§ 71-42. Renewal.

(a)

Franchise renewal procedures shall be in accordance with federal law, including but not limited to the provisions of 47 U.S.C § 546 as may be amended from time to time.

(b)

If the city does not renew a franchise or a franchise is terminated as provided in this chapter, the city shall have the option to either:

(1)

Acquire at fair market value all the assets of the grantee's operations within the city;

(2)

Require the sale at fair market value of all such assets to a succeeding grantee;

(3)

Require the removal, in accordance with the provisions of this chapter, of all grantee's property located within the public ways of the city. Furthermore, in removing its plant, structures and equipment, the grantee shall refill, at its own expense, any excavation that shall be made by the grantee and shall leave all public ways and places in as good condition as that prevailing prior to the grantee's removal of equipment and appliances, without affecting the electric, telephone, or other users' cables, wires or attachments. The city shall inspect and approve the conditions of the public ways and public places and cables, wires, attachments and poles after removal. The liability insurance, indemnity and performance bond provided in this article shall continue in full force and effect during the period of removal; or

(4)

Require the grantee to abandon in place any property which, in the city's opinion, would be too disruptive to the public rights-of-way to be removed.

(Ord. No. 02-03, Art. II(12), 2-28-02)