§ 10-31. Removal of franchise property.  


Latest version.
  • (a)

    Upon the termination or revocation for cause of any franchise granted pursuant to this article, should the city determine that it does not desire to purchase the system or any part thereof, the franchise property shall be removed in accordance with this section.

    (b)

    Within thirty (30) days of the termination, revocation, or surrender, grantee shall file with the city its schedule and timing of removal, which shall be subject to the approval and regulation by the city. Removal shall be completed no later than twelve (12) months from the date of approval of the plan by the city, and any affected private or public property shall promptly be restored to the reasonable satisfaction of the director of public service, at grantee's expense. Any cable, conduit and other facilities, including but not limited to, towers, poles, wires, aerial or non-buried cables, fixtures, amplifier boxes, pedestal mounted terminal boxes and cable attached to or suspended from poles, and any subscriber equipment and drops or other facilities from the rights-of-way; provided, however, that the grantee shall not disturb any underground conduit, manholes or other facilities constructed underground of other persons. As determined in the sole discretion of the city, grantee may abandon underground franchise property so long as it does not unreasonably interfere with the use of street or public rights of way or with the use of any public utility, prospective grantee, or other party entitled to current or prospective use of easement areas. Any property not removed by a grantee, remaining after the twelve month period shall be deemed abandoned, and, at the option of the city, the city shall take possession, title and control of all or any part of the cable facilities, with no payment to grantee; or such cable facilities shall be removed by the city and the grantee shall be liable for all costs and removal and restoration or property.

    (c)

    Grantee shall apply for and obtain any permits, licenses or approval and pay any fees or deposit such security required by applicable ordinance prior to the commencement of work, and shall complete such work in compliance with local ordinances, and shall restore the streets and premises to the same condition they were prior to the commencement of the work. All such work provided under this article, including restoration shall be complete within the one year period.

    (d)

    In the event that, during the term of this franchise, where the franchise is not terminated or revoked, but a part of the cable facilities are deemed abandoned, the director of public service may order any such part of the facilities removed within ninety (90) days, or longer for good cause shown. If such facilities are not removed and/or property restored within the time period, the city may cause such work to be done pursuant to section 10-15(b).

(Ord. No. 80-512, § 1, 6-24-97)