Upon termination of the franchise by passage of time or otherwise, and unless grantee
transfers the cable system to a subsequent grantee approved by the city, grantee shall
remove its supporting structures, poles, transmission and distribution systems, and
all other appurtenances from the public rights-of-way and shall restore any property,
public or private, to its original condition prior to the installation, erection,
or construction of the cable system. Restoration of city property shall be in accordance
with the directions and specifications of the city and all applicable law. Said removal
and restoration shall be at the grantee's expense. If such removal and restoration
is not completed within 12 months after the notice by the city, delivered in writing
to grantee, all of the grantee's property remaining in the affected public rights-of-way
shall, at the option of the city, be deemed abandoned and shall, at the option of
the city, become the property of the city. In the event the grantee fails or refuses
to remove its system or satisfactorily restore all areas, the city may perform such
work and collect the cost thereof from the grantee. No surety on any bond shall be
discharged until the city has certified to the grantee in writing that the system
has been dismantled, removed, and all other property restored to the satisfaction
of the city. This section (requiring removal or abandonment) shall not apply if grantee
is lawfully no longer a cable system operator and if: (i) the plant is in continuous
use; (ii) removal and abandonment is addressed by other laws, regulation or otherwise,
and (iii) the grantee has received all lawfully required local, state or federal authority
to so operate.
(Ord. No. 170, § XI, 4-5-99)
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