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(a) Any franchise granted hereunder shall give to the grantee the right and privilege to construct, erect, operate, modify and maintain in, upon, along, across, above, over and under streets, as defined in Section 711.02, which have been or may hereafter be dedicated and open to public use in the City, towers, antennas, poles, cables, electronic equipment and other network appurtenances necessary for the operation of a broadband telecommunications network in the City, except that the City shall have the first right of refusal to set any poles required.
(b) Any franchise granted hereunder shall give to the grantee the authority to trim trees upon and overhanging the streets so as to prevent damage to the telecommunications network and interruption of service. Such tree trimming as may be required will be done under the supervision and direction of the City Engineer and/or the Street Commissioner and at the sole expense of the grantee.
(Ord. 29-1972. Passed 3-5-73.)
(c) The franchise and rights therein granted by the City shall take effect in accordance with the provisions of Section 711.08 and continue in full force and effect for a term of fifteen years.
(Ord. 15-1973. Passed 3-30-73.)
(d) The City reserves the right to terminate any franchise granted hereunder and rescind all rights and privileges associated therewith in the event of:
(1) Noncompliance by the grantee with any provision of this chapter or of any supplemental written agreement entered into by and between the City and the grantee.
(2) The grantee becomes insolvent, enters into receivership or liquidation, files an application for bankruptcy or for composition of creditors, is unable or unwilling to pay his debts as they mature or is in financial difficulty of sufficient consequence so as to jeopardize the continued operation of the network.
(3) Violation by the grantee of any Federal Communications Commission order or ruling or the order or ruling of any other governmental body having jurisdiction over the grantee unless the grantee is lawfully contesting the legality or applicability of such order.
(e) In the event that the City decides to terminate for cause a franchise granted hereunder, the City shall give the grantee ninety-days written notice of its intention to terminate and stipulate the cause. If during the ninety-day period the cause shall be cured to the satisfaction of the City, the City may, at its discretion, declare the notice to be null and void. In any event before a franchise may be terminated the grantee must be provided with an opportunity to be heard before Council.
(f) When this franchise expires, or if a franchise granted hereunder is revoked, the grantee shall first offer its broadband telecommunications network for sale to the City on terms not less favorable than the grantee offers the same to a willing buyer. The City shall have ninety days to exercise this right of first refusal to purchase the network. If the City does not exercise its option to purchase, and the network is not sold to another operator who has obtained a franchise from the City, within a reasonable period of time as determined by the City, after expiration of the franchise term, the grantee shall, if permitted by the City, abandon such property in place or enter upon the public ways and public places of the City for the purpose of removing therefrom all of its plants, structures and equipment and shall promptly remove all of its facilities and equipment from the premises of all subscribers at a time convenient to both the grantee and the subscriber.
(g) In so removing such plants, structures and equipment, the grantee shall refill, at its own expense, any excavation that shall be made by it and shall leave such public ways and places in as good condition as that prevailing prior to the company's removal of its equipment and appliances without affecting, altering or disturbing in any way the electric distribution or telephone cables, wire or attachments on any poles. The Mayor or his appointee shall inspect and approve the condition of such public ways and public places and cables, wire, attachments and poles after removal. In the event of dispute of the Mayor's opinion, the grantee or any other person may request a public hearing before Council. Liability insurance and indemnity provided for in this chapter shall continue in full force and effect during the entire period of removal.
(Ord. 29-1972. Passed 3-5-73.)