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2.4 Franchise Revocation Procedures: <br /> A. Whenever the Grantee shall refuse, neglect or willfully fail to construct, <br /> operate, maintain, repair or upgrade its Cable Television System or to provide service <br /> to its Subscribers in substantial accordance with the Cable Act, the terms of this <br /> ordinance and the Franchise Agreement, or to comply with the conditions of occupancy <br /> of any Public Ways, or to make required extensions of service, or in any other way "" <br /> substantially violates the Cable Act, the terms and conditions of this ordinance, the <br /> Franchise Agreement, or any applicable rule or regulation, or practices any fraud orCr."! <br /> deceit upon the City or its Subscribers, or fails to pay franchisee fees when due, or if a E. <br /> Grantee becomes insolvent, or unable to or unwilling to pay its uncontested debts, the <br /> Franchise may be subject to revocation proceedings as set forth below. <br /> B. In the event the City Manager or designee believes that grounds for <br /> revocation exists, or have existed,the City Manager or designee must notify the Grantee <br /> in writing, setting forth the nature and facts of such noncompliance. If, within sixty(60) <br /> days following such written notification, the Grantee has not furnished reasonably <br /> satisfactory evidence that corrective action has been taken or is being actively and <br /> expeditiously pursued, or that the alleged violations did not occur, or that the alleged <br /> violations were beyond the Grantee's control, the City Manager or designers may <br /> thereupon refer the matter to City Council. <br /> C. Upon referral from the City Manager, designee or by its own motion the <br /> City Council may revoke the Franchise pursuant to this section. <br /> D. The City shall not revoke the Franchise herein granted until the City has <br /> given written notice to the Grantee that it proposes to take such an action and the <br /> grounds therefor. Further, the City shall not revoke the Franchise until the Grantee, or <br /> its representative, has had reasonable opportunity to be heard before the City Council <br /> and show that the proposed grounds for revocation did not or do not exist, as the case <br /> maybe. <br /> E. The Grantee shall not be subject to the sanctions of this section for any <br /> act or omission wherein such act or omission was beyond the Grantee's control. An act <br /> or omission shall not be deemed to be beyond the Grantee's control if committed, <br /> omitted, or caused by a corporation or other business entity which holds a controlling <br /> interest in the Grantee, whether held directly or indirectly. Further, the inability of the <br /> Grantee to obtain financing, for whatever reason, shall not be an act or omission which <br /> is "beyond the Grantee's control." <br /> 2.5 Franchise Fee: <br /> A. The Grantee, in consideration of the privilege granted under the Franchise <br /> for the operation of a Cable Television System within the Public Ways of the City, and <br /> the expense to the City of regulation and administration arising therefrom, shall pay <br /> quarterly to the City five percent (5%) of the Gross Revenues derived in such period <br />