The City Council reserves the right to revoke the franchise and all rights and privileges pertaining thereto, in the event that the franchisee violates any of the material provisions of this chapter or is found to have practiced any fraud or deceit upon the City or the public; provided, however, that complaints by the public shall be considered pursuant to the provisions of § 41-37 of this chapter. Prior to any revocation proceedings under this section, the franchisee shall be given 60 days' notice in writing, by certified mail, which notice shall state in detail the grounds upon which the City seeks revocation. If the material violation has not been remedied to the satisfaction of the City, the City Council shall have the right to revoke said franchise, and all rights, privileges and licenses derived therefrom, forthwith by resolution. At the time any franchise has been so revoked, the City Council may require the former franchisee to remove all wires, cables and all other equipment associated with the cable television franchise, at its expense, within a period of 90 days.
Upon notice of the prospective foreclosure or other judicial sale of all or a substantial part of the system or upon the termination of any lease covering all or a substantial part of the system, the franchisee shall notify the City Manager of such fact, and such notification shall be treated as a notification that a change in control of the franchisee has taken place, and the provisions of Article III of this chapter shall apply.
Twelve months preceding the expiration of the initial term of a franchise granted pursuant to this chapter, the City shall have the right, at its election, to:
A. 
Renew or extend the franchise as provided in § 41-14;
B. 
Invite new applicants for the franchise; or
C. 
Purchase the system.
A franchise may be renewed or extended at the sole option of the City for a period of five years. Renewal consideration shall include but not be limited to the reports prepared throughout the life of the franchise reviewing the system's technical performance, the development of cable services, the cost of said services and a comparison of similar cable systems in other communities. The City retains the right to modify the terms of a franchise within the then-applicable provisions of state law as a condition of any such renewal or extension.
In the event that the City revokes a franchise pursuant to appropriate provisions of this chapter or upon the expiration of a franchise, the City shall have the right to purchase the cable system at a price not to exceed its then-fair market value. The fair market value shall be determined by an independent accounting firm, selected by the franchisee and the City, in accordance with generally accepted appraisal and accounting principles. The cost of such appraisal shall be shared equally by the franchisee and the City.
A franchisee shall be required to provide continuous service to all subscribers in return for payment of the established fee. If a franchisee overbuilds, rebuilds, modifies, sells the system or the City revokes or fails to renew a franchise or the franchise becomes void, a franchisee is required as part of its franchise to continue to operate the system until an orderly and lawful change of operation is effectuated. Under no circumstances shall this period of operation exceed six months from the date of occurrence of any of the above events. In the event that a franchisee fails to operate the system for five consecutive days without prior approval of the City Manager or the franchisee fails to continue operation on the occurrence of any of the events given in this section, the City or its agent shall have the right to operate system until such time that a new operator is selected. If the City is required to fulfill this obligation for the franchisee, the franchisee shall reimburse the City for any costs or damages that result from the franchisee's failure to operate the system as required.
Nothing herein shall be deemed or construed to impair or affect, in any way or to any extent, the right of the City to acquire the property of the franchisee through the exercise of the right of eminent domain, and nothing herein contained shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, the City's right of eminent domain with respect to any public utility or franchise.