§ 9. Forfeiture of Franchise.  


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  • In case of failure on the part of Adelphia Business Solutions, its successors and assigns, to comply with any of the provisions of this ordinance, or if Adelphia Business Solutions, its successors and assigns, should do or cause to be done any act or thing prohibited by or in violation of the terms of this ordinance, Adelphia Business Solutions, its successors and assigns, shall forfeit all rights and privileges granted by this ordinance and all rights hereunder shall cease, terminate and become null and void, provided that said forfeiture shall not take effect until the City of Wichita shall carry out the following proceedings. Before the City of Wichita proceeds to forfeit said franchise, as in this section prescribed, it shall first serve a written notice upon the manager of Adelphia Business Solutions at its principal office in the City of Wichita, and upon the trustee or trustees in any deed of trust securing bonds of Adelphia Business Solutions of record in Sedgwick County, Kansas, by mailing notice to such trustee or trustees to the address designated in such trust deed, setting forth in detail in such notice the neglect or failure complained of, and Adelphia Business Solutions shall have ninety days thereafter in which to comply with the conditions of this franchise. If at the end of such ninety-day period the City of Wichita deems that the conditions of such franchise have not been complied with by Adelphia Business Solutions and that such franchise is subject to cancellation by reason thereof, the City of Wichita, in order to terminate such franchise, shall enact an ordinance setting out the grounds upon which said franchise or agreement is to be canceled or terminated. If within thirty days after the effective date of said ordinance Adelphia Business Solutions shall not have instituted an action, either in the District Court of Sedgwick County, Kansas, or some other court of competent jurisdiction to determine whether or not Adelphia Business Solutions has violated the terms of this franchise and that the franchise is subject to cancellation by reason thereof, such franchise shall be canceled and terminated at the end of such thirty-day period. If within such thirty-day period Adelphia Business Solutions does institute an action, as above provided, to determine whether or not Adelphia Business Solutions has violated the terms of this franchise and that the franchise is subject to cancellation by reason thereof and prosecutes such action to final judgment with due diligence, then, in that event, in case the court finds that the franchise is subject to cancellation by reason of the violation of its terms, this franchise shall terminate thirty days after such final judgment is rendered. PROVIDED, however, that the failure of Adelphia Business Solutions to comply with any of the provisions of this ordinance or the doing or causing to be done by Adelphia Business Solutions of anything prohibited by or in violation of the terms of this ordinance shall not be a ground for the forfeiture thereof when such act or omission on the part of Adelphia Business Solutions is due to any cause or delay beyond the control of Adelphia Business Solutions, its successors and assigns, or to bona fide legal proceedings.