§ 71-113. Removal.

(a)

Upon expiration or termination of a cable communications franchise and if all required procedures under the renewal provisions of the Federal Cable Act, if any, are completed, and if neither the city nor an assignee purchase the cable communications system, a 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. A 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 provided in this chapter. A grantee shall remove, at the grantee's 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 earlier than the date of expiration of the franchise or the conclusion of any renewal proceedings, whichever is later. A grantee shall file written notice with the city clerk not later than 30 calendar days following such notice 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 of the city. Removal shall be completed not later than 12 months following the date that notice of removal is sent to a grantee. In the event that removal is not completed within said 12-month period, city shall have the option, but not the obligation, to complete such removal at the grantee's sole cost and expense. Underground cable and conduit in the streets which is not removed shall be deemed abandoned and title thereto shall be vested in the city, subject to a grantee's right to compensation, if any, as provided by federal law.

(b)

Upon expiration or termination of a franchise, if the franchise is not renewed and if neither the city nor an assignee purchase the system, the grantee, at the grantee's sole expense, shall, unless relieved of the obligation by the city, remove from the streets all aboveground elements of the cable communications 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 an assignee.

(c)

A 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 generally 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 streets to the same condition they were in before the work of removal commenced. In the event that removal is not completed within said 12-month period, city shall have the option, but not the obligation, to complete such removal at the grantee's sole cost and expense. No surety on any bond shall be discharged until the city has certified to the grantee in writing that the system has been dismantled, removed, and all other property restored to the satisfaction of the city.

(Ord. No. 02-03, Art. IV(13), 2-28-02)