§ 70-212. Removal.

(a)

Upon discontinuance of operation of all or a portion of a communications system, or expiration or termination of a communications system franchise, if the franchise is not renewed and if an assignee does not purchase the system, the grantee may remove any underground cable from the public rights-of-way which has been installed in such a manner that it can be removed without trenching or other opening of the public right-of-way along the extension cable to be removed. The grantee shall not remove any underground cable or conduit which requires trenching or other opening of the public ways along the extension or cable to be removed, except as authorized by the city's director of public works or as otherwise provided in this section. The grantee shall remove, at the grantee's sole cost and expense, any underground cable or conduit by trenching or opening the public ways along the extension thereof or otherwise which is ordered to be removed by the city based on a determination by the city, at its sole discretion, that removal is required in order to eliminate or prevent a hazardous condition or promote the future utilization of the public rights-of-way for public purposes. Any order by the city to remove cable or conduit shall be mailed to the grantee not later than 30 calendar days from the date of expiration of the franchise. A grantee shall file written notice with the city manager not later than 30 days following the date of discontinuance of operation of all or part of its system, or as applicable, 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 director of public works. Removal shall be completed no later than 90 days following the date of expiration of the franchise, or as applicable, the notice given by the grantee under this section unless the grantee otherwise demonstrates that removal cannot be completed in that length of time, in which case a reasonable time frame shall be established by the city in consultation with the grantee which time shall not exceed one year from the date of expiration of the franchise, or the date of the written notice. Underground cable and conduit in the public rights-of-way which is not removed shall be deemed abandoned and title thereto shall be vested in the city.

(b)

Upon expiration or termination of a franchise, if the franchise is not renewed and if an assignee does not purchase the system, the grantee, at the grantee's sole expense, shall either (1) remove from the public ways all aboveground elements of the system located in the right-of-way, or (2) render every portion of the system in the right-of-way safe, and abandon same in its entirety, and the same shall thereupon become the sole property of the city without payment to grantee.

(c)

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, regulations or policies of the city; shall conduct and complete the work of removal in compliance with all such applicable ordinances, regulations and policies; and shall restore the public rights-of-ways to the same condition they were in before the work of removal commenced. The work of removal shall be completed not later than 90 days following the date of expiration of the franchise unless, for good cause shown the date is extended to a period not exceeding one year from the date of the expiration of the franchise.

(Ord. No. 99-46, § 1, 8-12-99)