§ A235-17. Termination and procedures upon termination.

The Township shall have the right to terminate any cable television franchise in the event of the failure of the franchise holder (grantee) to perform any material provision of this chapter or in the event of any breech of the franchise agreement. In considering termination for just cause, initiated by the Township, the following provisions shall apply exclusively:

A. 

Notice of violation. In the event that the Township alleges that the grantee has not complied with the terms of this chapter or the franchise agreement, it shall notify the grantee of the exact nature of the alleged noncompliance.

B. 

Grantee's right to cure or respond.

(1) 

Grantee shall have 30 days after receipt of the notice described in this section to:

(a) 

Respond to the Township, contesting the allegation on noncompliance; or

(b) 

To cure such default, if it cannot be cured within a period of 30 days, to specifically describe and immediately initiate reasonable steps to remedy such default, together with the projected date of completion.

(2) 

The Township may reject the grantee's proposed remedy and time for performance in the event the same is not reasonable as determined by the Township in the exercise of its sole discretion.

C. 

Public hearing. In the event that grantee fails to respond to the Township's notice, or in the event that the alleged default is not remedied within 30 days after the Township's initial notification (or any extension agreed to by the Township for performance), the Township shall schedule a public hearing to investigate the grantee's default. Ten days prior notice of the hearing shall be given to grantee. The hearing shall be conducted in accordance with the Local Agency Law.

D. 

Enforcement. Subject to the applicable Federal and Commonwealth law, in the event the Township, after hearing, determines that the grantee is in default of its franchise agreement or any of the provisions of this chapter, the Township may:

(1) 

Foreclose on all or any part of any security provided under this chapter, if any, including without limitation, any bonds or other surety; provided however, such foreclosure shall only be in such manner and in such amount as the Township reasonably determines is necessary to remedy default.

(2) 

Commence an action for equitable relief, monetary damages or both.

(3) 

Revoke the franchise agreement and terminate the grantee's right to operate a cable television system within the Township.

(4) 

Seek specific performance of any provision of the franchise agreement, plus damages, if applicable.

E. 

The grantee shall not be relieved of any of its obligations to comply promptly with any provisions of this chapter or the franchise agreement by reason of any failure of the Township to enforce prompt compliance. The Township's waiver of grantee's noncompliance or default, at any time, shall not act as a waiver of any future default. Provided, however, grantee shall not be held in default or noncompliance, nor suffer any enforcement or penalty relating thereto, where such is caused by strikes, act of God, power outages or other events reasonably beyond its ability to control.

F. 

Upon expiration of its franchise, should the grantee not have acquired an extension or renewal thereof and accepted the same, it may have and it is hereby granted the right to enter upon the public way or other Township property, subject to the requirement that it restore any disturbed areas to the condition immediately preexisting such removal. As a condition precedent thereto, the grantee shall compute and pay to the Township any and all sums then due and owing, computed as the effective date of the franchise termination. All final payments shall be due within 45 days of the termination date.