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17.01.114. Removal

            (1)        Upon expiration or termination of the Franchise, if the Franchise is not renewed and if neither the City nor an assignee purchase the Cable Television System, the Grantee may remove any underground cable from the streets which has been installed in such a manner that it can be removed without trenching or other opening of the streets along the extension of cable to be removed.  The Grantee shall not remove any underground cable or conduit which requires trenching or other opening of the streets along the extension of cable to be removed, except as hereinafter provided.  Subject to federal law, the Grantee shall remove, at its sole cost and expense, any underground cable or conduit by trenching or opening of the streets along the extension thereof or otherwise which is ordered to be removed by the City based upon a determination, in the sole discretion of the City, that removal is required in order to eliminate or prevent a hazardous condition or promote future utilization of the streets for public purposes.  Any order by the City to remove cable or conduit shall be mailed to the Grantee not later than ninety (90) calendar days following the date of expiration of the Franchise.  Grantee shall file written notice with the City Recorder not later than thirty (30) calendar days following the date of expiration or termination of the Franchise of its intention to remove cable intended to be removed and a schedule for removal by location.  The schedule and timing of removal shall be subject to approval and regulation by the City.  Removal shall be completed not later than twelve (12) months following the date of expiration of the Franchise.  Underground cable and conduit in the streets which is not removed shall be deemed abandoned and title thereto shall be vested in the City.

            (2)        Upon expiration or termination of the Franchise, if the Franchise is not renewed and if neither the City nor an assignee purchases the System, the Grantee, at its sole expense, shall, subject to federal law unless relieved of the obligation by the City, remove from the streets all above ground elements of the Cable Television System, including but not limited to amplifier boxes, pedestal mounted terminal boxes, and cable attached to or suspended from poles, which are not purchased by the City or its assigns.

            (3)        The Grantee shall apply for and obtain such encroachment permits, licenses, authorizations, or other approvals and pay such fees and deposit such security as required by applicable ordinance of the City, shall conduct and complete the work of removal in compliance with all such applicable ordinances, and shall restore the streets to the same condition they were in before the work of removal commenced.  The work of removal shall be completed not later than one (1) year following the date of expiration of the Franchise.


Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 99-62, Enacted, 12/16/1999

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