§ 9. Forfeiture of Grant and Privilege  


Latest version.
  • In case of failure on the part of KINNET, its successors and assigns, to comply with any of the provisions of this ordinance, or if KINNET, 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, KINNET, 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 proceeds to forfeit said ordinance, as in this section prescribed, it shall first serve a written notice upon KINNET, setting forth in detail in such notice the neglect or failure complained of, and KINNET shall have ninety days thereafter in which to comply with the conditions of this grant and privilege. If at the end of such ninety-day period the City deems that the conditions have not been complied with and that the ordinance is subject to cancellation by reason thereof, the City shall enact a repealing ordinance setting out the grounds upon which said grant and privilege is to be canceled or terminated. If within thirty days after the effective date of said repealing ordinance KINNET 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 KINNET has violated the terms of this ordinance and that the ordinance is subject to cancellation by reason thereof, this ordinance shall be canceled and terminated at the end of such thirty-day period. If within such thirty-day period KINNET does institute an action, as above provided, to determine whether or not KINNET has violated the terms of this ordinance and that the ordinance 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 ordinance is subject to cancellation by reason of the violation of its terms, this ordinance shall terminate thirty days after such final judgment is rendered. PROVIDED, however, that the failure of KINNET to comply with any of the provisions of this ordinance or the doing or causing to be done by KINNET 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 KINNET is due to any cause or delay beyond the control of KINNET, its successors and assigns, or to bona fide legal proceedings.