§ 118.078  REMOVAL.
   (A)   Upon expiration or termination of a franchise, if the franchise is not renewed and if neither the city government nor an assignee purchase the cable system, the grantee may remove any underground cable from the public ways in which it has been installed in such a manner that it can be removed without trenching or other opening of paved surfaces along the extension of cable to be removed.  The grantee shall not remove any underground cable or conduit which requires trenching or other opening of paved surfaces along the extension of cable to be removed, except as hereinafter provided.
   (B)   The grantee shall remove, at its sole cost and expense, any underground cable or conduit by trenching or opening of the streets along the extension thereof or otherwise which is ordered to be removed by the city government based upon a determination in the sole discretion of the city government, that removal is required in order to eliminate or prevent a hazardous condition or promote future utilization of the public way for public purposes.  Any order by the city government to remove cable or conduit shall be made to the grantee not later than 30 calendar days following the date of expiration of the franchise.
   (C)   A grantee shall file written notice with the City Clerk not later than 30 calendar days following the date of expiration or termination of the franchise of its intention to remove cable or conduit and a schedule for removal by location.  The schedule and timing of removal shall be subject to approval by the City's Board of Public Works and Safety or its designated representative.  Removal shall be completed not later than 12 months following the date of expiration of the franchise.  Unless the city government authorizes otherwise, underground cable and conduit in public ways which is not removed within 12 months shall be deemed abandoned and title thereto shall vested with the city government.
   (D)   Upon expiration or termination of a franchise, if the franchise is not renewed and if neither the city nor an assignee purchase the cable system, the grantee shall, at its sole expense unless relieved of the obligation by the city government, remove from the public ways all above ground elements of the cable system, including but not limited to amplifier boxes, pedestal mounted terminal boxes, and cable attached to or suspended from poles which are not purchased by the city government or its assignee.
   (E)   The grantee shall apply for and obtain such encroachment permits, licenses, authorizations, or other approvals and pay such fees and deposit such security as required by applicable chapter of the city government, shall conduct and complete the work of removal in compliance with all such applicable chapters, and shall restore the streets to the same condition they where in before the work of removal commenced.  The work of removal shall be completed not later than one year following the date of expiration of the franchise.
(1980 Code, § 118.078)  (Ord. 1996-4, passed 4-9-1996)