Jackson Municipal Code Div. IX Termination and Renewal

It shall be the right of all subscribers to receive all available services insofar as their financial and other obligations to the grantee are honored. In the event that the grantee elects to overbuild, rebuild, modify or sell the system, or the grantor revokes or fails to renew the franchise, the grantee shall do everything in its power to ensure that all subscribers receive continuous, uninterrupted service regardless of the circumstances during the lifetime of the franchise. In the event of a change of grantee, the current grantee shall cooperate with the grantor to operate the system for a temporary period, in maintaining continuity of service to all subscribers.

(Ord. 483 §1, 1984)

A. Upon expiration of the initial term of the franchise, the grantor shall have the right, at its election to:

1. Renew or extend the franchise;

2. Invite additional franchise applications or proposals;

3. Terminate the franchise without further action.

B. The grantee shall make it a condition of each contract entered into by it that the grantor shall have the right to exercise these options.

(Ord. 483 §1, 1984)

The franchise may be renewed or extended by the grantor, upon application of the grantee. Nothing in the provision shall be construed to require such renewal or extension.

(Ord. 483 §1, 1984)

A. In addition to any rights set out elsewhere in this document, the grantor reserves the right to revoke the franchise, and all rights and privileges pertaining thereto, in the event that:

1. The grantee violates any material provision of the franchise;

2. The grantee's construction schedule is unreasonably delayed by grantee for over eighteen months;

3. The grantee becomes insolvent, unable or unwilling to pay its debts, or is adjudged bankrupt; or

4. The grantee is found to have practiced any fraud or deceit upon the grantor.

B. Upon failure of the grantee to comply with the terms of the franchise, the city council may by resolution declare a forfeiture, whereupon all rights of the holders of the franchise shall immediately be divested without a further act upon the part of the grantor, and the grantee shall forthwith remove its structures or property from the streets and restore the streets to such condition as the grantor may require, or grantor may take possession thereof. The grantor may perform the service and collect the cost thereof from the grantee or its customers. Additional costs thereof shall be a lien upon all plant and property of the grantee.

(Ord. 483 §1, 1984)

The grantor shall have the right to revoke the franchise one hundred twenty days after the appointment of a receiver, or trustee, to conduct the business of the grantee, where receivership, reorganization, bankruptcy or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred twenty days, or unless:

A. Within one hundred twenty days after his or her selection or appointment, such receiver or trustee shall have fully complied with all of the provisions of the franchise and remedied all defaults thereunder;

B. Such receiver or trustee, within said one hundred twenty days, shall have executed an agreement, 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 the franchise;

C. City may take over possession and operate the system until a new suitable franchise award can be made.

(Ord. 483 §1, 1984)