§ 8A-143. Forfeiture of License.

(a)

In addition to all other rights and powers of the County by virtue of a License granted under this article or otherwise, the County reserves the right to terminate and cancel a License granted under this article and all rights and privileges of the Licensee hereunder in the event that the Licensee:

(1)

Materially violates any provision of a License granted hereunder, or any rule, order or determination of the County Manager or the Commission made pursuant to a License granted under this article, except where such violation, other than under Section 8A-140 or subsection (b) below, is without fault of the Licensee or occurs through excusable neglect.

(2)

Becomes insolvent, unable or unwilling to pay its debts or is adjudged bankrupt.

(3)

Attempts to dispose of any of the facilities of property of its CATV business to prevent the County from recovering any payments due or any losses or damages arising out of the License.

(4)

Attempts to evade any of the provisions of a License granted hereunder or practices any fraud or deceit upon the County.

(5)

Fails to begin, or to complete, construction under a License granted hereunder before such time limitation established herein.

(b)

After a License is granted under this article and if Licensee fails to maintain the minimum reception standards as herein set forth or fails to abide by the terms and conditions of this article, after reasonable notice by the County Manager, said Licensee may be subject to having its License cancelled by the Commission who shall notify the Licensee of the time and place of a meeting of the Commission at which the cancellation of said License shall be considered. The Licensee shall have an opportunity, in person or by attorney, to defend or explain its position to said Commission and may offer witnesses or evidence in support of its position.

(c)

Termination and cancellation of License shall be by resolution and shall in no way affect any of the County's rights under a License granted under this article or any provision of law.

(d)

The Commission shall have the right to cancel a License one hundred twenty (120) days after the appointment of a receiver, or trustee, to take over and conduct the business of the Licensee, whether in receivership, reorganization, bankruptcy, or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of the one hundred twenty (120) days, or unless:

(1)

Within one hundred twenty (120) days after election or appointment such receiver or trustee shall have fully complied with all of the provisions of this chapter and remedied all defects thereunder; and

(2)

Such receiver or trustee, within one hundred twenty (120) days shall have executed an agreement, duly approved by the court having jurisdiction in the premises, whereby such receiver or trustee assumes and agrees to be bound by each and every provision of this chapter and License granted to the Licensee.

(Ord. No. 74-88, §§ 2, 27, 10-15-74; Ord. No. 77-91, § 12, 12-20-77)