(A) This section is applicable to any MCS provider required to maintain a franchise to operate within the city.
(B) Whenever the following occurs, then, unless the city or another MCS provider uses such multi-channel system under the continuity provisions outlined in this chapter, the affected franchised MCS provider shall promptly remove its multi-channel system property from the streets, public ways, and private property located within the city:
(1) A franchised MCS provider ceases to operate all or part of the multi-channel system for a continuous period of six months;
(2) A franchised MCS provider ceases and fails to construct the multi-channel system outlined in the application, or proposal for renewal, or renewal franchise agreement;
(3) The Council/franchising authority elects not to renew the franchise pursuant to the provisions set forth in this chapter; or
(4) The franchised MCS provider's franchise is revoked pursuant to the provisions set forth in this chapter.
(C) If not removed voluntarily by a franchised MCS provider, then the Council/franchising authority may notify such franchised MCS provider that if removal of the property is not accommodated within 180 days, or substantial progress towards removal is not made within 120 days, then the Council/franchising authority may direct officials or representatives of the city to remove such franchised MCS provider's system property at that franchised MCS provider's expense. The performance and/or construction bond, irrevocable letter of credit, cash deposit, or full faith and credit guarantee required as set forth in this chapter shall be available to pay for such work.
(D) If officials or representatives of the city remove a franchised MCS provider's system property, and such franchised MCS provider does not claim the property within 90 days of its removal, then the Council/franchising authority may take whatever steps are available under state law to declare the property surplus, and sell it, with the proceeds of such sale (if permitted by state law) going to the city.
(E) When such franchised MCS provider removes its multi-channel system property from the streets, public ways, and private property located within the city, the franchised MCS provider shall, at its own expense, and in a manner approved by the Council/franchising authority, replace and restore such public or private property in as good a condition as before the work causing the disturbance was done.
(Ord. 4-1994-20, passed 4-12-94) Penalty, see § 112.999