or assets; or any creditor of a grantee petitions or applies to any tribunal for the appointment of, or taking possession by, a trustee, receiver, custodian, liquidator, or similar official for the grantee or of any substantial parts of the assets of the grantee under the law of any jurisdiction, whether now or hereinafter in effect, and an order, judgment or decree is entered appointing any such trustee, receiver, custodian, liquidator or similar officials or approving the petition in any such proceedings; or any order, judgment or decree is entered in any proceedings against a grantee decreeing the voluntary or involuntary dissolution of the grantee.

(9) 

If there is a failure to restore service after 96 consecutive hours of total system outage in forty 40% or more of the system, except when approval of such interruption is obtained from the Township or is excused pursuant to Subsection B.

(10) 

If the grantee transfers the franchise or transfers control or a controlling interest in any system, franchise or in the grantee itself without the prior written consent of the Township pursuant to the provisions set forth in § 93-11 of this chapter.

B. 

Effect of circumstances beyond control of grantee. Notwithstanding any other provisions of this chapter or the franchise agreement, a grantee shall not be liable for delay in performance of or failure to perform in whole or in part its obligations pursuant to the franchise agreement or this chapter, due to strike, war or act of war (whether an actual declaration of war is made or not), insurrection, riot, act of public enemy, accident, fire, flood or other act of God, sabotage or other events, where a grantee has exercised all due care in the prevention thereof and to the extent that such causes or other events are beyond the control of the grantee and such causes or events are without the fault or negligence of the grantee. In the event that any such delay in performance or failure to perform affects only part of a company's capacity to perform, the company shall perform to the maximum extent that it is able to do so and shall take all steps within its power to correct such cause or causes. In correcting such cause or causes, a grantee shall take all reasonable steps to do so in as expeditious a manner as possible. A grantee shall notify the Township, in writing, of the occurrence of an event covered by this subsection within five business days of the date upon which the grantee learns of its occurrence. Shortage or unavailability of equipment from suppliers shall not be deemed to be beyond the control of the grantee in regard to any construction delays.

C. 

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 chapter or the franchise agreement. 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. The Township shall comply with any related court orders.

D. 

Procedure prior to revocation.

(1) 

The Township shall make written demand that the grantee do so comply with any such requirement, limitation, term, condition, rule or regulation or correct any action deemed cause for revocation. After written demand is made, the Township may place its request for revocation of the franchise upon a regular board meeting agenda. The Township shall cause to be served upon such grantee, at least seven days prior to the date of such board meeting, a written notice of this intent to request such revocation and the time and place of the meeting, notice of which shall be published by the Township once, at least seven days before such meeting, in a newspaper of general circulation within the Township.

(2) 

The 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 determined by the Board, the Board shall direct the grantee to comply within such time and manner and upon such terms and conditions as are reasonable.

(4) 

If the Board shall determine such failure, refusal or neglect by the grantee was without just cause, then the Board may, by resolution, declare that the franchise of the grantee shall be revoked and the performance bond forfeited.

E. 

Disposition of facilities. In the event that a franchise expires, is revoked or otherwise terminated, the Township may in its sole discretion, do any of the following:

(1) 

Order the removal of the system facilities from the Township within a reasonable period of time as determined by the Township.

(2) 

Require the grantee to maintain and operate its system for a period of up to 18 months or such further time as may be mutually agreed upon. During any time the grantee continues to operate the system it shall do so pursuant to the terms of this chapter and its franchise agreement and shall be entitled to the revenues from the system.

(3) 

Order that the system be transferred to another cable operator.

F. 

Restoration of property. In removing its plant, structures and equipment, the grantee shall refill, at its own expense, any excavation that shall be made by it and shall leave all public ways and places in as good a condition or better as that prevailing prior to the grantee's removal of its equipment and appliances without affecting the electrical or telephone cable wires or attachments. The Township shall inspect and approve the condition of the public ways and public places and cables, wires, attachments and poles after removal. The liability, indemnity, insurance and performance bond as provided herein shall continue in full force and effect during the period of removal and until full compliance by the grantee with the terms and conditions of this section, this chapter and the franchise agreement.

G. 

Restoration by Township; reimbursement of costs. In the event of a failure by the grantee to complete any work required Subsection E or F of this section, or any other work required by Skippack law or ordinance within the time as may be established and to the satisfaction of the Township, the Township may cause such work to be done and the grantee shall reimburse the Township the cost thereof within 30 days after receipt of an itemized list of such costs or the Township may recover such costs through the performance bond or letter of credit provided by grantee. The Township shall be permitted to seek legal and equitable relief to enforce the provisions of this section.