(a) Following the grantee's commencement of services through and over its cable television system, the grantee shall promptly remove from the public streets, where its properties are located, all or any part of its facilities so located when one or more of the following enumerated conditions occurs:
(1) The grantee ceases to operate its system for a continuous period of six months from the date of said occurrence;
(2) The grantee fails to construct said system as hereinbefore and hereinafter provided;
(3) The franchise is terminated or revoked pursuant to notice as provided in Section 810.25; or
(4) The Village elects not to renew the franchise at the expiration of the initial franchise period, as provided in Section 810.24(f).
However, the grantee shall be entitled to receive notice, in writing, from the Village setting forth one or more of the occurrences hereinabove enumerated, or such other occurrence hereinbefore or hereinafter provided, and the grantee shall have ninety days from the date upon which said notice is received to remove said properties as hereinabove required.
(b) The Mayor is hereby authorized to enforce the provisions of this section as hereinafter provided:
(1) The Mayor shall notify the grantee in writing of any occurrence provided for in this section. Within 180 days following receipt of said notice, the grantee shall remove from the streets of the Village, upon, over and under which its properties are located, all of said properties, unless otherwise authorized and permitted by the Mayor.
(2) The Mayor may declare abandoned any property of the grantee remaining in place 180 days after notification from him or her as hereinabove provided, and the same shall be considered permanently abandoned property unless the Mayor extends the time for removal of said property for good cause shown.
(c) Any property abandoned by the grantee as hereinabove or hereinafter provided shall become the property of the Village, and the grantee agrees to execute and deliver an instrument, in writing, transferring its ownership interest in any such property to the Village, provided that any notice given the grantee by the Mayor as provided in this section shall be deemed notice to any other persons claiming interest in said property of the grantee, and said persons shall be subject to all the provisions hereinbefore provided.
(Ord. 16-80. Passed 5-20-80.)