(A) In the event that the use of any part of the system is discontinued for any reason by any franchisee for a continuous period of 12 months, or in the event the system or facility has been installed in rights-of-way without complying with requirements of this chapter, or the rights granted hereunder have been terminated, cancelled or have expired, the franchisee shall promptly remove from the rights-of-way all facilities of the system, other than those the city may permit to be abandoned in place. In the event of a removal, the franchisee shall promptly restore the rights-of-way from which the facilities have been removed to a condition satisfactory to the city. Any facilities of a franchisee to be abandoned in place, shall be abandoned in such manner as the city may prescribe. Upon its permanent abandonment of facilities in place, the franchisee shall submit to the city an instrument, to be approved by the city, transferring ownership of the facilities to the city.
(B) Upon expiration of a franchise, whether by lapse of time, by agreement between the franchisee and the city, or by forfeiture thereof, the franchisee shall remove, at its sole cost, from the rights-of-way any and all of its facilities that are the subject of the franchise within a reasonable time after its expiration, not to exceed 90 days. Immediately upon such removal, it shall be the duty of the franchisee to restore the rights-of-way from which the facilities are removed to as good a condition as the same were before the removal was effected and as required by the city.
(C) Notwithstanding the foregoing, the city may allow facilities to be left in place when the city determines, in its sole discretion, that it is not practical or desirable to require their removal.
(Ord. 4, Series 2020, passed 10-8-2020)