In the event that the grantee: (i) violates any of the material provisions of this
chapter; (ii) ceases to operate its telecommunications system within the city for
any consecutive period of seven days during the term of a franchise granted pursuant
to this chapter; (iii) is prohibited by state or federal regulatory authorities from
operating its telecommunications system or (iv) is precluded by governmental authorities
from charging the franchise fee provided in this chapter to its customers, and the
grantee provides the city with written notice of its desire to terminate this franchise,
then the city, at its option, may forthwith declare a forfeiture and termination of,
and revoke and cancel all rights granted under, a franchise, provided that, prior
to such termination by the city resulting from a violation by the grantee of any of
the provisions of this chapter, the grantee shall be served by the city with a written
notice setting forth all matters pertinent to such violation, and describing the action
of the city with respect thereto. The grantee shall have 30 days after service of
such notice within which to cure the violation, or within which to present a plan
satisfactory to the city, to accomplish the same. In the event of such termination,
the grantee shall, within 90 days following demand by the city, remove or abandon
the system and take such steps as are necessary to render every portion of the telecommunications
system remaining within the rights-of-way of the city safe, and shall thereupon be
deemed to have abandoned same in its entirety; and the same shall thereupon become
the sole property of the city without payment to the grantee; provided, however, if
the city chooses to have all or any portion of the telecommunications system removed
from the city's right-of-way, the grantee shall do so at the grantee's expense within
90 days after notice to the grantee.
(Ord. No. 99-46, § 1, 8-12-99)
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