§ 10-11-104. Procedures in event of termination.
   (a)   Generally. If a franchise is revoked, expires, or is otherwise terminated, and the franchisee does not have other authority to maintain and operate its franchise in the County's public rights-of-way, then, to the extent not inconsistent with 47 U.S.C. § 541(b)(3), the County may order the franchisee to:
      (1)   remove above-ground system facilities from the franchise area within a reasonable period of time as determined by the County; or
      (2)   maintain and operate its cable system as trustee for its successor in interest for a period not to exceed 24 months from the date of termination and provide cable services of the types provided before termination in accordance with the provisions of this article and the terms of the franchise agreement.
   (b)   Removal of plants, structures, and equipment. In removing its plant, structures, and equipment pursuant to subsection (a) of this section, the franchisee shall refill, at its own expense, any excavation that is made by it and shall leave all roads and public places in as good a condition as that prevailing before removal and without affecting electrical or telephone cable wires or attachments. All applicable indemnification and insurance requirements, the security fund, and the construction and performance bonds shall continue in full force and effect during the period of removal and until full compliance by the franchisee with the provisions of this section.
   (c)   Failure to complete work. If a franchisee fails to complete any work required by subsection (a) or (b) or any other work required by law within 90 days after receipt of written notice and to the satisfaction of the County, the County may cause the work to be done and:
      (1)   the franchisee shall reimburse the County for the costs incurred within 30 days after receipt of an itemized list of the costs; or
      (2)   the County may recover the costs through the security fund or bonds provided by the franchisee.
   (d)   Enforcement. The County may seek legal and equitable relief to enforce the provisions of this section.
   (e)   No limitation on County rights. The termination of a franchise does not affect any of the rights of the County under any provision of law.
(Bill No. 54-06)