(a) Removal; Underground. As soon as practicable after the later of the term of its franchise agreement or pre-existing agreement expires, permittee or its successors and assigns shall remove any underground cable or other portions of permittee's facilities from the public right-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. Permittee shall not remove any underground cable or other portions of the facilities which requires trenching or other opening of the public right-of-way except with the prior written approval of Manager. All removals shall be at permittee's sole cost and expense. For purposes of this subsection (a), "cable" means any wire, coaxial cable, fiber optic cable, feed wire or pull wire.
(b) Removal; Above Ground. As soon as practicable after the later of the expiration of the term of its franchise agreement or pre-existing agreement, permittee, or its successor or assigns at its sole cost and expense, shall, unless waived in writing by Manager, remove from the public right-of-way all above ground elements of its facilities, including but not limited to poles, pedestal-mounted terminal boxes, and lines attached to or suspended from poles.
(c) Schedule. The schedule and timing of removal shall be subject to approval by Manager. Unless extended by Manager, removal shall be completed not later than twelve months following the expiration of the later of the term of a franchise agreement or pre-existing agreement. Portions of permittee's facilities in the public right-of-way that are not removed within such time period shall be deemed abandoned and, at the option of the Municipality exercised by written notice to permittee at the address provided for in the franchise agreement or pre-existing agreement (whichever was last in effect), title to the portions described in such notice shall vest in the Municipality.
(Ord. 14-08. Passed 8-19-08.)